Electronic monitoring: uses, challenges and successes

The international use of EM

Internationally, electronic monitoring  is used at a number of different points along the adult criminal justice pathway. These points include:  

• an alternative to pre-trial custodial remand, for the purposes of surveillance, compliance and risk management;^[18]

• an alternative to short prison sentences;

• part of an early release from prison; and

• other ad hoc purposes, such as prisoners’ attendance at hospital. 

EM, as an alternative to custodial remand (pre-sentencing), is used in the US, Australia,^[19] Argentina, a number of EU countries (including Belgium, Ireland, the Netherlands, England and Wales), and was previously piloted in Scotland.^[20] In Spain, Portugal and the USA, electronically monitored restraining orders are used pre-trial in cases of domestic violence. In Ireland, pre-trial EM was used as condition of bail in burglary offences.^[21]  In the Netherlands, EM is used for young offenders in place of remand.^[22]  A pilot project in 2005 evaluated EM as a condition of pre-trial bail in Scotland,^[23]  and found EM  was used in less than 5% of eligible cases.^[24]  

EM as an alternative to a custodial sentence (primary sentencing) is used in some European jurisdictions in place of short prison sentences. In the Netherlands, EM is used in place of prison sentences of 6 months or less.^[25]  In Germany, Home Detention is used as an alternative to imprisonment for the failure to pay a fine (as well as for early release from prison).^[26]  In South Australia, HDC is used in some instances where an individual has their custodial sentence fully suspended and they complete the entire term on home detention.^[27]

EM is used as a form of probation (post imprisonment) following a completed prison sentence. It is used across Europe in a number of jurisdictions, including England and Wales, Belgium, Germany, the Netherlands, Denmark, and Norway. In Germany, probationary EM is used only exceptionally, in very low numbers and for serious violent offenders at high risk of reoffending.^[28]  

EM as part of provisions for early release/probation (post imprisonment) is used in a number of jurisdictions including Sweden, Belgium, Australia, New Zealand and the US. In New Zealand, people serving prison sentences of over 2 years for crimes that do not involve serious violence can apply for HDC up to three months earlier than their earliest parole date as a form of parole.^[29]  In Sweden, EM for early release is used for prison sentences of 6 months or longer and is generally reserved for people convicted of crime who are deemed low risk.^[30] In Belgium, for prison sentences of 3 years or more and based on other specific eligibility criteria, EM is used for prisoners who are 6 months from their conditional release date.^[31]  In South Australia, prisoners (except those convicted of serious crimes of violence, sexual crime or terrorism) who have completed at least half of their custodial sentence are eligible for release on HDC.^[32]

EM is also used for other ad hoc purposes. In Ireland, for example, EM was initially introduced in 2010 for prisoners to attend hospital.^[33]  EM is also used in Spain for this purpose and for mothers with newborn babies.^[34]  EM was introduced in Argentina for old or terminally ill prisoners to be released and spend their remaining time with family.^[35]  In the Netherlands, EM is used as a condition of a conditional detention under a hospital order; and with the conditional ending of this order.^[36]  Changes to the legislation in Canada in 2013 mean EM can be used to monitor high-risk prisoners on day pass or work release.^[37]  In some US and Canadian state schools electronic tags are used to monitor children with high truancy records.^[38]