Sec. 5-7A-105. Definitions.

352 words·~2 min read·/il/chapter-705/act-405/5-7a-105

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Sec. 5-7A-105. Definitions. As used in this Article:

(a)"Approved electronic monitoring device" means a device approved by the supervising authority that is primarily intended to record or transmit information as to the minor's presence or nonpresence in the home. An approved electronic monitoring device may record or transmit: oral or wire communications or an auditory sound; visual images; or information regarding the minor's activities while inside the offender's home. These devices are subject to the required consent as set forth in Section 5-7A-125 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.

(b)"Excluded offenses" means any act if committed by an adult would constitute first degree murder, escape, aggravated criminal sexual assault, criminal sexual assault, aggravated battery with a firearm, 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.

(c)"Home detention" means the confinement of a minor adjudicated delinquent or subject to an adjudicatory hearing under Article V for an act that if committed by an adult would be an offense to the minor's place of residence under the terms and conditions established by the supervising authority.

(d)"Participant" means a minor placed into an electronic monitoring program.

(e)"Supervising authority" means the Department of Juvenile Justice, probation supervisory authority, sheriff, superintendent of a juvenile detention center, or any other officer or agency charged with authorizing and supervising home detention.

(f)"Super-X drug offense" means a violation of clause (a)(1)(B), (C), or

(D)of Section 401; clause (a)(2)(B), (C), or

(D)of Section 401; clause (a)(3)(B), (C), or

(D)of Section 401; or clause (a)(7)(B), (C), or

(D)of Section 401 of the Illinois Controlled Substances Act.