Is An Electronic Security Belt a Restraining Device ?
In People v. Martinez, 347 Ill. App. 3d 1001, 808 N.E.2d 1089, 283 Ill. Dec. 801 (2004), this court was confronted with the use of an electronic security belt and concluded that the belt was a restraining device. Martinez, 808 N.E.2d at 1091.
In Martinez, this court determined that the trial court abused its discretion when it failed to consider the factors for determining the propriety of using restraining devices. Martinez, 808 N.E.2d at 1092.
Martinez held that the trial judge must make the determination as to whether physical restraint of a defendant is necessary, and further held that the trial court's decision on the matter would not be overturned absent an abuse of discretion. Martinez, 808 N.E.2d at 1093.