Massachusetts Supreme Judicial Court Declares GPS Monitoring Strictly Illegal if Not Announced in Open Court At the Sentencing Hearing

John G. Mateus, Esq.

Ankle_Monitor_Lyman_0.JPGCase Summary for Commonwealth v. Grundman, ____Mass.___(March 22, 2018), SJC Docket No. 12264.

SUMMARY: After the defendant pled guilty to multiple counts of child rape, he was sentenced to both incarceration and probation, but it was not announced at the sentencing hearing that he would have GPS monitoring as part of his probation. Despite that, probation subjected him to GPS (global position satellite) monitoring, and when the defendant moved to have the GPS removed ten months later as illegal, the court resentenced him to probation with GPS monitoring. On appeal, the SJC found that the GPS monitoring was illegal because it was not announced in open court at the original sentencing hearing, and that the resentencing was illegal as well; it ordered reversal and for the trial court to remove the GPS monitoring.

DECISION,JUDGES, WRITER: Unanimous 4-0 (quorum), by Justices Gants, C.J., Gaziano, Lowy, & Budd, JJ…

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