In a recent case – Commonwealth v. Grundman – the Supreme Judicial Court ruled that GPS could not be imposed as an additional condition of release approximately ten months after the defendant’s original sentencing hearing.
The background was as follows. The defendant pleaded guilty to several counts of rape of a child and was sentenced to a term of incarceration and a term of probation. “In open court, the clerk announced that the defendant’s sentence would be ‘subject to the terms and conditions of the probation department.’…. The clerk then announced … fifteen special conditions.” However, “[d]espite the provisions of G.L. c.265, §47, mandating that defendants convicted of certain sex offenses, including rape of a child, be subject to global positioning system (GPS) monitoring as a condition of any term of probation,” the clerk did not announce that condition. “Similarly, neither the judge nor the parties had mentioned a GPS monitoring condition during the sentencing hearing or the plea colloquy…. Shortly after sentencing, the defendant signed a probation contract stating that he was required to ‘wear a GPS … device in accordance with … c.265, §47.’ The probation contract was signed by a Superior Court judge different from the judge who sentenced the defendant. That judge’s signature was dated two days after the defendant’s sentencing hearing. The GPS monitoring condition was also memorialized on the docket. Approximately ten months after the defendant’s sentence was imposed, he filed a motion to remove the GPS monitoring condition from the docket, claiming it had been erroneously entered. Although the condition had not been announced at sentencing, the judge determined that he could correct this mistake because the defendant’s guilty plea to the rape of a child was subject to mandatory GPS monitoring as a condition of probation under [c.265,] §47. The judge then resentenced the defendant to include GPS monitoring as a special condition of probation.” Continue reading →