The Guardian: ‘Digital shackles’: the unexpected cruelty of ankle monitors
Every day at about 5pm, 60-year-old Willard Birts has to find a power outlet. Then he has towait two hours next to it while the battery on his ankle monitor recharges. If he lets the battery drain, or enters San Mateo county, he risks being sent back to jail while he awaits trial.
Birts pays $30 per day – that’s $840 per month – for the privilege of wearing the bulky device. It sucks up all his income, leaving him homeless and sleeping in his Ford Escape in Oakland.
“It’s like a rope around my neck,” he told the Guardian, a cable snaking across the floor from his ankle to the wall. “I can’t get my feet back on the ground.”
The use of GPS ankle monitors in the American criminal justice system is on the rise – up 140% between 2005 and 2015, says the latest data available. The government uses these devices to track the location of individuals to make sure they are complying with the terms of their release, whether that’s being at home every night after a certain time or avoiding specific places. They appear to offer a tantalising alternative to jail and the chance to be with family on the outside.
But wearers described them as digital shackles that deprive them of their liberties in cruel and unexpected ways.
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This kind of shit just makes my blood boil! Its time for the revolution folks. I’m an old hippie from the 60’s. we did it then against vietnam. we need to do it now to stop this nazi craziness!
Another money making deal for the state of Florida. Wonder who is padding their pockets with the money.
Not to mention it is barbaric.
$840 a month is more than my mortgage. That’s slavery.
During my pre-trial release I had to wear one of those damned things. Florida had a big thing about monitors malfunctioning. The “pre-trial release police” came banging on my door at 3 am—LOUDLY…..
I answered my door, sleepy-eyed. They told me that I was in violation. I said “oh yea…. Look at this $h!t and took them over to my base unit. I picked up my foot and laid it on the base monitor (ankle monitor touching the base monitor) and left it there for 5 whole minutes.
During that whole entire time it registered that I was “out of range”. Well the “pre-trial police” were NOT happy…. Come to find out the company who managed the ankle bracelets “accidentally” shut the whole system down.
There was a big article in the Sun Sentenel newspaper about this. They, Broward County, shut down the program right after that because of “transmission issues”.
Same thing here but in neighboring Miami-Dade county. I had the thing on for a year during my house arrest and it would come in and out of range even though I was always home. It would say I was somewhere else even though I would never leave my house. One time it registered or marked me in the middle of the Atlantic ocean ( no joke ). My probation officer called my cell asking me where I was because it is marking me in the Atlantic and I told her oh yea ! On occasion, I just like to go swim with the sharks or go pearl diving. lol. I told her I was always home and she sent two officers to my home within 5 minutes to verify. They are aware that these things on occasion malfunction and are not reliable at all.
I thought I just read recently that the US Supreme Court declared GPS monitors to be a form of a search and without a specific warrant it was an unlawful search in violation of the Constitution. I brought that up with probation and you might think I has set off a ‘stink bomb’ in the office. I was told that I voluntarily agreed to be monitored thus it was my choice, not the state making me wear it. Well, that was not exactly true. My home is in Florida, My family is in Florida. All my earthly possessions are in Florida. I wear it because the state of Florida will send me back to Virginia if I don’t. I would not exactly describe that as ‘voluntary’. I call it my “Good morning” punishment.
Up here in Michigan, parole is 2 years long, and they make you wear an ankle monitor the whole 2 years. It worked out to almost $10,000 in my case. The also have a Lifetime Electronic Monitoring requirement for sex offenders whose victim was under the age of 13. The damn things malfunction regularly, leaving you at risk for being declared non-compliant. If it loses signal at 3 AM, they call you and tell you to go outside to a clear area away from buildings until it regains signal. If the strap malfunctions, they issue an arrest warrant for you. I had mine removed 11 months ago, but I still have marks on my ankle that haven’t completely healed yet. I can’t imagine how the people who have to wear one the rest of their lives must feel.
@gerald
When did the state of Michigan mandate lifetime electronic monitoring requirements for convictions with victims under 13? I hadn’t heard about that one…is it a judge’s discretion call or is it mandatory in all cases? I’m in Michigan like you and didn’t know about that…
The Michigan Legislature added the law in 2006, under Michigan Penal Code MCL 750.520n. It applies to those convicted of first-degree criminal sexual conduct or second-degree criminal sexual conduct when the victim is 13 years or less and the defendant is 17 years or older. Anyone convicted of first or second-degree criminal sexual conduct is subject to lifetime electronic monitoring, even if the offense was nonviolent and even if it was the first offense. While I was in prison, the MDOC even began checking inmates files and reporting back to the sentencing courts in cases where it should have been part of the sentence, but wasn’t. I am proud to say that I handled the appeal of the issue for a couple of fellow inmates, and WON! http://www.fox2detroit.com/news/local-news/michigan-sex-offender-gets-out-of-lifetime-monitoring-after-sentencing-error One of my friends had a lawyer handling his appeal who wouldn’t include my argument because the prevailing case law was against it. I went straight to the Court Rules, and the Michigan Supreme Court completely agreed with me. Their decision was virtually word for word what I had argued. Because of my work, it is now the law that the sentencing court can’t go back and add that in after the judgment, unless the prosecutor objects within 6 months. It was the last case I worked on before being paroled. I think they were happy to get rid of me, as I had won several other appeals for inmates while I was there.
I want to add to my earlier post about lifetime gps in Michigan. It also applies to anyone convicted of First Degree CSC, regardless of the victim’s age. It is truly a scarlet letter because you have to wear it for your entire life.
I’ve had mine on since April 2009. They moved it from my right ankle…I fractured that ankle 5 years ago…to my left ankle. I can still feel it on my right ankle. You cannot wear something that long without doing damage.
Indeed and one can not be under constant stress of the registry without doing psychological damage – not only to the individual forced to be listed but also the spouse and family members!
I see the potential of a class action suit of historic proportions if just some law firm would get creative and go for it!
I am in if they do! Email me: [email protected]
Thank you!