Investigating Community Detention Electronic Monitoring Boundary Notifications

Introduction

This topic outlines the process for identifying whether the offender has been complying with their curfews and EM, or whether there are issues of non-compliance.

Steps to take

The following table outlines the steps to take.

Step

Action

Access the CD EM notification and attached participant event history relevant to the offender.

Determine if there are any absences from the curfew address during the curfew period, or late arrivals or early departures from the curfew address.

If there are...	then...
none	record this and go to step 5.
some	go to step 3.

Determine if the offender has had any absences approved (e.g. on humanitarian grounds).

If the offender...	then...
has had an absence approved, and this matches the absence recorded on the CD EM notification	record this and go to step 5.
has not had an absence approved, or has had an absence approved, but this doesn't match the absence recorded on the CD EM notification	contact the offender to determine their excuse for not being present at the curfew address during the entire curfew period and seek evidence of their excuse. Go to step 4.

Determine whether the excuse is reasonable.

If the excuse is...	then...
reasonable	record this on the offender file.
not reasonable	take appropriate enforcement action. Reference: Volume 3B, Part IV, Non-compliance and enforcement. (Please refer to the related links section on this page).

Determine if there have been any equipment tampers.

If there are...

then...

none

record this and take no further action.

some

contact the offender to determine their excuse for tampering with the equipment and seek evidence of their excuse; and
consider whether a home visit is necessary to investigate the tamper and any associated possible equipment fault.

Reference: This chapter, the topic Responding to Community Detention Electronic Monitoring Notifications.

Go to step 6.

Determine whether the excuse is reasonable.

If the excuse is...	then...
reasonable	record this on the offender file and take no further action.
not reasonable	take appropriate enforcement action.

Evidencing for reasonable excuses

Where an offender offers a reasonable excuse, they must be able to provide evidence of the excuse e.g. medical certificate, contact details of witness. It is expected that in a case of an emergency, the offender should initiate contact with CPPS to advise of the emergency situation.

Reference: This volume, Part IV, Non-compliance and Enforcement, for guidelines on appropriate enforcement action.

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