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EM Monitoring Statutes in the United States (Complete)  

Author:  Staff Editors.

Source: Volume 33, Number 01, Annual 2021 , pp.1-208(208)

Electronic Monitoring Statutes in the United States

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This is the complete EM Monitoring Statutes in the United States (also published as a double issue of The Journal of Offender Monitoring, Volume 33 Numbers 1 and 2). It brings together in one place all federal and state statutory provisions citing electronic monitoring as either a sentencing option or requirement. Legislation that mandates, regulates, or otherwise affects remote supervision technologies rarely occurs in the form of a clean, stand-alone bill; rather, provisions relating to electronic monitoring are usually enacted as sections within or amendments to larger bills. Our legal editor, Ken Kozlowski, has compiled this guide by identifying the relevant provisions from within the larger statutory regimes of federal and state law, and organizing them, by state, in general categories related to the type of offenses, such as “domestic violence” or “sex offenders,” for which electronic monitoring may be or must be utilized, as well as sections on how the law deals with tampering, absconding, and other violations of supervised release under EM. In addition to the Federal, state, and territorial statutory provisions, it includes an overview of the scope and use of the book (“About this Publication”) and an article, “Electronic Monitoring Data: Evidentiary Standards, Court Admissibility, and the Burden of Proof,” examining the question of what happens when measurements from a remote monitoring device are challenged by a defense attorney whose client faces a jail term.

Keywords: Federal and state legislation and electronic monitoring

Affiliations:  1: Journal of Offender Monitoring.

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