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system based on risk assessment. The visit led to development of a parallel
pilot for risk assessment-based bail decision-making. This pilot was planned
and implemented by a different team of judges and court officers, and
started in early 2016 in 10 participating courts. Predictably, the EM and
assessment-based pilots ran into turf issues. When the EM team started
planning its project, the risk assessment team had already selected ten courts
for its pilot, and the assessment group proposed that EM be piloted only in
the ten participating courts. The assessment team argued that EM was
neither appropriate nor necessary for offenders who have a minimal risk of
flight or reoffending. The EM bail team disagreed; they interpreted the new
enabling legislation as a mandate to reduce the inequity of the bail system,
not to end it altogether, and that any offender who previously would have
been subjected to a cash or surety bond should be offered the EM option.
At first, to avoid conflict between the two pilots, executives in the Office of
the Judiciary allowed the projects to be developed independently. Eventually,
however, it was decided that the two projects should be merged, so as not
to create confusion among participating courts. The 23 courts recruited to
join the initial EM bail project, then, would also include the 10 courts of the
risk assessment pilot.
Contracts were concluded in mid-2017 and the first were delivered to
the Office of the Judiciary in January 2018. The first EM çbondsé were issued
in March 2018. The program would run for one year, and then be evaluated.
While waiting for the delivery of devices, an Electronic Monitoring Centre
(EMC) was established and staff trained and stationed in the center. The legal
team in the Office of the Judiciary, of which I was a member, prepared a
manual for judges and court officials in operating the system. Although the
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