Illinois General Assembly - Illinois Compiled Statutes

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730 ILCS 5/5-8A-2

(730 ILCS 5/5-8A-2) (from Ch. 38, par. 1005-8A-2)

Sec. 5-8A-2. Definitions. As used in this Article:

(A) "Approved electronic monitoring device" means a device approved by
the supervising authority which is primarily intended to record or transmit
information as to the defendant's presence or nonpresence in the home, consumption of alcohol, consumption of drugs, location as determined through GPS, cellular triangulation, Wi-Fi, or other electronic means.

An approved electronic monitoring device may record or transmit: oral or
wire communications or an auditory sound; visual images; or information
regarding the offender's activities while inside the offender's home.
These devices are subject to the required consent as set forth in Section
5-8A-5 of this Article.

An approved electronic monitoring device may be used to record a
conversation between the participant and the monitoring device, or the
participant and the person supervising the participant solely for the
purpose of identification and not for the purpose of eavesdropping or
conducting any other illegally intrusive monitoring.

(A-10) "Department" means the Department of Corrections or the Department of Juvenile Justice.

(A-20)      "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.

(B) "Excluded offenses" means first degree murder, escape, predatory
criminal sexual assault of a child, aggravated criminal sexual assault,
criminal sexual assault, aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05, bringing or
possessing a firearm, ammunition or explosive in a penal institution, any
"Super-X" drug offense or calculated criminal drug conspiracy or streetgang
criminal drug conspiracy, or any predecessor or successor offenses with the
same or substantially the same elements, or any inchoate offenses relating to
the foregoing offenses.

(B-10)    "GPS" means a device or system which utilizes the Global Positioning Satellite system for determining the location of a person, inmate or offender.

(C) "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. Confinement need not be 24 hours per day to qualify as home detention, and significant restrictions on liberty such as 7pm to 7am curfews shall qualify. Home confinement may or may not be accompanied by electronic monitoring, and electronic monitoring is not required for purposes of sentencing credit.

(D) "Participant" means an inmate or offender placed into an
electronic monitoring program.

(E) "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.

(F) "Super-X drug offense" means a violation of Section 401(a)(1)(B), (C),
or (D); Section 401(a)(2)(B), (C), or (D); Section 401(a)(3)(B), (C), or (D);
or Section 401(a)(7)(B), (C), or (D) of the Illinois Controlled Substances
Act.

(G)     "Wi-Fi" or "WiFi" means a device or system which utilizes a wireless local area network for determining the location of a person, inmate or offender.

(Source: P.A. 101-652, eff. 7-1-21.)