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December 20, 2012

Wisconsin talk of GPS tracking all with domestic violence restraining orders

The Milwaukee Journal-Sentinel has this interesting lengthy article about a new technocorrections development in Wisconsin.  The piece is headlined "Walker: GPS monitoring needed for those with restraining orders," and here are excerpts:

Gov. Scott Walker wants people who have domestic violence restraining orders issued against them placed on GPS monitoring so victims will be alerted when their assailants are nearby.  The idea — which Walker said is still under development and may be included in the state budget he introduces in February — is in response to the October shooting at the Azana Salon & Spa in Brookfield.

The proposal comes as policy-makers around the country debate how to prevent mass shootings like Friday's massacre in Connecticut that killed 20 first-graders and six adults. The perpetrator, Adam Lanza, killed his mother before going on the rampage at Sandy Hook Elementary School in Newtown, where he then killed himself.

Walker said Wednesday that for now he is focused more on this year's shootings in Brookfield and at the Sikh Temple of Wisconsin in Oak Creek because more information is known about them.  He said more details about what happened in Connecticut are likely to come out in the weeks ahead, and that would provide the public a better sense of what laws, if any, need to change....

The Connecticut shooting comes just months after two deadly sprees in Wisconsin.  In August, white supremacist Wade Michael Page killed six people at the Sikh temple before he was shot by police and then killed himself.  In October, Radcliffe Haughton killed his estranged wife Zina and two of her co-workers at Azana, wounded four others and took his own life.

The Republican governor said he is "very interested" in including in his budget proposal a provision that people with domestic violence restraining orders against them be placed on global-positioning monitors.  He said he is still working on details....

Walker signed a law this year that allows judges to put people on GPS tracking if they violate a restraining order and are found to be more likely than not to cause serious bodily harm to the person who sought the order.  The law takes full effect in 2014.   The measure passed with overwhelming support.  Only Sens. Glenn Grothman (R-West Bend) and Lena Taylor (D-Milwaukee) voted against it.

Grothman expressed concerns about Walker's latest proposal. "It sounds like a lot of money, but having the government monitor that many people seems a little offensive," he said.  More than 15,000 new restraining orders and injunctions are issued a year on average in Wisconsin, according to the state Department of Corrections.  The agency's data does not say how many of those were related to domestic violence.

"I've always been afraid that over time government will use GPS technology to keep track of a larger and larger segment of the population," Grothman said.  "It does not take a strong burden of proof to get a restraining order, and I don't think we need 15,000 people in this state being monitored."

Walker said the cost would be borne by the people who had restraining orders issued against them.  The Department of Corrections monitors some sex offenders at a cost of $6.90 a day per offender.  If those under a domestic violence restraining order were put on GPS monitoring and charged the same rate for six months, it would cost them more than $1,200.  If those people could not afford to pay for their monitoring, it could add up to millions of dollars a year that taxpayers would pick up.

Tony Gibart, policy development coordinator for the Wisconsin Coalition Against Domestic Violence, said his group supports increased monitoring of domestic abusers but noted that many issues in Walker's proposal would need to be worked out.  "I think there are a lot of legal and practical matters that would have to be thought through," Gibart said.

Many with restraining orders against them won't be able to pay, he said.  Additionally, victims and assailants often share children, and the assailant is responsible for helping to pay to take care of the children.  If they have to pay for their GPS devices, that makes it harder for them to pay costs such as child support....

Tamara Packard, a civil rights attorney in Madison, said she has civil liberties concerns in the government tracking a person who hasn't been convicted of any crime.  "The question is whether that's something that's possible under the Constitution and whether that's something that we want in our society," Packard said.

December 20, 2012 at 10:11 AM | Permalink


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From Kentucky.com April 2010

FRANKFORT — After weeks of negotiations, the General Assembly late Wednesday gave final approval to a compromise version of House Bill 1, intended to protect domestic violence victims, and sent it to Gov. Steve Beshear.

The Senate and House voted unanimously for a version of the measure, known as "Amanda's Bill," that would allow judges to order electronic monitoring in domestic-violence cases if certain violations of protective orders occur, such as assault, burglary or kidnapping.

The tracking devices would alert victims and police if alleged abusers get too close.

House Speaker Greg Stumbo, D-Prestonsburg, sponsored the bill in response to the Sept. 11 shooting death of state worker Amanda Ross in Lexington. Former state Rep. Steve Nunn was charged with her murder and has pleaded not guilty. Ross sought court protection from Nunn before she was gunned down.

"This bill has been refined right up to the last minute to make sure we have the best possible tool for judges to use in these cases," Stumbo said Wednesday. "I'm proud we could help to make this a reality in honor of Amanda Ross and that we laid the groundwork for future progress in reducing domestic violence."

Part of Ross' legacy is the attention now being paid to domestic violence in Kentucky, said Ross family spokesman Dale Emmons. "We're happy," Emmons said. "Amanda's family and her friends think this is a good compromise."

Originally, the bill called for earlier and more widespread use of tracking devices. Police would have assessed the dangerousness of defendants in protective order requests and reported their findings to judges, who would decide on a case-by-case basis if tracking devices were needed. Violations of the protective order would not be necessary.

Senate Judiciary Chairman Tom Jensen, R-London, said judges told him that they wanted more clarity on when to order tracking devices. As amended by a conference committee of Senate and House members, the bill lists a dozen offenses that could allow judges to order a tracking device.

Judges also can jail or otherwise punish someone who violates a domestic violence order, Jensen said.

Some domestic violence activists have criticized the changes, saying they weakened the bill by requiring abusers to violate protective orders before using tracking devices. Critics also called for extending domestic violence protections to dating partners; the final version did not. The final version did drop a requirement that alleged victims be warned about possible perjury charges if they lie on their protective order applications.

Read more here: http://www.kentucky.com/2010/04/15/1224734/amandas-bill-to-become-amandas.html#storylink=cpy

Posted by: folly | Dec 22, 2012 10:07:18 AM

What a friggin waste of time and money!

"The Senate and House voted unanimously for a version of the measure, known as "Amanda's Bill," that would allow judges to order electronic monitoring in domestic-violence cases if certain violations of protective orders occur, such as assault, burglary or kidnapping."

Now Rodmsith here would figure if someone has just comitted the following crimes


Said criminal's ass should be in a 6x6 cell not on the street with a tracker!

But hell what do i know!

Of course if said criminal tried those at my house they would just be DEAD!

Posted by: rodsmith | Dec 22, 2012 12:49:49 PM

What my take on this retarded bill is these treasnous senators have decided to Violate the United States Constituion of the other party in these court cases and apply a criminal penalty i.e tracking device absent a criminal conviction!

Since a normal person would consider any criminal conviction for these listed crimes would call for PRISON time not a tracker!

Posted by: rodsmith | Dec 22, 2012 12:53:08 PM

What happened None of you lawyers figure out a why to defend this illegal and treanous shit?

Posted by: rodsmith | Dec 24, 2012 9:03:25 PM

Hope everything here is going great for the benefits of the many.Let justice and equality always prevail and not the crimes in the name of world peace.

Posted by: Brungardt Hammons | Apr 15, 2013 9:10:29 AM

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