Bill > HB1296

This bill allows courts to require defendants charged with domestic abuse to wear a global positioning system (GPS) device as a condition of their release, meaning they can be monitored while awaiting trial. This GPS device will continuously track and report the defendant's location, and immediately alert law enforcement if the defendant enters an area they are prohibited from going to, as specified by a court order or a protection order. The defendant will be responsible for all costs associated with operating this GPS device. Additionally, if the alleged victim agrees, the defendant may also have to pay for a device or app for the victim that can receive the GPS information and notify the victim if the defendant is too close to them or in a restricted area. Before imposing GPS monitoring, the court must give the alleged victim a chance to specify areas they want the defendant excluded from and must consider these requests. The court also must inform the victim about their rights regarding participation in this monitoring, how the technology works, its risks and limitations, what to do if the defendant violates the conditions or the technology fails, available support services, who to contact for immediate assistance, and that their communications with the court about the monitoring are not confidential.

Justice

https://sdlegislature.gov/#/Session/Bill/27072