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Offender Supervision with Electronic Technology: a User's Guide

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Offender Supervision with Electronic Technology: a User's Guide The author(s) shown below used Federal funds provided by the U.S. Department of Justice and prepared the following final report: Document Title: Offender Supervision With Electronic Technology: A User's Guide Author(s): Ann H. Crowe ; Linda Sydney ; Pat Bancroft ; Beverly Lawrence Document No.: 197102 Date Received: 10/29/2002 Award Number: 1999-LT-VX-K001 This report has not been published by the U.S. Department of Justice. To provide better customer service, NCJRS has made this Federally- funded grant final report available electronically in addition to traditional paper copies. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. OFFENDER SUPERVISION WITH ELECTRONIC TECHNOLOGY ISBN # 0-87292-897-7 2002 American Probation and Parole Association c/o Council of State Governments P. O. Box 11910 2760 Research Park Drive Lexington, Kentucky 40578-1910 Supported under Award number 1999-LT-VX-K001 from the Office of Justice Programs, National Institute of Justice, Department of Justice. Findings and conclusions of the research reported here are those of the authors and do not reflect the official position or policies of the U.S. Department of Justice. ii AUTHORS Ann H. Crowe with Linda Sydney Pat Bancroft Beverly Lawrence PROJECT STAFF Carl Wicklund Project Administrator Ann H. Crowe Research Associate Linda Sydney Research Associate Pat Bancroft Administrative Assistant NATIONAL INSTITUTE OF JUSTICE PROJECT MANAGER Martin Novak TYPESETTING Connie P. LaVake COVER DESIGN John Higgins iii ACKNOWLEDGMENTS The American Probation and Parole Association and its project staff gratefully acknowledge the assistance of the following members of the project’s Working Group who provided their time and expertise to contribute to and review this document. The Working Group Members and their employment affiliations at the time of their service are listed below. Doug Blakeway John Gallagher Marc Renzema President & CEO Voice Track Criminal Justice Program Strategic Technologies, Inc. Milton, MA Kutztown University Blaine, WA Kutztown, PA Eric Hanselman Linda Connelly Tracking Systems Corporation John Resch Leaders in Community Harrisburg, PA Consultant Alternatives, Inc. Advanced Business Sciences, Inc. San Francisco, CA Gary Hinzman Poughkeepsie, NY District Director Peggy Conway Department of Correctional Annesley Schmidt Consultant Services Consultant Boynton Beach, FL Cedar Rapids, IA Bethesda, MD Sally Cullerton Richard Irrer James Sinclair BI Incorporated Field Operations Assistant Director Boulder, CO Administration Tarrant County CSCD Michigan Department of Fort Worth, TX Dennis Doffing Corrections CEO Lansing, MI Gordon Smith Metro-Trak Sandia National Laboratories White Bear Lake, MN Wendy Johnston Albuquerque, NM PMI, Incorporated Carlo Ugval Victor Dominguez Arlington, TX House Arrest Services Director of Business East Point, MI Development Andrew Molloy Sentencing Concepts, Inc. Department of Criminal Raymond Villa Anaheim, CA Justice Services Cook County Sheriff’s Richmond, VA Department George Drake Chicago, IL Region Manager Valerie Pierson New Mexico Probation President Jim Walker and Parole Alert Systems Corporation Security Link Albuquerque, NM Scottsdale, AZ Oakbrook, IL Project staff also wish to acknowledge and express appreciation for the ongoing support and guidance for the development of this document provided by Martin Novak, Program Manager, National Institute of Justice. iv TABLE OF CONTENTS FOREWORD Project Overview ...................................................................................................................................... x Objectives of This Document ................................................................................................................. x SECTION 1 — DEVELOPING OR ENHANCING THE USE OF ELECTRONIC SECTION 1 — SUPERVISION TOOLS CHAPTER 1 — AN OVERVIEW OF SUPERVISION WITH ELECTRONIC TECHNOLOGY ...................1 The Foundation of This Document ....................................................................................................... 1 Terminology .............................................................................................................................. 1 Principles Guiding This Document ......................................................................................... 1 The Evolution of Electronic Supervision .............................................................................................. 2 Applications of Electronic Supervision ................................................................................................. 3 Pretrial Supervision ................................................................................................................... 5 Jail Release Programs ................................................................................................................ 5 Probation and Parole Supervision ........................................................................................... 5 Treatment Enhancement.......................................................................................................... 6 Conclusion ............................................................................................................................................... 7 CHAPTER 2 — AGENCY CONSIDERATIONS FOR IMPLEMENTING ELECTRONIC TECHNOLOGY TO SUPERVISE OFFENDERS ..........................................................................................................................8 Leadership for Change ........................................................................................................................... 8 Forming Important Partnerships for Change .......................................................................................9 The Value of Involving Stakeholders ....................................................................................... 9 Composition of a Stakeholder Group...................................................................................... 9 Stakeholder Tasks .................................................................................................................... 10 Strategies for Successful Stakeholder Involvement .............................................................. 10 Conduct a Needs and Resources Assessment...................................................................................... 11 The Assessment Process ..........................................................................................................11 Deciding Where Electronic Supervision Technologies Will Be Used ................................. 12 Determine the Purpose and Goals for Electronic Supervision ......................................................... 12 Consistency with Agency Values, Vision, and Mission .......................................................... 12 Purpose for Electronic Supervision ....................................................................................... 13 Program Goals ......................................................................................................................... 14 Develop Policies and Procedures ......................................................................................................... 15 Conclusion ............................................................................................................................................. 16 CHAPTER 3 — LEGAL ISSUES................................................................................................................ 17 Legislation.............................................................................................................................................. 17 Authorization for Electronic Supervision.............................................................................. 17 Contracting for Services/Devices ........................................................................................... 18 Certification of Electronic Supervision Equipment/Services .............................................. 19 Requirements of Offenders .................................................................................................... 19 Legal Status of Persons Being Supervised Electronically ................................................................... 20 Constitutional Issues ............................................................................................................................. 21 Unreasonable Searches ............................................................................................................21 Double Jeopardy ...................................................................................................................... 22 Right Against Self-Incrimination ............................................................................................ 22 Due Process .............................................................................................................................. 22 Cruel and Unusual Punishment ............................................................................................. 23 Equal Protection ...................................................................................................................... 23 v Other Legal Issues ................................................................................................................................
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