Illinois Electronic Home Monitoring Order

State:
Illinois
Control #:
IL-SKU-0732
Format:
PDF
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Description

Electronic Home Monitoring Order

The Illinois Electronic Home Monitoring Order is an alternative to incarceration for criminal offenders in the state of Illinois. It allows people who have been convicted of a crime to serve their sentence from the comfort of their own home, while being monitored electronically by the Illinois Department of Corrections. This type of order is available to those who have committed non-violent offenses and have been approved by the court. There are two types of Illinois Electronic Home Monitoring Order: Passive Electronic Home Monitoring (PERM) and Active Electronic Home Monitoring (AEM). PERM requires the offender to wear an ankle-monitoring device 24 hours a day, which sends signals to the Department of Corrections for the duration of the sentence, while AEM requires the offender to check in with a probation officer for the duration of the sentence. Both types of orders require the offender to comply with certain restrictions, such as no contact with the victim, no consumption of alcohol or illegal drugs, and no leaving the home without permission.

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FAQ

A person commits the offense of attempt when, with intent to commit a specific offense, he or she does any act that constitutes a substantial step toward the commission of that offense.

Section 725 ILCS 5/110-14 - Credit toward fines for pretrial incarceration (a) Any person denied pretrial release and against whom a fine is levied on conviction of the offense shall be automatically credited $30 for each day so incarcerated upon application of the defendant.

Home detention for purposes of credit includes restrictions on liberty such as curfews restricting movement for 12 hours or more per day and electronic monitoring that restricts travel or movement. Electronic monitoring is not required for home detention to be considered custodial for purposes of sentencing credit.

In January 2022, the Pretrial Fairness Act expanded the rights of people incarcerated in their homes on electronic monitoring to reduce the harm they experience under this alternative form of incarceration. Unfortunately, some members of the Illinois' legislature are trying to roll back these r with HB5058.

A "disabled" individual means an individual who has a physical or mental impairment that substantially limits a major life activity, has a record of such an impairment, or is regarded as having such an impairment. "Disability" means a mental or physical impairment that substantially limits a major life activity.

Sec. 103-1. Rights on arrest. (a) After an arrest on a warrant the person making the arrest shall inform the person arrested that a warrant has been issued for his arrest and the nature of the offense specified in the warrant.

By law, the Prisoner Review Board must put prisoners who committed sex offenses or violent crimes on electronic monitoring devices. Corrections officials have said they place ankle bracelets only on those offenders.

Reoccurrence and patterns of intentional conduct to evade prosecution, along with any affirmative steps to communicate or remedy any such missed court date, may be considered as factors in assessing future intent to evade prosecution.

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Illinois Electronic Home Monitoring Order