The Use of Electronic Monitoring Information for Community Detention

Introduction

This topic outlines information and policy about data gathered through EM on CD, along with guidelines for the storage and disposal of this information.

Legislative reference: Section 69F Sentencing Act 2002.

How information can be used

The information that is obtained about an offender through EM on CD, may only be used to:

• verify compliance with the condition that the offender remain at the curfew address during the curfew period
• detect non-compliance with that condition
• provide evidence of non-compliance with that condition
• provide evidence of the commission of offences during the curfew period, and
• verify that the offender has not tampered or otherwise interfered with the EM equipment.

When information can be collected

Information may be collected about the offender's whereabouts during the whole of the sentence, but may only be used if it was collected during the curfew period.

Information about tampering or interference with the EM equipment collected at any time may be used.

Examples

EM information cannot be used to monitor an offender's movements in and out of the curfew address outside of their curfew period.

EM information can be used outside of the curfew period if the information tells us the anklet or HMU has been removed or tampered with.

Storage and disposal of information

EM information collected about a given offender should be stored on the offender's file.

Note: Any information obtained outside the curfew period must be destroyed at the conclusion of:

• any enforcement action related to tampering or interference with equipment, or
• the CD sentence, whichever is later.