April 10, 2009
GPS monitoring can curb domestic violence

By Rep. Kimberley Rosen

Three women are killed every day in our country by their intimate partners and thousands more are battered. In Maine, 60 percent of all murders are domestic violence homicides. This problem has reached epidemic levels in our society, and financial stress will likely make it worse. Common protection measures, such as restraining orders and prohibited travel zones, have proven ineffective in preventing follow-on attacks.

I believe it is time to fight domestic violence with the best tools at our disposal. A bill I have submitted, LD 567, would use technology to ensure that persons charged with domestic violence crimes can be tracked by GPS to be sure they stay out of protective zones. This system of controlling offenders has been highly successful in Massachusetts and, if installed here, would help Maine become one of the leaders in the fight to end domestic violence.

LD 567, “An Act to Provide Increased Protection for Victims of Domestic Violence,” is currently in the Joint Standing Committee on Criminal Justice and Public Safety and is expected to come up for a vote in the House and Senate in the coming weeks. Besides authorizing court-ordered GPS tracking, it establishes the Electronic Monitoring Fund, which would use the proceeds of $200 fines from domestic violence offenders to defray the expenses of operating the monitoring program. The legislation also stipulates that a person charged with a domestic violence crime or violation of a protective order undergo a “dangerousness” assessment to gauge the likelihood of further attacks.

Obviously, it would be almost impossible to stop domestic violence from ever occurring. For victims, however, some of the most tragic consequences come in re-assaults. My bill is modeled in part on the Cindy Bischof Act, which took effect in Illinois in January. That law allows courts to order that abusers wear GPS tracking devices as a condition of bail in stalking situations. Cindy Bischof was killed by an ex-boyfriend, even though local law enforcement officers knew that the estranged boyfriend had violated orders of protection at least three times.

If Maine had GPS electronic monitoring of batterers, an order of protection would have real meaning. Under the new system, a participant would wear a global positioning anklet or bracelet that would alert law enforcement – and the victim – if the perpetrator was violating restricted area boundaries. The alert would sound instantly, enabling police officers to intercept him or her before reaching the victim. Violations of restraining orders and restricted zones are signs of increased danger and possible lethality to a battered victim. The GPS alerts also could be handled by private companies who monitor offenders and notify police and the victim immediately in case of a breach.

There are many advantages to a GPS system. For one thing, this technology can provide safety for the victims so they don’t bear the burden of hiding out in a shelter. She (or sometimes he) can remain safely at home and proceed with normal life without fear of being re-assaulted.

Second, offenders may be able to avoid jail while still being held responsible for their violence. Judges will be more willing to impose meaningful sanctions like GPS monitoring if it allows batterers to keep their jobs, contribute to child support and avoid incarceration without endangering their victims. That saves money for cash-strapped prisons.

My testimony to the Criminal Justice and Public Safety Committee was reinforced by a statement from Diane Rosenfeld, J.D., a lecturer at Harvard Law School. She wrote that GPS monitoring of batterers in high-risk cases is not a panacea, nor is it appropriate for all domestic violence cases. “Rather,” she wrote, “GPS monitoring must be used as part of a coordinated community response by teams that identify and respond to high-risk cases. When used in this way, in combination with other graduated sanctions [such as the use of jails or detention facilities], these teams of people working together can save lives. Domestic homicide can be prevented.”

My bill has taken some criticism in the Legislature for being too big and ambitious. We, as legislators, get criticized for not doing enough. I know this is a bold measure, but it is an opportunity for us to make a statement that Maine will no longer tolerate domestic violence.

State Rep. Kimberley Rosen (R-Bucksport), a third-term legislator, serves on the Transportation Committee

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