The justices Tuesday reheard a case from May where they decided the monitoring may be too harsh in some cases. The Department of Probation, Parole and Pardon Services asked the court to reconsider its ruling, saying their decision rewrote the law.
A lawyer for Jennifer Dykes again argued her constitutional rights were violated because she had no chance to appeal or revisit the decision to put a bracelet on her ankle that reports her every move to state authorities.
Dykes, 32, was ruled to be a sex offender after being convicted of a lewd act on a child charge stemming from her relationship with a 14-year-old girl in Greenville County several years ago. She was found to be at low risk to abuse a child again.
After violating her probation by drinking alcohol, continuing a relationship with a convicted felon she met while behind bars and rescheduling too many appointments for sex offender counseling, Dykes’ probation was revoked, according to court documents.
The probation violation meant under state law authorities could seek lifetime monitoring for Dykes without a chance of appeal. That kind of monitoring can be done for just two crimes — lewd act and first-degree criminal sexual conduct with a minor. Most other crimes that land someone on the sex offender registry give an offender a chance to appeal after 10 years.
Dykes’ lawyer, Chris Scalzo, held up his wedding ring and said while he loves his wife and wears it nearly all the time, he can take it off.
“She’s not allowed to take that thing off her body unless there is a court order,” Scalzo said.
An attorney for the probation agency, John Aplin, said lawmakers passed the lifetime monitoring law to protect the public.
“The reason you are tracking that person every minute of every day for the rest of their life is to protect children from further future harm. It’s also to help law enforcement solve crimes,” Aplin said.
Chief Justice Jean Toal said she understands the need for public safety from the most dangerous offenders. But she said it is a fair question to ask if a one-size-fits-all law that doesn’t allow a timely chance to appeal the ruling or ask a judge to revisit whether an offender is still dangerous is constitutional.
“This court has no grief for sex offenders. But there are certainly different levels,” Toal said.
Associate Justice Kay Hearn, who wrote her own opinion in May suggesting that revealing every detail of Dykes’ private life to state officials violates her constitutional rights, pointed out that Dykes was not considered to be a dangerous sex offender who preys on children and would likely never change her behavior.
“This was, what, an 18-month relationship she had with an underage person,” Hearn said. “Clearly wrong, clearly illegal. But there was no predatory nature.”