How to Use This Database

This database catalogs the electronic monitoring legal framework across all 50 states and the District of Columbia. For each jurisdiction, we document:

• Pretrial EM Fee Authorization — whether state law permits charging defendants for EM before conviction
• Post-Sentencing EM Fee Authorization — whether state law permits charging EM fees after conviction (probation, parole, community supervision)
• Key Statutes — specific statute citations with section numbers, linked to original legislative text where available
• Fee Caps — statutory maximum amounts (where specified) and county-level fee data from the Fines & Fees Justice Center 2022 survey
• Ability-to-Pay (ATP) Protections — whether the state requires courts to assess a person’s financial capacity before imposing EM fees
• Notable Provisions — tampering penalties, recent legislative reforms (2024-2026), judicial decisions, and practical observations

Important: County-level fee amounts are from the FFJC 2022 survey and may have changed. Statute text is current as of October 2026 unless noted. This resource is designed for corrections professionals evaluating EM deployment across jurisdictions, defense attorneys challenging EM fees, researchers studying the economics of electronic monitoring, and legislators considering EM reform.

Quick Reference: State Classification

✅ States Authorizing EM Fees at BOTH Pretrial & Post-Sentencing (29 states)

Alabama, Arkansas, Connecticut, Georgia, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin

🔵 States Authorizing EM Fees ONLY at Post-Sentencing (13 states)

Alaska, Arizona, Colorado, Delaware, Florida, Iowa, Maine, Massachusetts, Pennsylvania, Rhode Island, South Carolina, Wyoming

🟣 State Authorizing EM Fees ONLY at Pretrial (1 state)

New Jersey

🚫 States Expressly Prohibiting EM Fees

California — All stages (Cal. Penal Code § 1208.2)
Rhode Island — Pretrial only (R.I. Gen. Laws § 42-56-20.2)
Oregon — Authorization repealed (2020), but local fees persist in practice

⚪ States/DC Lacking Explicit EM Fee Authorization (6 + DC)

District of Columbia, Hawaii, New Hampshire, New Mexico, New York (authorized by case law only), Oregon (repealed), Vermont

⭐ States Requiring Ability-to-Pay at Both Stages (only 4 states)

Illinois, Kentucky, Missouri, Nevada

Complete 50-State Directory

2024–2026 Legislative Developments

Electronic monitoring law is evolving rapidly. The following table summarizes major EM-related legislation enacted or proposed between 2024 and 2026:

What States Prohibit Ankle Monitor Fees?

California is the only state that fully prohibits electronic monitoring fees at all stages — both pretrial and post-sentencing — under Cal. Penal Code § 1208.2, amended in 2022 by AB 1228 to close a private vendor loophole. Rhode Island prohibits pretrial EM fees specifically (R.I. Gen. Laws § 42-56-20.2) but allows post-sentencing fees. Oregon repealed its EM fee authorization language in 2020, but the Fines & Fees Justice Center found that Jackson County continued charging $30/day for post-sentencing home detention as of 2022.

What States Require Ability-to-Pay Assessment for Ankle Monitor Fees?

Only four states — Illinois, Kentucky, Missouri, and Nevada — mandate ability-to-pay assessment at both the pretrial and post-sentencing stages. Idaho holds a unique distinction as the only state whose statute explicitly prohibits denying pretrial release due to inability to pay EM fees (Idaho Code § 20-516A). Several other states provide partial protections: Alabama caps sex offender monitoring fees at $15/day and exempts indigent persons; Alaska requires “sufficient financial resources” before imposing costs; Tennessee caps fees at $30/month or 10% of net income (whichever is less); Texas provides indigency protections for GPS monitoring in family violence cases; and Louisiana’s 2026 Act 858 bars incarceration solely for nonpayment of EM fees.

How Much Do Ankle Monitor Fees Cost by State?

Ankle monitor fees vary dramatically across states and counties. For a comprehensive breakdown of daily rates, installation fees, and total cost of ownership, see our Ankle Monitor Cost by State: 50-State Fee Database. Most states do not set statutory fee caps — only Alabama (≤$15/day for sex offender monitoring), Tennessee (≤$30/month or 10% of income), and Oklahoma (DOC passive $5.50/day, active $13.50/day, max $300/month) have specific statutory limits. In practice, county-level fees range from $0 (Ramsey County, MN) to $70/week (Utah County, UT).

What Happens if You Cannot Afford Ankle Monitor Fees?

The answer depends entirely on which state you are in. In the 4 states with mandatory ability-to-pay protections (IL, KY, MO, NV), courts must assess your financial capacity before imposing fees. In Idaho, you cannot be denied pretrial release for inability to pay. Louisiana’s 2026 Act 858 specifically bars incarceration solely for nonpayment. However, in the 23 states with no ATP requirement, failure to pay EM fees can result in revocation of monitoring privileges, additional charges, or in some cases, incarceration — Texas explicitly authorizes revocation of EM for failure to pay (Art. 42.035). If you are facing EM fees and cannot afford them, consult with a defense attorney in your jurisdiction about available fee waivers, sliding scales, or constitutional challenges.