April 1998 - september 2000 - Pilote project (30 months - 72 offenders) Board of Ministers decides in June 2000: National implementation of EM in Belgium goal : 300 EM on a daily basis within 3 years 1996 - Minister of Justice De Clerck - experiment
Wednesday 6 november 2002: 300 EM Goal is reached in 2 years time.
Board of Ministers april 2003: 450 EM on a daily basis Governmental Aggreement after latest elections of juli 2003 EM population has to be expanded with 1000 units on a daily basis ReïntegrationControl of prison overcrowding Board of Ministers September 2002: EM capacity on a daily basis has to be raised to 600 Board of Ministers October 2003: Approval of budget for expansion to 450 EM on a daily basis
Legislation Ministerial Circular Letters M.O. 1680/IX (26/11/1997) M.O. 1683/IX (27/3/1998) M.O. 1692/IX (27/11/1998) M.O. 1720 (13/10/2000) : Creation of the National Center for EM M.O. 1720 bis (29/11/2000) M.O. 1720 ter (22/2/2001) M.O. 1727 (12/4/2001): + zelfaanbod (no translation: to describe) M.O. 1741 (8/4/2002) + erratum (16/4/2002) M.O. 1745 (6/8/2002): health insurance M.O. 1746 (9/8/2002) M.O. 1751 (8/11/2002): economic support for those without subsistence minimum M.O. 1746 bis (26/11/2002) M.O. 1751 bis (15/1/2003) M.O. 1751 ter (7/2/2003) M.O. 1761 (30/12/2003)
Definition (as foreseen in the Belgian legislation) Electronic Monitoring... is a form of execution of the prison sentence whereby use is made of electronic means to control during a fixed term the presence of severely selected offenders, outside the prison and on previously agreed places and times. In that sense EM has all the characteristic features (in a measure) of a prison sentence.
Offender criteria Criteria of exclusion: * sex offences (with minor age victims) * trade of human beings * offenders without residence permit Counter indications: Î REHABILITATION POTENTIAL Î PERSONALITY Î CONDUCT IN PRISON Î RISK AT COMMITTING NEW OFFENCES Î RISK AT THREAT OF PHYSICAL INTEGRITY THIRD PARTIES Î INCOMPATIBILITY OF FAMILY CONTEXT WITH EM Î INCOMPATIBILITY OF THE NATURE OF THE OFFENCE(S) COMMITTED WITH EM (e.g. organised drug trade) Î ATTITUDE TOWARDS VICTIMS General conditions: * housemates have to agree (>18years) * usefull occupation * fixed abode and telephone line
Prison Sentences < 3 year Assessment phase in view of E.M. (zelfaanbod + < 1 year) General procedure (provisional release) Prison Sentences > 3 year Conditional Release -procedure End of the complete prison sentence Procedure - Categories
Selection phase Selection phase Investigation by Social Workers of the National Center for EM home/social environment agreement housemate(s) advice EM Decision prison governor or administration of Prison Service conditions
The placing of offenders under EM PRISON MOBILE TEAM NCET SECURIS Role of the private sector is very limited in Belgium !!! Agreement Warrant Tag (prison) Home Monitoring Unit (at offenders home)
Execution Controle monitoring service of the NCEM Guidance social service of the NCEM
Successful completion rate 81 % in 2004 possible reason for an anticipated end of EM: disciplinary reasons (large majority), a new sentence, medical reasons or re-offending (minority) Taking in account the few exclusiongrounds for offenders, the result is very positive. Since the start of EM in Belgium, no major incidents have occured. The overall opinion of the belgian public and press regarding to EM is positive.
Future of EM in Belgium? Board of Ministers april 2003: 450 EM + 1000 EM (july 2003) EM as an autonomous sentence? (1 april 2004)
Ongoing research on EM internal research : exploratory research on the opportunities of EM as an autonomous sanction (cfr. Community sanction) external research : evaluative research of 5 years EM in Belgium