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April 8, 2009 Jay Finegan, 287-1445
Rep. Rosen’s Bill to Protect Victims of Domestic Violence Advances in Legislature

AUGUSTA – State Rep. Kimberley Rosen’s proposal to protect victims of domestic violence is progressing through the legislative process and is expected to come up for a vote in both the House and Senate in the coming weeks.

The bill would allow a court to order that a person charged with a domestic violence crime be required to wear a GPS electronic monitoring device as a condition of bail. The bill also stipulates that a person charged with a domestic violence crime or violation of a protective order undergo a “dangerousness” assessment to gauge the likelihood of further attacks.

The bill, LD 567, is entitled “An Act to Provide Increased Protection for Victims of Domestic Violence.” It has attracted bipartisan legislative support.

“We’re all well aware of the dire statistics regarding domestic violence and the resulting consequences of the tragedies caused by the perpetrators,” said Rep. Rosen (R-Bucksport). “This bill is an attempt to help us use technology to solve a serious problem. We have an opportunity here to identify high-risk cases and use GPS monitoring when necessary. Maine can become one of the leaders in the fight to end domestic violence.”

On April 1, Rep. Rosen formally presented her bill during a public hearing before the Committee on Criminal Justice and Public Safety. The committee met again in work session on April 8 to gather more information about the technical aspects of the bill.

During her testimony before the Criminal Justice Committee, Rep. Rosen explained that the bill is modeled after the Cindy Bischof Act, which took effect in Illinois in January. That law allows courts to order that abusers wear GPS tracking devices as a condition of bail in stalking situations. Cindy Bischof was killed by an ex-boyfriend, despite the knowledge among local law enforcement that the estranged boyfriend had violated orders of protection at least three times.

She also told the committee that similar programs in Massachusetts and other states have been successful. During the last two years in Massachusetts, for example, there have been only two re-assaults in the 42 cases identified as high risk, a 95 percent success rate. Of the offenders monitored by GPS, there have been no re-assaults.

Rep. Rosen said the GPS monitoring will alert law enforcement the moment a batterer has entered a prohibited zone, allowing police to intercept him or her before reaching the victim. Under the program, a participant would wear a global positioning anklet or bracelet that alerts law enforcement and the victim if the participant is violating restricted area boundaries. According to Rep. Rosen, judges may favor this sanction because it allows batterers to avoid incarceration without endangering their victims. They could then maintain employment and pay child support obligations.

“This program could save money for the state prison system and county jails for suspects awaiting trial,” she said. “GPS monitoring also effectively prevents further violence and possible escalation into domestic violence homicides, and it provides a valuable method of enforcing the terms of an order by notifying law enforcement and the victim if the offender breaches a forbidden zone.”

LD 567 also establishes the Electronic Monitoring Fund, which will use the proceeds of $200 fines from domestic violence and protective order offenders to help pay the expenses of the Electronic Monitoring Program.

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