Article V, Part VII – Proceedings after trial, sentencing (705 ILCS 405/Article 5, Part 7)
A minor who fails to comply with any condition of the juvenile electronic home monitoring detention program is considered an “Escape” (705 ILCS 405/7A-120). A minor charged with or adjudicated delinquent for an act that, if committed by an adult, would constitute a felony or misdemeanor, conditionally released from the supervising authority through a juvenile electronic home monitoring detention program, who knowingly violates a condition of the juvenile electronic home monitoring detention program shall be adjudicated a delinquent minor for such act and shall be subject to an additional sentencing order under Section 5-710.
Consent of the participant must take place before the court will order the program (705 ILCS 405/7A125). Before entering an order for commitment for juvenile electronic home detention, the supervising authority shall inform the participant and other persons residing in the home of the nature and extent of the approved electronic monitoring devices by doing the following:
- Securing the written consent of the participant in the program to comply with the rules and regulations of the program as stipulated.
- When possible, securing the written consent of other persons residing in the home of the participant, including the parent or legal guardian of the minor and of the person in whose name the telephone is registered, at the time of the order or commitment for electronic home detention is entered and acknowledge the nature and extent of approved electronic monitoring devices.
- Ensure that the approved electronic devices are minimally intrusive upon the privacy of the participant and other persons residing in the home while remaining in compliance.