GPS/Electronic Monitoring
Recently, the ProJo published a story about Richard Smith, the first Rhode Islander to be tracked by GPS. Smith is a Level I sex offender who pled nolo to four of the twenty-two counts of second-degree child molestation filed against him. As of October of 2008, Richard Smith has completed his two sentences, including his terms of probation. Yet the Parole Board, in its discretion, has decided to place Smith on thirty years of post-conviction supervision. Smith will have the opportunity to ask the Parole Board to take off the GPS after he has completed half of his term (in this case, fifteen years).
GPS monitoring of sex offenders is a new concept for the State of Rhode Island. By tracking sex offenders via satellite, the State will know the location of its subjects at all times. A more common monitoring method used by Rhode Island has been to electronically monitor parolees with ankle bracelets (which send out radio frequencies). The bracelets have been used to notify state correctional officers if the subject travels outside of a certain location, or removes/tampers with the bracelet.
While GPS monitoring may seem intrusive to some, Richard Smith was quoted as saying he feels “saved” and “covered” by the device. To Smith, it is a comfort to know that if someone accuses him of something he does not do, the GPS device may help clear his name by proving that he was in a different location. Smith also told reporters that the device, along with counseling and the support of his parole officer, has helped prevent his temptation to recidivate.
The “Jessica Lunsford Child Predator Act of 2006″ requires lifetime GPS monitoring of: those defendants who, after January 1, 2007, are: (1) convicted of first-degree child molestation against a child 12 years old or younger; or (2) convicted of first-degree child molestation against a child 1 years old or younger, is classified as a Level III Sex Offender, and is either (a) deemed a child predator under state law, or (b) committed the act(s) along with kidnapping, torture or aggravated battery. R.I.G.L. § 11-37-8.2.1. Anyone who fails to comply with the GPS conditions will be guilty of a misdemeanor, and anyone who intentionally tampers with the GPS equipment will be guilty of a felony.
What are your thoughts about the benefits and burdens of GPS monitoring of sex offenders?
Update: RI Parole Board Puts Sex Offenders on GPS in Error (posted 9/12/11)
Attorney Godin has been receiving several calls from sex offenders over the last few weeks. The calls described the offenders being placed on GPS monitoring after being convicted of crimes other than first-degree child molestation.
Pursuant to R.I.G.L. § 11-37-8.2.1, only those convicted of first-degree child molestation after January 1, 2007 (1) whose case involved a victim twelve years old or younger, or (2) in which the offender was classified as a Level III and deemed a child predator, or committed first-degree child molestation while committing kidnapping, torture or aggravated battery, whose victim was fourteen years old or younger, shall be required to wear GPS.
Apparently, the Parole Board has been imposing these conditions on offenders who do not meet the above-listed requirements. After Attorney Godin spoke with an official in the Sex Offender Community Notification Unit (“SOCNU”), she was informed that the SOCNU was going to be in contact with the Parole Board to let them know they were imposing this GPS condition in error.
If you or a loved one has been told by the Parole Board that he or she is required to wear GPS, and you do not believe the offender meets the requirements of the above statute, please feel free to contact Attorney Kate Godin at (401) 274-2423 or email her at kg@katherinegodinlaw.com.
Update (9/14/11): Apparently, the Parole Board is fighting the issue, claiming authority to impose whatever conditions it deems appropriate under R.I.G.L. section 13-8-30 and R.I.G.L. section 13-8-32, both of which are silent on the issue of second-degree child molestation and GPS/electronic monitoring.
Attorney Godin will be fighting the issue, possibly in Superior Court. Please contact The Law Office of Katherine Godin, Inc. if you or a loved one is being told they have to wear electronic monitoring and you do not believe they qualify under R.I.G.L. section 11-37-8.2.1 or R.I.G.L. section 13-8-30.
Again, if you or a loved one is interested in finding out whether you qualify for the electronic monitoring provision, feel free to contact The Law Office of Katherine Godin, Inc. at the information listed below.
For more information about legal representation of those charged with sex crimes, please visit: http://katherinegodinlaw.com/areas-of-law/sex-crimes/
Katherine E. Godin, Esq.
The Law Office of Katherine Godin, Inc.
615 Jefferson Blvd.
Warwick, RI 02886
Phone: (401) 274-2423
Fax: (401) 489-7580
Email: kg@katherinegodinlaw.com
Website: http://www.katherinegodinlaw.com
