ACLU-DE Sues Over GPS Monitoring

Update: A motion by the Department of Correction to dismiss the suit has been denied. We have a date for our appeal.

The American Civil Liberties Union of Delaware, Inc. has filed a law suit challenging the constitutionality and application of a state statute under which every Tier III sex offender on probation or parole is forced to wear a GPS monitor and pay a daily charge even for offenses committed before the statute was enacted in 2007 and without any determination by a court that they are a danger or that the monitoring would increase public safety.

The plaintiffs in this suit and many others in the state, are being forced to wear and pay for GPS monitors even though it has never been determined that monitoring them increases public safety. The U.S. Supreme Court about a month ago affirmed the argument in our suit based on a case out of North Carolina. It is time for Delaware to suspend the automatic use of GPS monitoring,” said Richard H. Morse, ACLU-DE Legal Director.

The suit is brought on behalf of three plaintiffs whose identity is being kept confidential with court approval. All three individuals were convicted of offenses well before the 2007 law was enacted.

CONTACT: Kathleen MacRae, Executive Director—302-654-5326 x102 (office), 505-681-3920 (cell); kmacrae@aclu-de.org

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One Comment

  1. keesha
    Posted July 16, 2015 at 3:24 am | Permalink

    Hi my name is keesha Thomas, my husband, was incarcerated for 23 years for a sex offence that took place in 1990 when he was released, he wasn’t aware of the fact that he had to wear the GPS braclet ,me me and my husband do not think it’s fair at all ,he can’t do anything, because of this device, he has lost jobs,when he came home it was hard for him to adapt to society, he has been out of society for two decades and he has to learn how to adapt because so much has changed, he had issues and relapsed, so the judge put him back in a level 5 facility, he needs help and I’m trying my best to get him the help he needs, but a level 5 facility is not the place and the prison is overcrowded, inmates sleeping on the floor it’s ridiculous, I am so discussed with Delaware prison system as well as the laws,

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