Executing prison sentences at home with electronic monitoring - advantages and disadvantages of the Scandinavian Model

CEP workshop, Frankfurt 2014Presented by:Anette Esdorf, Deputy Director-General, Department of Prisons and Probation, Denmark

Jan-Erik Sandlie, Deputy Director for the Directorate of Correctional Service, Norway

EM in Denmark

• No alternative measure sentenced by court

• Execution of a prison sentence at home

• Maximum of 6 months

• Electronically monitored

• Controlled and Supervised by Probation Service

• Voluntarily (application)

• An administrative decision

EM – Conditions

• Accomodation• Occupation• Consent from cohabitants over 18 years• No alcohol or drugs• No new crime• ”Appropriate”

The 439 electronically monitored ”home-prisoners” in Denmark (9/12-2014) distributed by crime:

road traffic 128violence 120robbery 7narcotics 49sexual off. 8thefts etc. 96others 34

Electronically Monitored ”Home-Prisoners” in DK 2005 - 2014

Sep. 2005OktNovDecJan 2006FebMar 2006AprMajJunJulAugSep. 2006OktNovDecJan 2007FebMar 2007AprMajJunJulAugSep. 2007OktNovDecJan 2008FebMar 2008AprMajJuniJuli augSep. 2008OktNovDecJan 2009FebMar 2009AprMajJunJulAugSep. 2009OktNovDecJan 2010FebMar 2010AprMajJuni Juli AugSep. 2010OktNovdecJan 2011febMar 2011Apr. 2011MajJuni 2011Juli AugSep. 2011OktNovDecJan 2012FebMar 2012APRmajjuniJuli augSep. 2012oktnovdecjan 2013febmaraprmajjunjulaugSep. 2013oktnovdecjanuarfebruarmartsaprilmajjunijuliaugustSep. 2014oktobernovemberdecember

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50

100

150

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450

Experiences till now in Denmark:

• 60 % of all prison sentences ≤ 6 months are executed at home with EM

• Replace 400 prison places• A high degree of compliance (less than 10%

are revoked)• Much lower recidivism rate than for prison• Much cheaper than prison• It is considered a punishment (strict control,

quick reaction to breaches)• Broad acceptance by public opinion, medias,

justice system and politicians

Rate of Recidivism (2013)

• CUSTODIAL SENTENCE: 38%

• SUSPENDED SENTENCE: 29%

• COMM. SERVICE: 20%

• ELECTRONIC MONITORING: 17% 0%

5%

10%

15%

20%

25%

30%

35%

40%

2013

Prison

Suspend.

CSO

Electron.Mon.

EM in Norway

• Pilot project started in 2008

• Nationwide in 2014, with 11

units and a total capacity of 342

• Front door and back door, up to 4 months

• Administrative decision, volentary (need to apply)

• One nightwatch-unit and one control centre for the whole

country

• The Correctional Services have the superior responsibility

of all parts

• Well-qualified staff of both prison officers and social

workers

• Close and dynamic supervision of the offender; both

support and control

Offender group and conditions

• As a main rule, violence and sexual crimes are

excluded

• Mainly road traffic offences and economic crime

• Average monitoring periode is 34 days

• Suitable accommodation and occupations

• Approval from persons in the residence over the

age of 18

• Zero-tolerance of drugs and alcohol

• Minimum of two meetings at the probation office

and two personal supervision at home or occupation

per week

Experiences in Norway

• A political controversial decision in 2007, now

a broader political agreement and a positive

opinion

• Positive media coverage, making ground for

constructive discussions

• Evaluation reports with positive results:

4,5% revocations, 7,5% recidivism after 2

years

• EM effects the entire Correctional Service

The main goal for EM in Norway

• Maintain and advance the social and economic

capabilities of the offender. Integration in

society, not only house arrest

• Rehabilitation; our EM approach supporting the

offender’s needs

• Lower the use of imprisonment

• Flexibility

• Cost effectiviness

Development in numbers

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2000

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6000

2008' 2009' 2010' 2011' 2012' 2013' 2014'

Applications

Implementations

Revocations

Common experiences

• Human and trustworthy alternative to prison

• High compliance• Low recidivism• Dynamic support and control• Replaces prison places• Cheaper than prison, still relative

expensive• Broad acceptance

EM recommandation from the Council of Europe: CM/Rec (2014) 4, rule no. 2• “Decisions to impose or revoke electronic

monitoring shall be taken by the judiciary or allow for a judicial review”

• “What is important here is that in cases where a decision is taken by an administrative body, including prison and probation services, effective judicial review is available to the persons concerned. Judicial review may be undertaken by a specific judicial body, a parole board or an ombudsman ‑ where parole boards themselves make or revoke an order involving electronic monitoring, their decisions should in turn be reviewable by a judicial authority”

EUROPEAN RULES ON COMMUNITY SANCTIONS AND MEASURES (R 1992)

”Rule 10:No provisions shall be made in law for the automatic conversion to imprisonment of a community sanction or measure in the case of failure to follow any condition or obligation attached to such a sanction or measure”.

EM as a way of executing a Prison Sentence

Advantages:• No risk of net-widening• Quick reaction to breaches of conditions• High compliance• Flexibel• Administrative decisions in Scandinavia are

qualified and reviewable (in Denmark not reviewable)

Disadvantages: • Human right persepective?• Less judicial control?

The Scandinavian EM-model - discussions!