A curfew is a condition that the Court may impose on anyone sentenced to Probation thereby restricting movements. It requires one to remain indoors for a specified period of time for example from 6:30 pm to 6:30 am.

Curfews are given to mainly juvenile probationers however, there have been instances when adult probationers have received curfews as a means of social control. Exceptions are provided for probationers who are going to or from a school or religious event, or who are accompanied by parents. In these circumstances the parent must first notify the Probation Officer that their child will not be at home and of the location where the Officer may find the probationer. Sometimes Officers go to the said functions and youth groups to corroborate the information given by the parent. In some cases parents have been found not to be truthful about the whereabouts of their child.

Currently, curfew checks of probationers are done by officers of the Department. The checks are done on random days and times. If the probationer is at home he/ she is required to sign a form including the date and time. The officers then will check the box indicating that the client was at home and sign the report. If the parent or an adult at the home states that the probationer was given permission by the parent to be elsewhere, the unconfirmed box will be checked and notes written accordingly. In this case the parent/adult will sign and write the relationship to the probationer. If the probationer is not at home or he/she did not have permission from his/her parents to be elsewhere, a letter is left informing him/her of an appointment date and time to see the officer. Not being home at the time of curfew can result in the probationer being issued a violation letter.

Some probationers leave home after officers have conducted their checks, as is evident when officers sometime recheck later and find the client is not at home. At other times clients have been found in pictures circulating on the internet at parties and other events. Sometimes the probationers with curfew conditions are found at functions where officers are also present. To monitor probationers who are on curfew more effectively the department looks forward to one day implementing electronic monitoring.

Electronic monitoring is a system of tagging. A probationer with a curfew will be required to wear a waterproof tag, most often referred to as an ankle bracelet, and will have a box called a Site Monitoring Unit set up at the place his/her Court Order says they must stay during the time of the curfew. An officer will visit the probationer’s home and install the tagging equipment. Photo identification will be required to ensure that the correct person is tagged. The box must be connected to electricity at all times and will report the probationer’s compliance with his/her curfew to a monitoring centre. If for any reason electricity goes the box will continue to monitor the probationer as it has a back-up battery.

Madea and other television shows that indicate that the tag can be removed and placed on an animal is certainly not the case. The tag has micro fibers that when it is tampered with or damaged immediately tell the monitoring box which will report it to the monitoring centre. The Site Monitoring Unit box should never be moved as it will also notify the Monitoring Centre that it is moved or is being tampered with. The Monitoring Centre will then telephone the phone connected to find out what happened and an officer may visit the probationer's home to verify what happened any time during the curfew even after midnight. If the probationer or anyone else damages any of the equipment, or fails to abide by his/her curfew conditions, he/she can be taken back to Court. Probationers can be held responsible for the damage to electronic monitoring equipment.

It is expected that a Probationer on Curfew:
• Resides at the place of curfew during the times given
• Does not go out unless permission has been given by the relevant authority

• Always answers the telephone connected to the box as the Monitoring Centre may be trying to talk to him/her
• Tells the Monitoring Centre immediately of problems with the telephone, electricity or monitoring equipment

Probationers must not:
• Leave the place of curfew or arrive late after the curfew time given
• Try to break or remove any of the monitoring equipment or allow anyone else to do so. The probationer will get the blame if it is damaged
• Unplug the electricity supply or telephone
• Move the monitoring box or put anything on it

Next week’s article will be about decision-making.

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