GPS Tracking of Offenders Exposed

GPS Tracking for Offenders was adopted by ALEC's Criminal Justice Task Force at the Annual Meeting in August, 2007, approved by the ALEC Board of Directors in September, 2007. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

ALEC Bill Text

Summary

This Act enables State and local authorities to utilize GPS electronic monitoring as a means of tracking offenders and pre-trial defendants within community supervision. Further, the Act ensures agencies utilize the best technology available. The Act shall create incarceration penalties for program participants who do not following the program protocols.

Model Legislation

Section 1. {Title}

This Act shall be known as the [ ] Act.

Section 2. {Definitions}

1. As used in this Act the term ‘offender’ shall mean

2. The term ‘pre-trial defendant’ shall mean

3. The term ‘program participant’ shall mean

4. ‘GPS electronic monitoring’ shall mean

5. ‘Unit’ shall mean

Section 3. {Use of Electronic Monitoring}

1. State [], County [], and Municipal [] shall monitor offenders and pre-trial defendants that pass accepted risk assessment evaluations to enter the community under GPS electronic monitoring supervision.

2. The monitoring agency shall utilize the best GPS electronic monitoring technology available. The tracking system shall at a minimum:

a. Utilize a continuously worn, non-removable, waterproof, shock-resistant, hardened, single-piece tracking device attached to the ankle of the program participant.

b. The unit shall self-acquire location information without interaction from the program participant.

c. Report is near real-time if the offender tampers with the unit, is in a prohibited area or departs from a specific geographic limitation, or unless the agency chooses to use non real-time reporting due to geographic limitations.

d. The unit shall have memory onboard so that location and other information shall be stored if power or cell coverage is lost and will send all information once power and cell coverage is restored.

3. Agencies selecting vendors for electronic monitoring shall test the equipment to see that it meets the minimum standards of this Act.

Section 4. {Criminal Penalties for Failure to Comply to Electronic Monitoring Program}

1. Program Participants shall sign statements binding them to the rules of the program for electronic monitoring to be eligible for program participation. Failure to understand and sign the statement shall then require them to remain incarcerated through the term of confinement associated with the participant’s time in the program.

2. The statement paper may have the following terms:

a. Ability for law enforcement to enter their residence and search their belongings

b. People and places the participant agrees to stay away from

c. Places the participant agrees to go to

d. Agreement to not remove or tamper with electronic monitoring equipment

e. Agreement to charge the electronic monitoring equipment

f. Agreement to pay fees associated with being on the program if required

g. Acceptance of all above terms and the acceptance that violation of these terms will lead to incarceration.

3. Failure to comply charges will be determined by the monitoring agency. Those charges will lead to a time of incarceration of not less than [].

Section 6. {Severability Clause}

Section 7. {Repealer Clause}

Section 8. {Effective Date}

Adopted by the Criminal Justice Task Force at the Annual Meeting, August 2007.

Approved by the ALEC Board of Directors September 2007.