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Here in Massachusetts, you automatically are required to wear a GPS bracelet even for a first time non-contact computer offense, COMPUTER. How such a law could have passed, is beyond basic human comprehension. It is a COMPUTER offense, so why do you need to know where the individual is located? How on earth is this justifiable? Seems like a relatively easy lawsuit to win, just requires the right attorney here to do it. This would be a major win for tax payers as well, as they’re paying for the unjustifiable GPS monitoring.

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I am not sure why this can’t be argued that it’s also a violation of “equal protection” since non sex offenders that are dangerous are not also bound by law, regardless of circumstances, to wear a GPS.

It should also be a separation of powers issue, with legislature mandating something that judges could already do on a case by case basis as part of their responsibility to punish, rehabilitate, and protect.

There is this law that contradicts what they are doing too:

U.S. v. DAVIS•452 F.3d 991, 995 (8th Cir. 2006)

Federal law requires the district courts to consider the “nature and circumstances of the offense and the history and characteristics of the defendant” when crafting a special condition of supervised release. See 18 U.S.C. §§ 3553(a)(1), 3583(d)(1); cf. United States v. Heidebur, 417 F.3d 1002, 1004-05 (8th Cir. 2005). That inquiry must take place on an individualized basis; a court may not impose a special condition on all those found guilty of a particular offense.

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