Simon Says

1. Correctional Service Canada can require federal inmates to use electronic monitoring devices. Electronic monitoring is to ensure compliance with a special condition that restricts the inmate from leaving or going to a particular geographic area. Electronic monitoring can be used to track an inmate on a temporary absence, work release, parole, statutory release, or long-term supervision. An inmate will need to wear the device full-time or intermittently (e.g. weekends or at night).

2. Electronic monitoring is only to be used for certain types of inmates. This includes inmates who have a geographical special condition and a low or medium reintegration potential rating. Certain sex inmates with a high reintegration potential rating may also be required to wear a monitoring device.

3. There is a specific referral process. Parole officers determine if electronic monitoring would be a viable option for monitoring a special condition that an inmate remain within a specific geographic area. The Assistant Commissioner or delegate will make the final decision. An inmate can be required to wear a device for up to six month. If electronic monitoring is required beyond six months, then the decision-making process is repeated.

4. Inmates have the right to make representations. However, the representations are only in relation to the duration of the requirement to wear an electronic monitoring device. If an inmate makes representations, then the Monitoring Device Coordinator will review them and will either confirm or vary the duration of the electronic monitoring requirement.

5. Tampering with a device or refusing to wear one will have consequences. An inmate’s risk will be reassessed, and this could also result in the cancelling, termination, or suspension of the inmate’s release.

The power to require inmates to abide by electronic monitoring is relatively new, as it was enacted in 2015, and it is not widely used. If you’re required to wear an electronic monitoring device, contact us today to discuss your options.

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