Date: Mon, 29 Dec 1997 19:54:35 GMT Server: Apache/1.2.4 Last-Modified: Wed, 15 Oct 1997 00:08:12 GMT ETag: "1816aa1-2009-3444096c" Content-Length: 8201 Accept-Ranges: bytes Connection: close Content-Type: text/html JurisMonitor Case Study
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Case Study:

Using JurisMonitor to Monitor Stalking Offenders

By: George Wattendorf, Prosecuting Attorney

Introduction

The JurisMonitor electronic monitoring program can be an effective bail supervision tool for stalkers. In the State of New Hampshire, violating protective orders and first offense stalking are misdemeanors. As a general rule, misdemeanor offenders are not detained prior to trial and are often released on signature bonds. Courts will impose conditions of release, including no contact and other traditional bail conditions. In Dover, New Hampshire we have successfully added the JurisMonitor program as a bail condition in these types of cases since March 1993.

Typical Offender

The typical offender has been arrested for stalking by trespass or trespassing in violation of a Court Protective Order. He or she is usually a first time offender and is an ex-boy/girlfriend of the victim.

Most often, the offender has gone to the victim's place of residence in hopes of persuading the victim to reconcile. The victim instead contacts the police.

Initial Court Appearance

At arraignment, an offender is charged with a misdemeanor stalking, or under the domestic abuse statute for violating a protective order. Bail is usually set at $2,000 up to $10,000 cash or corporate surety.

If after being consulted, the victim indicates a willingness to have an alarm monitor at the residence, the Prosecutor will indicate to the Court that the offender is an electronic monitoring candidate and that the condition may be requested as a condition of bail. The judge will then suspend the bail hearing or reschedule.

The defendant will be asked for volunteer participation, in exchange, the prosecution will recommend a recognizance bail with conditions.

Bail Order Requiring JurisMonitor

If the defendant signs an acknowledgment agreeing to reimburse the daily fee, agrees to attend stabilization counseling and cooperate with all conditions, the Prosecutor will recommend that the Court order the defendant to participate as a condition of bail.

Some typical bail conditions would be as follow:

  • Stay 100 yards radius away from victim and victim residence.
  • Participate in counseling.
  • Report for inspection to the Department of Corrections as directed by P.O.

The average time on the JurisMonitor is less than ninety (90) days.

Coordination with Victim and other Community Agencies

Once a JurisMonitor order is authorized, a community response is required to insure victim safety and offender accountability.

First, an advocate works with the victim to install the alarm, explain the system and test it. Victims are encouraged to develop a safety plan and not to depend on the alarm system alone. A local shelter is notified if requested. A donated cellular phone (pre-programmed) is given to the victim when he/she is mobile. Next, the police probation, counseling and monitoring center are faxed a completed form with all relevant information together with the Court order. A project coordinator is identified as a contact person. The team communicates on an as need basis.

Experience

Over the years Dover has used the system, we have had two violations. Both offenders were arrested and both pleaded guilty to jail sentences.

Approximately twenty (20) offenders have participated in JurisMonitor and did not re-offend by trespass. There was one case where the offender removed the ankle device and fled the jurisdiction.

While in some cases the JurisMonitor was appropriate, the victim refused or the defendant elected to post a high bail. In a few cases (offender suicidal, psychotic, etc.) the offender was rejected as a candidate. Some offenders chose to remain incarcerated.

Conclusion

Overall, the JurisMonitor program has been a success. In the majority of cases it has served as a strong deterrent to re-offending by trespass. In the few cases where there was a violation, the technology and coordinated response system worked well.

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This page was last modified Tuesday, October 14, 1997.