Monitoring curfew and electronic monitoring for Young Serious Offenders

Compliance with curfew hours

During curfew hours, the rangatahi must remain at the curfew address unless:

• they are seeking urgent medical or dental care
• they are avoiding serious risk of harm to themselves or others
• the absence has been approved by the social worker or supervisor (delegated by the chief executive).

If the rangatahi needs to leave the address temporarily during curfew hours, they should let their social worker know as soon as possible, or after hours call 0508 326 459. We record the rationale for the absence in CYRAS as soon as practicable to ensure information is readily available to other kaimahi and advise Police. Approved temporary absences that can be approved by the social worker may include:

• non-urgent medical or dental appointments
• employment or job seeking
• education, training or rehabilitative programmes
• attending a family group conference or related process
• carrying out family group conference decisions or plans
• humanitarian reasons such as a serious family illness or bereavement (with conditions if needed).

Monitoring the curfew and wider needs

Regular in-home visits are needed to:

• help us understand any changing needs, support requirements or concerns while on curfew
• identify how we can support the rangatahi to be prosocial and meet their goals.

The social worker needs to visit the rangatahi at least once a week at their address (more frequent visits may be needed, especially during the initial phase).  Understanding how we can support the rangatahi while on curfew will also be supported by weekly contact with:

• the whānau or family (or more frequently as required)
• the home support person where relevant.

Information gathered from these regular visits needs to be recorded in CYRAS.

If a rangatahi has a Young Serious Offender declaration, they can be arrested by Police when Police reasonably believe they are breaching a specified condition under a Young Serious Offender order.

Using Tiaki Oranga to safety plan

If safety issues are identified at any time, we need to consider how the continuation of the curfew and any electronic monitoring condition will impact on the safety and oranga of the rangatahi or others in the home.

We use Tiaki Oranga to understand safety and develop a safety plan with the rangatahi, their whānau or family and key support people with clearly defined roles and responsibilities.

Tiaki Oranga

Protect and support the development of tamariki and rangatahi within healthy whānau and families

Changes to the curfew hours

Decisions to change the curfew hours should be guided by the needs and rehabilitative goals of the rangatahi balanced with any risk of harm or reoffending and interests of the victims.

When we are considering a change to curfew hours, it is important that we inform and work with all involved, including whānau or family, Police, the youth advocate, the supervisor, and Legal Services.

If a curfew change is required, we need to casenote this in CYRAS and consult with Legal Services before making an application to vary the curfew conditions as the application will be filed in the lawyer’s name.

The court will advise its decision. We record this outcome in CYRAS and advise the rangatahi, their whānau or family, their home support person where relevant, the Police and the youth advocate.

Communicate changes to Corrections – If electronic monitoring is in place and the curfew time is changed, the social worker needs to notify Corrections of the changes by completing the CYRAS OT3 EM Onsite Feasibility Check form and emailing the form to Corrections. 

Failure to comply declaration

Police or Oranga Tamariki may apply to the court for a Declaration of Failure to Comply if the rangatahi breaches their curfew order.

This should be considered when the rangatahi has without reasonable excuse failed to comply satisfactorily with a term, condition or other requirement of an order.

The decision to apply can be made by a social worker in consultation with Legal Services.  Before this occurs, we should meet where possible with all relevant parties, so we are all aware of the implications of a Declaration of Failure to Comply application.

If Police file an application for a Declaration of Failure to Comply, the court will likely direct a new section 334 report and section 335 plan. We provide the court with our current understanding and make recommendations.

Electronic Monitoring of curfew

The imposing of an Electronic Monitoring of curfew condition (EM Curfew) requires additional actions.  Forms to support EM Curfew actions and requests are in CYRAS as casenote templates (with inbuilt email buttons).

Multiple EM Curfews can occur at one residential address but these need to be well planned and coordinated.

Electronic Monitoring technology

Electronic monitoring for EM Curfew uses Radio Frequency, not GPS. This means an alert is triggered if the rangatahi leaves the specified address during curfew hours but movements outside the curfew address are not tracked.

Radio Frequency devices being used by Corrections to support EM Curfew cannot record sound or video or take pictures.

We need to undertake a remote feasibility check to check the initial suitability of the address and cellular coverage.

Electronic Monitoring of curfew: Feasibility decision tree (PDF 83 KB)

Installation and connection of equipment

When an order for Intensive Supervision with Electronic Monitoring, or Young Serious Offender Supervision with an Activity Order and EM Curfew is made, the youth justice social worker:

• agrees a suitable time for installation with the rangatahi and where applicable their home support person - the social worker needs to give Corrections a minimum of 48 hours' notice to organise an installation
• completes the OT2 EM Connection Request form in CYRAS and emails it to Corrections
• confirms the installation time with the rangatahi and where relevant, their home support person once Corrections have confirmed the booking
• ensures they are present during the installation of the strap and beacon.

Communicating curfew boundaries

The social worker will need to talk with the rangatahi and the support person so they understand where the rangatahi cannot go beyond at the residential address during curfew hours (day, night and weekend). This includes explaining to them about the 50-metre radius limits generated by the electronic monitoring technology. It is the social worker who will set the curfew boundaries at that address.

Boundaries are likely to be set using existing perimeter fencing at the property, or outlining limits of movement if clearly defined fencing does not exist within the 50-metre radius from the base unit in the home. This should be written down or drawn and given to the rangatahi and support person to remind them of the defined curfew boundaries.

Responding to alerts

Alerts are received by email sent to the social worker and supervisor along with the EM@OT.govt.nz inbox, which is managed by the National Services Team.

The strap tamper/Smart Beacon No Communication alerts are received in real time and clearly indicate the action that is required.

Alerts for Invalid Location or Inclusion Zone (when a wearer leaves the monitored zone) are sent through a Daily Wearers Report to the social worker, supervisor and National Services Support Team through the EM@OT.govt.nz inbox at 8am daily.

When an alert is received, we work with the rangatahi and their whānau or family and where relevant the home support person to understand the circumstances.

After hours and public holidays

Alert emails received after-hours or on a public holiday are not expected to be responded to by site kaimahi until the next business day.

National Support Services:

• monitors the EM@OT.govt.nz inbox between 5pm Friday and 8am Monday and over public holidays
• triages the alerts
• where they have taken action, saves the initial alert into CYRAS, records any subsequent actions in a casenote and sends a casenote reminder to the allocated social worker and supervisor.

Strap Tamper/Smart Beacon No Communication

Determine the cause of the strap tamper alert. This could be related to a power outage, equipment failure including a dead battery, accidental damage, or an attempt to remove the device.

We clearly casenote the alert email along with our understanding of the reasons. We complete a CYRAS OT3 EM Onsite Feasibility Check form if repairs are required.

Field officer visit required

When we need Corrections to organise a field officer to complete an equipment check, we:

• arrange a time for the visit with the rangatahi and their home support person (where applicable) – we must provide at least 48 hours’ notice before the visit
• complete the OT4 Book Visit for EM Equipment Check form in CYRAS and email it to Corrections
• confirm the visit time with the rangatahi and their home support person (where applicable) once Corrections has confirmed with us
• attend the visit in person.

Non-compliance

When a Daily Wearers Report has been received, we need to work with the rangatahi and their whānau or family and home support person to build understanding of the circumstances and reasons given for non-compliance. For example, was the alert related to:

• a safety-related absence: did the rangatahi leave to follow a safety plan or protect themselves or others?
• non-compliance with curfew:
  • did the alert correspond with a dental or medical appointment or an authorised absence?
  • was there an approved change in curfew hours that Corrections weren’t notified about?
  • was there an unplanned event, such as missing a bus?
  • was it deliberate non-compliance?

We clearly casenote the alert email in CYRAS, along with our understanding of the reasons. Where non-compliance is identified, the social worker needs to support the rangatahi and their support people to understand the seriousness of non-compliance and to consider alternative actions that support compliance.

Once a rangatahi has a Young Serious Offender declaration or is subject to an Intensive Supervision Order, they can be arrested by Police when Police reasonably believe they are breaching a specified condition under a Young Serious Offender order.

Change of address

If the rangatahi needs to move to a new living situation during the EM Curfew condition, we:

• complete a new feasibility check – network coverage and social work assessment
• seek permission from the court to vary the condition, unless there is an urgent need to support the oranga of the rangatahi
• advise Corrections of the move using the OT3 Changes to EM Conditions form.

After discussions are first taken with Corrections, rangatahi and whānau or family can unplug the Smart Beacon at the original address and plug it in a central and/or unobstructed area at the new address. If Corrections is not told of this movement, it will be recorded as a breach to the EM Curfew conditions.

Change to social worker or supervisor

Use the OT3 Changes to EM Conditions form and update the contact details – this is important as only those on the Corrections file receive the alert emails.

Deinstallation 

When the EM Curfew is coming to an end, we:

• arrange a time for disconnection with the rangatahi and their whānau or family or home support person where applicable
• complete the OT5 EM Deinstallation Request form in CYRAS and email it to Corrections to request disconnection – this must be submitted at least 48 hours before the required removal
• confirm the removal time with the rangatahi and their whānau or family or home support person where applicable
• attend in person when the tracker and beacon are being removed.

If we are unsure about any part of the process, we talk with our practice leader, Legal Services, the local Intensive Case Management Team or the Young Serious Offender practice leader.

We should consult with the Young Serious Offender practice leader whenever additional support, guidance and advice would benefit our mahi.
Email: yso@ot.govt.nz