Recommendation of Location Monitoring
When supervision of a person involves LM, procedural guidance endorsed by the Criminal Law Committee provides that the officer recommends the most cost-effective and least restrictive, yet appropriate, LM technology option available to the person under supervision. The level of restriction (i.e., component) and type of technology chosen should always depend on the risk level of the person under supervision; the higher the risk level, the greater the need for more restrictive LM equipment. The risk and needs of a participant on LM should constantly be reevaluated by officers to determine if the court should modify the type of technology or the component. Effective management will avoid the risk of under-supervising higher risk participants and over-supervising lower risk participants.
LM during pretrial release will likely be combined with pretrial services supervision and will usually be ordered for persons with identified issues such as failing to appear, sexual deviance, weapons possession, and violence. A location restriction condition should be recommended or selected if an individual charged with an offense poses such a risk that the individual’s presence in the approved home or their location in the community needs to be verified through LM technology.
For all offenses involving a minor child, as listed at 18 U.S.C. § 3142, the Adam Walsh Act requires that the court impose electronic monitoring and must impose a condition requiring the defendant to comply with at least a specified curfew (18 U.S.C. § 3142(c)(1)(B)(vii)). The judiciary has determined “specified curfew” as a court order establishing a curfew and its timeframe. However, if consistent with case law, the court may authorize the officer to establish the curfew timeframe. The judiciary has determined “electronic monitoring” to mean technology that is capable of continuous 24/7 monitoring. The imposition of this condition must be satisfied by using RF or GPS ankle worn technologies. Because GPS wrist-worn devices contain unique features, they may be used only if there is a verified medical condition that does not allow traditional ankle-worn GPS or RF devices to be installed. Although voice recognition and virtual mobile application are LM technologies, they are considered a low-risk alternative and considered periodic spot-checking location sampling, not continuous 24/7 monitoring.
Individuals who are enrolled in the Federal Location Monitoring (FLM) program during prerelease custody are to be placed on home confinement (i.e., home detention). To the extent practicable, prisoners with lower risk levels and lower needs are to be placed on home confinement for the maximum amount of time permitted under 18 U.S.C. § 3624(c)(2). The use of RF technology is recommended for FLM participants; however, as with any LM participant, the type of LM technology may be modified given the risk level, personal needs, and circumstances of the individual on LM with supervisory approval.
During post-conviction supervision, LM technology allows an officer to know when a person under supervision is in or out of the approved residence, enabling the officer to schedule community contact visits. Use of GPS technology allows officers to detect noncompliance, such as going into prohibited areas (e.g., parks, childcare, or near third parties protected by a court order). As with any individual subject to an LM technology, the type of LM equipment used will be based on the individual’s risk level.
The use of LM technology can be recommended as a sanction or action when addressing violations, but it should be recommended only to address specific risks associated with a violation. Again, the type of LM technology and component used will be based on the individual’s risk level.
In general, use of voice recognition or virtual mobile application technology is best suited for participants with lower risk and need levels, while RF and GPS equipment is the preferred supervision tool for higher risk individuals in need of enhanced supervision.
| Type of Technology | Operational Mechanics | Potential Limitation(s) | When Best to Impose* |
|---|---|---|---|
| Voice Recognition (VR) | An automated system that places and/or receives random and/or scheduled telephone calls to verify a participant’s presence at a particular location (e.g., residence, employment). | Requires a telephone landline. Does not record participant’s location outside the residence. Does not provide third-party risk notifications Officers are expected to investigate any violations within one business day, but a violation does not require an immediate response. | Best suited for monitoring lower risk, non-violent persons, because VR technology does not provide continuous 24/7 monitoring. May be used for participants who have medical/physical conditions prohibiting the use of traditional body worn LM equipment. |
| Virtual Mobile Application (VM) | An application (app) is downloaded to the participant’s mobile device. A participant receives a notification (random or scheduled) to their mobile device directing them to complete a “check-in” contact using two-factor authentication (e.g., facial recognition, fingerprint, and/or password), which uses the mobile device’s location services to report their current location or verify they are within a zone (e.g., residence). | Requires a mobile device (e.g., smartphone, tablet). Data plan preferred. If the participant is out of cellular and/or Wi-Fi coverage during a required “check-in”, the pending data is submitted when coverage becomes available. Officers are expected to investigate any violations within one business day, but a violation does not require an immediate response. | Best suited for monitoring lower risk, non-violent persons, because VM technology does not provide continuous 24/7 monitoring. May be used for participants who have medical/physical conditions prohibiting the use of traditional body worn LM equipment. |
| Radio Frequency (RF) | A non-removable, waterproof, and shock-resistant transmitter is affixed to the wrist or ankle of a participant 24 hours a day. The transmitter sends a constant radio signal back to a receiver (cellular or landline) in the participant’s residence. The transmitter reports only when a participant enters or leaves the equipment’s detectable range. The officer is automatically notified when equipment is tampered with when in range of the receiver or when the participant enters/leaves a specific location (residence). | Location data is only available for the location where the receiver is placed (residence) and does not report where or how far the person under supervision has gone if the participant leaves the receiver’s range. Violations cannot be detected when the participant is out of range of the receiver. If using a cellular unit, possible cellular service issues if the participant lives in or travels to a remote or mountainous area. | May also be used for individuals sentenced under the Adam Walsh Act and on a curfew. Recommended for individuals enrolled in the FLM program during prerelease custody. |
| Global Positioning System (GPS) Wrist Worn | A non-removable, waterproof, and shock-resistant GPS tracker is affixed to the wrist of a participant 24 hours a day. The participant is required to charge the GPS tracker at least daily or as directed. The participant’s location is detected by GPS satellites, cellular towers, and/or Wi-Fi. GPS trackers receive satellite signals; they do not transmit, nor do they require an unobstructed view of the sky. GPS operations depend on an accurate time reference, which is provided by atomic clocks. Each GPS satellite transmits data that indicates its location and current time. | Limited tamper detection capabilities compared to a GPS ankle-worn device. Reduced GPS tracking data compared to GPS ankle-worn devices. This system involves close monitoring of the data by the supervising officer and can be labor intensive for officers (monitoring participant’s movements 24/7). Participant required to charge their GPS tracker daily or as directed. Possible cellular/GPS service issues if the participant lives in or travels to a remote or mountainous area. | When enhanced supervision is needed and the whereabouts of the person under supervision must be monitored when the participant leaves the approved residence. Best suited for nonviolent persons or those without third-party risk factors. May also be used for individuals sentenced under the Adam Walsh Act with a verified medical condition that prohibits ankle-worn devices. |
| Global Positioning System (GPS) Ankle Worn | A non-removable, waterproof, and shock-resistant GPS tracker is affixed to the ankle of a participant 24 hours a day. The participant is required to charge the GPS tracker at least daily or as directed. The participant’s location is detected by GPS satellites, cellular towers, and/or Wi-Fi. GPS trackers receive satellite signals; they do not transmitter, nor do they require an unobstructed view of the sky. GPS operations depend on an accurate time reference, which is provided by atomic clocks. Each GPS satellite transmits data that indicates its location and current time. | This system involves close monitoring of the data by the supervising officer and can be labor intensive for officers (monitoring participant’s movements 24/7). Participant required to charge their GPS tracker daily or as directed. Possible cellular/GPS service issues if the participant lives in or travels to a remote or mountainous area. | When enhanced supervision is needed and the whereabouts of the person under supervision must be monitored when the participant leaves the approved residence. Best suited for moderate- to high-risk participants with a history of violence/ sex offenses or those with a third-party risk, as this technology provides continuous 24/7 location monitoring. May also be used for individuals sentenced under the Adam Walsh Act and on a curfew, but GPS should not be the default technology for these cases and an individualized assessment should be done. |
| * The most cost-effective and least invasive, yet appropriate, LM technology option available to the person under supervision should always be recommended, and the risk and needs of a participant should constantly be reevaluated by officers to determine if the court should modify the type of technology and the component. | |||
Sample Condition Language for Court Orders
The following language may provide guidance when imposing a LM condition. While this section includes sample language that is intended to be clear and legally sound, there may be cases where the court or the parties determine that different language is necessary to account for the individual circumstances in that case. There may also be case law in individual circuits requiring variations from the sample language. For instance, circuits vary in the level of specificity required in conditions to prevent over-delegation of authority to officers. Each district should fashion LM condition language in a way that comports with circuit case law requirements.
To help maintain manageable LM caseload sizes, the AO provides caseload size guidelines for courts to consider. The AO, however, also recognizes that each office will ultimately have to make its own decision as to what caseload size is appropriate based on the circumstances of the office and nature of the case.
Pretrial Release
Sample language for imposition of a condition of LM is available in AO Form 199B (“Additional Conditions of Release”).
Post-Conviction Supervision
The following is sample language the court may use when imposing a condition of LM on a person under post-conviction supervision1:
You shall participate in the Location Monitoring Program for a period of __ days utilizing __ technology and shall abide by all program and technology requirements.
___ The location monitoring technology chosen at the officer’s discretion.
___ GPS Monitoring;
___ Radio Frequency (RF) Monitoring;
___ Virtual Mobile Application;
___ Voice Recognition; or
This form of location monitoring technology will be used to monitor the following restriction on your movement in the community:
__ You are restricted to your residence every day from ________ to _______ or as directed by the supervising officer (curfew).
__(Pretrial) You are restricted to your residence at all times except for employment; education; religious services; medical, substance abuse, or mental health treatment; attorney visits; court appearances; court-ordered obligations; or essential leave activities as preapproved by the officer (home detention).
__(Post Conviction) You are restricted to your residence at all times except for employment; education; religious services; medical, substance abuse, or mental health treatment; attorney visits; court appearances; court-ordered obligations; or essential and discretionary leave activities as preapproved by the officer (home detention).
__ You are restricted to your residence at all times except for medical necessities and court appearances or other activities specifically approved by the court (home incarceration).
[You shall pay ____ (all, part, or none) of must pay the costs of the program, including equipment loss and damage, as directed by the Court and/or supervising officer.]
Installation of Location Monitoring
Under procedural guidance endorsed by the Criminal Law Committee, once the LM technology to be used is determined, officers are required to install the technology at the participant’s residence or visit the participant’s residence following an in-office installation to ensure proper installation, verify equipment placement, limit tampering, limit alerts due to improper installation, verify electrical service, verify cellular and/or GPS signal strength, and conduct a range test, if applicable.
For persons who receive LM as a condition of pretrial release, the installation must be completed on the same day as the court orders bail or the same day the individual is released from custody, unless the court approves a delay.
For persons who receive LM in the post-conviction phase of their federal case, officers should install the LM technology as soon as possible but not later than 10 business days from the court’s order. LM technology for higher risk post-conviction participants, including persons convicted of, or who have a history of, sex offenses and any participant with a history of violence, should be installed immediately or as soon practicable. Participants in the FLM programs should have their LM technology installed immediately upon release from prison or a halfway house.
During any instance of delay of a home visit following an in-office installation due to long-distance travel or after-hours safety concerns, the supervising officer may place the transmitter/tracker on the participant in the office, and the participant may be authorized to complete the receiver/base station installation at the participant’s residence (self-installation), with supervisory approval. Under procedural guidance endorsed by the Criminal Law Committee, the officer is required to conduct a home visit to verify proper installation within 10 business days (excluding high-risk participants, sex offenders, and/or persons charged with a sex offense and participants with an identified third-party risk. In these cases, a same-day residence assessment is required, unless staffed and waived by a supervisor).
Maintaining Contact with Persons on Location Monitoring
Under procedural guidance endorsed by the Criminal Law Committee, the supervising officer is required to conduct a personal community contact with the person on LM every 30 calendar days. This personal contact is necessary to inspect the monitoring equipment, verify equipment functionality, collect verifications, and obtain substantive information from individuals in the community who can best provide insight into the participant’s activities, behavior, and overall compliance with the program regulations and conditions of supervision. For lower risk monitoring cases, in which the participant poses no threat of harm to the community, the 30-day personal community contact may be waived for up to six months with supervisory permission, and if the participant is in full compliance.
Monitoring Location Monitoring and Responding to Alerts
To ensure compliance with the LM program restrictions, LM technology records the participant’s presence at specific locations during prescribed hours. LM technology is required to track and report key events to the probation or pretrial services officer. Alert notifications on key monitoring events are reported to the officer based on procedural guidance that has been endorsed by the Criminal Law Committee. The procedural guidance establishes time frames by which officers receive alerts and defines those alerts that require immediate responses.
Under procedural guidance endorsed by the Criminal Law Committee, all officers are required to receive and respond to LM alerts 24 hours a day, 7 days a week. Individual case oversight varies based on the type of technology used for LM.
In addition, officers are required, under procedural guidance endorsed by the Criminal Law Committee, to review monitoring reports and GPS mapping daily (7 days a week) for all persons with a history of sex offenses or persons who have been charged with a sex offense in the location monitoring program. The remaining cases require a daily report review each business day. The monitoring reports and GPS mapping review can often reveal patterns of behavior, technology issues, or non-compliance with adherence to program rules.
The following chart reflects an officer’s required tasks based on each type of LM technology.
| Officer’s Required Task | GPS | RF | VR | VM |
|---|---|---|---|---|
| Daily review of GPS maps/movement | X | N/A | N/A | X |
| Chronological notation of GPS map review | X | N/A | N/A | X |
| *Zone Management | X | N/A | N/A | X |
| **Investigate drift points | X | N/A | N/A | X |
| Immediate in-person inspection of GPS tracker upon complete power loss | X | N/A | N/A | N/A |
| Monitor equipment charging behaviors | X | N/A | N/A | X |
| Monitor of beacon/receiver placement in the residence | X | X | N/A | N/A |
| In-person equipment inspection at every personal contact | X | X | N/A | X |
| Daily review of monitoring reports | X | X | X | X |
| Weekly chronological notation of daily report review | X | X | X | X |
*If GPS or Virtual Mobile Application technology is used, the officer must create at least one inclusion zone and monitor inclusion and exclusion zones based on the case specifics and risk factors. Inclusion zones are geographical areas in which a participant’s presence is required during prescribed times (e.g., residence, treatment, district, state). Exclusion zones are geographical areas from which a participant is excluded (e.g., schools, parks, casinos, victim’s residence). If the GPS tracking device leaves an inclusion zone without permission or enters an exclusion zone, an immediate alert is generated and requires an immediate officer response and investigation.
**GPS drift points can be the result of the following: thickness of the ionosphere, satellite orbit, humidity, or multi-path distortion (GPS bouncing off buildings). The GPS tracker or Virtual Mobile Application will send an alert to an officer indicating that the participant may have left the approved residence for a short period of time. The officer must investigate the alert for noncompliance and analyze the GPS points for the number of GPS satellites creating the point, point speed, and the pattern of movement.
Last Updated: December 2024
Explore the other sections of the Location Monitoring Reference Guide.
1 The sample language, which was endorsed by the Criminal Law Committee, is also available on the United States Courts website. See Overview of Probation and Supervised Release Conditions document, available at https://www.uscourts.gov/services-forms/overview-probation-supervised-release-conditions.