Commonwealth v. Canadyan
458 Mass. 574
| Mass. | 2010Background
- Defendant pleaded guilty to two counts of indecent assault and battery on a child under fourteen and received 18 months in a house of correction plus five years probation.
- Probation imposed GPS monitoring as a condition, along with other conditions including abstaining from certain areas and submitting to sex offender evaluation.
- Upon release, he lived in a homeless shelter that could not provide reliable electrical outlet required for the GPS device.
- March 9, 2009, he was found in violation of the GPS monitoring condition.
- At the disposition hearing, probation officials explained he used an extended-battery GPS device charging at ELMO offices, yet the judge added new conditions.
- The revocation judge ultimately found violation due to perceived insufficient employment efforts, though employment was not a probation condition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether homelessness excuses GPS noncompliance. | Canadyan contends noncompliance was due to shelter limitations. | Canadyan argues no fault of his own for GPS failure; efforts shown. | Violation not upheld; record shows no fault by Canadyan and need for accommodation. |
| Whether imposing employment efforts as part of GPS compliance was proper. | Prosecution argues employment efforts relate to probation goals. | Employment was not a separate probation condition; tying it to GPS was error. | Error to conflate GPS and employment into a single condition; revocation vacated. |
| Whether due process requires fair warning for probation revocation when circumstances change. | Court may rely on established standards for GPS compliance. | Defendant deserved fair warning given change in circumstances and technology. | Due process satisfied; court vacated revocation due to lack of feasible GPS accommodation and fair warning concerns. |
Key Cases Cited
- Commonwealth v. Holmgren, 421 Mass. 224 (Mass. 1995) (burden shifting in probation GPS revocation)
- Commonwealth v. Marvin, 417 Mass. 291 (Mass. 1994) (justifiable excuse or alternative disposition in probation)
- Bearden v. Georgia, 461 U.S. 660 (U.S. 1983) (probation revocation fairness when without fault)
- Commonwealth v. Ruiz, 453 Mass. 474 (Mass. 2009) (due process requires fair warning of probation conduct punishable by revocation)