You asked whether the state has the authority to require parolees to be electronically monitored. If so, you asked whether it is doing so.

SUMMARY

The Board of Pardons and Paroles (board) has “independent decision-making authority to…establish conditions of parole or special parole supervision in accordance with section 54-126” (CGS § 54-124a (f)). This broad authority appears to include the power to impose the conditions you specified in your question.

We spoke with Gary Barwikowski, a Department of Correction parole supervisor in the Hartford regional office who provided us with the information continued in this report about the electronic monitoring the board uses.

The state has used electronic monitoring of some parolees for at least 18 years. This type of monitoring requires the parolee to wear either a bracelet or anklet at all times and to have a monitoring box placed in his residence. The board determines the hours during which the parolee must remain in his residence and the box is programmed to reflect that schedule. If the parolee is absent from his residence during a period when he is required to be there the device automatically notifies the

electronic monitoring service provider the state contracts with. The provider prepares a report concerning the violation and electronically transmits it to the appropriate parole office and officer.

Beginning January 2006 the Hartford regional parole office (the state has five regional offices) began a pilot program using global positioning system (GPS) electronic monitoring for certain sex offenders. The system requires the parolee to wear a bracelet or anklet and to carry a separate device called a transponder. The system allows the board to program geographic as well as curfew conditions into it. For example the system can be programmed to show a violation whenever the parolee comes within a certain distance of a school or a day care center. This system sends data to the service provider indicating exactly where the parolee went and what time he was there. It indicates a violation if the parolee violates either a geographic or curfew condition of his parole.

Just as in the case of the more traditional electronic monitoring, the service provider prepares a report on each parolee and electronically transmits it to the appropriate parole office and officer the next business day. The officer reviews it that day or the next day he is back to work.

Both types of electronic monitoring can be set up as “active” or “passive. ” The active type is designed to give real-time reports to parole officers of a parolee's violation. Thus far the state has not contracted for this type of system. The state has contracted for the passive mode, which provides violation reports to the appropriate parole officer the next day.

Either type of system can be defeated by either cutting or removing the anklet or bracelet. If a parolee cuts it to remove it, a signal is immediately transmitted to the service provider. If a parolee is able to remove it and subsequently put it back on, no violation notice is sent. Apparently only a very small number of offenders, primarily female, has been able to remove it without cutting it.

Currently there are 10 parolees being monitored by the GPS system. We have requested information about the current number being monitored by the traditional system and for data about the number of parolees monitored in recent years. As soon as we receive it we will provide it to you.

BOARD OF PARDONS AND PAROLES

The Board of Pardons and Board of Parole is part of DOC for administrative purposes only. DOC provides certain administrative services to the board; it otherwise operates autonomously. DOC is responsible for supervising parolees and administering the Interstate Compact for Adult Offender Supervision.

The board has “independent decision-making authority to…establish conditions of parole or special parole supervision in accordance with section 54-126” (CGS § 54-124a(f)). This broad authority appears to include the power to impose the conditions you specified in your question.

CGS § 54-126 authorizes the board to establish such rules and regulations under which a prisoner may be paroled. It also authorizes the parole panel for a particular case to establish special conditions for the parolee. It requires the board chairman to enforce these rules, regulations, and conditions and to revoke parole for any reason that the panel, or the chairman with the panel's approval, deems sufficient.

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