The Current Application and Future of Electronic Monitoring

The Current Application and Future of Electronic Monitoring in the Criminal Justice System in Taiwan Wang, Nan-Jiun Visiting Scholar, EALS, HLS (2006. 09 -2007. 06) Public Prosecutor, Taiwan Taipei District Prosecutors Office

Outline • Introduction • The current application of electronic monitoring in Taiwan • Personal opinions • Conclusion

Introduction • Background • What is electronic monitoring (EM)? • What is electronic monitoring program? • Where do the concepts originate from?

Where do the concepts originate from ? • Spiderman —Jackal and the Punisher, 1974 • Judge Love in New Mexico --sentenced the first offender to electronic monitoring in 1983 • Harvard psychologist Dr. Ralph Schwitzgebel , 1960 s

How many countries use Electronic Monitoring today? • United States, Canada, Singapore, Sweden, the United Kingdom, Australia, New Zealand, the Netherlands, and South Africa.

Why Taiwan wants to use Electronic monitoring? --Overcrowded jails --Community protection and reducing recidivism --Rehabilitation enhancement --Increasing judicial options

Overcrowded jails Prison population- 63, 206 (Jan. 2007) capacity- 53, 311 Overcrowding- 9, 895 new prisoners -37, 607, up 13. 3% since 2005

Community protection& Reducing recidivism • ensure that the defendant stays away from the victims • prevent paroled criminals from becoming recidivists.

Rehabilitation enhancement --maintain employment --attend classes, treatment, community service --remain with their families * an effective way to help offenders back to normal life in the society as early as possible.

Increasing judicial options EM affords judges the opportunity to customize justice in ways that could not be achieved when the only alternative was home confinement without EM.

Introduction --Overview • inevitable trend to use EM in criminal justice systems • cooperation of the judiciary is the key to the success of the EM program

The current application of electronic monitoring in Taiwan • • Legislation Requirements in use of EM Devices Cases Social Response Effectiveness Future Plan

Legislation --Sexual Assault Crime Prevention Act 20(3) (性侵害犯罪防治法第 20條第 3項) “With the permission from the Prosecutor and Military Judge, the guardian could supervise and control the offender, who falls into the above item 4 and 5, with technological equipment. ”

Requirements in use of EM -- sexual offenders who are released on parole or probation -- under preventive control by guardians* -- be ordered to stay at an appointed accommodation or be under a curfew -- with the permission from the Prosecutor and Military Judge. *correction officials

The Devices -- Videophone system(2005. 9 -2006. 11) -- Radio Frequency Identification (RFID) system(2006. 11 -present)

Videophone System • Videophone & central computer • “Passive system”

Radio Frequency Identification (RFID) system RFID system consists of -- a transmitter -- a receiver -- a central computer “Active system”

RFID transmitter • electronic transmitter bracelet (which may resemble a watch) around a wrist or an ankle

RFID receiver • set up at the offender’s home • picks up signals • reports to a central computer

RFID central computer Ministry of Justice in Taiwan • located in the monitoring center • compare signal interruptions • alert correctional officials & local Prosecutors’ Office to unauthorized absences.

Practical Cases name crime EM type year Si-hsian Pan sexual offender (潘思賢) videophone 2005 A-Ming (阿明) sexual offender videophone 2005 Lee (李先生) sexual offender RFID 2006

Social Response Mainstream thoughts -- EM can ensure the safety of victims and community members -- EM can prevent paroled criminals from becoming recidivists * offenders who were assigned to be electronically monitored generally accept the new approach at the beginning and also agree that the equipment helps them control themselves

The Effectiveness -- too new to evaluate -- worth trying? Yes.

Offenders on EM/HC in the United States Year Offenders on EM/HC on survey date 1985 17 1986 95 1987 826 1988 2, 277 1989 6, 490 1989 -1995 Around 6, 500 1996 7, 480 1998 10, 827 2002 9, 706

The Future Plan -- 40 - 50 sexual offenders will be under the EM programs as soon as possible. -- apply the EM programs to the pre-trial defendants, especially in corruption, financial crime cases.

Personal opinions 1. Pretrial release of felony defendants especially involved in significant corruptions or financial crimes should be included in EM program as soon as possible Case in the USA: Former astronaut Lisa Marie Nowak case

Personal opinions 2. Considering GPS for future using -- What is GPS? Global Positioning System --Benefits and drawbacks of GPS -- Suggestion: GPS? RFID?

Personal opinions 3. When properly implemented, EM programs are able to save jurisdictions significant sums of money Florida --saving of more than $40 per prisoner per day ; in West Palm Beach, saved the county at least $320, 000 over five years.

Personal opinions 4. EM devices are merely a way to enhance supervision of program clients, advocates should avoid exaggerating EM programs --staff who supervise the EM clients that can make a program work; not the devices per se. -- select well- tested equipment

Personal opinions 5. Assessing the practical impact on the family for the application of EM program -- consider prudently if an EM program is to be used properly on the specific offender.

Personal opinions 6. A careful design for EM programs including a sliding scale of fees is necessary Taiwan-- no charge now The U. S. A-- 5 - 15 dollars per day Q: Should pay or not? YES.

Conclusion EM can • Solve the problems of overcrowded jails • Be cost-effective • Protect victims • Prevent defendants from escaping • Be the most secure form of supervision other than jail EM is more and more popular around the world.

Conclusion Is EM effective? Does it reduce recidivism ? -- Too new to evaluate and research is not adequate so far -- one of many options in the criminal justice toolbox; an option that has a lot of promise

Conclusion • EM is still worth trying& developing • Need cooperation of the Judiciary • Continuous and intensive research to find the difficulties and the way how to improve • Not only supervise offenders with EM devices but also provide them with psychological consultation and support

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