Source: newsweek.com 11/28/22 Many of the most progressive countries in the world are making use of technology to promote rehabilitation and reduce incarceration. Yet blue states like Massachusetts and left-leaning advocacy organizations remain hostile to use of electronic monitoring (EM) methods. They are overlooking the benefits of EM—even from a progressive standpoint. Progressives’ typically formulated criminal justice goal is laudatory: to minimize incarceration consistent with public safety, and to maximize the rehabilitation of offenders. But achieving these ends has been, to say the least, problematic. Progressives commonly urge more addiction…
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Seventh Circuit Examines Lifetime GPS Tracking of Sex Offenders
[courthousenews.com – 9/18/20] CHICAGO (CN) — The Seventh Circuit on Friday weighed the intrusiveness of a Wisconsin statute that institutes lifetime GPS monitoring of certain convicted sex offenders against the necessity of preventing further offenses from that particular class of criminals. The underlying suit was first filed as a federal class action by eight registered sex offenders in March 2019. They argued that a 2017 statutory interpretation by former Wisconsin Attorney General Brad Schimel that broadened the class of sex offenders subjected to lifetime GPS monitoring after the completion of…
Read MoreLiving with 290: Advice, please
I feel so very sad for my son. He was in prison on pumped up accusations and now has a monitor on. He has suvere nightmares and PTSD. Because of the Covid19 he can’t get into mental health or get any medicine for anxiety. He was told at sentencing his parole would be 3 or 5 years but they bumped it up to 10. Can he ever get the parole lowered? Can he get the monitor off soon? Will he be able to get an out of county transfer? He…
Read MoreGA: Lawmakers seek sex predator tracking bill that’s constitutional
Georgia legislators aim to close a loophole that’s now preventing the state from using ankle monitors to track more than 400 sex offenders. Some House and Senate lawmakers are backing legislation that would give judges the ability to impose lifetime electronic monitoring as part of someone’s sentence if a sex offender is deemed to have a strong chance of reoffending. The proposals follow a Georgia Supreme Court ruling that it is unconstitutional for the state to require around-the-clock GPS tracking after the felony sex offender has completed their sentence. Full…
Read MoreGA: New Legislation Would Allow Lifelong GPS Monitoring of Sex Offenders
When the Georgia Supreme Court declared unconstitutional a law allowing convicted sex offenders to be ordered to wear GPS ankle monitors for the rest of their lives after release from prison, several justices offered a concurring opinion saying the Legislature could write a law requiring such monitoring that would pass constitutional muster. Full Article
Read MoreCould GPS-Tracked Sex Offenders Go Unmonitored During Power Shutoffs?
SACRAMENTO (CBS13) – Hundreds of thousands of Californians remain in the dark as another round of planned power outages hit California. Parts of 29 counties and nearly 600,000 customers are affected. And now the shutoffs are raising new concerns that violent offenders could take advantage of the outages. Victims rights groups say the fear is real. They want to make sure offenders using tracking devices are being monitored. Full Article
Read MoreNC: GPS monitoring violates some sex offenders’ rights, NC Supreme Court rules
[thestate.com – 8/16/19] Sex offenders have rights, too, and in some cases the state has been violating those rights, the NC Supreme Court ruled on Friday. The ruling concerns people who have been ordered to submit to satellite-based monitoring for the rest of their lives, which forces them to wear a tracking device so law enforcement can track their location via GPS using an ankle bracelet. Nearly 500 North Carolina sex offenders could now be freed from lifetime surveillance by the GPS monitoring program. However, it’s not yet clear how…
Read MoreNC: Court Reverses Order for Convicted Sex Offender to Wear GPS-monitoring System for Life
North Carolina’s second-highest court has reversed a decision requiring a man who pleaded guilty to taking indecent liberties with a child to wear a monitoring system for the rest of his life. Full Article
Read MoreJanice’s Journal: Flowers of Justice are Blooming
Spring has begun and the flowers of justice are blooming. One of these flowers, which is especially beautiful and fragrant, is a decision issued today by the Massachusetts Supreme Court that significantly limits the use of GPS devices for those convicted of a sex offense even if the registrant is on probation. In its decision, the Court determined that GPS monitoring of an individual convicted of possessing and distributing child pornography constitutes a violation of the Fourth Amendment which protects against unreasonable searches. Specifically, the court stated that “(t)he government’s…
Read MoreGA: Georgia Court blocks lifelong GPS tracking of sex offenders
[thebrunswicknews.com – 3/4/19] Georgia’s highest court says it’s unconstitutional to require “sexually dangerous predators” to remain on electronic GPS monitoring after completing their sentences. The unanimous Georgia Supreme Court opinion published Monday says that violates the Fourth Amendment protection against “unreasonable searches and seizures.” Read more
Read MoreNC: High court weighs if tracking sex offenders reasonable
North Carolina’s Supreme Court is re-evaluating whether forcing sex offenders to be perpetually tracked by GPS-linked devices, sometimes for the rest of their lives, is justified or a Constitution-violating unreasonable search. The state’s highest court next month takes up the case of repeat sex offender Torrey Grady. It comes three years after the U.S. Supreme Court ruled in his case that mandating GPS ankle monitors for ex-cons is a serious privacy concern. Full Article
Read MoreFederal judges butt heads with U.S. lawmakers over legality of ankle monitors for nonviolent suspects
In a clash that has surfaced in federal courthouses across the country and a recent Houston case, a collection of judges have held it is their duty to set conditions of release for accused sex offenders despite a strict law that limits their discretion. Full Article
Read MoreNC: Court Determines GPS Tracking Devices Unconstitutional
The North Carolina Court of Appeals ruled yesterday that the state government’s requirement that registrants wear a GPS tracking device is an unreasonable search which violates the 4th Amendment of the U.S. Constitution. The Court’s decision is based upon the state government’s failure to prove that GPS tracking is “effective to serve the State’s interest in protecting the public against sex offenders.” “This is a courageous and wise decision,” stated ACSOL Executive Director Janice Bellucci. “Our hope is that courts throughout the nation will choose to follow it.” In its…
Read MoreRegistry Matters Episode 25 – Why GPS monitoring should be 1 of the 7 deadly sins
[narsol.org – 5/22/18] Why GPS monitoring should be 1 of the 7 deadly sins A malfunction in the charging could land you in jail. No access to power? Could land you in jail. Poor cell signal? Could result in being detained while proof is obtained. You could spend a week or more in jail for an unspecified violation. Spending time in jail could lose you your job which can lead to loss of housing. The GPS.gov website cites a 16’ radius of accuracy in the best conditions. Read more and…
Read MoreNC: Appeals court reverses twice-convicted sex offender’s lifetime GPS monitoring
[wect.com 5/15/18] NEW HANOVER COUNTY, NC (WECT) – A state appeals court has reversed a ruling that would have required a twice-convicted sex offender wear a GPS monitoring bracelet for the rest of his life. In 1997, Torrey Dale Grady, 39, pleaded no contest to a second-degree sex offense, and in 2006, he pleaded guilty to taking indecent liberties with a child. Both incidents took place in New Hanover County. Although Grady was not initially required to enroll in the state’s satellite-based monitoring program (SBM) after either conviction, in 2013…
Read MoreWI: Lifetime GPS monitoring not punishment
A Wisconsin judge wasn’t required to tell a man he would face a lifetime of GPS monitoring upon pleading guilty to child sex crimes because such monitoring is a public safety measure, not a form of punishment, the state Supreme Court ruled Friday. Full Article
Read MoreMonitoring the Use of Electronic Monitoring
One February night in 2009, our phone rang. It was two in the morning. My 95-year-old mother was on the line. She told me she was having chest pains, thought she was having a heart attack, and had already called 911. Since she lived less than a mile away, my immediate response should have been to rush to her side. Instead, I dialed the 1-800 number anyone on parole on an electronic monitoring device is required to call. The operator picked up after 15 minutes and told me I needed the…
Read MoreWI: Losing Track
[UPDATED links 3/4/18] [wisconsinwatch.org] Losing Track by the Wisconsin Center for Investigative Journalism explores flaws in Wisconsin’s GPS monitoring program for offenders. In 2013, the Center exposed problems including false alerts and lost signals that sent offenders to jail even when they did not violate terms of the monitoring. Full Series Related links: Opponents claim GPS monitoring violates civil rights; judges not so sure [Added 3/4/18] Homeless offenders create gaps in Wisconsin’s GPS monitoring system [Added 3/4/18] Electronic monitoring pioneer wants less punishment, more reward [Added 3/4/18]
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