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ELECTRONIC
MONITORING

OF YOUTH
IN THE CALIFORNIA JUVENILE JUSTICE SYSTEM
ADDITIONAL DATA

CATHERINE CRUMP & AMISHA GANDHI
SAMUELSON LAW, TECHNOLOGY & PUBLIC POLICY CLINIC
UNIVERSITY OF CALIFORNIA, BERKELEY, SCHOOL OF LAW

Berkeley Law
Samuelson Law, Technology
& Public Policy Clinic

D UC BERKELEY SCHOOL OF LAW

ELECTRONIC MONITORING OF
YOUTH IN THE CALIFORNIA
JUVENILE JUSTICE SYSTEM
ADDITIONAL DATA

T

he Samuelson Law, Technology & Public Policy Clinic is
engaged in an ongoing effort to better understand how
electronic monitoring (“EM”) technology is impacting
young people going through California’s juvenile justice
system. EM technology tracks young people’s movements,
typically through an ankle bracelet that cannot be removed. In 2017,
the Samuelson clinic and East Bay Community Law Center jointly
published a report examining the terms and conditions that young
people must follow while on EM.1 The report concluded that while the
terms and conditions used throughout California vary widely, they
generally have overly strict and burdensome requirements, and lack
privacy protections due to invasive surveillance measures.

ACKNOWLEDGEMENTS
This report was written by Catherine Crump, Director of the Samuelson Law, Technology &
Public Policy Clinic, and Amisha Gandhi, Berkeley Law School Class of 2020. The authors thank
the many probation department officials who supplied the data and contextual explanations
that made this report possible. We also thank Laurel Arroyo, Tony Cheng, Miguel Quezada, Laura
Ridolfi, Cancion Sotorosen, Kate Weisburd, Anna Wong, and Nisreen Younis for feedback on
drafts. Thanks to Olivia Layug Balbarin and Christina Koningisor for help with data collection.
Additional thanks to Gabrielle Daley, Megan Graham, and Sarah Weld for helpful suggestions.
2020 University of California, Berkeley, School of Law. This work is licensed under a Creative
Commons Attribution 4.0 International License.
©

In this new report, we have gathered additional data from California
counties to answer five important questions about the use of EM in
the state. Relying on these records, which we have placed in an online
repository,2 we answered the following questions:
• First, we asked counties to provide updated information on whether
they have an EM program for their juvenile systems.

CONTENTS
INTRODUCTION

1

KEY FINDINGS

2

NUMBER OF COUNTIES THAT
USE ELECTRONIC MONITORING
ON YOUTH

4

NUMBER OF UNIQUE YOUNG
PEOPLE ON ELECTRONIC
MONITORING

5

TYPE OF ELECTRONIC
MONITORING TECHNOLOGY USED

6

HOW COUNTIES USE GPS

7

SHARING ELECTRONIC MONITORING 8
DATA WITH LAW ENFORCEMENT
ENDNOTES

9

• Second, we asked counties how many “unique”3 youth were placed
on EM during a 12-month period.
• Third, we asked counties to specify which technology, either GPS or
radio frequency, they used to implement EM.
• Fourth, we asked counties that use GPS whether they used it
exclusively to enforce house arrest or whether they also used
it in alternative ways, for example to monitor a young person’s
movements within the community.
• Fifth and finally, we asked whether the counties share information
gathered through EM with any law enforcement agencies, and if
they do, under what circumstances they share it.

ELECTRONIC MONITORING OF YOUTH IN THE CALIFORNIA JUVENILE JUSTICE SYSTEM

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UC BERKELEY SCHOOL OF LAW

3

KEY FINDINGS

53
58
OUT OF

53 of California’s
58 counties
use EM in their
juvenile systems.

•44
53

O

ur research demonstrates that EM is widely used and that many
system-involved youth are subject to it. Fifty-three of California’s
58 counties use EM in their juvenile systems. About 10,000
unique youth are tracked using EM each year.

We also found that although EM technology has grown more
sophisticated and flexible, counties generally still use EM the same
way they historically have: to enforce house arrest. Today there are two
different types of EM ankle bracelets. Radio-frequency ankle bracelets
can only detect a person’s distance from a home-based receiver, and
therefore can only be used to enforce house arrest. By contrast, GPS
ankle bracelets can track young people wherever they go. GPS bracelets
can theoretically be used to implement more flexible restrictions, for
example requiring a young person to stay away from a victim’s home but
otherwise allowing freedom of movement.
Our research demonstrates that 44 of the 53 counties with EM programs
now use GPS bracelets for at least some youth. However, of these
44 GPS-using counties, 36 use the technology exclusively to impose
house arrest. The change in the technology’s capabilities has not led to
widespread change in how it is used.

OUT OF

Finally, our research shows that 38 of the 53 counties with EM programs
share data with law enforcement agencies. Both counties that use GPS
and counties that use radio frequency monitoring shared some data,
although counties that use GPS have more data to share because they
track all of a young person’s movements. The overwhelming majority of
counties that shared data did so on a case-by-case basis, for example
providing law enforcement agents with data about a specific youth
suspected of a crime. However, three of the GPS-using counties gave law
enforcement agencies unrestricted access to the database containing
location data of all youth on EM.
In short, the data we gathered demonstrates that EM is widespread
and entrenched, and therefore worthy of more study than it has so far
received. It also demonstrates that changes in what technology can do
may not result in changes in how the technology is used. Despite its
vastly greater tracking capabilities, GPS has led to only modest changes
in EM programs.
To be sure, the questions this report answers are basic ones. However,
very little data currently exists regarding juvenile EM, and therefore the
information that we have gathered helps fill a critical gap in the public’s
knowledge about how the technology is used. We hope it will be helpful to
policymakers, advocates, and practitioners.4

38
53
OF THE

38 of the 53
counties with EM
programs share
some or all data
collected with
law enforcement
agencies.

44 of the 53 counties
with EM programs now
use GPS bracelets.

2 SAMUELSON LAW, TECHNOLOGY & PUBLIC POLICY CLINIC

ELECTRONIC MONITORING OF YOUTH IN THE CALIFORNIA JUVENILE JUSTICE SYSTEM

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NUMBER OF COUNTIES THAT USE
ELECTRONIC MONITORING ON YOUTH

5

NUMBER OF UNIQUE YOUNG PEOPLE
ON ELECTRONIC MONITORING
DATA: In 2017,6 there were roughly

Del
Norte

Siskiyou

Shasta

Trinity

DATA: The data we have

Modoc

Lassen

Humboldt

collected indicates that 53 out
of the 58 California counties
have EM programs. The five
counties that do not have EM
programs are Alpine, Imperial,
Modoc, Riverside, and Yuba
Counties.5

Tehama

Plumas
Butte

Glenn

Yuba

Yolo

Sonoma

Napa
Solano

Marin
San Francisco

Contra
Costa
Alameda

San Mateo

Placer

er
Sutt

Colusa

Lake

data shows that juvenile EM is
widespread in California. Over
90 percent of counties use the
technology on young people.

Other
2800

Sierra
Nevada

Mendocino

KEY TAKEAWAYS: Our

Los Angeles
3485

Santa
Clara

El Dorado
Alpine
Sacramento Amador
s
era
lav
Ca
Tuolumne
San
Joaquin

s
islau
Stan
Merced

Mono

Mariposa
Madera

Santa Cruz
San
Benito

METHODOLOGY: We

gathered this information
by filing California Public
Records Act (“PRA”) requests
in June 2018 that sought “all
electronic monitoring-related
contracts between the county
and juvenile probationers.” We
assumed that possession of a
contract meant that the county
had an EM program for youth.

Monterey

Fresno

Inyo

Tulare
316

Tulare
Kings

San Luis Obispo

Sonoma
331

San Bernardino
Santa Barbara
Ventura

Riverside

San Diego

4 SAMUELSON LAW, TECHNOLOGY & PUBLIC POLICY CLINIC

San Bernardino
339
Contra Costa
424

Los Angeles

Orange

-

KEY TAKEAWAYS: The fact that

Ventura
323
Kern

Imperial

10,000 unique young people on EM in the
California juvenile justice system.
The 10 counties with the largest number
of unique youth on EM are as follows:
Los Angeles (3485), Orange (852),
Fresno (558), Sacramento (515),
Alameda (462), Contra Costa (424),
San Bernardino (339), Sonoma (331),
Ventura (323), and Tulare (316).7 Nearly
three quarters of the young people on EM
in California reside in these 10 counties.
These are also some of the most
populated counties in California.
Meanwhile, Colusa, Glenn, Inyo, Mariposa,
Mendocino, Sierra, and Sutter Counties
had no youth on EM during the 12-month
period even though they each have a
youth EM program. These are all smaller
counties—they each have a population
size of under 100,000 people.8

Orange
852

Alameda
462

Sacramento
515

Fresno
558

roughly 10,000 unique young
people in California were on EM in a
year demonstrates that EM plays a
significant role in the California juvenile
justice system. For comparison, during
2017 there were 71,791 referrals of
youth to California juvenile probation
departments overall. 9

METHODOLOGY: In November 2017,
we filed PRA requests with all California
counties to collect the number of
unique youth on EM over a 12-month
period. We asked for the number of
unique young people who were on EM
in the most recent 12-month period for
which the county had available data;
which 12-month period that referred to;
and whether this was an exact number
or an estimate.

Counties with an electronic monitoring program

ELECTRONIC MONITORING OF YOUTH IN THE CALIFORNIA JUVENILE JUSTICE SYSTEM

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HOW COUNTIES USE GPS

TYPE OF ELECTRONIC MONITORING TECHNOLOGY USED

Del
Norte

Siskiyou

Del
Norte

Modoc

Shasta

Trinity

Lassen

Butte

Sierra

Yuba

Yolo
Napa
Solano

Marin
San Francisco

Contra
Costa
Alameda

San Mateo

Santa
Clara

Colusa

Lake

El Dorado
Alpine
or
Amad s
ra
e
lav
Ca
Tuolumne
San
Joaquin

s
islau
Stan
Merced

Yuba

Yolo

Sonoma

Sacramento

Napa

Marin
San Francisco

Mariposa

Contra
Costa
Alameda

San Mateo
Madera

Santa Cruz

Placer
El Dorado

Alpine
or
Amad s
ra
e
lav
Ca
Tuolumne
San
Joaquin
Sacramento

Solano
Mono

Sierra
Nevada

Mendocino

Placer

er
Sutt

Colusa

Sonoma

Santa
Clara

laus
tanis

S

Merced

Mono

Mariposa
Madera

Santa Cruz
San
Benito

on the EM rules for youth we
obtained through our PRA
requests, and categorized the
counties by whether they used
GPS or radio frequency, as
stated in those documents. If the
answer was not apparent, we
contacted counties individually
to obtain the answer.

Monterey

Fresno

Inyo

San
Benito

Tulare

Monterey

Kings

San Luis Obispo

Kern

Fresno

Inyo
Tulare

Kings

San Luis Obispo

San Bernardino
Santa Barbara

Ventura

Ventura

Los Angeles

Riverside

Orange

San Diego

D

6 SAMUELSON LAW, TECHNOLOGY & PUBLIC POLICY CLINIC

KEY TAKEAWAYS: In theory, GPS
allows for geographic restrictions other
than house arrest. However, counties
rarely use GPS to allow for more flexible
geographic restrictions. The vast
majority of counties deploying GPS use
it exclusively to enforce house arrest.

Kern

San Bernardino
Santa Barbara

---

Seven counties use GPS more flexibly.
While they might sometimes use the
technology to enforce house arrest,
they also used it to, for example,
create inclusion zones (zones of free
movement larger than the home, such
as a particular neighborhood) and
exclusion zones (zones to exclude a
young person from a specific area,
such as a victim’s home). These
seven counties are Marin, Napa, San
Francisco, Santa Barbara, Shasta,
Sonoma, and Sutter. Sierra, a lowpopulation county of fewer than 3,000
people, does not have a clear policy on
how it uses GPS because it so rarely
uses EM to monitor juveniles.

Plumas
Butte

Glenn

Nevada
Lake

METHODOLOGY: We drew

Lassen

Tehama

Plumas

Glenn

demonstrates that GPS is the
dominant technology for EM of
youth in California today.

Shasta

Humboldt

Mendocino

KEY TAKEAWAYS: This data

DATA: We asked counties with GPS
how they used the technology. Of the
44 counties that use GPS, 36 counties
use the technology exclusively to
impose house arrest. That is roughly
80 percent of the GPS-using counties.

Modoc

er
Sutt

DATA: Of the 53 counties with
EM programs, 35 counties use
only GPS; nine counties use
only radio frequency; and nine
counties use both GPS and radio
frequency.

Siskiyou

Trinity

Humboldt
Tehama

GPS
Radio Frequency
Both
Counties without an electronic monitoring program

7

Los Angeles

Riverside

Orange

Imperial

San Diego

-D

Use GPS only for house arrest
Use GPS for house arrest and other purposes
Rules on GPS use are unclear
Use Radio Frequency only
Counties without an electronic monitoring program

Imperial

METHODOLOGY: We analyzed the
EM rules we collected through our PRA
requests. Using the compilation, we
determined whether the geographic
restrictions the county imposed
consisted of only house arrest (rather
than a larger menu of options). We
then conducted follow-up outreach to
counties whose rules were unclear.

ELECTRONIC MONITORING OF YOUTH IN THE CALIFORNIA JUVENILE JUSTICE SYSTEM

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UC BERKELEY SCHOOL OF LAW

SHARING ELECTRONIC MONITORING DATA
WITH LAW ENFORCEMENT

ENDNOTES

DATA: Of the 53 counties with EM programs, 35

counties share data with law enforcement on a
case-by-case basis and three counties share all
their data with law enforcement. Fifteen counties
do not share any data with law enforcement.

KEY TAKEAWAYS: The use of EM leads

Siskiyou

8 SAMUELSON LAW, TECHNOLOGY & PUBLIC POLICY CLINIC

Modoc

Shasta

Trinity

The conclusions this report draws are based on analysis of hundreds of responses to requests
for records we filed under the California Public Records Act, as well informal queries. Given the
volume and nature of these records, including detailed citations for each point in this report is
infeasible. Readers are invited to review the online repository to delve more deeply into the data.

Lassen

Humboldt
Tehama

Plumas
Butte

Glenn

Sierra

3
We define “unique” such that each individual youth who was placed on EM during the year-long
period is only counted once, regardless of how many times the young person was assigned to the
county’s EM program.

Nevada

Mendocino

Colusa

Lake

Yuba

Yolo

Sonoma

Napa

Marin
San Francisco

Placer
El Dorado

Alpine
or
Amad s
a
r
e
lav
Ca
Tuolumne
San
Joaquin
Sacramento

Solano
Contra
Costa
Alameda

San Mateo

Santa
Clara

laus
tanis

S

Merced

For a more contextualized discussion of the data, see Catherine Crump, Tracking the Trackers:
Electronic Monitoring of Youth in Practice, 53 U.C. Davis L. Rev. 795 (2019), http://lawcat.berkeley.
edu/record/1129127/files/Crump%20Tracking%20the%20Trackers.pdf
4

Mono

Mariposa

In the initial 2017 report by the Samuelson clinic and the East Bay Community Law Center,
Mendocino, Sutter, and Tehama Counties also did not have EM programs for young people. All
three counties began implementing an EM program after data were collected for that report.
5

Madera

Santa Cruz
San
Benito

Fresno

Inyo

Each county provided the number of unique youth assigned to EM over a recent 12-month period.
However, the timeframes differed slightly. Some counties provided data for the fiscal year 2017;
some provided data for the calendar year 2017; and some provided data for a 12-month period
from late 2017 and into 2018.
6

Monterey

Tulare
Kings

San Luis Obispo

Kern

7
We were unable to determine whether these youths were pre-disposition or post-disposition
referrals. As far as we could tell, most counties do not differentiate the data in this way.

San Bernardino
Santa Barbara
Ventura

METHODOLOGY: In December 2018, we

followed up with all California counties with a
juvenile EM program to collect information about
whether the counties shared the data gathered
about youth on EM with law enforcement. Our
PRA requests asked whether the office shared
the geolocation data of youth on EM on a caseby-case basis or whether law enforcement had
unfettered access to the geolocation data of
all youth on EM. Whenever possible, we asked
counties to provide examples of what they
considered “case-by-case” circumstances that
merited the sharing of geolocation data with law
enforcement.

We have made the raw data relied on in this report available to the public. It can be accessed
here: Juvenile Electronic Monitoring Records 2019, https://drive.google.com/drive/u/0/
folders/1i0KHXdWnzD4yyTqoh8ApIGdWidw8b1yt.

2

Del
Norte

er
Sutt

probation departments to provide information
about young people’s movements to law
enforcement agencies.
Most counties that shared information did so
on a case-by-case basis. Counties provided
different guidelines for when they shared data.
Some counties shared location information
if was needed to assist with an active law
enforcement investigation; others shared when
the youth was designated as a sex offender, the
youth was deemed a danger to public safety, or
if the youth had run away. Still others provided
only general guidelines, sharing if there were
exigent circumstances or it seemed reasonable
to them to do so.
Three counties—Kings, Orange, and Shasta—
gave law enforcement agencies total and direct
access to youth geolocation data. This means
that law enforcement agencies in these counties
can review this data at their own discretion.
In Orange County, for example, certain law
enforcement agencies can log into the system
and engage in “crime scene correlation,” which
involves checking to see if any young people on
EM were at the location of a crime scene.

See Univ. of Cal., Berkeley, Sch. of Law Samuelson Law, Tech. & Pub. Pol. Clinic & East Bay Cmty.
Law Ctr., Electronic Monitoring of Youth in the California Juvenile Justice System 1–20 (2017),
https://www.law.berkeley.edu/wp-content/uploads/2017/04/Report_Final_Electronic_Monitoring.pdf
1

Los Angeles

Population data was derived from U.S. Census Bureau data. Quickfacts, U.S. CENSUS BUREAU,
https://www.census.gov/quickfacts/fact/table/US/PST045219 (enter “[county name] County,
California” and select “Population estimates, July 1, 2019, (V2019)”). The populations of the
counties are as follows: 1. Colusa (21,547); 2. Glenn (28,393); 3. Inyo (18,039); 4. Mariposa
(17,203); 5. Mendocino (86,749); 6. Sierra (3,005); and 7. Sutter (96,971). Id.
8

Riverside

Orange

San Diego

Imperial

See Cal. Dep’t of Justice, Juvenile Justice in California 14 (2017), https://data-openjustice.
doj.ca.gov/sites/default/files/2019-06/jj17.pdf. Note that these were the total number of youth
referred, not the number of unique youth referred. This figure likely double (or more) counts a
single youth who was referred to probation more than once in a single year.
9

--D

Total Access
Case-by-Case Sharing
No Sharing
Counties without an electronic monitoring program

ELECTRONIC
MONITORING

OF YOUTH
IN THE CALIFORNIA JUVENILE JUSTICE SYSTEM
ADDITIONAL DATA

CATHERINE CRUMP & AMISHA GANDHI
SAMUELSON LAW, TECHNOLOGY & PUBLIC POLICY CLINIC
UNIVERSITY OF CALIFORNIA, BERKELEY, SCHOOL OF LAW

Berkeley Law
Samuelson Law, Technology
& Public Policy Clinic