Article From New Hanover Child Support Director
Electronic Monitoring as an Enforcement Tool
Reprinted with permission of the author.
Byline: Carla West is the Program Manager for Young Williams Child Support Services which operates the New Hanover County Child Support Enforcement Office in Wilmington, North Carolina. For more information, contact her at 910-343-5291 or cwest@youngwilliams.com
Does incarceration motivate non-custodial parents (NCPs) to pay their delinquent child support? The answer is “sometimes”, but incarceration has its drawbacks. When behind bars, NCPs are unable to work or seek work, and those without financial resources often fall further behind in their child support. The goal of enforcing a court ordered obligation is not to obtain a single payment, but to obtain ongoing support. Several of North Carolina’s counties have found electronic monitoring (EM) to be an effective enforcement tool that helps secure consistent child support payments from NCPs. Each of the counties uses the same basic principles, but operates its program in slightly different ways. In New Hanover County, our local child support office is collaborating with the District Court Judges, Pre-Trial Release, and a private electronic monitoring provider (Reliant Monitoring Services) to operate an EM program that encourages compliance with child support orders.
THE NEED
Late in 2001, the New Hanover County corrections system and the courts began searching for ways to reduce the escalating jail population without sacrificing effective law enforcement. In 2002 the County contracted with a private EM vendor (Reliant Monitoring Services) to run an EM program through pretrial release. While its initial purpose was to provide a cost-effective alternative to incarceration, the EM program has evolved over the past five years, and is now used by the Courts to enforce child support obligations in appropriate situations.
OVERVIEW OF THE PROGRAM
As local governments increasingly deal with jail overcrowding, there is a growing need for safe, viable, cost effective alternatives to incarceration. Programs such as pretrial release, electronic monitoring, and work release provide potential options. Before implementing these options, policy makers must be assured that: 1) the persons targeted for placement are not public safety risks and 2) each offender’s behavioral compliance will be monitored, enforced and reported. If these conditions are met, alternatives to incarceration such as EM have a very good chance of achieving sustained funding.
In New Hanover County, we are finding that closely supervising and influencing certain non-payers of child support through the use of electronic monitoring (EM) meets both of the aforementioned policy objectives. In addition, the use of EM is helping us collect both purge payments (to satisfy arrearages) and current support owed.
ADVANTAGES OF INCARCERATION
CSE Perspective
While incarceration still has its place in dealing with chronic non-compliant CSE cases, we all know the limitations that exist and the cyclical effect (incarcerate-purge-release) that often results. Early indications from out efforts are that the use of EM with CSE cases holds great potential for increased collection efficiencies that we are only beginning to explore. EM is a powerful tool: one that has implications for both creating behavioral change in participants and increasing CSE payments. EM allows the participant to find and continue employment, but restricts the participant’s community movements and schedule. As with any tool, finding the best manner in which to implement the use of EM is the important question for CSE policy makers.
Participant Perspective
Some EM participants quickly pursue purging the debt simply to avoid the increased supervision and personal accountability that comes with the program. Most participants feel that EM is better than jail even though they dislike the close supervision and scheduling controls. Therefore, these participants have some inventive to work towards and maintain compliance after termination from the EM program. If they do not participate successful with EM, they are fully aware that incarceration is still an option the CSE office will pursue.
Local Government Perspective
CSE cases are impacting jail-overcrowding issues for jurisdictions throughout the country. Delinquent NCPs are not generally viewed as public safety risks and officials responsible for funding the local jail typically prefer to reserve the use of jail beds for violent offenders. The EM alternative to incarceration for CSE cases is usually very well received by local government officials. In New Hanover County, the total loaded cost of EM (meaning equipment, monitoring, staff, and administrative infrastructure) has been estimated at just under $11 per day, compared with an $80 per day average cost of keeping an offender in the New Hanover Detention Center.
WHAT IS ELECTRONIC MONITORING?
Electronic monitoring is a general term that encompasses a wide range of systems and components. Several manufacturers contribute to this growing industry, offering a range of options that include home monitoring devises, wrist/ankle bracelets, field monitoring devices, and voice verification systems.
In New Hanover County, the technology used for civil cases (our CSE portion of the total EM caseload) is the standard radio frequency signal electronic monitoring system. While participating in the New Hanover EM program, and offender typically wears and electronic transmitter bracelet (which may resemble a watch) around a wrist or an ankle. Each offender transmitter emits a uniquely coded signal to a home mentoring device (HMD) in the offender’s residence. The device communicates through the offender’s phone line (or over a cellular network in some cases) with the central computer in a monitoring center 24 hours per day to ensure it is working properly and report whether or not the participant is within range of the HMD.
CSE participants in the EM program must be employed or actively seeking employment. They must comply with a routine schedule, as well as a curfew, which are entered into the web-based scheduling interface by our local EM provider and monitored for compliance. Computers are the central monitoring center notify our local EM provider 24/7/365 via pager and text messaging, and/or email if a signal indicates a deviation from the participant’s pre-approved schedule, or if any part of the system has been tampered with in an attempt to defeat its purpose.
NEW HANOVER COUNTY PROGRAM
The basic requirements for an individual to be placed on EM include a residence and a telephone, but other options are available. In New Hanover County, there are three levels of supervision. Level One EM includes the use of an electronic transmitter bracelet around the wrist or ankle. Level One NCPs are placed on a curfew and must receive permission prior to leaving home for any reason other than employment and professional appointments.
The second level includes manual monitoring through the use of a transmitter only. Individuals are still placed on a curfew but have more freedom than if they were on EM. NCPs earn this level after following the courts order and demonstrating a willingness to make regular and consistent payments towards their child support obligations,
The third level is pre-trial release without electronic monitoring. This level is the most lenient and allows the NCP to check in telephonically either weekly or monthly. NCPs advance to Level Three after demonstrating at least four months of consistent payments towards the court ordered support or two months of payments if the NCP becomes current and pays an amount towards arrears. Defendants can be moved up and down these three levels of supervision upon review of the Court; thus addressing both negative and positive paying behaviors.
Incarcerated NCPs are screened by Pretrial release staff prior to the court date/review hearing to gather and verify information regarding employment, residence, availability of a telephone for EM, and other pertinent information. If the individual has not been previously incarcerated, the courts may sentence the NCP to EM at the Show Cause hearing. Once an individual has been placed on EM, the program is explained both orally and in writing, and the need for consistent payments is emphasized.
Cooperation among the child support office, the court, pretrial release and the private monitoring vendor has been an essential part of the success of this program. Monthly communication between the monitoring personnel and the child support agency ensures that information regarding payments, new addresses, phone numbers and employment is updated and current. Review hearings are set for 60 days and a report is provided to the court with recommendations for transfer to amore lenient program (manual monitoring) for those that have made regular and consistent payments, either through their employers or on their own. The Modification of Pretrial Release Agreement is signed by the Judge and Child Support Enforcement Attorney, and the defendant is given a new review date. At the new review, the Court could place the Defendant back on the electronic monitoring or issue an Order for the Defendant’s Arrest. At subsequent review hearing the recommendation may be made to release the NCP from pretrial if payments have been consistent for more than 180 days (6 months). If the NCP fails to make payments, the Court has the option of sentencing the NCP to incarceration at the next review date. If the NCP fails to appear at any hearing, an Order for Arrest is issued. The child support agency is immediately notified if the NCP has committed any violations while on EM.
OUTCOMES
During the past twelve months, 141 NCPs have been placed on EM and 15 NCPs were immediately court ordered into pre-trial release without EM. From May 2006 to date, forty-five NCPs advanced to pre-trial release without EM for consistent payments. As of December 2006, sixty-two individuals were on EM and 42 ere on pre-trial release without EM. During the month of December, New Hanover County collected $14,367 from the individuals on EM and $14,333.00 from those who are on pre-trial release without electronic monitoring. In the past twelve months, $164,215 has been collected as a result of EM. $91,000 was collected on those cases that were placed on pre-trial release without EM for the same twelve-month period. Considering our caseload size of 6,500 cases, and our 2006 annual collections of $11.7 million, these numbers were very significant, and demonstrated that incarceration alternatives work in the child support program.
WHAT DOES THE FUTURE HOLD?
We are constantly seeking ways to expand use of electronic monitoring. The progress that has been made over the last five years has produced an increase in collections, a reduction in our jail population, and an increased awareness of the importance of paying child support regularly and consistently.
We are currently looking at implementing a job training and job search program, which would give us an opportunity to assist individuals with barriers to employment or to those individuals who are currently underemployed. A pilot program will be conducted in early 2007 to determine the success of such a program.
posted by Todd Edwards @ 8:30 PM
