Commonwealth v. Doe, a case before the Massachusetts Supreme Judicial Court, concerns whether mandatory GPS monitoring applies to someone on probation who was charged with a sex offense but—rather than being convicted—had the case "continued without a finding" of guilt (CWOF).
The ACLU's amicus brief urges the Court to hold that G.L. c. 265, § 47—which requires such mandatory monitoring without any individualized consideration—does not apply to those individuals who have accepted a disposition of CWOF on a sex offense, based on statutory construction and avoidance of serious Fourth Amendment and Eighth Amendment constitutional questions that a contrary interpretation would trigger.