SJC Exchange Library

Electronic monitoring (EM) is on the rise. The number of people supervised by devices more than doubled between 2005 and 2015, from 53,000 to 125,000 (excluding immigration cases).1 Many of these cases likely involve women and men who are awaiting trial. So it bears asking, What is the proper role of EM in pretrial cases? Let’s consider three basic questions about electronic monitoring: Is it legal?, Does it work?, and Is it fair?

From a legal standpoint, in the pretrial phase practices must weigh in favor of liberty, with exceptions only when court appearance and public safety cannot be “reasonably managed” in the community. Moreover, when conditions of release are set, they must adhere to the principle of least restrictive conditions—not “It’s better than being in jail.” As a practical matter, many people experience EM to be very invasive—with many of the consequences associated with detention....
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