DOVER, Del. (AP) - The American Civil Liberties Union is challenging the constitutionality of a Delaware law that requires GPS monitoring of certain convicted sex offenders on probation.
The complaint filed Monday targets a 2007 law that requires GPS monitoring of Tier 3, or high-risk, sex offenders who have been released from custody and are on probation.
The ACLU says the law is unconstitutional on its face, and as applied by the Department of Correction to people convicted of offenses that occurred before July 2007.
The Delaware Supreme Court ruled in 2011 that such GPS monitoring was not punitive and could therefore be applied retroactively. But the ACLU argues that if monitoring is not punitive, it must be applied only on a case-by-case basis, and that if it is, it cannot be applied retroactively.
