The Current Application and The Current Application and Future of Electronic Monitoring Future of Electronic Monitoring in the Criminal Justice System in the Criminal Justice System

in Taiwanin Taiwan   

Wang, Nan-Jiun Wang, Nan-Jiun Visiting Scholar, EALS, HLS Visiting Scholar, EALS, HLS

(2006.09-2007.06)(2006.09-2007.06)Public Prosecutor, Taiwan Taipei District Prosecutors OfficePublic Prosecutor, Taiwan Taipei District Prosecutors Office

OutlineOutline

• Introduction

• The current application of electronic monitoring in Taiwan

• Personal opinions

• Conclusion

IntroductionIntroduction

• Background

• What is electronic monitoring (EM)?

• What is electronic monitoring program?

• Where do the concepts originate from?

Where do the concepts originate Where do the concepts originate from ?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 , 1960s

How many countries use How many countries use Electronic Monitoring today?Electronic Monitoring today?

• United States, Canada, Singapore, Sweden, the United Kingdom, Australia, New Zealand, the Netherlands, and South Africa.

Why Taiwan wants to use Why Taiwan wants to use Electronic monitoring?Electronic monitoring?

--Overcrowded jails

--Community protection and reducing recidivism

--Rehabilitation enhancement

--Increasing judicial options

Overcrowded jailsOvercrowded jails Prison population- 63,206 (Jan. 2007)

capacity- 53,311

Overcrowding- 9,895

new prisoners -37,607, up 13.3% since 2005

Community protection& RCommunity protection& Reducineducin

g recidivismg recidivism

• ensure that the defendant stays away from the victims

• prevent paroled criminals from becoming recidivists.

Rehabilitation enhancementRehabilitation 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 optionsIncreasing 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.

IntroductionIntroduction -- --OverviewOverview

• 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 The current application of electroelectronicnic monitoring in Taiwan monitoring in Taiwan

• Legislation• Requirements in use of EM • Devices • Cases • Social Response • Effectiveness • Future Plan

LegislationLegislation

--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 EMRequirements 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 DevicesThe Devices

-- Videophone system(2005.9-2006.11)

-- Radio Frequency Identification

(RFID) system(2006.11-present)

Videophone SystemVideophone System

• Videophone & central computer

• “Passive system”

Radio Frequency Identification Radio Frequency Identification (RFID) system(RFID) system

RFID system consists of

-- a transmitter

-- a receiver

-- a central computer

“Active system”

RFID transmitterRFID transmitter

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

RFID receiverRFID receiver

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

RFID central computerRFID 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 CasesPractical Cases

name crime EM type year

Si-hsian Pan

(潘思賢 )

sexual offender

videophone 2005

A-Ming

(阿明 )

sexual offender

videophone 2005

Lee

(李先生 )

sexual offender

RFID 2006

Social ResponseSocial Response

Mainstream thoughtsMainstream thoughts-- EM can ensure the safety of victims and commu

nity 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 the

mselves

The EffectivenessThe Effectiveness

-- too new to evaluate

-- worth trying? Yes.

Offenders on EM/HC in the United States

Year Offenders on EM/HC on survey date1985 171986 951987 8261988 2,2771989 6,4901989-1995 Around 6,5001996 7,4801998 10,8272002 9,706

US Prisoners in EM Program

0

2000

4000

6000

8000

10000

12000

1985 1990 1995 2000 2005

Year

# o

f P

riso

ner

s

The Future PlanThe 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 opinionsPersonal 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 opinionsPersonal opinions

2. Considering GPS for future using

-- What is GPS? Global Positioning System

--Benefits and drawbacks of GPS

-- Suggestion: GPS? RFID?

Personal opinionsPersonal opinions3. 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 opinionsPersonal 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 opinionsPersonal 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 opinionsPersonal 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.

ConclusionConclusion

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.

ConclusionConclusion

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

ConclusionConclusion

• 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

THANK YOU!THANK YOU!