Commissioner's directive 566-11-1: Electronic monitoring of offenders

Guidelines

1. The Correctional Service of Canada (CSC) may demand that an offender wear a monitoring device in order to monitor his/her compliance with a geographical special condition of a temporary absence, work release, parole, statutory release or long-term supervision.
2. Electronic monitoring (EM) is a supervision tool intended to complement, not replace, traditional methods of supervision.
3. EM is not appropriate for every offender. Offender-specific factors, including mental and/or physical, religious, cultural, community support, occupational, as well as other factors (e.g., technology not functional at release destination) may limit or preclude participation in EM.
4. In the event the number of offenders referred exceeds the availability of devices, a review and prioritization will be completed by the Assistant Commissioner, Correctional Operations and Programs, or delegate, in consultation with field staff.

5. The Assistant Commissioner, Correctional Operations and Programs, or delegate, will review the referral to EM, confirm the referral on the Referral/Decision form (CSC/SCC 2060-07) and advise the referring Parole Officer of the consent to proceed. In situations where more information is required prior to consenting, the consent may be deferred until such time as the necessary information is received and processed. The referring Parole Officer will ensure a copy of the Referral/Decision form (CSC/SCC 2060‑07) is placed on the offender's Case Management file (this copy may have to be forwarded to the institution).
6. In some cases (such as when the release destination is in a remote location), it may be necessary to conduct a field test to confirm functionality of the technology. If such a test is determined to be required by National Headquarters, the Parole Officer at the supervising location will take the device to the release destination. The Parole Officer will fill out the Device Field Test Form (CSC/SCC 2060-10) and send it to GEN-NAT EM-SE. All field tests will be done in consultation with National Headquarters.
7. In all cases involving residency at a Community-Based Residential Facility (voluntary or by way of a Parole Board of Canada or Institutional Head-imposed condition of release), the Parole Officer or Parole Officer Supervisor/Community Correctional Centre Manager must consult with the Community-Based Residential Facility Director when the offender is being referred to EM. Consultation must occur as soon as possible and prior to the device being put on the offender.

8. All matters pertaining to the delivery and pick up of EM equipment to and from operational sites will be facilitated by National Headquarters.

9. The demand for an offender to wear a monitoring device will be made using the Notification for the Requirement of Electronic Monitoring (CSC/SCC 2060-19). Any continued use of EM beyond the duration noted on the above-mentioned form, or any change in how EM will be used (such as moving from a full-time basis to an intermittent basis, or a change in the special conditions EM will monitor) requires a new demand and a new form being completed.
10. Only trained Electronic Monitoring Specialists will apply EM devices.
11. All EM device applications are to be scheduled in advance. The Electronic Monitoring Specialist will:
    1. review the Offender Instruction Form (CSC/SCC 2060-06) with the offender
    2. document the application of the monitoring device in a Casework Record.
12. The Monitoring Device Coordinator is responsible for ensuring that the Radio Frequency (RF) unit is installed in the offender's residence, normally within five days of the device application. While this responsibility rests with the Monitoring Device Coordinator, in practice, it can be done by a Parole Officer or Electronic Monitoring Specialist.
    
13. During regularly scheduled supervision interviews, the Parole Officer should inspect the device/strap and components for obvious signs of tampering and to ensure it remains applied correctly.

14. If the offender makes representations with respect to the duration of the demand to wear a monitoring device, the Parole Officer will immediately forward the representations to the Monitoring Device Coordinator.
15. Offender representations can be written or oral. Written representations may be made on the Notification for the Requirement of Electronic Monitoring form (CSC/SCC 2060-19) or, if a different sheet is used, it should be attached to the above-noted form. Oral representations must be documented in a Casework Record.
16. If an offender makes representations in relation to the duration of the monitoring device requirement, the Monitoring Device Coordinator will provide a written response containing the reasons for confirming or varying the duration, within three working days. The response is documented on the Notification for the Requirement of Electronic Monitoring form (CSC/SCC 2060‑19).

17. If an offender who is required to participate in EM refuses to wear the device (either initially or once the device has been applied), deliberately tampers with or removes the EM equipment, the Parole Officer will reassess the offender's risk pursuant to applicable policy (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). This may result in counselling and other interventions as well as cancelling, terminating or suspending the offender's release.

18. Case considerations may arise that could warrant the early removal of the monitoring device, including as a result of information the offender brings to the attention of his/her Parole Officer. Following a case conference between the Parole Officer and his/her supervisor, a decision may be made to remove the monitoring device prior to the expiration of the established duration documented on the Notification for the Requirement of Electronic Monitoring form (CSC/SCC 2060-19).
19. Once the decision has been made to remove an offender from EM, or the offender has been suspended or refuses to participate further, the Parole Officer will:
    1. provide notification of the removal date to GEN-NAT EM SE and the National Monitoring Centre
    2. document, in a Casework Record, the reasons for removal
    3. if necessary, reassess risk.
20. Under normal circumstances, the device will be removed by the Electronic Monitoring Specialist. However, there may be instances where this is not feasible (e.g., if the police cut it off during an arrest).
21. Following the removal of the device, including unplanned removals (e.g., by police, paramedics), the Parole Officer will attempt to retrieve, within three working days, all EM equipment (EM device, charger, RF unit) that may be in the possession of the offender, his/her family members or other parties.
22. A new referral is not required for offenders who continue to wear an EM device on an intermittent basis (e.g., on weekend passes) or if the device is removed temporarily for maintenance reasons.
23. A new referral is required if the offender changes release types (e.g., Statutory Release to Long-Term Supervision Order) as well as if the offender moves from wearing the device on an intermittent basis to a full time basis.

24. The delegate from the Correctional Operations and Programs Sector is responsible for providing offender-specific EM information to law enforcement agencies in accordance with CD 701 -Information Sharing. Requests for information must be provided in writing to National Headquarters (GEN-NAT EM SE).

25. As part of the ongoing research on EM, staff may be requested to participate in research related tasks, including:
    1. completing questionnaires
    2. serving as a liaison between research staff and offenders
    3. collecting data on EM and offenders' participation in EM and sharing it with research staff.

Assistant Commissioner,

Correctional Operations and Programs

Original Signed by:

Fraser Macaulay

• CD 009 - Research
• CD 566-11 - 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 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.