Before entering an order for commitment for electronic monitoring, the supervising authority shall inform the participant and other persons residing in the home of the nature and extent of the approved electronic monitoring devices by doing the following:
         (A) Securing the written consent of the participant
    
in the program to comply with the rules and regulations of the program as stipulated in subsections (A) through (I) of Section 5-8A-4.
        (B) Where possible, securing the written consent of
    
other persons residing in the home of the participant, including the person in whose name the telephone is registered, at the time of the order for commitment for electronic monitoring is entered and acknowledge the nature and extent of approved electronic monitoring devices.
        (C) Ensure that the approved electronic devices be
    
minimally intrusive upon the privacy of the participant and other persons residing in the home while remaining in compliance with subsections (B) through (D) of Section 5-8A-4.
    This Section does not apply to persons subject to electronic monitoring or home detention as a term or condition of parole, aftercare release, or mandatory supervised release under subsection (d) of Section 5-8-1 of this Code.
lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Illinois Compiled Statutes 730 ILCS 5/5-8A-5

  • Electronic monitoring: means the monitoring of an inmate, person, or offender with an electronic device both within and outside of their home under the terms and conditions established by the supervising authority. See Illinois Compiled Statutes 730 ILCS 5/5-8A-2
  • Home detention: means the confinement of a person convicted or charged with an offense to his or her place of residence under the terms and conditions established by the supervising authority. See Illinois Compiled Statutes 730 ILCS 5/5-8A-2
  • Participant: means an inmate or offender placed into an electronic monitoring program. See Illinois Compiled Statutes 730 ILCS 5/5-8A-2
  • Supervising authority: means the Department of Corrections, the Department of Juvenile Justice, probation department, a Chief Judge's office, pretrial services division or department, sheriff, superintendent of municipal house of corrections or any other officer or agency charged with authorizing and supervising electronic monitoring and home detention. See Illinois Compiled Statutes 730 ILCS 5/5-8A-2
  Previous section
Next section  
 Article 8A Contents