How do courts use GPS technology to track offenders?
Some states have specific laws that allow judges and law enforcement to use technology, such as GPS, in ways that are intended to protect victims of domestic violence or stalking. There are two types of GPS tracking – “active” and “passive.” Active tracking sends alerts if the abuser enters a location where s/he is prohibited. The alerts may be sent to you, to law enforcement, or to any court-ordered supervision agency that is monitoring the offender. An abuser wearing passive GPS tracking may only be required to upload his/her location history periodically. The location history may then be reviewed from time to time by a probation officer or it may be used as a tool by law enforcement if needed. Depending on your state, a judge may be able to order GPS tracking in a criminal or civil court case.
Are there any risks to having an offender’s location tracked?
Tracking abusers with GPS technology can have risks if the victim relies solely upon the GPS tracking to stay safe. For example, passive GPS monitoring does not provide real-time alerts. It will not warn you that the abuser is approaching you. And active GPS monitoring requires good procedures to be effective. Law enforcement must quickly respond when an abuser enters a prohibited location near you. The court must have proper procedures in place if an abuser violates a court order.
If a victim is relying heavily upon active GPS monitoring technology to send an alert if the abuser is nearby, it’s important to keep in mind that the technology might fail.
You may want to talk to a domestic violence advocate for help making a safety plan.