Relevant critical success factors and good practice standards identified in the international research and practice literature include: reliable and robust monitoring equipment ensuring proper coverage with minimal faults and false alarms; random rather than fixed contact schedules especially for high-risk offenders; active not just passive monitoring systems; a multi-faceted surveillance regime of face-to-face supervision for compliance with case management plans and electronic monitoring for 24-hour surveillance (in one Australian evaluation); effective and flexible systems for changing specific activity monitoring information; and immediate and severe sanctions for tampering with monitoring equipment.
One jurisdiction’s program manager cited corrective service officers maintaining full control over equipment and responsibility for monitoring (rather than contracting to an external service provider) as a critical success factor for successful program outcome. Another cited the importance of personal contact over purely electronic monitoring, providing opportunity for personal interaction between case officer and detainee. The importance of a very good relationship with the monitoring company was considered a critical success factor in a third jurisdiction.
Relevant guidelines in the Standard Guidelines for Corrections in Australia (2004) include: level of surveillance commensurate with assessed risk level and minimum level needed for compliance; a monitoring regime that is minimally intrusive for cohabitants and that takes account of their physical safety and wellbeing; and electronic monitoring devices being as unobtrusive as practical and robust against false signalling of violations (s.2.3 - 2.5, Containment, Community Corrections).
Comparison:
Jurisdictions vary in the specific features of the schemes used to monitor detainees (see table below), in whether electronic monitoring is routinely applied (see following table in this section), and in whether corrective service officers or contractors are responsible for monitoring offenders. In NSW, Victoria, Queensland, SA and the ACT, community corrections officers are responsible for monitoring and surveillance. In the NT, casual employees of the department are gazetted to undertake this role, other than breach action where statutory Probation and Parole Officers are responsible. In NZ a contracted company is responsible for the electronic monitoring component.
In relation to monitoring frequency, jurisdictions generally operate a graduated scheme of 3 to 4 stages, with reporting frequency for each stage determined in policy and procedural documents, although the number of stages/phases and the timing and conditions for moving between these stages varies across jurisdictions (see second table below for a detailed description based on jurisdictional policy and procedures documentation and the third table in this section for a summary of only the minimum contact standards per monitoring scheme stage calculated to a common time period across jurisdictions).
In relation to electronic monitoring, it is used in NSW, Victoria, SA, ACT, and NZ. Queensland also operated electronic monitoring for a time-limited trial period between 2000-02. NT uses a modified electronic system in the form of an electronic device worn by the detainee, but its purpose is to record face-to-face contacts between Surveillance Officers and detainees rather than provide an electronic means for determining a detainee’s whereabouts. Jurisdictions vary in the extent to which detainees are subject to electronic monitoring (see final table in this section).
Monitoring methods and responsibility
|
methods |
responsibility |
|
|
NSW |
|
Probation and Parole Officers |
|
Vic 1 |
|
Home Detention Officers |
|
Qld |
|
Community Corrections Officers casual HD surveillance officers |
|
SA |
|
Corrections Officers |
|
ACT |
|
Corrections Officers |
|
NT |
|
HD surveillance officers (casual employees) 2 , Probation and Parole Officers |
|
NZ |
|
contracted company (Chubb New Zealand Limited) and Probation Officers 3 |
Monitoring regime and frequency
|
monitoring regime and authority to vary |
frequency of monitoring (minimum contact standard) |
|
|
NSW |
• 4-stage process of decreasing intensity, with detainees sentenced to under 3 months commencing at stage 2 • offenders may be returned to earlier stage on program infringement • authority to vary: HD team |
• stage 1: 20 minimum contacts per month averaging 5 per week with 10 face to face & 10 other (ie, by phone or with employers or family or counsellors etc) and 8 of the face to face being at home with 2 at weekends and 2 between 7pm and 7am • stage 2: minimum 20 contacts with 8 face to face and the same weekend & overnight number as stage 1 • stage 3: 16 contacts per month with minimum 6 face to face of which 4 are home and one weekend and one overnight as stage 1 • stage 4 : 12 contacts with 4 face to face of which 2 are home and one each weekend and overnight) • officer can direct detainee to report to them at district offices which counts as a mandatory face to face contact • frequent (at minimum every 2nd or 3rd day in initial stages) for offenders with drug abuse history • officers to contact employer at least monthly & routinely inspect pay slips at normal pay intervals, verify vocational training or counselling or other prescribed activity at least monthly, & verify attendance at job interviews if unemployed |
|
Vic |
• 3 phases of graduated intensity • movement from phase 1 to 2 requirements: minimum of two weeks detention completed, OMP commenced and complied with, no minor breaches; from 2 to 3: no minor breaches for a minimum of one month since transition to Phase Two, all strategies and goals of Offender Management Plan on target or completed • authority to vary: Manager |
• phase 1: 5 contacts per week with maximum of 1 contact per day, 2 contacts must be face to face one of which must occur on a weekend day, 1 contact must be between the hours of 5.30 pm - 7.30 am; minimum 1 urine/breath test per week (with offenders with a drug or alcohol abuse history to remain on this testing frequency regardless of monitoring phase) • phase 2: 3 contacts per week with maximum of 1 contact per day, 1 contact must be face to face, 1 contact must occur on a weekend day and one must be between the hours of 5.30 pm - 7.30 am; minimum 1 urine/breath test per fortnight • phase 3: 3 contacts per fortnight with maximum of 1 contact per day, 1 contact must be face to face, 1 contact must occur on a weekend day and one must be between the hours of 5.30 pm - 7.30 am; random testing regime of minimum 1 urine/breath test per month |
|
Qld |
• intensive or standard surveillance • surveillance levels and case management practices may be varied at discretion of Area Manager (decrease in standard surveillance level requires Regional Director approval); agreed level & process for surveillance to be established by Area Manager in consultation with Regional Director in case of Aboriginal community/isolated community/isolated offender |
• intensive: 1 personal (ie, direct contact between offender and supervisor), 2 home visits, and 4 phone checks (or 4 home visits if no phone) per week, 1 phone or physical workplace/social check per fortnight • standard: 1 personal, 1 home visit, and 3 phone contacts (or 3 home visits if no phone) per week, 1 workplace/social phone/physical check per fortnight • during EM trial period for EM detainees: in first month, 12 personal contacts per month including 4 office visits and 4 collateral (ie, in person or phone contacts with other persons, eg, employer, counsellor, family member, Centrelink office, doctor used to verify offender approved activities), subsequent months 8 personal including 4 office visits & 4 collateral visits |
|
SA 4 |
• 4 levels of supervision for metropolitan and country areas and separate regime for remote and isolated areas • an offender can commence HD at level 1 or 2 with Prisoner Assessment Unit determining initial level for back-end detainees • Manager, Case Management must approve any changes to level of supervision for back-end detainees • for front-end detainees, court determines level and length of supervision which cannot be changed without court approval unless authority has been specifically granted to the Community Corrections Officer in the conditions |
• Level 1 Metropolitan: per 28 days, minimum of 4 face to face contacts at residence, 2 face to face/telephone contact at another approved location, and daily telephone contacts initiated by Officer/ or daily check/face to face/telephone/computer if EM • Level 1 Country: per 28 days, minimum of 4 face to face contacts, 2 at residence, daily telephone/computer contact, 2 face to face/telephone contact at another approved residence • Level 2 Metropolitan & country: per 28 days, Metropolitan & country: minimum of 12 telephone checks, 4 face to face contacts, 2 face to face/telephone contact at another approved location • Level 3 Metropolitan & country: per 28 days, minimum of 8 telephone checks, 2 face to face contacts, 2 face to face/telephone contact at another approved location • Level 4 Metropolitan & country: per 28 days, minimum of 4 face to face contact at office/residence, 4 telephone contacts outside office hours negotiated by the assigned case manager with the home detention on call case manager • Remote (ie, more than 60 minutes from CC centre): per 28 days, minimum of 2 face to face contacts, 20 telephone/ contacts, 16 contacts utilising a message recording system if no EMSSA monitoring and 2, 12, and 10 respectively if EMSSA • Isolated: per 28 days, minimum of 20 telephone contacts and 16 contacts utilising a1800 telephone number at a verifiable source • CCOs must review computer calls on a weekly basis, calls should be random (over the broadest span of time possible), and varied rather than a fixed number (eg, a range of calls, eg, 1-2, 1- 3, or 2-4) |
|
ACT |
• 3 level regime: intensive, medium and minimum • level of supervision must be in accordance with conditions ordered by the court • all detainees entering the home detention program must be supervised at level one for the first week following induction • Home Detention Manager must approve any changes to the level of supervision according to case reviews with the Home Detention Officer |
• level 1: minimum of 3 face to face & 2 phone calls per week • level 2 min. = 2 face to face & 2 phone calls per week • level 3 = 1 face to face & 3 phone calls per week • any levels of supervision must be in accordance with conditions ordered by the Court |
|
NT 5 |
• intensive surveillance • can be varied at the discretion of the area manager |
• intensive: 5-10 visits per week to home, office, workplace, or other place the detainee may be • random phone checks if phone available • random visits approximately 3 per month to breath test for alcohol • random urinalysis checks approximately monthly |
|
NZ |
• three phase regime, with initial placement allocated in accordance with RoC:RoI and Regime Assessment scores (except for pre-parole detainees, those on the Offender Warning System, or with any current or previous convictions for sexual related offending, or with victims on the Victim Notification Register, all of who are allocated into and remain on MR3 throughout the order) • requirements to move between phase 1 to 2: completed half the order, making progress in accordance with the Sentence Plan and compliant with all aspects of the order for a minimum of four weeks; phase 2 to 3: completed third quarter of the order, made significant progress in relation to the Sentence Plan and compliant with all aspects of the order; if offenders do not progress due to non-compliance they remain on the current phase for a further 4 weeks, if continue to be noncompliant, enforcement action is considered; if the order is for longer than 6 months, the officer can progress the offender to the next phase before offender is eligible if complying with all aspects of the order for a minimum of 4 weeks, has made significant progress in relation to the Sentence Plan, and the Service Manager has approved the progression • Probation Officer has discretion to place the detainee back onto an earlier phase at any time if the detainee fails to comply |
• for all phases there is continuous electronic monitoring while in residence or at work where applicable and security or alternative monitoring while on approved absence • MR1 Phase 1: 1 visit and 1 phone call per week • MR1 Phase 2: alternating home and office visits weekly • Phase 1 MR3: 3 visits per week • Phase 1 MR2: 2 visits per week • Phase 1 MR1: 1 visit and 1 phone call per week • Phase 2 MR1: 2 visits per week • Phase 2 MR2: 1 visit per week • Phase 2 MR3: 1 visit per week alternating home and CPS office • Phase 3 MR1: 1 visit per week • Phase 3 MR2: 1 visit per week • Phase 3 MR3: 1 visit per week alternating home and CPS office |
Minimum contact frequency per stage, calculated per month*
|
stage/phase |
NSW |
Vic |
SA 6 |
ACT |
NZ 7 |
|
most intensive |
1: 20 |
1: 20 |
1: daily |
1: 20 |
1 (MR3): 12 |
|
2: 20 |
2: 12 |
2: 18 |
2: 16 |
2 (MR3): 8 |
|
|
least intensive |
3: 16 |
3: 6 |
3: 12 |
3: 12 |
3 (MR1-3): 4 |
Application of electronic monitoring
|
mandatory requirement or circumstances if non-mandatory |
|
|
NSW |
routinely fitted unless in residential rehabilitation or Director has approved removal in special circumstances |
|
Vic |
all detainees are electronically monitored for the duration of the order (applies whether front-end or back-end program) |
|
Qld |
introduced on a time-limited trial basis only, operating between October 2000 and December 2002 8 for prisoners meeting specific criteria (see footnote below) |
|
SA |
at direction of Prisoner Assessment Committee when determining conditions of a back end order, Case Manager has discretion to remove based on detainee progress on monitoring regime stage; court may order as a condition of a front end order |
|
ACT |
continuous monitoring of all offenders with some circumstance exceptions (eg, an offender spending a limited amount of time in the territory prior to transfer to an interstate residential rehabilitation unit) |
|
NT |
nil |
|
NZ |
all detainees are electronically monitored for the whole period of the order |
Features of electronic monitoring schemes
|
equipment |
timing of installation |
monitoring responsibility |
|
|
NSW |
passive monitoring |
installation on day of release or else within 24 hrs |
supervising officer |
|
Vic |
static monitoring system |
at induction which occurs on day of release |
Home Detention Unit officers |
|
Qld |
na (time limited trial only ending 2002 applied active monitoring from unit in detainee’s residence |
na (time limited trial only ending 2002) |
na (time limited trial only ending 2002) |
|
SA |
active monitoring system for past 5 years (previously passive monitoring) |
on day of release (or next working day in some country regions) |
Home Detention Unit officers in metropolitan area and after-hours in country areas |
|
ACT |
active monitoring through fixed unit most commonly placed in the residence, with mobile receiver units used to check that the location of a detainee is consistent with the approved schedule of movement |
Officer accompanies the person from the court to the approved residence where the officer then installs the equipment |
supervising officer |
|
NT |
na | na | na |
|
NZ |
active electronic monitoring at the residence and work location for all detainees for period of the order, with security or alternative monitoring while on approved absence (eg, manual monitoring where a security guard uses an electronic mobile receiver to pick up the signal from an offender’s bracelet at a distance of up to 30 metres) |
at first induction meeting on day of release |
contracted monitoring company (including responding to alarms) |
1 may also include installation of electronic monitoring equipment in workplaces where circumstances allow and verification forms for signing on and off approved activities.
2 NT: however, all breach actions are taken by statutory Probation and Parole Officers.
3 NZ: HD is managed by the Community Probation Service in partnership with Chubb New Zealand Limited, which provides the electronic, and security monitoring services including manual surveillance services, setting up and maintaining equipment, electronic monitoring, responding to all alarms, ancillary services as requested (eg, completing affidavits, giving evidence), and other miscellaneous services such as loosening the anklet and preinstallation checks; both Probation Officers and monitoring company officers may do home and work visits.
4 SA: as of March 2002 when revised standards were introduced.
5 NT: taken from NT’s general offender case management policy, which is a separate but cross-referenced document in the HD policy document. The detailed information above is summarised in the table below for those jurisdictions operating a 3 or 4 multi-staged system governing minimum contact standards, presented on a common basis of monthly reporting frequency and in descending order of intensity.
* NT operates an urban/rural system not a stage-determined regime.
6 SA metropolitan and country areas only, separate regime for remote and isolated areas.
7 NZ operates a phased system within each of the three management regimes (MR) to which the detainee is initially allocated; all phases include continuous electronic monitoring.
8 Qld: eligibility criteria: prisoner must be eligible to apply for a post-prison community based release order, must be Low or Open security classification (prisoner with a Medium security classification may only be considered if not serving a sentence for a violent or sexual offence); proposed residence must be within the areas covered by the Central, Southern or Metropolitan area offices; must be a participating community corrections board requesting the assessment; prisoner must not have been convicted within the last five years of an offence against any other resident at the proposed accommodation; must be no current domestic violence or child protection orders in place relating to the prisoner and any proposed co-resident; criteria upon which a community corrections board will identify a prisoner to participate in the electronic monitoring trial program: for a prisoner serving a sentence for a non-violent or non-sexual offence as defined in the Offence Severity Scale, the prisoner must have been assessed as unsuitable for immediate parole release, however, diversion from custody can be considered with the additional protection provided by electronic monitoring; for a prisoner serving a sentence for a violent or sexual offence as defined in the Offence Severity Scale, the prisoner must be assessed as being suitable for community release independent of electronic monitoring, however, to ensure community safety, electronic monitoring can be imposed to provide the highest degree of surveillance possible.