NO. SJC-10824 PURSUANT TO GLC 211, 5 3 FROM ... - Mass Cases

constitutional danger, because it forces an action
on the person required to register. It is a contin-
uing, intrusive, and humiliating regulation of the
person himself," Doe v. Sex O€fender Registry Bd.,
450 Mass. 780, 792 (2008); quoted in Commonwealth
v. Cory, 454 Mass. 559, 570, (2009).
It is publically andprivately humiliating and
stressful to be harassed as a convicted sex offender,
-
but moreso when a person is not a convicted sex
offender simply because he or she i s forced to
wear a GPS monitoring bracelet and transponder.
In Cory, supra at 570, this Court addressed the
potential consequences of when the State physically
att&hes a GPS device to a person, and stated:
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As 'continuing, intrusive, and humiliating'
as a yearly registration requirement might
be, a requirement permanently to attach a
CPS device seems dramatically more intrusive
and burdensome. There is no context other
than punsihment in which the State physically
attaches an item to a person, without consent
and also without consideration of individual
circumstances, that must remain attached €or
a period of years and may not be tampered
with or removed on penalty of imprisonment.
Such an imposition is a serious, affirmative
restraint." Cory at 570.
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