DJJ Policies and Procedures
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2.4 ELECTRONIC MONITORING

PROBATION POLICY AND PROCEDURE: DELINQUENCY INTAKE

Approved by: Shannon Dilley, Director

Text, letter Description automatically generated

Date Signed:11/16/2023

Previous Version:   9/17/2014

Attachments: Statewide Graduated Responses Process and Matrix

Authority: AS 47.12.020 Jurisdiction, AS 47.12.030 Provisions Inapplicable, AS 47.12.060 Informal Action to Adjust Matter, AS 47.14.100 Powers and Duties of Department Over Care of Child, AS 47.12.150 Legal Custody, Guardianship, and Residual Parental Rights and Responsibilities, and AS 47.12.260 Releasing Minors After Commitment

POLICY:

Electronic Monitoring may be used as an approved alternative to secure detention when youth meet EM program eligibility requirements.  Use of electronic monitoring is intended to assist in the community supervision of youth who would otherwise require secure placement, act as a graduated response, reduce violations by youth under supervision, and provide for a more structured community-reintegration plan.

Electronic monitoring is a voluntary program and requires the prior consent and acknowledgement of youth and their parent/guardian(s) to adhere to the program’s requirements and expectations. Electronic monitoring may not be ordered by the court. 

The use of electronic monitoring should be of a relatively short duration and, except in extenuating circumstances, shall not exceed 60 days. 

Youth under informal probation agreements or intake diversion supervision are not eligible for placement in an electronic monitoring program.

APPLICABILITY:

This policy and procedure applies to all Probation staff.

DEFINITIONS:

BI Incorporated: Provider of a continuum of electronic monitoring technologies and services to government agencies, including DJJ, for reliable community supervision.

PROCEDURES:

Probation officers shall consider the community safety and elopement risks that the youth may pose.  Such measures ensure that youth on electronic monitoring meet criteria with respect to a risk of re-offense and that any criminogenic, mental health, or educational needs identified in the process are being addressed.

  1. Conditions for Participation in an Electronic Monitoring Program:
    1. The probation supervisor must provide prior approval for all youth placed on the EM program.

 

    1. Participation in the EM program require the youth and family to:
      1. Have their residence inspected for approval by a juvenile probation officer;
      2. Agree to daily/weekly supervision requirements;
      3. Agree to report any violations of the agreement or conditions to their JPO;
      4. Follow and adhere to the weekly schedule that shall include education, employment, treatment, appointments, and curfew hours as applicable;
      5. Be subject to financial liability and/or new criminal charges for any damage or destruction of the electronic monitoring units and equipment.

    1. Youth who have previously participated in any electronic monitoring program will be required to write an essay reflecting on their experience and how they plan to be successful utilizing the electronic monitoring program moving forward.  Great care will be taken to ensure pre-adjudication youth do not write about their open charges. 

  1. A youth may be removed from an electronic monitoring program for non-compliance with program requirements and/or conditions of probation/conduct. 

  1. The youth and the youth’s parent, guardian or other primary caregiver must be advised as to how the EM program works and must consent to participation in the program. A copy of the completed EM Preselection Acknowledgment Form will be placed in the youth’s supervision file. 

  1. Electronic Monitoring may only be utilized for youth under the following circumstances:

    1. Youth on court ordered conditions of conduct or probation may be placed in an EM program if:
      1. The youth has been evaluated and referred by the assigned JPO and a determination has been made that an alternative to secure detention is the most appropriate graduated response to violations; or

      1. The youth is currently in secure detention and the court has authorized the Division the discretion to release the youth to a less restrictive setting; and

      1. The youth is currently in good standing on the detention unit and not considered a security risk or suicide risk. 

    1. A youth who is or will be on formal supervised probation, pending release from a secure treatment facility may be placed in an electronic monitoring program.

  1. Electronic Monitoring Referrals Requiring Chief Probation Officer Approval:

    1. Youth pending adjudication/disposition for an Unclassified or Class A Felony.

    1. Youth pending adjudication for a class B or class C felony after previously being adjudicated for:
      1.  an Unclassified felony;
      2. a class A felony;
      3. stalking;
      4. or a sex offense

    1. A youth who has been discharged unsuccessful from any EM program within the last year.

    1. Youth charged in adult court for an auto-waiver offense and charges were reduced back to DJJ.

  1. Placement of Youth in an Electronic Monitoring Program

    1. Juvenile probation officers will utilize the standardized forms and documents when evaluating and referring a youth to EM.
      1. EM Overview and FAQs for Youth and Family
      2. EM Preselection Acknowledgment Form  
      3. EM Parent/Guardian and Youth Applications
      4. EM Suitability Determination Form

    1. Juvenile probation officers will ensure that all youth placed in an electronic monitoring program are receiving case management and support services as applicable to address identified needs.  A copy of the EM agreement and expectations will be maintained in the case file.

    1. Youth will be outfitted with EM devices in conformance with BI hardware specifications. Monitoring bracelets should be able to rotate completely around the youth’s ankle, but not be lose fitting. Youth will be directed to immediately report any impairment of blood flow to the probation officer.

    1. The District Supervisor will review and approve all cases in which a youth is placed in an electronic monitoring program for 1 to 45 days.  The Regional Chief Probation Officer will review and approve all cases in which a youth is placed on an electronic monitoring program for 46 to 60 days.  The Statewide Chief Probation Officer will review and approve all cases in which a youth is placed in an electronic monitoring program for more than 60 days.

TRAINING: All probation officers will participate in a pre-service orientation program prior to independently performing their job responsibilities. Training will include formal training, supervised field experience, and on-the-job training covering community supervision and graduated responses. Probation officers will utilize trainings facilitated by BI on using their EM equipment and software. Probation officers may also utilize the JPO EM specialist within their office for individualized guidance and training if applicable.  Supervisors will evaluate the training needs of staff and will provide individualized supervision and ongoing coaching.

QUALITY ASSURANCE:  Before approving a youth for electronic monitoring, the Probation Supervisor will ensure the request conforms to the requirements of this policy. Regional Chief Probation Officers will evaluate all EM referrals outlined in section F of this policy. Prolonged use of EM requires review and approval at the intervals and supervisory levels outlined in section G(4.) of this policy.

IMPLEMENTATION: This policy and procedure is effective when it is signed by the Director.