A New Tool in the Fight Against Domestic Violence: NJ Electronic Monitoring Pilot Program
In Ocean County, Bill S1385, also known as “Lisa’s Law,” intends to set up a 4-year program to use electronic ankle monitoring (EM) as a means to monitor domestic violence offenders. Letizia Zindell was a victim of domestic violence in Tom’s River who was killed by her ex-fiancée. The law was initially passed in 2015 in the New Jersey Assembly and in the Senate, but it was vetoed by Gov. Chris Christie, who cited “significantly limited” technology and potentially giving victims “a false sense of security” as his reasons for rejecting the law. Now, it has returned, and with more effective tools and technological acumen, the program is ready for approval.
Protection orders are frequently used in cases of domestic violence to prevent further violence and mistreatment of the victim. Unfortunately, a restraining order does not warn victims if the offender is waiting by their car or on their front porch. According to a national study done by the National Institute of Justice, using a sample group of 2,008 women, one-quarter experienced continued contact after obtaining a protection order through threats, intimidation, stalking, and other forms of harassment. In contrast, 11% experienced physical abuse, some repeatedly. According to the study, there was a strong correlation between the severity of abuse and the offender’s charges. Violent crimes, illegal substance and alcohol-related crimes, access to weapons, and career criminals with a history of violence were found to be the most common charges with repeat offenders of domestic violence.
How Ocean County’s Electronic Monitoring Program for Domestic Violence Offenders Works
It will run for four years in Ocean County with a budget of $4.5 million. Defendants in the program will be charged maintenance and material fees, a $250 monitoring fee, and $200 for every instance of domestic violence. An ankle monitor is placed on the domestic violence offender. Using GPS information, their location can be monitored. Having been set up with a restricted perimeter around the victim, if the offender crosses that perimeter, the authorities will be notified and they will contact the victim.
About Ankle Bracelets in Domestic Violence Cases
In domestic violence cases, it is common for GPS monitoring to be used to enforce restraining orders through ankle bracelets or smartphone apps. If the individual against whom the restraining order is issued goes near the victim or into a prohibited area, law enforcement is alerted. Ankle bracelets are the most prevalent type of GPS monitoring device used to monitor individuals subject to a restraining order. It is important to note, however, that not all individuals subject to a restraining order will be ordered to wear an ankle bracelet or utilize an other form of GPS monitoring. Ankle bracelets allow for continuous monitoring to track the individual’s location when the court determines such measures are needed to ensure the safety of the victim. It may also be a term of the individual’s probation to wear an ankle bracelet.
Alternative Approach to Electronic Monitoring through Smartphone Apps
As an alternative approach, smartphone apps can sometimes be used to monitor the location of the accused. There are pros and cons to this type of device. On one hand, they can provide additional tools to law enforcement, like the ability to set up geofences or virtual boundaries around a particular area. If the individual goes into the area, then law enforcement is notified. However, because a phone is not attached to the accused’s body, it is easier to circumvent this method of monitoring by simply leaving their phone at home or anywhere else.
Determining Eligibility for Electronic Monitoring in Domestic Violence Cases
The victim of domestic violence must agree to participate in the program. In fact, if the victim agrees initially and then wants to rescind their permission, they must wait until there is a hearing to resentence the offender. There are several factors the court must consider before assigning electronic monitoring. The level of violence with which the defendant committed an act of domestic violence with a restraining order in place and any previous history of domestic violence offenses are taken into consideration. The defendant’s access to a weapon, threats to kill themselves or someone else, a history of substance abuse or mental illness, and an interest in the safety of minor children are also important factors.
Exploring the Potential Value of Electronic Monitoring to Protect Victims
The most valued benefit is safety to the community, especially the victims of domestic violence. As valuable as a restraining order can be, it does not prevent a door from being broken down or a person from being threatened with a weapon. An EM system will alert the police and the victim when there is a breach of the perimeter and that can provide valuable time to protect the victim. Additionally, if a defendant knows they are being monitored, it may deter them from violating the restraining order and getting another contempt charge. The program holds the defendant accountable and affords them the opportunity to follow court orders and show the court they can follow the rules.
The Challenges and Concerns of Electronic Monitoring Programs for Domestic Violence Offenders in New Jersey
Privacy could be a concern. A defendant may not want a monitoring system tracking their every move, as it may feel invasive. Victims may request that monitoring cease, or may not want to participate in the program at all for similar reasons. Unfortunately, many victims of domestic violence reincorporate the offender into their lives because they share children, expenses, and a relationship, however broken. Without monitoring, there is no evidence for the police to know the restraining order is being ignored. Abuse is cyclical, and until that cycle is interrupted, it may not end until the consequences are dire.
In terms of technology, today’s monitoring systems are much more effective than when this bill was first conceived in 2015. The use of satellites can pinpoint a GPS tracker within a few yards of its receiver. Unfortunately, tampering with the device or a temporary loss in signal can result in a useless tracker. Most devices will set off an alarm with the monitoring team that can be investigated. Another concern is manpower. This bill places monitoring and patrolling for users who breach the forbidden perimeter on the police. The police require hours of special training and domestic violence victim classes. Many police officers feel the strain from their regular duties, and adding on to them may be too much.
Get Answers and Legal Guidance on Domestic Violence Ankle Monitors From NJ Attorneys
The Tormey Law Firm can support the use of EM as an alternative to incarceration, especially for clients who demonstrate they are not a threat or a flight risk. New Jersey has recognized the value of using other resources besides incarceration to reduce crowded prison conditions and offer better rehabilitation options. We realize that this program may not be right for everyone. Perhaps you feel the monitoring system is against your rights. Knowing that your every move is being watched and noted can be unnerving. If you are a victim, you may feel uncomfortable and as though your privacy is being violated. In either case, you can contact us right now for answers to your questions.
We assist clients with domestic violence and restraining order matters in Hackensack, Fort Lee, Paramus, Somerville, Bridgewater, Elizabeth, Cranford, Brick, Middletown, East Brunswick, Little Falls, and other areas throughout New Jersey. If you want more information about how we can help you, contact us at (908)-336-5008 to talk to a lawyer free of charge and entirely confidentially.
