Bill would make intentionally failing to charge electronic monitor a criminal offense, sponsors say

Representative Rudy Beat introduced House Bill 17-12, which would make intentionally failing to keep electronic-monitoring equipment charged — or otherwise intentionally disabling or tampering with the device — a criminal offense. Sponsor and witnesses said the bill is intended to close enforcement gaps that allow defendants to evade supervision.

"If they failed to charge the battery or...it's intentionally they failed to charge it...it would still be another class e felony," the sponsor said, describing the bill's approach to intent-based enforcement for felony defendants and misdemeanor classifications for others. Cole County Sheriff John Wheeler testified in support, describing several tampering methods he has encountered, including cutting bands, covering devices with metal to block signals, or soaking units in water. Wheeler said monitoring devices report low battery levels and tampering codes back to the monitoring station.

Committee members raised concerns about access to electricity and connectivity for residents in remote areas, potential hardship and whether courts or pretrial officers have alternatives to keep people monitored. Witnesses said pretrial-release officers screen for placement and connectivity and that vendors provide audible and coded low-battery warnings; committee members discussed making charging locations or procedural accommodations available for rural defendants.

The committee heard no formal opposition and closed the hearing on the measure.