ELECTRONIC MONITORING OF DOMESTIC VIOLENCE OFFENDERS

Electronic surveillance system/”bracelets”

The use of the electronic monitoring system is currently the most effective protection measure for victims of domestic violence: on the one hand, it discourages the aggressors’ vindictive tendencies and, on the other hand, it ensures prompt police intervention in case of imminent danger for the victims. In this case, the system automatically generates an alert in the emergency dispatcher operated by the Police, which is forwarded to the intervention teams. Thus, it is no longer necessary to call the Single National Emergency Call System 112 or other similar activities to notify law enforcement authorities.

This form of supervision makes it possible to monitor how the supervised person complies with the obligations imposed by: the provisional protection order, the protection order, the European protection order, as well as in the case of judicial supervision, judicial supervision on bail or the enforcement of house arrest, remote surveillance.

In cases of domestic violence, a temporary protection order (TPO) may be issued against the aggressor for a maximum of 5 days by police officers who identify the existence of a dangerous situation for the victim, when they are notified of the commission of an act of verbal, physical, psychological, economic, religious, sexual, cyber or social violence. At the request of the victim or the relevant institutions, the court can issue a protection order (PO) for up to one year. In both cases, TPO or PO, for the monitoring of compliance with the obligations ordered to the aggressor, the victim is asked if he/she also wants electronic surveillance for the aggressor.

The use of this monitoring system is only done with the express consent of the victim. To ensure protection, the victim must request electronic monitoring from the police or the court. She is given a special cell phone designed to generate alerts in case the person under surveillance approaches closer than the set distance.

Caution! For his/her own protection, the victim will have to carry the special phone given to him/her by the police and make sure it is always charged.

The monitoring system actually has the following components:

• A bracelet (consisting of a watch-sized device and a strap), which is fitted by a police officer on the ankle of the person under surveillance or on the arm, when an ankle-worn device is not physically possible or is medically inadvisable. The bracelet will only be removed by the police officer (i.e. the technical operator). Any unauthorized intervention on the bracelet, to remove or damage it by forcing, cutting, etc. will result in an alert being triggered in the police-operated emergency dispatch;
• A mobile device (cell phone) which is handed to the person under surveillance and with which location information is obtained in case of an alert. It is interconnected with the bracelet. If the phone has no battery charge or is too far away from the bracelet, a malfunction alert will be sent;
• A mobile device (cell phone) that is handed to the protected person and is intended to trigger the proximity alert when the supervised aggressor breaches the protection distance established by the provisional protection order/protection order. When the proximity alert is triggered, the protected person receives information on the mobile device (audible and visual alert as well as the location of the person under surveillance). The protected person will be contacted immediately by telephone by the police officer from the emergency dispatch, who will give him/her guidance, so as to ensure his/her protection until the arrival of the police, regardless of the day or time.

If the protected person is a minor under the age of 14 or a person lacking discernment, the consent to the use of the electronic supervision device shall be expressed by the legal representative, unless the only legal representative is the person under surveillance, in which case the consent shall be expressed by the representative of the social services department.

The communication of the police officer with a person under surveillance or protected person, who does not speak or understand Romanian, regarding the electronic surveillance procedure, shall be made in a language that he/she understands, if the police officer knows that language, or through a certified interpreter.

Once the electronic surveillance devices are installed, police will check their integrity. The check of the electronic surveillance devices assigned to the person under surveillance may be carried out without notice, at any time of the day, periodically or on request, at the premises of the supervising body or at another place decided by the supervising body. The period between two successive checks without notice may not exceed 7 calendar days.

If an alert is generated, the emergency dispatcher operated by the Police automatically receives:

• the real-time location data of the electronic device of the person under surveillance, from the moment the alert is triggered;
• the real-time location data of the electronic surveillance device held by the protected person from the moment the alert is triggered;
• the location data of both persons, dynamically updated (if the aggressor or the victim moves and their coordinates change);
• the location data of the electronic surveillance device worn by the person under surveillance, for the last 24 hours before the alert was triggered.

If a proximity alert is generated, the person under surveillance shall immediately:

• report to the nearest law enforcement officer on duty;
• contact the surveillance body by telephone and follow its instructions;
• move away from the protected person.

If a malfunction alert is generated, the person under surveillance shall immediately:

• report to the nearest law enforcement officer on duty;
• contact the surveillance body by telephone and follow its instructions;
• if applicable, move away from the protected person.

If a malfunction alert is generated, the police will also contact the protected person.

Electronic surveillance devices are intended to protect the life and physical and mental integrity of the protected person. Data and information provided/stored as a result of their use may not be used for any other purpose.

The persons using these devices can only be visualized and identified in the electronic system managed by the police if (malfunction or proximity) alerts are generated. Both the victim and the aggressor are not tracked where and when they move during the period for which the measure is ordered.

The information stored in the electronic system, once the proximity alerts are generated, constitutes evidence in support of the complaint lodged for breach of the provisional protection order or protection order.

In the event of a proximity alert, the intervention of law enforcement authorities is prioritized towards the protected person in order to ensure his/her protection. Subsequently, they will also travel to the location of the supervised person.

Electronic monitoring is carried out only on Romanian territory. Persons under surveillance or protected persons leaving the territory of Romania must inform, in advance, the surveillance body about the intention to leave the country and about the return to the national territory. In this case, the person under surveillance must hand over the electronic surveillance device at the border crossing point at the exit from Romania, with its removal being carried out by the Romanian Police staff. Upon entry into the country, the person under surveillance must immediately contact and inform the surveillance body, which shall determine the place or police unit to which he/she is obliged to report as soon as possible so that the electronic surveillance device can be installed.