Electronic Monitoring of Offenders
- Corrections and Conditional Release Act (CCRA), subsections 57.1(1) and (2) and paragraph 96(m.1)
- Corrections and Conditional Release Regulations(CCRR), sections 162.1 and 162.2
- To provide direction for the management of the electronic monitoring of offenders
- Applies to staff involved with the electronic monitoring of offenders
- The Assistant Commissioner, Correctional Operations and Programs, or delegate will:
- ensure electronic monitoring (EM) services, where available, are operational 24 hours a day, 7 days a week
- ensure the Electronic Monitoring Guidelines (GL) are up-to-date
- review all EM referrals and ensure the referring Parole Officers are notified within two working days whether or not National Headquarters' consent to proceed has been granted
- oversee the acquisition, maintenance, distribution and inventory of EM equipment
- manage the daily operation of EM, including timely data entry and quality control.
- The District Director will designate staff to be Electronic Monitoring Specialists.
- The District Director/Institutional Head will:
- designate Monitoring Device Coordinators
- ensure an effective process is in place to identify eligible offenders for EM referral.
- The Monitoring Device Coordinator will:
- respond to offender representations in relation to the duration of the requirement to wear a monitoring device. The same staff member cannot issue a demand and respond to representations in relation to the duration of that demand
- coordinate EM operations (including identifying training needs) at the location where the offender is being monitored or where the device is applied or removed
- ensure that the Radio Frequency (RF) unit is installed in the offender's residence, normally within five days of the device application.
- The Parole Officer Supervisor/Community Correctional Centre Manager/Manager, Assessment and Interventions, will:
- issue demands for offenders to wear a monitoring device as required
- ensure the maximum duration, per demand issued, that an offender is required to wear a monitoring device, whether continuously or intermittently, does not exceed a six month period.
- The Electronic Monitoring Specialist will:
- apply and remove monitoring devices for the parole office or institution
- provide guidance to staff on EM, including on the referral process.
- The Parole Officer will:
- refer offender cases being considered for EM
- ensure issues that may affect staff safety, pursuant to CD 715-1 - Community Supervision, are identified and addressed prior to the application, removal or retrieval of the EM components
- ensure that, prior to the application of the monitoring device, the offender understands the rules, expectations and consequences related to his/her participation in EM, and signs the Notification for the Requirement of Electronic Monitoring (CSC/SCC 2060-19).
- The National Monitoring Centre will:
- respond to electronic monitoring alerts
- provide operational support and assistance to field staff and offenders in relation to EM.
Offender Participation Criteria
- EM may be used on offenders who have a geographical special condition which EM could be used to monitor, and:
- have a low or medium reintegration potential rating
- in the case of male sex offenders with a high reintegration potential rating, have a score of 4 or above on the Static-99/Static-99R
- women sex offenders with a high reintegration potential rating.
- Referrals to EM can be made at any point in the management of the offender's sentence or long-term supervision order.
- If the Parole Officer determines, in consultation with his/her supervisor, that EM could be a viable option for monitoring a geographical special condition, he/she will send a completed Referral/Decision form (CSC/SCC 2060-07) to National Headquarters (GEN-NAT EM-SE).
- The maximum duration, per demand issued, that an offender is required to wear a monitoring device will not exceed six months. Any continued use of EM beyond six months will require a new Notification for the Requirement of Electronic Monitoring (CSC/SCC 2060-19).
- Pursuant to subsection 57.1(2) of the CCRA, an offender who is required to wear a monitoring device is to be given reasonable opportunity to make representations in relation to the duration of the requirement.
- Within three working days of receiving the representations, the Monitoring Device Coordinator will provide to the offender a written response containing the reasons for confirming or varying the duration.
Refusing to Wear or Tampering with EM Equipment
- If an offender who is required to participate in EM refuses to do so, or tampers with or breaks the EM equipment, his/her risk will be reassessed in accordance with applicable policies (CD 715-2 - Post-Release Decision Process, CD 580 - Discipline of Inmates, CD 710-3 - Temporary Absences, CD 710-7 - Work Releases or CD 710-6 - Review of Inmate Security Classification).
Applying the Device
- Prior to the application of the monitoring device, the Parole Officer will:
- identify the geographical inclusion and exclusion zones as well as any associated schedules, and communicate this information to National Headquarters (GEN-NAT EM-SE) as well as the date and time the monitoring device will be applied
- present the offender with the Notification for the Requirement of Electronic Monitoring (CSC/SCC 2060-19)
- provide a copy of the completed Notification for the Requirement of Electronic Monitoring (CSC/SCC 2060-19) to GEN-NAT EM-SE.
- The Electronic Monitoring Specialist will follow the procedures in GL 566‑11‑1 - Electronic Monitoring of Offenders for applying the monitoring device.
Monitoring and Removing the Monitoring Device
- The National Monitoring Centre will perform all monitoring activities and advise the Parole Officer of pertinent alerts and responses.
- Following a case conference between the Parole Officer and his/her supervisor, the monitoring device may be removed if deemed appropriate, but no later than the day prior to the warrant expiry date or, if applicable, the expiration of a long-term supervision order.
- The Parole Officer will advise GEN-NAT EM-SE of all planned device removals at least 24 hours in advance.
- The Electronic Monitoring Specialist will follow the removal procedures outlined in GL 566‑11‑1 - Electronic Monitoring of Offenders.
Original Signed by:
CROSS-REFERENCES AND DEFINITIONS
- GL 566-11-1 - Electronic Monitoring of Offenders
- CD 701 - Information Sharing
- CD 712-1 - Pre-Release Decision Making
- CD 715 - Community Supervision Framework
- CD 715-1 - Community Supervision
- CD 715-2 - Post-Release Decision Process
Electronic monitoring : a supervision tool that monitors compliance with a geographical special condition of release by way of a monitoring device.
Electronic monitoring alert : a system-generated notification indicating that a geographical release condition may have been breached or signaling a problem with the device (e.g., device tampering).
Electronic monitoring device : an electronic component worn on the offender's ankle to monitor compliance with a geographical special condition of release.
Electronic Monitoring Specialist : a staff member designated by the District Director to apply and remove all EM devices for their respective areas, as well as provide guidance to staff on EM. No specific level is required; however, the staff member’s current role must require working directly with offenders as part of a case management team. As such, it would normally be a Parole Officer.
Monitoring Device Coordinator : a staff member designated by the District Director/Institutional Head at or above the level of a Parole Officer Supervisor/Community Correctional Centre Manager/Manager, Assessment and Interventions, who is responsible for coordinating CSC's monitoring device operations at the location where the offender is being monitored or the device is applied or removed, and responding to offender representations.
RF unit : a transmitter which transmits a continuous or periodic radio signal with limited information content (for example, its identification or location), on a specified radio frequency.
For more information
- Government-wide Forward Regulatory Plans
- The Cabinet Directive on Regulatory
- The Federal regulatory management
- The Canada–United States Regulatory Cooperation Council
To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians websites.
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