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Boston?s SJC Rules On Probation?s Quest For GPS In Kidnapping ? Rape Case

By Altman & Altman

On Friday, Boston?s Supreme Judicial Court, the highest state court in the Commonwealth, passed down a ruling that underscores the contractual aspect of being on probation, particularly in sexual assault cases. The ruling indicates that new probation restrictions cannot be imposed on sex offenders ? such as wearing a GPS device or banning them from playgrounds -- until after they violate their probation. The case in which the issue came up was that of Ralph G. (hereinafter, the ?Probationer?). The Probationer is a Level 3 sex offender who was convicted of kidnapping and raping a 7-year-old boy in 1990. After a post-conviction hearing, a jury finding him to not be ?sexually dangerous? any longer, the Superior Court ordered him to get sex offender counseling and maintain mental health care...continue to full post

Full post as published by Boston Criminal lawyer Blog on September 20, 2010 (boomark / email).