Electronically Monitored Punishment: International and Critical Perspectives

305 Pages·2012·3.572 MB·English

by  Mike Nellis, Kristel Beyens, Dan Kaminski

Electronically Monitored Punishment
Electronic monitoring (EM) is a way of supervising offenders in the community while
they are on bail, serving a community sentence or after release from prison. Various tech-
nologies can be used, including voice verification, GPS satellite tracking and – most com-
monly – the use of radio frequency to monitor house arrest. EM originated in the USA in
the 1980s and has spread to over 30 countries since then. This book explores the develop-
ment of EM in a number of countries to give some indication of the diverse ways it has
been utilized and of the complex politics which surround its use.
A techno- utopian impulse underpins the origins of EM and has remained latent in its
subsequent development elsewhere in the world, despite recognition that it is less capable
of effecting penal transformations than its champions have hoped. This book devotes sub-
stantive chapters to the issues of privatization, evaluation, offender perspectives and
ethics. While normatively more committed to the Swedish model, the book acknow ledges
that this may not represent the future of EM, whose untrammelled, commercially- driven
development could have very alarming consequences for criminal justice.
Both utopian and dystopian hopes have been invested in EM, but research on its
impact is ambivalent and fragmented, and EM remains undertheorized, empirically and
ethically. This book seeks to redress this by providing academics, policy audiences and
practitioners with the intellectual resources to understand and address the challenges
which EM poses.
Mike Nellis is Emeritus Professor of Criminal and Community Justice in the School of
Law, University of Strathclyde, UK. He was formerly a social worker with young offend-
ers, has a PhD from the Institute of Criminology in Cambridge, and was involved in the
training of probation officers at the University of Birmingham. He has written widely on
the fortunes of the probation service, alternatives to imprisonment and particularly the
electronic monitoring of offenders.
Kristel Beyens is Professor of Penology and Criminology at the Criminology Depart-
ment of the Vrije Universiteit Brussel, Belgium. She has published on prison overcrowd-
ing, sentencing and the implementation of prison sentences and sentences in the
community, such as electronic monitoring and community service. She is a member of
the editorial board of the European Journal of Probation and of the European Working
Group on Community Sanctions.
Dan Kaminski is Professor at the UCLouvain (University of Louvain-l a-Neuve),
Belgium, and President of the CRID&P (Interdisciplinary Research Centre on Deviance
and Penality). He holds a PhD in Criminology and has published on managerialism, penal
treatment of drug use, prisoners’ rights, alternatives to prison and electronic monitoring.

Electronically Monitored
Punishment
International and critical perspectives
Edited by Mike Nellis, Kristel Beyens and
Dan Kaminski
First published 2013
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
Simultaneously published in the USA and Canada
by Routledge
711 Third Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group
© 2013 Mike Nellis, Kristel Beyens and Dan Kaminski; individual
chapters, the contributors
The right of Mike Nellis, Kristel Beyens and Dan Kaminski to be
identified as the authors of the editorial material, and of the authors for
their individual chapters, has been asserted in accordance with sections 77
and 78 of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or
utilized in any form or by any electronic, mechanical, or other means, now
known or hereafter invented, including photocopying and recording, or in
any information storage or retrieval system, without permission in writing
from the publishers.
Trademark notice: Product or corporate names may be trademarks or
registered trademarks, and are used only for identification and explanation
without intent to infringe.
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging in Publication Data
Nellis, Mike.
Electronically monitored punishment : international and critical
perspectives / Mike Nellis, Kristel Beyens, Dan Kaminski. – 1st ed.
p. cm.
Includes index.
1. Electronic monitoring of parolees and probationers. I. Beyens,
Kristel. II. Kaminski, Dan. III. Title.
HV9275.N45 2012
364.6'8–dc23 2012011261
ISBN: 978-1-84392-273-5 (hbk)
ISBN: 978-0-203-10302-9 (ebk)
Typeset in Times New Roman
by Wearset Ltd, Boldon, Tyne and Wear
Contents
List of illustrations vii
Notes on contributors viii
Acknowledgements xii
Introduction: making sense of electronic monitoring 1
MIKE NELLIS, KRISTEL BEYENS AND DAN KAMINSKI
Part I
National experiences 19
1 the limits of techno- utopianism: electronic monitoring in
the United States of america 21
J. ROBERT LILLY AND MIKE NELLIS
2 the evolution of electronic monitoring in Canada: from
corrections to sentencing and beyond 44
SUzANNE WALLACE- CAPRETTA AND JULIAN ROBERTS
3 ‘Parallel tracks’: probation and electronic monitoring in
England, Wales and Scotland 63
GEORGE MAIR AND MIKE NELLIS
4 Extending the electronic net in australia and New Zealand:
developments in electronic monitoring down-u nder 82
RUSSELL G. SMITH AND ANITA GIBBS
 5  From voice verification to GPS tracking: the development of 
electronic monitoring in South Korea 102
YOUNOH CHO AND BYUNG BAE KIM
vi Contents
 6  High level of support and high level of control: an efficient 
Swedish model of electronic monitoring? 113
INKA WENNERBERG
7 From tagging to tracking: beginnings and development of
electronic monitoring in France 128
RENé LéVY
8 Is the sky the limit? Eagerness for electronic monitoring in
Belgium 150
KRISTEL BEYENS AND DAN KAMINSKI
9 Bars in your head: electronic monitoring in the Netherlands 172
RENé VAN SWAANINGEN AND JOLANDE UIT BEIJERSE
Part II
Debates 191
10 Surveillance, stigma and spatial constraint: the ethical
challenges of electronic monitoring 193
MIKE NELLIS
11 Commercial crime control and the development of
electronically monitored punishment: a global perspective 211
CRAIG PATERSON
12 Insiders’ views: offenders’ and staff ’s experiences of
electronically monitored curfews 228
ANTHEA HUCKLESBY
13 Evaluative research on electronic monitoring 247
MARC RENzEMA
Index 271
Illustrations
Figures
6.1 The number of individuals beginning a period of EM – ISEM
or EM release – between 1999 and 2007 115
7.1 Evolution of the prison population since 1980 130
7.2 Number of tagged individuals as of the beginning of each month 136
8.1 Eligibility criteria and decision- making bodies for EM in
Belgium since 2007 155
8.2 EM daily population: 1999–2009 161
tables
2.1 Use of EM across Canada 57
4.1 Restricted movement orders (home detention) in Australian
jurisdictions, 1999–2009: average daily number of persons
and average completion rates 85
4.2 Home detention in New zealand, 2003: average daily number
of persons 92
6.1 Proportion re- convicted during the three-y ear follow- up
period; proportion sentenced to a new prison term and mean
numbers of convictions and offences 122
7.1 Estimates of the unit cost per day of the various sanctions or
penal measures 134
7.2 Socio- demographic characteristics of tagged persons
according to legal situation 137
7.3 Comparison of tagged persons and prisoners having served six
months or less 138
7.4 Overview of the conditions of implementation of the different
modalities of tagging and tracking 139
8.1 Day- time occupation during EM period on 21 March 2006 162
8.2 Reasons for terminating the EM period in 2005 and 2009 163
13.1 Number of EM evaluation studies collected per five-y ear period 257
13.2 Three- year re- conviction outcomes by three measures of risk
in Marklund and Holmberg’s study 259
Contributors
Jolande uit Beijerse is an Associate Professor of Criminal Law and Law of Crim-
inal Procedure at the Erasmus University Rotterdam (EUR), the Netherlands,
and a Judge at the Court of Rotterdam, where she mostly deals with juvenile
criminal law cases. She is also a member of the supervising committee of one
of the main youth institutions in the Netherlands. Most of her publications are
in the field of pre-t rial detention, penal sanctions (especially alternatives to cus-
tody), juvenile justice and youth institutions. Her research focuses on the ten-
sion between legal principles and social needs.
Kristel Beyens is Professor of Penology and Criminology at the Criminology
Department of the Vrije Universiteit Brussel, Belgium. She has published on
prison overcrowding, sentencing and the implementation of prison and com-
munity sentences, such as electronic monitoring and community service. She
is a member of the editorial board of the European Journal of Probation and
chair of the European Working Group on Community Sanctions.
Younoh Cho is a Professor at Dongguk University, Seoul, Korea. She joined the
Dongguk University in 2008 after nearly three years on the doctoral pro-
gramme at John Jay College of Criminal Justice in the City University of
New York (Graduate Center). She received her PhD after she wrote a disser-
tation on ‘An analysis of the automated voiceprint recognition program for
juvenile probationers in South Korea’.
Anita Gibbs worked as a probation officer in the UK before undertaking her
doctorate at Bristol University. She then worked at the Centre for Criminol-
ogy in Oxford, before joining the Department of Social Work and Community
Development at Otago University, New zealand. Since then she has com-
pleted a variety of projects on Home Detention, Compulsory Community
Treatment Orders and, more recently, Intercountry Adoption.
anthea Hucklesby is Professor of Criminal Justice and Deputy Director of the
Centre for Criminal Justice Studies at the University of Leeds, UK. Her
research focuses upon the treatment of suspects, defendants and offenders in
the criminal justice process. She has particular interests in bail and pre- trial
Contributors ix
detention, electronic monitoring and community sentences, prisoner resettle-
ment, prisons, drugs and voluntary and private sector involvement in criminal
justice.
Dan Kaminski is Professor at the UCLouvain (University of Louvain- la-
Neuve), Belgium, and President of the CRID&P (Interdisciplinary Research
Centre on Deviance and Penality). He holds a PhD in Criminology and has
published on managerialism, penal treatment of drug use, prisoner’s rights,
alternatives to prison and electronic monitoring.
Byung Bae Kim is EM Programme Manager of the Division of Probation and
Parole at the Ministry of Justice, Republic of Korea.
rené Lévy is Director of Research at the Centre National de la Recherche Sci-
entifique, France, and currently Director of the Groupe Européen de Recher-
ches sur les Normativités, Guyancourt, France. He is a researcher at the
Centre de Recherches Sociologiques sur le Droit et les Institutions Pénales
(CESDIP, a joint centre of CNRS/Université de Versailles/Ministry of Jus-
tice). He is also the Director of the journal Crime, Histoire & Sociétés (Crime,
History & Societies).
J. robert Lilly is Professor of Sociology/Criminology and Adjunct Professor of
Law at Northern Kentucky University, USA. Along with Richard Ball and
Ronald Huff he was one of the pioneering writers on electronic monitoring in
the United States and became influential in early debates about it in Britain
and mainland Europe. He is co- author of Criminological Theory: Context and
Consequences, now in its fifth edition, and is a co-e ditor of the Howard Jour-
nal of Criminal Justice. As well as a range of interests in mainstream criminal
justice, he has also published widely on rape and military justice in the
Second World War, in French and Italian translations as well as English.
George Mair is Professor of Criminal Justice and Head of Research in the
Law School at the Liverpool John Moores University, UK. He was co-
founder of the journal Criminology and Criminal Justice and jointly edited
it from 2001 to 2006. He is a member of the editorial board of the Liver-
pool Law Review, the Probation Journal and the European Journal of Pro-
bation. He has been writing about and researching aspects of criminal
justice since 1980. He spent 16 years in the Home Office Research and
Planning Unit. During that time he carried out, among other topics, the first
evaluation of electronic monitoring.
Mike Nellis is Professor of Criminal and Community Justice at the University of
Strathclyde, UK. He is a former social worker with young offenders. He holds
a PhD in Criminology and has published on many aspects of penal change,
especially the toughening of community penalties, probation values, the train-
ing of probation officers, the role of voluntary organizations in criminal jus-
tice, the significance of prison movies and prisoner autobiographies and
electronic monitoring.