Great News for Domestic Violence Victims and Service Providers!
Governor Bill Lee recently signed the bill HB2692/SB1972, which goes into effect on July 1st, 2024. This new legislation mandates that domestic violence offenders must wear a GPS monitoring device. This measure offers several benefits for both victims and the broader community.
The Memphis and Shelby County GPS Monitoring of Domestic Violence Suspects program previously ran from 2016 to 2019 (based on HB950/SB806), where agencies including the Memphis Police Department (MPD) and the Shelby County Sheriff’s Office (SCSO) partnered to monitor domestic violence offenders through GPS devices. I vividly recall how some of our clients benefited from this life-saving service.
The new bill stipulates that before domestic violence offenders are released on bond, the court or magistrate must order them to wear a GPS device to track their location. It also states that the court or magistrate may order a defendant who is arrested for stalking, aggravated assault, aggravated stalking, or any criminal offense against a person in which the alleged victim is a domestic abuse, sexual assault, or stalking victim, to wear a GPS device. Additionally, the defendant will be required to pay the costs associated with providing the victim with a cellular device application or an electronic receptor device as a condition of bail. Every county and municipality must enter into a written agreement with a qualified GPS provider.
This new law offers numerous potential benefits:
1. Increased Victim Safety: Real-time monitoring alerts authorities and victims if the offender enters restricted areas such as the victim’s home or workplace, allowing for immediate law enforcement response to any violations, and potentially preventing further violence.
2. Deterrence of Offenders: Knowing they are being monitored, offenders may be less likely to violate restraining orders or commit further acts of violence, as GPS monitoring holds them accountable for their movements.
3. Peace of Mind for Victims: Victims may feel safer knowing their abuser’s location is being monitored, which can help reduce anxiety and fear. This knowledge can empower victims to go about their daily lives with more confidence.
4. Improved Law Enforcement Efficiency: GPS monitoring allows law enforcement to track offenders without constant physical surveillance, freeing up resources for other critical tasks. Data from GPS devices can be used as evidence in court to demonstrate compliance or violations of restraining orders.
5. Reduction in Repeat Offenses: Continuous monitoring may encourage offenders to engage in rehabilitative programs and avoid behaviors that lead to reoffending. Authorities can use location data to identify patterns and implement targeted interventions to prevent future incidents.
6. Support for Judicial Decisions: Judges can use GPS data to make more informed decisions regarding bail, parole, and sentencing, ensuring that high-risk offenders are adequately monitored.
7. Enforcement of Court Orders: GPS monitoring ensures that offenders adhere to the conditions set by the court, such as staying away from certain locations.
8. Public Safety and Community Protection: By monitoring high-risk individuals, GPS devices contribute to the overall safety of the community, reducing the likelihood of domestic violence spilling over into public spaces. Authorities can use data trends to implement preventative measures in areas with higher incidents of domestic violence.
Overall, GPS monitoring devices offer a comprehensive approach to managing the risk posed by domestic violence offenders, enhancing the safety and well-being of victims, and supporting the efforts of law enforcement and judicial systems.
This month, we also celebrate the Supreme Court decision in the case of US v. Rahimi. From the Esperanza United Press Release: “Esperanza United, a prominent national Latina organization committed to ending gender-based violence, celebrates the Supreme Court’s decision against Zackey Rahimi in the case of US v. Rahimi. This ruling upholds the federal ban on firearms under domestic violence protective orders, reinforcing an essential protective measure for survivors of domestic violence. The Supreme Court’s decision is a significant step to protect survivors of gender violence, especially within Latin@ communities, where factors such as being a woman, easy access to firearms, being divorced, and youth increase the risk of intimate partner homicide. State policies that prevent firearm possession by individuals with a history of intimate partner violence and require surrender of firearms have been shown to be effective, reducing rates of firearm-related IPH by 14%.”
“Esperanza United commends the Supreme Court for its insightful understanding of the complexities of domestic violence and recognizes the progress in raising awareness on this issue,” said Patti Tototzintle, CEO and president of Esperanza United. “This decision reaffirms our commitment to ensuring the safety and rights of survivors.”
As Esperanza United mentioned, in general, Latin@ communities face extra challenges and barriers including but not limited to not having in-country familial support, fear of deportation, jeopardizing their legal status, or having their children removed from their homes. Additionally, sociocultural factors that include the intersection of immigration status and levels of acculturation influence victimization rates and mental health outcomes of Latina women. Many of our clients and members of our Hispanic/Latinx community have experienced discrimination and antiimmigrant attitudes when reaching out for help at a time when their lives are at risk, at work sites, and even while shopping at grocery stores. Furthermore, an increased climate of fear due to the immigration enforcement environment was identified as a barrier to reporting or help-seeking by 78% of respondents in a national survey conducted by national domestic violence advocacy organizations. Latinas and Intimate Partner Violence Evidence-Based Facts
