Location restrictions are defined as movement restrictions on the location of defendants or persons under supervision in the community during specific hours, approved by the supervising officer. The types of conditions imposed by the releasing authority should be considered when selecting the type of Location Monitoring (LM) technology. The level of location restriction should always depend on the participant’s identified risks and/or risk level. The higher the level of risk, the greater the need for a more restrictive location restriction.
Location Monitoring Program Components:
The levels of restriction in the LM program may range from a curfew to 24-hour home incarceration.
Home Incarceration - This is the most restrictive component in the LM program. It requires 24-hour-a-day lockdown, except for medical necessities, court appearances (related to instant offense), or other activities specifically approved by the court.
Home Detention - Home detention requires that the participant remain in the residence, except for preapproved, scheduled absences for: employment, education, religious activities, treatment, attorney visits, court appearances and court-ordered obligations and essential leaves approved by the officers. Discretionary leave will not be granted without the Court’s authorization.
Essential leaves: Barber shop, Groceries, Shopping, Banking, Parent Teacher Meetings, and any other request that does not fall under the discretionary leave category as described under PR 5.40.
Discretionary leaves: Under local policy discretionary leave must be petitioned by the participants directly to the Court. Officers are not authorized to provide discretionary leave. (Examples: Entertainment activities, Anniversaries, Birthdays, Weddings, Funerals, Funeral Mass, Baptisms, San Valentine’s Day, Mother’s Day, Father’s Day, Halloween, etc., Sporting Events, school activities not related to own studies, travel outside of the district, visits to jail or correctional institutions (local or federal) and political events not related to job.)
Curfew - Curfew requires the participant to remain in the residence during set time periods of the day/night. If curfew scheduling exceeds 16 hours outside the residence (within a 24-hour period), court permission or supervisory approval should be sought and documented in the chronological record. With the supervisor’s approval, these hours may be adjusted to conform to a participant’s employment schedule; or modified as directed by the officer.
Financial Responsibility of Person Under Supervision toward Paying for Location Monitoring:
Obligation to pay the cost of participation in the LM Program shall be established by the Court. Payment of the LM condition will be at the prevailing rate. Cost of location monitoring will be paid monthly. Failure to make payments as instructed by the probation officer may be deemed a violation of supervision. Participants who suffer a financial burden which prevents them from complying with payment must request the Court to remove the financial obligation.