MA- High court overturns GPS monitoring for sex offense suspects

5-7-2009 Massachusetts:

The state's highest court has ruled that it's illegal for authorities to use a GPS system to monitor alleged sex offenders who are released into the public while they await trial.

The Supreme Judicial Court said today that the law that allows GPS monitoring of people "on probation" for certain sex offenses applies only to offenders who have been placed on probation after being convicted of, or admitting to sufficient facts to be convicted of, the crimes.

"In sum, we must conclude from the language and history of [the law] that the Legislature intended the GPS requirement to apply only to convicted individuals," the court said in a seven-page ruling written by Justice Margot Botsford.

The law went into effect in late 2006. The GPS system consists of an ankle bracelet that is permanently attached to the person and a GPS-enabled cellular telephone that communicates with the bracelet and transmits the person's location to the state probation department, the court said. ..News Source.. by Globe Staff