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78 Fed. Probation 19 (2014)
Location Monitoring for Low-Risk Inmates - A Cost Effective and Evidence-Based Reentry Strategy

handle is hein.journals/fedpro78 and id is 21 raw text is: 
June 2014                                                                                                                         19






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                                                                                                 Trent Cornish and Jay Whetzel
                                                          Probation Administrators, Probation and Pretrial Services Office
                                                                                       Administrative Office of the US. Courts


COMMUNTY CORRECTIONS' CENTRAL
focus during the past decade has been the
adoption of evidence-based practices. Federal
community corrections has been no excep-
tion to this trend. Promising research has
renewed interest in the possibility of reduced
recidivism through offender behavior change.
Simultaneously, at the local, state, and fed-
eral level, decision-makers have realized that
seemingly ever-growing inmate populations
and budgetary pressures have become unsus-
tainable. Thus the possibility of reducing
recidivism and costs by shifting resources
away from incarceration to community-based
correctional solutions has prompted innova-
tion. It is in this environment that the federal
location monitoring program has recently
been re-conceptualized.
   Central to evidence-based practice in cor-
rections are the principles of risk, need, and
responsivity. As articulated by Andrews and
Bonta,1 the first of these, the risk principle,
posits that we should focus our interventions
on higher-risk offenders, who are the most
likely to realize a reduction in recidivism.
The risk principle further emphasizes that
exposing lower-risk offenders to unneeded
interventions can actually make them more
likely to recidivate, both through exposing
them to higher-risk peers and by attenuating
pro-social ties. The risk principle underlies the
need to differentiate any correctional popu-
lation by risk level. The Bureau of Prisons
(BOP) has done that for decades, specifi-
cally relying on its Security and Designation
instrument, an actuarial risk prediction tool
Andrews, D., & Bonta, J. (2010). The psychology
of criminal conduct, 5th ed. New Providence, NJ:
Anderson Publishing.


that informs initial designation and ongoing
re-assessment of the security risk posed by
each of the BOP's 215,000 inmates. Currently,
the BOP identifies 17.4 percent of its 215,000
inmates as posing a minimum security risk.
Nearly 40 percent of inmates are designated
as low risk.2 According to the federal pro-
bation system's risk assessment tool, the Post
Conviction Risk Assessment (PCRA), approx-
imately 40 percent of federal offenders are at
low risk to recidivate.

Background
Use of home confinement with federal
offenders was introduced in 1986, when the
United States Parole Commission and the
Administrative Office of the U.S. Courts
(AO) experimented with the Curfew Parole
Program. Driven by deficit reduction legisla-
tion, the program relied on officers conducting
curfew telephone calls and having weekly
in-person contacts. The ability of officers to
adequately monitor offenders became a con-
cern. In a 1988 pilot study between the BOP
and the AO, the first offender was released
on curfew parole with electronic monitor-
ing. In 1989, the federal Judicial Conference
Committee on Criminal Law expanded the
program to 12 districts and also authorized
electronic monitoring for federal offenders
on supervised release and pretrial defendants.
The program expanded nationally in 1991.
The first national contract for services was


2 According to the BOP website February 27, 2014,
the inmate population is 215,482, of whom 36,134
(17.4 percent) are designated as at a minimum
security level. Additionally, 82,550, or 39.8 percent,
are rated at a low security level.


awarded in 1993 (Guide to Judiciary Policy,
Vol. 8; Part F; Sec. 150; hereafter, Guide).
   Over time, the breadth of technologies
for monitoring offenders remotely greatly
expanded, including the ability to track
offenders beyond just determining if they
were inside their residence. In 2009, the
home confinement program was renamed
the location monitoring program to reflect
the full array of technologies available in
the program.' The program now provides
officers with greater options for mitigating
offender risks, providing supervision struc-
ture, and detecting various patterns of
behavior. The variety of technologies helps
officers better allocate their resources, avoid-
ing over-supervising low-risk offenders or
under-supervising higher-risk offenders
(Guide, Vol. 8: Part F, Sec. 160).
   There are many misconceptions about
what location monitoring can and cannot
do. The technology does not allow officers to
intercept bad behavior before it happens. It
does, however, provide a wealth of information
about patterns of behavior that can be used to
address offenders' accountability and improve
supervision (Guide, Vol. 8; Part F. Sec. 415).
Location monitoring should be viewed as an
opportunity to remove and limit opportunities

' Current technologies include automated voice
verification systems, for low-risk offenders; radio
frequency systems that confirm an offender's pres-
ence at an authorized location; passive global
positioning systems that record offenders' locations
and later download tracking data; and active global
positioning systems that provide continuous track-
ing and allow for inclusion and exclusion zones.
Additional systems have the ability to remotely
monitor an offender's alcohol use, either through
breath samples or through transdermal collection.

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