New Bill Proposes GPS Tracking of Domestic Violence Offenders

A bill has been introduced in the legislature that would allow for GPS tracking of domestic violence offenders. Has that been tried elsewhere? Would it be constitutional? Would it open the door to tracking other types of people? This post tackles those questions. The bill. House Bill 41 provides in part that “[t]he North Carolina Department of Public Safety, in consultation with local law enforcement agencies, the courts, and other appropriate local entities, shall conduct a pilot program for the use of [GPS] tracking devices on domestic violence offenders. The pilot program shall be conducted in Forsyth County.” Though the details of the program would be determined by the participating agencies, the general idea is to track some or all “offenders who violate a domestic violence protective order.” This would go beyond provisions in current law. Current law allows defendants with pending charges to be released under “[h]ouse arrest with electronic monitoring.” G.S. 15A-534 (a)(5). It also allows defendants on probation to be required to remain at home, enforced by electronic monitoring. G.S. 15A-1343(b1)(3c). By contrast, the pilot program seemingly would not be limited to defendants awaiting trial or to offenders on probation, and it would not be limited to persons ordered to remain at home. As an aside, for defendants or offenders who are subject to a domestic violence protective order, current G.S. 50B-3(a)(13) states that a DVPO may include “any additional prohibitions or requirements the court deems necessary to protect any party or any minor child.” However, I’m not [...]