Memorandum from the American Civil Liberties Union: Problems with Electronic Monitoring for Young People with Disabilities 

This memorandum from the American Civil Liberties Union provides litigation strategies for defenders challenging electronic monitoring conditions for young people with disabilities. 

From the Introduction to the memorandum: “Overall, this research project/memo aims to reduce the use of EM for kids with disabilities. Although there is no straightforward disability or accommodations-related argument for ending EM entirely, advocates should first consider whether a judge might be amenable to electing against EM even in the absence of a clearcut disability rights argument. If, however, it seems likely that EM will be applied, this memo provides recommendations to make these programs more manageable where they are the only option for release. Through accommodations to make EM more feasible, these adjustments can help get clients off EM as soon as possible. Additionally, by highlighting why EM is particularly harmful for young people with disabilities, defense attorneys can strengthen a broader argument for why alternative approaches should be used instead.  

A couple of caveats are necessary here. First, the specifics of EM programs vary by jurisdiction. Moreover, people’s disability-related barriers and accommodation needs are inherently unique. Thus, this is not a comprehensive guide covering all possible EM requirements, disabilities, barriers to compliance, or possible accommodations. Instead, we aim to provide a general overview of challenges to complying with EM requirements for young people with disabilities, as well as potential reasonable accommodations to make these programs more reasonable and accessible for this group.”