February 16, 2005
HEALEY PROPOSES GPS TRACKING TO PROTECT DOMESTIC VIOLENCE VICTIMS
Bill also gives prosecutors new tools to protect crucial witnesses in gang crimes
Lieutenant Governor Kerry Healey today filed first-in-the-nation legislation that will use Global Positioning System (GPS) technology to protect victims of domestic violence from their abusers and witnesses of gang crimes from dangerous or life-threatening situations.
Noting that violent abusers far too often scare their victims into hiding, Healey said the proposed legislation will allow the courts to require abusers who violate their restraining orders to wear a GPS monitoring device as a condition of their probation. The GPS technology will alert the victim and law enforcement officials if the offender enters certain restricted areas, including the victim’s home, workplace and child’s school.
“To break free from horrific relationships, victims of domestic violence and their families should not be forced to abandon their lives,” said Healey.
If the abuser enters the GPS exclusion zones – which are pre-determined by the court – probation will be revoked and the defendant will be fined or re-incarcerated. Abusers who violate the conditions of their restraining order will be punished by up to a $5,000 fine or up to 2½ years in the house of correction.
If they have the means to pay, offenders will also be financially responsible for expenses regarding the GPS bracelet, which is estimated to cost $10 per person each day.
“This legislation marks what we believe will be remembered as a historic turning point in our approach to protecting domestic violence victims,” said Nancy Scannell, Director of Government Affairs at Jane Doe, Inc. “Until now, the burden of victim safety has been borne largely by victims themselves. GPS tracking appropriately shifts that burden to offenders.”
Healey also introduced two initiatives that will crack down on gang crime by giving prosecutors the tools they need to protect key witnesses and enabling them to bring charges against those who attempt to silence witnesses.
Under the proposed legislation, prosecutors will be able to seek punishment for those who attempt to influence and tamper with cases by intimidating potential witnesses. Anyone who threatens or injures a witness will face up to 10 years in state prison and up to a $5,000 fine. If serious bodily injury occurs, the sentence could be hiked up to 20 years and up to a $5,000 fine.
To encourage individuals to come forward and testify, the courts will be authorized to issue restraining orders to protect witnesses from defendants. Violating the restraining order will be a criminal offense, punishable by up to a $5,000 fine or up to 2½ years in the house of correction.
In addition, if the restraining order is compromised, the courts will have the power to order the defendant to wear a GPS tracking device as a condition of pretrial release. If the offender enters an exclusion zone, he will no longer be eligible for bail or pre-trial release. Any breach of the restraining order will carry a fine of up to $5,000 and imprisonment of up to 2½ years in a house of correction.
The proposal also cracks down on gang members who try to impede criminal proceedings by circulating grand jury testimony with the intent to intimidate witnesses from testifying at trial. The proposed bill will make the use of grand jury transcripts or minutes of testimony to carry out that purpose a crime punishable by up to five years in prison, 2½ years in the house of correction or up to a $5,000 fine.
“Justice hangs in the balance unless critical witnesses can testify without the fear of retaliation,” said Healey.
The plan also calls for witness protection services for those who face serious threat or harm for testifying in gang-related cases. Prosecutors will have the authority to transfer witnesses and, if necessary, their families, to public housing facilities and provide public school relocations for children.
Suffolk County District Attorney Dan Conley endorsed Healey’s legislation. He said, “Make no mistake: intimidation has consequences that go far beyond the original victim or witness. This is a fight for the integrity of the entire criminal justice system, it’s a fight for civil rights and it’s a fight over who controls our neighborhoods – law-abiding residents or those who spread fear and violence. What Lieutenant Governor Healey has proposed should give heart to victims, to residents of neighborhoods most impacted by witness intimidation and to law enforcement. The state’s district attorneys are urging the Legislature to pass these measures quickly.”
The bill also creates a witness protection commission within the Attorney General’s office, comprised of the Secretary of Public Safety, the Attorney General and a District Attorney, which will oversee the witness protection program.
As a criminologist and former consultant to the U.S. Department of Justice in the 1990s, Healey extensively researched domestic and gang-related violence as well as victim and witness intimidation, identifying measures to improve practices throughout the criminal justice system.
Healey added, “We are sending a clear message to those who attempt to violate the law, justice will prevail.”
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