759 S.E.2d 428
S.C.2014Background
- Appellant Nation pled guilty in 2003 to CSCM-Third for a 2000 sexual act with a 15-year-old; sentenced to 15 years, suspended, with 5 years’ probation.
- In 2005 Jessie’s Law amended S.C. Code § 23-3-540 to require GPS monitoring for certain sex offenders who violate probation.
- Nation began probation in 2009 after release; accumulated unexplained violations within two years.
- Probation revocation led the circuit court to impose lifetime GPS monitoring under Jessie’s Law.
- Nation challenged the constitutionality of Jessie’s Law; the circuit court rejected challenges and imposed monitoring.
- The Supreme Court of South Carolina affirmed, holding GPS monitoring is constitutional and a civil remedy, with periodic judicial review available; a separate dissent criticized the process.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does mandatory GPS monitoring for pre-enactment offenders violate due process, ex post facto, equal protection, or double jeopardy? | Nation argues violations of Ex Post Facto, Equal Protection, Due Process, and Double Jeopardy. | Jessie’s Law is constitutional; monitoring serves a public-safety purpose and is a civil remedy. | No constitutional violation; statute upheld. |
| Does GPS monitoring violate the Fourth Amendment’s search/seizure protections? | Nation contends it constitutes unlawful search. | GPS monitoring is a civil requirement, not a search. | Not a Fourth Amendment violation. |
| Does lifetime GPS monitoring constitute cruel and unusual punishment under the Eighth Amendment? | Nation argues it is punishment. | GPS monitoring is civil, not punitive. | Not punishment; constitutional. |
Key Cases Cited
- In re Justin B., 405 S.C. 391 (2013) (GPS monitoring is civil, not punishment; periodic review available; adopts Mendoza-Martinez factors.)
- State v. Dykes, 403 S.C. 499 (2013) (Upheld constitutionality of GPS monitoring; rejected ex post facto and related challenges.)
- In re Ronnie A., 355 S.C. 407 (2003) (Sex offender registry/civil remedies framework in SC.)
- Hendrix v. Taylor, 353 S.C. 542 (2003) (Civil remedy posture related to registry/monitoring.)
- State v. Walls, 348 S.C. 26 (2002) (Civil remedy framework for registry/monitoring.)