If this is retroactive, it's clearly unconstitutional ex post facto sentencing.
If it isn't retroactive, sex offenders who are sentenced to wear the gps devices would have to be sentenced to lifetime active probation.
That the devices have to be visible some how, brings about cruel and unusual punishment arguments going back to colonial Massachusetts branding punishments.
Third problem is strict confidentiality issues on such huge amounts of gps data. The next step is the state will give access to gps tracking info to researchers looking for whatever. Or leaked gps info will get sex offenders attacked, intimidated or killed. Leaving the state liable to lawsuits.
Fourth, if the state actually knows where sex offenders are on a hourly basis, is the state then responsible to pick up and re arrest every sex offender who violates his/her probation and enters within the 500 or 1000 foot buffer zone of schools and parks or whatever terms of his/her probation? If offender drives past a school during his commute?
None of the politicians pushing this are seriously talking about this, and damned if it won't end up in the courts, where the whole law might get thrown out.
My profile page is now full of info from framer's days and what punishment is....because of a previous discussion of it.
I have a lot of respect and awe for our Founding Father's. But they were human and had no way of seeing where society would be 200 years later, and the way the justice system is manipulated.
Whatever the technical rubric it's under, as long as it's part of the original sentence, it's constitutional.
That the devices have to be visible some how, brings about cruel and unusual punishment arguments going back to colonial Massachusetts branding punishments.
Possible. However, if they can be hidden under clothing, I'm sure this would not be an issue. And, of course, people are restricted in their movements by visible ankle bracelets. Presumably, one can wear one and be outside of their house (but not far from it).
Third problem is strict confidentiality issues on such huge amounts of gps data.
From here, you're off topic. These are issues, but not constitutional ones. The convict has been prosecuted by due process of law and that's it. If it results in lawsuits or has issues related to Megan's law-type issues, it's not a constitutional question.
Fourth, if the state actually knows where sex offenders are on a hourly basis, is the state then responsible to pick up and re arrest every sex offender who violates his/her probation and enters within the 500 or 1000 foot buffer zone of schools and parks or whatever terms of his/her probation?
Once again, not a constitutional issue. And, if those buffer zones mean anything, then the offenders should be arrested if their daily commute does go through a school buffer zone.
You must have missed this part:
The law calls on Corrections to establish zones where offenders could not linger