Electronic Monitoring: Operational Next Month

August 30, 2010

Speaking on the GPS monitors that the justice system expects to bring into use, Attorney-General and Minister of Justice Senator Kim Wilson told a press conference this morning that “It is anticipated that the Electronic Monitoring System will be fully operational by the end of September.” She further said that “The system will allow for offenders to be electronically monitored as a condition of bail, parole and for probation orders so as to reduce dependence on incarceration and thereby reduce the cost of incarceration.”

Senator Wilson’s full statement follows below:

As Attorney-General and Minister of Justice, I am pleased to provide an update on two projects which will provide technological solutions to assist and enhance the administration of justice, namely, electronic monitoring and judicial videoconferencing.

As you will recall, the electronic monitoring initiative was first announced in the 2009 Speech from the Throne, as a tool for the Judiciary, the Bermuda Police Service, Corrections and Court Services to assist in the monitoring of persons who are eligible to be released on bail. This system will be an extremely useful locator of a person’s whereabouts and the restriction and surveillance capabilities that it offers, will help to reduce the likelihood that the individual will offend again, particularly against the initial victim.

This initiative has been introduced to find ‘alternatives to incarceration’ within Bermuda without compromising the safety of society and to keep track of offenders. The system will allow for offenders to be electronically monitored as a condition of bail, parole and for probation orders so as to reduce dependence on incarceration and thereby reduce the cost of incarceration.

As I previously informed my colleagues in the Senate, technological innovation to monitor offenders electronically has been devised since the 1960s and has since been introduced for correctional use in the United States, Canada, the United Kingdom and in other nations worldwide in an effort to reduce prison populations.

By way of a review, the monitoring involves a radio frequency monitoring system which entails a device being connected to the standard telecommunications outlet with a locked bracelet transmitter/receiver being worn by the offender. If the offender wanders a certain distance from the fixed device or removes the fixed portion of the device, a signal is transmitted to alert the monitoring authorities. The electronic monitoring system utilizes Global Positioning Satellite (GPS) technology to record where a person is at any given time and to provide a geographical record of where they have been for any segment of time. This has been utilized in some jurisdictions primarily to track paroled sex offenders. The Electronic Monitoring System is also capable of storing various types of data, such as inclusion zones which are areas that a bailee must be at specified times, and designated exclusion zones – those areas that an bailee will be prohibited from entering.

It is important to note that those electronically monitored had a lower rate of recidivism than probationers and those who served their sentence. Additionally, it was found that electronic monitoring combined with intensive treatment programs also reduced recidivism among high risk offenders.

During the Ministry’s development of this initiative, members of the public will recall that I voluntarily participated in the trial testing of the monitoring technology when my left ankle was fitted with a GPS Electronic Tracking System. I agreed to wear this device for a period of one week and my movements were tracked during that period.

That experiment served to enhance my personal knowledge of how an Electronic Monitoring System works and it provided me with important insight into what this actually means for an offender or bailee who is fitted with such a device.

With this initiative, the Ministry of Justice has taken the first step towards the implementation of what some consider a long-overdue technological option for our criminal justice system. Therefore, I am pleased to announce that we are currently in the final implementation stages of this project. It is anticipated that the Electronic Monitoring System will be fully operational by the end of September.

Members of the public will also recall the Ministry initiative to implement a judicial videoconferencing system in the courts to further assist in the prosecution process by allowing vulnerable witnesses such as children to give evidence at a location outside of the courtroom. This initiative will lessen witness intimidation, increase witness participation in the court process and result in more successful prosecutions.

I am pleased to report that subsequent to the vendor selection process and completion of contractual arrangements, as per my last update, the installation of the system is in progress with a view to early implementation.

As Attorney-General and Minister of Justice, I am cognizant of the enormous potential options that the Electronic Monitoring and Judicial Videoconferencing systems will offer to this community – from monitoring persons on bail and potential offenders to providing a measure of safety to prosecution witnesses respectively.

The implementation of these initiatives is an indication of the proactive approach that I have adopted in order to identify creative solutions that not only reflect international best practices but are appropriate options to suitably address the challenges that the criminal justice system faces. This approach is reflected in the initiatives that are ongoing in the Ministry of Justice and those that are currently being developed.

As Attorney-General and Minister of Justice, I have been responsive to the call of the judiciary, the legal fraternity and members of our society who are both victims and witnesses, to make the changes that are necessary to ensure the proper administration of justice and the maintenance of law and order. Thus, I remain committed to ensuring the successful implementation of these systems as further tools to increase public confidence in the prosecution process and the justice system.

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