Duhaime's Law Dictionary


Electronic Monitoring Definition:

Electronic or telecommunications systems used to track and supervise the locations of individuals.

Related Terms: Community Custody, Pen Register, Wire-tapping, House Arrest

Generally, a feature of criminal law and, specifically, sentencing.

Often used to supervise the terms of a house arrest order.

Electronic monitoring allows the release of a person into the community, during what could of otherwise been time in jail, and obliging the individual to record his or her whereabouts at all times or on regular intervals using electronic or telecommunication devices.

For example, the 2009 version of the Texas Code of Criminal Procedure, at §42.12.2(4):

"Electronic monitoring includes voice tracking systems, position tracking systems, position location systems, biometric tracking systems, and any other electronic or telecommunications system that may be used to assist in the supervision of individuals...."
Electronic monitoring is a frequent feature of a probation or bail order.

Elecronic monitoring was inspired by a Spiderman comic book apparently read by Judge Jack Love of New Mexico. Judge Love (no relation to the Love Lawyer), thought to create a real device from the fictional with the help of an acquaintance electronics technician and in 1983, he sentenced his first offender to house arrest with electronic monitoring.

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