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Illinois Compiled Statutes

730 ILCS 5/5-8A-2 (2026)

Definitions

✓ current as of May 2026
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(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.)

    
Notes of Decisions
Cited in 17 cases (11 in the last 5 years), 2010–2025 · leading case: People v. Herrera, 2023 IL App (1st) 231801-B (Ill. App. Ct. 2023).
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People v. Herrera, 2023 IL App (1st) 231801-B (Ill. App. Ct. 2023). “¶ 30 Chapter V, Article 8A of the Corrections Code, in turn, defines “approved electronic monitoring device” as a device that “is primarily intended to record or transmit information as to the defendant’s presence or nonpresence in the home, consumption of alcohol, consumption…”
People v. Rogers, 2012 IL App (1st) 102031 (Ill. App. Ct. 2012). · cites it 3× “730 ILCS 5/5-8A-2, 5-8A-4 (West 2008). In fact, Walker acknowledged that day reporting “may” be a condition of the Electronic Monitoring program.”
People v. LeFlore, 2013 IL App (2d) 100659 (Ill. App. Ct. 2013). “” 730 ILCS 5/5-8A-2(A) (West 2006). The use of such a device requires defendant’s consent as well as notice to other persons residing in the home.”
People v. Frank-mccarron, 934 N.E.2d 76 (Ill. App. Ct. 2010). “Rather, the defendant had been ordered to wear the EMD as a condition of her bond, an order firmly within the court's discretion (725 ILCS 5/110-10(b)(14) (West 2006)).”
People v. Smith, 2014 IL App (3d) 130548 (Ill. App. Ct. 2014). · cites it 3× “" 730 ILCS 5/5-8A-2(C) (West 2012). "Supervising authority" is defined as "the Department of Corrections, probation supervisory 13 authority, sheriff, superintendent of municipal house of corrections or any other officer or agency charged with authorizing and supervising home…”
People v. Currey, 2024 IL App (2d) 230099 (Ill. App. Ct. 2024). “” 730 ILCS 5/5-8A-2(C) (West 2020). Nothing in the statutory definition of a “ ‘[s]upervising authority’ ” embraces the conclusion that a trial court, having issued an order for bond or pretrial release, qualifies as a supervising authority, or converts an offender’s pretrial…”
People v. Smith, 2014 IL App (3d) 130548 (Ill. App. Ct. 2014). · cites it 3× “” 730 ILCS 5/5-8A-2(C) (West 2012). “Supervising authority” is defined as “the Department of Corrections, probation supervisory authority, sheriff, superintendent of municipal house of corrections or any other officer or agency charged with authorizing and supervising home…”
People v. Garcia, 2021 IL App (1st) 190026 (Ill. App. Ct. 2021). “730 ILCS 5/5-8A-2(A-20) (West 2016). “ ‘Home detention’ ” means the confinement of a person convicted or charged with an offense to the residence under the conditions established by the supervising authority.”
People v. Lotz, 2023 IL App (2d) 220345-U (Ill. App. Ct. 2023). · cites it 6× “July 1, 2021) (amending 730 ILCS 5/5-8A-2)) were also amended at that time and now provide: “ ‘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…”
People v. Stafford, 2025 IL App (2d) 240250 (Ill. App. Ct. 2025). · cites it 8× “¶ 41 (quoting 730 ILCS 5/5-8A-2(C) (West 2012)). The Home Detention Law defined “ ‘[s]upervising authority’ ” as “ ‘the Department of Corrections, probation supervisory authority, sheriff, superintendent of municipal house of corrections or any other officer or agency charged…”
People v. Watkins, 2024 IL App (2d) 230567-U (Ill. App. Ct. 2024). “Home confinement does not require 24- hour-a-day detention (730 ILCS 5/5-8A-2(c) (West 2022)), and it would not mean defendant would never leave his mother’s home (see id.”
People v. Long, 2024 IL App (4th) 230528-U (Ill. App. Ct. 2024). · cites it 3× “At no point before or during trial did defendant address the provisions of the Unified Code of Corrections (Unified Code) defining “supervising authority” and “electronic monitoring” or the provisions governing -2- notice and written consent to electronic monitoring (730 ILCS…”
Show all 17 citing cases →
— 730 ILCS 5/5-8A-2(A) — 4 cases
People v. Herrera, 2023 IL App (1st) 231801-B (Ill. App. Ct. 2023). “¶ 30 Chapter V, Article 8A of the Corrections Code, in turn, defines “approved electronic monitoring device” as a device that “is primarily intended to record or transmit information as to the defendant’s presence or nonpresence in the home, consumption of alcohol, consumption…”
People v. LeFlore, 2013 IL App (2d) 100659 (Ill. App. Ct. 2013). “” 730 ILCS 5/5-8A-2(A) (West 2006). The use of such a device requires defendant’s consent as well as notice to other persons residing in the home.”
People v. Frank-mccarron, 934 N.E.2d 76 (Ill. App. Ct. 2010). “Rather, the defendant had been ordered to wear the EMD as a condition of her bond, an order firmly within the court's discretion (725 ILCS 5/110-10(b)(14) (West 2006)).”
People v. Rogers, 2012 IL App (1st) 102031 (Ill. App. Ct. 2012). “730 ILCS 5/5-8A-2, 5-8A-4 (West 2008). In fact, Walker acknowledged that day reporting “may” be a condition of the Electronic Monitoring program.”
— 730 ILCS 5/5-8A-2(C) — 10 cases
People v. Currey, 2024 IL App (2d) 230099 (Ill. App. Ct. 2024). “” 730 ILCS 5/5-8A-2(C) (West 2020). Nothing in the statutory definition of a “ ‘[s]upervising authority’ ” embraces the conclusion that a trial court, having issued an order for bond or pretrial release, qualifies as a supervising authority, or converts an offender’s pretrial…”
People v. Smith, 2014 IL App (3d) 130548 (Ill. App. Ct. 2014). “" 730 ILCS 5/5-8A-2(C) (West 2012). "Supervising authority" is defined as "the Department of Corrections, probation supervisory 13 authority, sheriff, superintendent of municipal house of corrections or any other officer or agency charged with authorizing and supervising home…”
People v. Smith, 2014 IL App (3d) 130548 (Ill. App. Ct. 2014). “” 730 ILCS 5/5-8A-2(C) (West 2012). “Supervising authority” is defined as “the Department of Corrections, probation supervisory authority, sheriff, superintendent of municipal house of corrections or any other officer or agency charged with authorizing and supervising home…”
People v. Rogers, 2012 IL App (1st) 102031 (Ill. App. Ct. 2012). “730 ILCS 5/5-8A-2, 5-8A-4 (West 2008). In fact, Walker acknowledged that day reporting “may” be a condition of the Electronic Monitoring program.”
People v. Stafford, 2025 IL App (2d) 240250 (Ill. App. Ct. 2025). “¶ 41 (quoting 730 ILCS 5/5-8A-2(C) (West 2012)). The Home Detention Law defined “ ‘[s]upervising authority’ ” as “ ‘the Department of Corrections, probation supervisory authority, sheriff, superintendent of municipal house of corrections or any other officer or agency charged…”
— 730 ILCS 5/5-8A-2(E) — 4 cases
People v. Smith, 2014 IL App (3d) 130548 (Ill. App. Ct. 2014). “" 730 ILCS 5/5-8A-2(C) (West 2012). "Supervising authority" is defined as "the Department of Corrections, probation supervisory 13 authority, sheriff, superintendent of municipal house of corrections or any other officer or agency charged with authorizing and supervising home…”
People v. Smith, 2014 IL App (3d) 130548 (Ill. App. Ct. 2014). “” 730 ILCS 5/5-8A-2(C) (West 2012). “Supervising authority” is defined as “the Department of Corrections, probation supervisory authority, sheriff, superintendent of municipal house of corrections or any other officer or agency charged with authorizing and supervising home…”
People v. Lotz, 2023 IL App (2d) 220345-U (Ill. App. Ct. 2023). “July 1, 2021) (amending 730 ILCS 5/5-8A-2)) were also amended at that time and now provide: “ ‘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…”
People v. Stafford, 2025 IL App (2d) 240250 (Ill. App. Ct. 2025). “¶ 41 (quoting 730 ILCS 5/5-8A-2(C) (West 2012)). The Home Detention Law defined “ ‘[s]upervising authority’ ” as “ ‘the Department of Corrections, probation supervisory authority, sheriff, superintendent of municipal house of corrections or any other officer or agency charged…”
— 730 ILCS 5/5-8A-2(c) — 1 case
People v. Watkins, 2024 IL App (2d) 230567-U (Ill. App. Ct. 2024). “Home confinement does not require 24- hour-a-day detention (730 ILCS 5/5-8A-2(c) (West 2022)), and it would not mean defendant would never leave his mother’s home (see id.”
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