State v. Dykes, 744 S.E.2d 505

Dykes challenged an order imposing life-long satellite monitoring under S.C. Code § 23-3-540 after probation violation for lewd act on a minor.
The circuit court required lifetime monitoring with no judicial review under subpart (H) of § 23-3-540.
Statute mandates mandatory monitoring for CSC-First or lewd act on a minor, with no review for those offenses.
The statute allows petition for removal after ten years for other sex-offender offenses; CSC-First/lewd act have no review under (H).
Major issue: whether lifetime monitoring without risk assessment or review violates due process; the State argued a civil regulatory purpose to protect the public.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Constitutionality of lifetime monitoring without review	Dykes argues it violates substantive due process	State asserts rational basis given public safety and civil regime	Unconstitutional to impose lifetime monitoring with no review
Constitutionality of initial mandatory imposition	Dykes challenge the initial imposition under (C)	State contends rational relationship to public safety	Constitutional to require initial mandatory satellite monitoring under (C)
Constitutionality of clause prohibiting judicial review (H)	Dykes argues (H) violates due process by denying review of risk	State maintains no review is needed for CSC-First/lewd act	Unconstitutional to foreclose judicial review (H) for CSC-First/lewd act offenders
Severability of (H)	If (H) invalid, rest of statute should stand	Severability clause preserves rest of statute	Rest of § 23-3-540 remains valid; only (H) struck as to CSC-First/lewd act

Smith v. Doe, 538 U.S. 84 (U.S. 2003) (civil, non-punitive nature of registration; due process considerations)
Commonwealth v. Cory, 454 Mass. 559, 911 N.E.2d 187 (Mass. 2009) (satellite monitoring impacts liberty interests; risk assessment considerations)
In re Luckabaugh, 351 S.C. 122, 568 S.E.2d 338 (S.C. 2002) (due process rational basis for deprivation; liberty interest)