Convicted Persons in the United States

Introduction to Convicted Persons

GPS Monitoring of Convicted Persons in California

by John Buchanan (2010)

In a quiet but dramatic expansion, the number of California convicts monitored by global positioning systems (GPS) has jumped exponentially – from 80 in 2004 to more than 7,000 in 2010. With satellite-tracked ankle bracelets now used as both an alternative to incarceration and a mechanism for tracking parolees, more offenders are being fitted with the technology. Driving the trend are prison spending cuts and the requirements of Jessica’s Law, passed in 2006, which mandates lifetime GPS tracking of sex offenders (Cal. Penal Code § 3000.07).

And the number of convicts eligible for GPS tracking appears poised to keep growing. In the fall of year 2010, Gov. Arnold Schwarzenegger signed Chelsea’s Law (AB 1844), which extends lifetime GPS monitoring programs to cover those convicted of forcible sex crimes against children under age 14. Additionally, the state department of corrections -which spends about $60 million a year on GPS monitoring – is broadening its real-time geographical tracking to include 1,000 gang members who have a history of violence or weapons possession. If more funding becomes available, the state would explore using the technology for cases involving domestic violence and burglaries.

But the effectiveness of GPS oversight remains to be seen. Despite its potential benefits for individual cases and growing popularity nationwide, empirical research has shown no connection between the technology and crime deterrence. In fact, a recent study found that GPS monitoring appeared to have “little effect on parolee recidivism,” according to the Center for Evidence-Based Corrections at UC Irvine.

Of course, it matters how GPS monitoring is implemented. “I don’t think it’s being used up to its optimum potential,” says Susan Turner, the lead author of the UC Irvine study. “Parole officers are not being sufficiently trained in adopting the technology.”

Dan Stone of the California Department of Corrections and Rehabilitation (CDCR) acknowledges that research hasn’t yet shown that GPS monitoring reduces recidivism, at least when it comes to sex offenders: “It is just one tool we use, in addition to others.” Nevertheless, he says, GPS tracking has proved useful. For example, within the first 48 hours of a child-abduction Amber Alert, it has eliminated suspects nowhere near the incident.

But some criminologists remain skeptical of GPS monitoring. “It’s a very simplistic policy designed to address an extremely complicated problem,” says Richard Wright, who specializes in sex offender policy at Massachusetts’ Bridgewater State University. He likens GPS bracelets to failed measures such as residence restrictions.

Inside the courtroom, lawyers have begun to use GPS data in novel ways. Edmund Montgomery, a San Bernardino attorney and family court judge pro tem, says GPS coordinates can be introduced as evidence in cases involving claims of restraining order violations. “I’ve seen it used to prove that someone is stalking, and I’ve seen it used to prove that someone is innocent,” he says.

GPS technology could also be required as a condition for setting bail and to monitor individuals on house arrest, proponents say. “I think many judges will find that GPS technology will increase their comfort level when it comes to [considering] public safety” in whether to grant bail, says Orange County defense attorney Brian Gurwitz.

Even as California looks to increase GPS monitoring, CDCR’s Stone cautions that the technology is not a panacea. The public’s misperceptions of satellite monitoring have “created a false sense of security, to some extent,” he says. “But as a tool, GPS has value. And I think we’ll see that value continue to grow.”

Convicted Persons

Convicted Persons in the United States

Introduction to Convicted Persons

GPS Monitoring of Convicted Persons in California

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