To develop this report, FFJC’s research staff conducted an extensive search of the criminal, traffic, and juvenile codes in all 50 states and the District of Columbia, looking both for statutes that authorize the use of electronic monitoring and whether statutes explicitly authorize the imposition of EM fees. We used statutory databases (Westlaw and Lexus/Nexus) and publicly published online state codes. Where statutes indicated imposition of EM fees were subject to decisions on the county or municipal level, we conducted further research to find examples of how that played out, at least in one locality, to give some practical context. We then analyzed and categorized the statutes and compared authorization language to compile this report on the scope of how states impose EM fees.
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