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Welcome to the EuroPris Knowledge Management System. The table below shows questions and responses from European National Agencies. Select a question for more information or use the filters on the left to narrow down questions based on Agency or Category.
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Introduction: On 25 April 2017, the European Court of Human Rights delivered a pilot judgment (Rezmives and others v. Romania) urging the Romanian Government to take measures to resolve the structural dysfunction relating to conditions of detention in prisons and police cells. The Court encouraged the Romanian State to introduce measures to reduce overcrowding. The Romanian Government intend to regulate the use of electronic surveillance of convicts, as a general measure aimed at reducing prison overcrowding. Please provide information on your legislation on electronic surveillance of convicts, in particular:
The decision to release any prisoner on HDC (electronic monitoring) must be taken having regard to considerations of: (a) protecting the public at large; (b) preventing re-offending by the prisoner; and (c) securing the successful re-integration of the prisoner into the community. The SPS must therefore identify prisoners who present a low risk of (re)offending if released. To help identify which prisoners are most suitable, a robust assessment process has been developed. Legislation directs the SPS towards which prisoners maybe released: (a) a short term prisoner (under 4 years) sentenced to a term of three months or more: or (b) a long term prisoners (4 years and over) whose release on having served one-half of their sentence has been recommended by the Parole Board. Statutory Exclusions. Prisoners who: • are required to register as sex offenders; • are subject to an extended sentence; • are subject to a supervised release order; • are subject to a hospital direction; • have previously been recalled from licence; and/or • are awaiting deportation will not be eligible for release on HDC under any circumstances. Those prisoners who are not statutorily excluded must undergo a risk assessment. As only ‘low risk’ prisoners should be released on HDC, short term prisoners with high or medium supervision levels should not be considered (although, as supervision level can change, these prisoners may be eligible to apply for release on HDC at a later date; a review date should be set that corresponds to a review of the supervision category). Due to the length of the process for long term prisoners, low supervision is not a pre-requisite for them as the supervision level may change during the process.
What is the legal nature of electronic surveillance, the judicial procedure and the body responsible to enforce and supervise it?The Prisoners and Criminal Proceedings (Scotland) Act 1993 (as amended by the Management of Offenders etc. (Scotland) Act 2005) provides the power to release prisoners on Home Detention Curfew (HDC) in Scotland. HDC enables the Scottish Prison Service (SPS), on behalf of Scottish Ministers, to release certain prisoners early on HDC licence with electronic monitoring. The provisions came into force for short term prisoners (those sentenced to less than 4 years custody) on 3rd July 2006. In 2008, HDC was extended to certain prisoners serving long term determinate sentences (over 4 years). The maximum duration for HDC is 180 days (increased from 135 days on 21 March 2008), the minimum period is 14 days. All prisoners granted HDC are on licence subject to standard conditions and a curfew condition. The standard conditions have been specified by order and differ for long term and short term prisoners. If a prisoner is being released on HDC prior to their PQD, the prisoner should be released with both licences with any additional conditions applied by the parole board being included in the HDC licence. The HDC licence will terminate on the morning the Parole licence commences. Responsibility for monitoring compliance with the curfew condition of the licence lies with the electronic monitoring (EM) service provider contracted to the Scottish Government to provide EM services in Scotland. If a prisoner fails to comply with any condition in their license, the SPS may revoke the licence and recall the prisoner to custody. In such cases, the police are responsible for apprehending the prisoner and returning them to custody. Legislation also provides for those prisoners recalled to custody for failing to comply with any condition included in the licence to makes representations against the revocation to the Parole Board (appeal against recall).
The time-limits and health risks associated with the measure?The maximum duration for HDC is 180 days (increased from 135 days on 21 March 2008), the minimum period is 14 days. There are no known health risks associated with HDC electronic monitoring.
The procedure to challenge the decision and the penalty for breaching conditions?As Q2
The electronic surveillance is not limited in time or it is limited to certain intervals?As Q3
What are the financial costs and the human resources needed?Not available.
The main categories of persons under EM are conditionally released offenders with intensive supervision and other probationers, whose compliance with court imposed obligations may be supervised by EM devices. An inmate’s consent is necessary.
What is the legal nature of electronic surveillance, the judicial procedure and the body responsible to enforce and supervise it?An inmate may be released if he/she complies with the individual social rehabilitation plan and submitted an application to the Commission on Conditional Release where his/her wish to be released earlier with EM is expressed. The Commission on Conditional Release takes positive or negative decision. If a decision is positive, the Commission sends the decision to court for approval. If a decision is negative an inmate may challenge it before court. Court makes the final decision regarding release; the terms are set by the laws. The Probation Office is responsible for supervision of offenders released with EM.
The time-limits and health risks associated with the measure?Basic minimum intensive supervision (EM) period is 3 months, but regarding an offender’s behavior during the period of intensive supervision, it can be extended to 3 month, but overall term of intensive supervision can’t exceed 1 year, for minors – 9 months. No health risks.
The procedure to challenge the decision and the penalty for breaching conditions?If a Commission on Conditional Release takes a negative decision refusing EM, the decision may be challenged before court within seven working days. If an offender violated the obligations set by court he/she shall be returned back to prison to serve the rest of the sentence.
The electronic surveillance is not limited in time or it is limited to certain intervals?see question 3
What are the financial costs and the human resources needed?no data available
Electronic System of Monitoring of Persons (hereinafter only “electronic monitoring“) is used in the Slovak Republic for monitoring in civil proceeding (expulsion from residence, prohibition to enter in contact with the designated person) and in criminal proceeding when controlling: a) home imprisonment (prohibition to leave the residence) – the consent of the convict and persons of full age living in the common household is required; b) prohibition of residence; c) compliance with the adequate restrictions and obligations resulting from the imposed alternative sanctions – prohibition to enter in contact with the protected person within the specified distance, order not to stay near the residence of the aggrieved person, prohibition to use alcohol) – the consent of the protected person is required; d) replacement of pre-trial detention by surveillance of probation and mediation officer – the consent of the accused is required. Electronic monitoring is beneficial for activities of the state bodies (courts, probation and mediation officers, the Corps of Prison and Court Guard (hereinafter only “ the Corps”), prosecution, Police Force of the Slovak Republic), aggrieved persons (victims of crimes) and ultimately, also monitored persons.
What is the legal nature of electronic surveillance, the judicial procedure and the body responsible to enforce and supervise it?The court rules the decision on the imposition, continuation, suspension and cancelation of the electronic monitoring. The probation and mediation officer provides documents for the decision of the court (e.g. existence of the consent of the concerned persons, fulfilled technical conditions, etc.) and activities relating the actual operation of the electronic monitoring.
The time-limits and health risks associated with the measure?No health risks related to the use of the electronic monitoring have been found out during the pilot operation or during the regular operation.
The procedure to challenge the decision and the penalty for breaching conditions?There is no specific system of challenging the decision on the imposition, continuation, suspension or cancelation of the electronic monitoring. As the electronic monitoring is a part of the imposed sanction / replacement of pre-trial detention (see question 1), the remedy is related to the imposed sanction. The court decides about the penalty for breaching the conditions of the electronic monitoring. The court can decide on the continuation, suspension, change or cancellation of the imposed sanction / replacement of pre-trial detention (see question 1).
The electronic surveillance is not limited in time or it is limited to certain intervals?In case of the home imprisonment, this sanction can be imposed for two years. Other ways of the electronic monitoring use are directly associated with conditions of other measures mentioned in reply no.1 and thus with maximum limits that these measures can have.
What are the financial costs and the human resources needed?The official costs associated with the introduction of the electronic monitoring (purchase of monitoring equipment, purchase of the related information system, etc.) were covered by means from the European Funds - 22.04 million EUR excluding VAT. Currently we do not dispose of any official data on other operational costs (the Corps is not the operator of the system - the operator is the Ministry of Justice of the Slovak Republic).
In Latvia electronic monitoring (hereinafter – EM) is implemented with the goal to reduce the number of inmates in imprisonment places as well as to provide gradual change from life in imprisonment place to life in freedom. EM is a possibility for the persons sentenced with deprivation of freedom to be released earlier – conditional release before the end of the sentence without EM. The evaluation process to apply EM is started after receiving an application from inmate; also, inmate's agreement is one of the prerequisites to apply EM when being conditionally released before the end of sentence. Discussions are organized with inmates where all rules/conditions of EM is explained in detail, before receiving their agreement to EM.
What is the legal nature of electronic surveillance, the judicial procedure and the body responsible to enforce and supervise it?In Latvia the EM is a court ordered intensive control measure for persons on conditional release – control with technical means. In normative acts it is set that inmate may apply for conditional release prior to completion of punishment, including with EM, if they meet the conditions set in the law, i.e. is in the highest regime level, has no disciplinary punishments or it has been one year since the punishment – being placed in sentence or disciplinary isolation, or it has been six months since the implementation of different punishment as set in the law, as well as having served the specified part of sentence as set in the law: According with Section 61 Part 3.1 of the Criminal Law, Conditional release prior to completion of punishment with determination of electronic monitoring may be proposed, if the convicted person has actually served: 1) not less than one third of the punishment imposed for a less serious crime; 2) not less than half of the punishment imposed, if it has been imposed for a serious crime, as well as if the convicted person is a person who has previously been convicted with deprivation of liberty for an intentional crime and the criminal record for this crime has not been set aside or extinguished; 3) not less than two-thirds of the punishment imposed, if it has been adjudged for an especially serious crime, as well as if the convicted person is a person who has previously been conditionally released prior to completion of punishment and has newly committed an intentional crime during the period of the unserved punishment; 4) not less than twenty-four years of a punishment of deprivation of liberty, if the convicted person is a person for whom life imprisonment has been imposed. According with Section 61 Part 2.1 of the Criminal Law, Upon conditional release prior to completion of punishment a convicted person may be applied electronic monitoring in conformity with the following conditions: 1) the convicted person agrees to electronic monitoring; 2) implementation of electronic monitoring is possible at the place of residence of the convicted person; 3) application of electronic monitoring will promote inclusion of the convicted person in the society. Inmate can submit an application to the Head of the imprisonment place to request that he be conditionally released prior to completion of punishment, including with EM. After receiving the application of the inmate, the Head of the imprisonment place within three working days checks if the inmate meets the previously mentioned requirements. If it is found that inmate does not meet even one of the previously mentioned requirements, the application is returned back to the inmate, noting the reason for not advancing the application and the time when the inmate will have the right to conditional release prior to completion of punishment without EM. The response from the head of the imprisonment place cannot be challenged or appealed. If the inmate meets the previously mentioned requirements, the head of the imprisonment place within five working days after the checks if the inmate meets the previously mentioned requirements, sends the State Probation Service a request for evaluation report, noting that the inmate requests to be conditionally released prior to completion of punishment with EM. The head of the imprisonment place also assigns an officer of the imprisonment place to prepare a report regarding the progress of the sentence execution. In this report there are included information about the behaviour of the inmate, participation and results in resocialisation activities, inmate's attitude towards participating in resocialisation activities during the whole sentence execution. After receiving the previously mentioned application, State Probation Service prepares evaluation report in which comprehensive, objective information is given. The issue regarding the conditional release prior to completion of punishment and the possible duties set by the State Probation Service will be decided on the basis of this information taking into consideration the client's (inmate) thought process, behaviour, attitude and social conditions leading to committing crime; characterising the conditions in which the State Probation Service client (inmate) plans to live after being conditionally released prior to completion of punishment according with the conditions necessary for implementing EM. Within 15 working days after receiving the application from the imprisonment place, the State Probation Service prepares the evaluation report and sends it to the imprisonment place. The Head of the imprisonment place within 5 working days after receiving the previously mentioned evaluation report, sends it, the application of the inmate, report on the progress of the sentence execution and the application of the imprisonment place regarding conditional release prior to completion of punishment to the city (municipal) court in which operational territory the imprisonment place is located. The court can release the inmate conditionally prior to completion of punishment by applying EM from one to 12 months. EM is implemented by the State Probation Service.
The time-limits and health risks associated with the measure?When implementing EM for a time period up to one year, we take into account the practice, experience and lessons learned by specialists from other countries regarding the time period when EM has the most effective, at the same time not unreasonably increasing the probability of violating conditions. There are no information or experience regarding what effect the duration of EM has on the health of inmate. To avoid the possible health risks, State Probation Service uses only the EM devices that are marked CE – the manufacturer indicates that the radio equipment complies with the applicable requirements (https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:32014L0053), i.e. the health of people and pets is protected. State Probation Service teaches the implementers of EM how to properly set up EM devices, for example, so that the EM anklet is attached to inmate's ankle in a way that does not contribute to bruising when moving or impact healthy blood circulation.
The procedure to challenge the decision and the penalty for breaching conditions?If the inmate does not comply with the obligations connected with the EM, the reaction set in the normative acts is more severe than in the other cases regarding not complying with obligations. The inmate must write an explanation to the State Probation Service for every case of not complying with the set obligations. If there are no justifiable reasons for not keeping to the obligations, State Probation Service issues a warning. If the inmate continues to violate the set obligations without justification, State Probation Service submits an application to the Court with the request to make a decision regarding the execution of the remaining sentence. The Court makes a decision regarding the execution of the remaining sentence in accordance with the State Probation Service application. The Court decision can be challenged only regarding procedural violations, it does not stop the execution of the Court decision. In the normative acts there is the option for State Probation Service to submit an application to Court regarding cancelling EM, if the person on conditional release to whom the EM has been applied has exemplary carried out the duties set in the law and by the State Probation Service, and the set time is reached when it is possible to grant conditional release without EM. If the Court decides to cancel EM, the convicted person is monitored according with the monitoring regulations set in the normative acts regulating criminal sentence execution in the cases of conditional release before the end of the sentence.
The electronic surveillance is not limited in time or it is limited to certain intervals?Court can apply EM for a time period from one to 12 months. During court ordered EM period, EM is applied without interruptions. Inmates can carry out activities outside their place of residence only in accordance with the EM schedule that has been approved by the State Probation Service.
What are the financial costs and the human resources needed?Larger amount of financial and human resources were needed when first implementing EM. EM was implemented within the framework of the Norwegian Financial Instrument programme LV08 "Reform of the Latvian Correctional Services and State Police Short – term Detention Centres", as one of the activities State Probation Service implemented project No.LV08/1 "Promoting alternatives to imprisonment (including possible EM pilot project)” (hereinafter – Project). Within the framework of the Project on 6th July 2015 the contract "System development for monitoring probation clients in society with the help of technical means" (hereinafter – Contract) for the total sum of 950 159 EUR without the value added tax 21%. Duration of the contract is 60 (sixty) calendar months. The daily costs of EM per one person on conditional release is 9.69 EUR, that includes the costs according with the Contract as well as the remuneration for the staff at the EM centre, as well as the costs for maintaining the EM centre. By implementing EM both the Project human resources were used as well as the administrative human resources of the State Probation Service were involved. After the end of the Project, from 1st April 2016, EM was implemented by the personnel of the EM centre (7 people) as well as the State Probation Service personnel who carry out supervision functions. EM centre is working without interruptions, processing occurrences in the EM programming, providing logistics and technical support; however, for the State Probation Service personnel who carry out supervision functions EM implementation is integrated as a part of their supervision functions.
In Denmark, prison sentences of six months or less can, in some cases, be served at home under electronic monitoring (“Front door”). It is required that the convicted person make an application in order to be permitted to serve a prison sentence under electronic monitoring. The Prison and Probation Service must find that the convicted person will be able to comply with the terms and conditions of serving the sentence in this way. The consents of other adults living at the same address are also necessary. Also, it is possible for the Prison and Probation Service to allow a prisoner to serve the last part (up to six months) of a longer prison sentence at home with electronic tagging. The Prison and Probation Service must find that the prisoner will be able to comply with the terms of electronic monitoring, and must find it necessary in order to rehabilitate the prisoner into society. (“Back door”) Electronic monitoring in departure centers Since 2017, new legislation has also provided the possibility of placing certain foreigners under electronic monitoring in departure centers, if they are remanded by the court under suspicion of not complying with the Aliens Act. If they are convicted of breaking the Aliens Act, part of the prison sentence must be served at a departure center under electronic monitoring. Consent from the foreigners are necessary, however, if they are to be placed under electronic monitoring. The serving of prison sentences as well as the remand custody of foreigners in departure centers are monitored with RF technology. As of April 2018 the Danish Prison and Probation Service has started a one year pilot trial with GPS tracking of gang members on leave from prison.
What is the legal nature of electronic surveillance, the judicial procedure and the body responsible to enforce and supervise it?The decision to allow a convicted person to serve a prison sentence at home with electronic tagging instead of serving it in a prison, is made by the Prison and Probation Service after an application from the convicted person. Thus, serving the sentence at home is an alternative to serve in a prison. When the Prison and Probation Service receive an application to serve a sentence at home under electronic monitoring, the Service must assess if the convicted person will be able to comply with the terms and conditions. Among other things the prisoners serving under electronic monitoring can not drink alcohol, and they must be able to stay within the house during curfew and go to work or school according to a fixed timetable. For persons with sentences of more than one month it is also a requirement to have a job or go to school. Eight probation offices located around the country are responsible for monitoring the serving of sentences with electronic tagging. Probation officers must visit at home 1-3 times a week. Electronic monitoring in departure centers The courts can decide that certain foreigners must be remanded in custody under electronic monitoring in departure centers, if they are suspected of not complying with the Aliens Act. If the foreigner does not accept, he will be placed in an ordinary remand prison until the trial. The courts’ decision of remand can be appealed to a higher court. Foreigners who are convicted of breach of certain parts of the Aliens Act must serve half the prison sentence in jail and half of it in the departure center under electronic monitoring. It is the local probation office, which administers the electronic monitoring and conducts visits at the departure center.
The time-limits and health risks associated with the measure?When serving the entirety of a prison sentence at home under electronic monitoring (Front door), it is only possible to serve prison sentences of six months or less. Two or more prison sentences of shorter periods cannot be served together at home with electronic tagging, if the duration of the sentences totals to more than six months. The unsuspended part of a partially suspended prison sentence can be served at home under electronic monitoring, if it does not exceed six months. The Danish Prison and Probation Service know of no health risks associated with serving sentences under electronic monitoring. When serving the last part of a longer prison sentence under electronic monitoring ("Back door"), transfer to serve the remainder of the sentence at home with tagging can only be allowed, when six months or less remain to the expected date of release. Electronic monitoring in departure centers The maximum prison sentence for breaking the said parts of the Aliens Act is 18 months of prison. Thus, it would be possible for a foreigner to serve half of such a sentence at the departure center under electronic monitoring. Please note though, that after serving two thirds of a prison sentence, the convict may be eligible for release on parole. If released on parole after serving 12 months, only three months of an 18 months sentence will be served under electronic monitoring in a departure center.
The procedure to challenge the decision and the penalty for breaching conditions?Since serving prison sentences at home under electronic monitoring is dependent on the consent of the convicted person, there is no need for a procedure to challenge the decision. The consent can be revoked at any time. If the convicted person breach the conditions for serving at home under electronic monitoring, the probation office may revoke the permit to serve the sentence at home. If so, the remainder of the prison sentence must be served in prison. In most cases, the revocation can be appealed to the Prison and Probation Service. Electronic monitoring in departure centers: The same as mentioned above.
The electronic surveillance is not limited in time or it is limited to certain intervals?see the response to question 3.
What are the financial costs and the human resources needed?No current information is publicly available at this time.
In Norway you may apply to serve the entire sentence at home with electronic monitoring if you have been sentenced to imprisonment for a term of four months or less. You may also apply if you are in the process of serving a sentence. You may then apply to serve at home the final four months until release. Persons serving a sentence in default of paying a fine and persons under preventive detention cannot execute the sentence with electronic monitoring. It is not only necessary with consent, the convicted person must apply for serving the sentence with electronic monitoring.
What is the legal nature of electronic surveillance, the judicial procedure and the body responsible to enforce and supervise it?In Norway you are not sentenced to electronic monitoring, but it is one possible way to serve a prison sentence. When a sentenced person is applying for electronic monitoring the Correctional Service decides whether the conditions are fulfilled or not (both for serving the entire sentence and when it is the last part – “backdoor”). The convicted person must agree upon: - staying at home and only leaving the residence by agreement with the Probation Service - attending work, school, studies or have some other form of suitable occupation or activities - the telephone and housing conditions much be such it is possible for the Probation Service to monitor that you are home - you must accept that the Probation Service will make unannounced control visits - you must meet regularly with the Correctional Service during the execution of the sentence - it is not allowed with any use of alcohol or other intoxicants which are not prescribed. The Probation Service is responsible for the enforcement and the supervision. The convicted person is closed followed-up from the Probation Service in addition to the electronic monitoring.
The time-limits and health risks associated with the measure?There are no health risks associated with the measure.
The procedure to challenge the decision and the penalty for breaching conditions?The Probation Service decides whether the sentence can be served with electronic monitoring or not. The probation Service also decides whether the conditions are breached. Both decisions from the Probation Service can be appealed into the region level of the Correctional Service. The penalty for breaching conditions is serving rest of the sentence in prison. If the breach is a criminal act, a sentence to additional punishment may be given. In addition to the system with appeals to the region level, we have the Ombudsman. The Ombudsman investigates complaints from citizens who believe they have suffered an injustice or an error on the part of the public administration.
The electronic surveillance is not limited in time or it is limited to certain intervals?The decision from the Probation Service describes the lengths, which is limited to four month at the most.
What are the financial costs and the human resources needed?The costs for having one person on electronic monitoring is about half of the costs having the same person in a low-security prison. Serving a sentence with electronic monitoring consists in Norway of both electronic surveillance and close follow-up from the Probation Service. A significant part of the costs is related to the following-up.
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In Sweden electronic monitoring is used as an alternative to prison sentences up to six months. The sentenced person needs to apply, and thereby consent, to undergo the measure. Electronic monitoring is also used as a measure to be earlier released from a longer prison sentence. The client needs to apply, and thereby consent, to undergo the measure. In both cases an individual investigation including risk and need assessment are done before decision is made.
What is the legal nature of electronic surveillance, the judicial procedure and the body responsible to enforce and supervise it?The use of EM is regulated by law. The court sentence a person to prison. The use of EM as an alternative to imprisonment ( up to six months) and as a earlier release measure (longer prison sentences) are handled by the Swedish Prison and Probation Service.
The time-limits and health risks associated with the measure?In Sweden electronic monitoring is used as an alternative to prison sentences up to six months. As a pre release measure the time of serving with EM varies from 1 month up to the most 12 months, depending on the time spent in prison. The average time in the pre release measure are between 2-4 months on EM. During the investigation whether a person is suitable to undergo EM the health risks are considered. The person needs to have some occupation, work, practice or study during the period of EM. That is to fulfill the purpose of reintegrate the person back to society and to avoid letting the person be isolated at home.
The procedure to challenge the decision and the penalty for breaching conditions?The decision of EM, or not letting a person undergo EM, can be challenged by the sentenced person at an administrative court. If severe breaches ( related to schedule or use of alcohol/drugs) occur during EM. The measure is ended and the remainder of the sentence will be done in prison.
The electronic surveillance is not limited in time or it is limited to certain intervals?In Sweden electronic monitoring is used as an alternative to prison sentences up to six months. As a pre release measure the time of serving with EM varies from 1 month up to the most 12 months, depending on the time spent in prison. The average time in the pre release measure are between 2-4 months on EM.
What are the financial costs and the human resources needed?Approximately 7 million dollar for purchase (hardware, equipment, support)installation and support over 8 years. ( including installation for EM as an enhanced security measure in four open prisons ) Project management approx. 4-6 persons (depending on phase) Management. 4 persons (HQ) 34 probation offices with on average 2-4 probation officers working with EM at each office. Monitoring center (24/7) with 10 persons employed 1-2 active on EM.
According to Finnish legislation, we can use electronic monitoring on people sentenced to a community sanction called Monitoring sentence. The maximum length is six months. This is a so called front door sentence. An other client group is the people released on Supervised Probationary Freedom for maximum of six months in the end of the sentence time in prison. This is a so called back door measure. Third client group is the inmates in four open prisons, who are electronically monitored 24/7 and can due to EM take part in outside prison activities during prison time. Fourth client group is the inmates on work-, study- or outside rehabilitation facility permit during prison sentence time. These clients can on the decision of Prison Director be electronically monitored during the time they are working, studying or in rehabilitation. From all clients in these four client groups a written consent is required and asked for.
What is the legal nature of electronic surveillance, the judicial procedure and the body responsible to enforce and supervise it?The community sanction called Monitoring sentence is based on a law. The Probation Service makes an assessment and a presentence report to the prosecutor and the court. The Monitoring sentence is given as a court decision. The Probation Service is responsible of the enforcement and the supervision of the Monitoring sentence. The Probation service is also responsible of the client work with people sentenced to the Monitoring sentence. The maximum time of a Monitoring sentence is six months. All working procedures and client responsibilities are regulated in the legislation. A assessment and a proposition about Supervised Probationary Freedom is made by a prison officer to the prison Director. The Director of the prison makes the decision about the release on Supervised Probationary Freedom. The maximum time is six months. Finland has a separate law on Supervised Probationary Freedom and it is a so called back door measure. The enforcement and the supervision is on prison staff responsibility. Third client group is the inmates in four open prisons, whom are electronically monitored 24/7. The decision to use EM in these four open prisons is a General Director desicion and is seen to be helpful when regarding the inmatés´large amount of every day outside prison activities and due to the central city locations of the prisons. The electronic monitoring on inmates on work-, study- or outside rehabilitation facility permit during prison sentence time is based on legislative regulation. It is a decision of Prison Director and the prison personnel is responsible of the supervision.
The time-limits and health risks associated with the measure?The time limits for the Monitoring sentence and the Supervised Probationary Freedom are regulated by law as well as the permit for work, studies and rehabilitation facility time during prison sentence time. Also the time for an open prison sentence time is based on court and placement decision. The time limits are in advance known and when consent using EM is asked from the client. Health risks can occur when the person who is electronically monitored has a health condition that can cause heavy swollenness in the ankles and the transmitter can cause blood stop in the legs. In these cases the transmittor bracelets are placed on the person´s arm.
The procedure to challenge the decision and the penalty for breaching conditions?The procedures are regulated by law. There is always a hearing and discussion about the breach with the sentenced person before making a decision about the sanction (penalty) of a breach. In some cases there is a legislative regulation about the possibility for the sentence person to appeal about the breach sanction to higher authorities or a court.
The electronic surveillance is not limited in time or it is limited to certain intervals?There are in all cases by legislation regulated time limits for using electronic monitoring.
What are the financial costs and the human resources needed?The financial cost varies depending on the time of using the electronic monitoring and on what kind of technology based equipment is used. Also the distance between the personnel and the sentenced living or activity place can impact on the costs.
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1. Electronic monitoring (EM) is used to monitor curfew orders imposed as part of a Community Sentence (community order or suspended sentence order), court bail order, or as a condition of a prison licence following release from custody. 2. Although Global Positioning System (GPS) tags are not widely used at present, for community sentences, court bail and prison licence, legislation allows location monitoring to be imposed to monitor compliance with another requirement of the order or licence, such as an exclusion zone. For prison licence, location monitoring can also be used for reasons other than monitoring compliance with another requirement i.e. tracking. 3. A subject’s consent is not required for an EM requirement imposed as part of a Court/Tribunal/Home Office order or prison licence. If a subject refuses to be tagged they are in breach of their order/licence. 4. Some Police Forces run voluntary schemes in which location monitoring tags are used with the consent of the subject to support pre-court disposals, and as part of Integrated Offender Management schemes aimed at rehabilitating priority offenders.
What is the legal nature of electronic surveillance, the judicial procedure and the body responsible to enforce and supervise it?- It is open to the subject to challenge the imposition of EM. An appeal against a conviction/sentence must be lodged within 21 days of a magistrates’ court judgement, and 28 days of a Crown Court judgement. To overturn the imposition of EM on licence a judicial review may be brought within three months of the decision. Where EM has been imposed to allow the subject to be in the community rather than in prison custody (i.e. court bail, Home Detention Curfew (HDC), and some community sentences) it is unlikely to be challenged. - The bodies responsible for enforcing and supervising EM vary according to the type of order. - Court Bail Electronic Monitoring Service (EMS), a private sector subsidiary of Capita, report violations of EM requirements of Court Bail orders to the Police, who arrest the subject and return them to court. The court will then consider the case and take the appropriate action. - Community Sentences which only impose an EM requirement EMS will supervise the order and act on any breach. Following a breach EMS may issue a warning letter. However, if the matter is serious or the subject has had previous warning letters, EMS will report the matter to the National Probation Service (NPS) for adult offenders, or the local Youth Offender Team for under 18s, to consider laying the matter before the court. - Community Sentences which impose more than just an EM requirement EMS will report all breaches to the relevant supervising agency to take the appropriate action. This will be one of the following: o NPS, which deals with adult offenders who pose a high or very high risk of serious harm to the public or high risk of recidivism; o Community Rehabilitation Companies (CRCs) are contracted probation providers that deal with adult offenders who pose a medium/low risk of recidivism. o Youth Offender Teams who deal with subjects under the age of 18 years. - These agencies may issue a warning letter or take the matter to court. NPS would carry out all court facing activity on adult orders. - Prison Licence EMS monitor HDC curfew conditions and are permitted by reference to terms of the licence to perform the function of a case manager in both authorising absence from curfew addresses and in issuing warning letters for minor curfew breaches. All other non-compliance must be reported to the Public Protection Casework Section (PPCS) at the Ministry of Justice to consider whether a recall to prison custody is necessary. - With other prison licences, EMS will report any violation to probation providers to consider what action to take. This may lead to a recommendation to PPCS to revoke the licence and recall them to custody. - Immigration Bail EMS report all violations to Immigration Enforcement colleagues in the Home Office to consider any necessary action. - Police Voluntary Schemes The Police’s contracted provider will share the location data with the Police so that they may use that data to determine whether the subject is abiding by the law.
The time-limits and health risks associated with the measure?- The duration of EM varies according to the type of order: - Court Bail The EM requirement continues until the date of the relevant court hearing. - Community Sentences A curfew requirement may be imposed for 2 – 16 hours in any 24 hours for a maximum of 12 months; and an exclusion requirement from a specified place/places can be imposed for a maximum of 24 months, either continuously or during specified periods. - Prison Licence Prisoners serving sentences of at least 12 weeks but less than 4 years may, subject to a risk assessment, be released early on HDC up to 4 ½ months before the automatic release date at the halfway point of their sentence. The curfew conditions expire at the halfway point but general conditions remain in force until the end of the sentence. The minimum curfew length is 9 hours per day and the standard recommended curfew length is 12 hours - generally from 7pm to 7am but flexibility is encouraged, for example to allow for different work patterns. Curfews in excess of 12 hours are discouraged as the intention is that the offender should be transitioning back to normal community life while on HDC. - Immigration Bail EM can be imposed on immigration bail administratively by the Home Office on behalf of the Secretary of State or by a Tribunal. It can remain in place until the subject’s case is decided or their circumstances change. - There are no known health risks associated with EM.
The procedure to challenge the decision and the penalty for breaching conditions? The electronic surveillance is not limited in time or it is limited to certain intervals?- The duration of EM varies according to the type of order: - Court Bail The EM requirement continues until the date of the relevant court hearing. - Community Sentences A curfew requirement may be imposed for 2 – 16 hours in any 24 hours for a maximum of 12 months; and an exclusion requirement from a specified place/places can be imposed for a maximum of 24 months, either continuously or during specified periods. - Prison Licence Prisoners serving sentences of at least 12 weeks but less than 4 years may, subject to a risk assessment, be released early on HDC up to 4 ½ months before the automatic release date at the halfway point of their sentence. The curfew conditions expire at the halfway point but general conditions remain in force until the end of the sentence. The minimum curfew length is 9 hours per day and the standard recommended curfew length is 12 hours - generally from 7pm to 7am but flexibility is encouraged, for example to allow for different work patterns. Curfews in excess of 12 hours are discouraged as the intention is that the offender should be transitioning back to normal community life while on HDC. - Immigration Bail EM can be imposed on immigration bail administratively by the Home Office on behalf of the Secretary of State or by a Tribunal. It can remain in place until the subject’s case is decided or their circumstances change.
What are the financial costs and the human resources needed?The direct cost of EM services is approximately £12 to £13 per subject per day.