54IAElectronic monitoring

1. This section applies to electronic monitoring imposed as a condition under section 54I(3)(f).

2. The purposes of an electronic monitoring condition are—

3. to deter the offender from breaching a whereabouts condition; and
4. to monitor compliance with a whereabouts condition.

5. The court must not impose an electronic monitoring condition unless it has had regard to the opinion of the chief executive of the Department of Corrections in a pre-sentence report provided under section 26.

6. Information about an offender that is obtained through an electronic monitoring condition may be used both for the purposes referred to in subsection (2) and for the following purposes:

7. to verify compliance with a whereabouts condition:
8. to detect non-compliance with a whereabouts condition and the commission of offences:
9. to provide evidence of non-compliance with a whereabouts condition and the commission of offences:
10. to verify that the offender has not tampered or otherwise interfered with the ability of the electronic monitoring equipment to operate effectively and accurately.

11. An offender who is subject to an electronic monitoring condition—

12. may be required to have electronic monitoring equipment attached to his or her body; and
13. must comply with written instructions from a probation officer that are reasonably necessary for the effective administration of the electronic monitoring (for example, an instruction to regularly charge the equipment); and
14. fails to comply with the electronic monitoring condition if he or she does not comply with those written instructions.

15. The annual report of the Department of Corrections must include the following information about the use of electronic monitoring in the year reported on:

16. the number of offenders who were at any time subject to an electronic monitoring condition:
17. the average number of offenders who were subject to an electronic monitoring condition and the average duration of the condition:
18. the percentage of offenders who, while subject to an electronic condition, were—
    1. convicted for failing to comply with the condition; or
    2. convicted of any other offence:
19. a description of the processes and systems that relate to electronic monitoring and that were in place during the year reported on.

20. In this section, whereabouts condition means a condition imposed under section 54I(3)(e) that prohibits an offender from entering or remaining in specified places or areas at specified times or at all times.