As of January 1, 2009, the Court will now have the authority to require defendants accused of violating an order of protection to wear or carry a GPS-tracking device. This device will alert both the authorities and the parties to the order of protection if the defendant enters a restricted zone.
Pursuant to the new law, the Court may order the defendant to carry or wear a GPS device at any of the following times:
1) As a condition of bail after being charged with a violation of an order of protection;
2) As a condition of probation for violating an order of protection;
3) As a condition of conditional discharge after a conviction for a violation of an order of protection;
4) As a condition of early release because of a grant of good conduct credit after a conviction of an order of protection; or
5) As a condition of parole or mandatory supervised release after a conviction of a violation of an order of protection.
Furthermore, this new law increases the fines for every conviction of violating an order of protection by a minimum of $200.00. Additionally, effective January 1, 2008, every time an order of protection is issued, the defendant will now have to undergo a mandatory evaluation by a partner abuse intervention program. It will also be mandatory for the defendant to follow all recommendations of said evaluation. Failure to undergo the evaluation or follow the recommendations will constitute a violation of the order of protection.
Public Act 095-0773
http://www.senatedem.ilga.gov/GH_ShowArticle.asp?HID=823&CATID=11
Thursday, August 14, 2008
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