The state’s highest court has ruled it is constitutional to require sex offenders classified as high risk to wear and pay for GPS ankle bracelets while on probation or parole.
Delaware’s Supreme Court upheld last August’s Chancery Court decision rejecting a claim made by three anonymous sex offenders represented by the ACLU.
ACLU attorneys argued before the court last week that a judge should deem whether or not he or she is enough of a risk to require further monitoring. They also said the law in question shouldn’t apply to these offenders because they were sentenced prior its enactment in 2007.
Right now, a person’s risk level is solely determined by their original crime.
ACLU lawyers also argued the GPS monitors, which cost each ex-offender about $4.50 a day, constitute an improper search.
In her opinion, Vice Chancellor Tamika Montgomery-Reeves said those on probation or parole don’t have the same right to privacy as general citizens.