Distinguishing Physician Misconduct from Physician Disability.

Belleau begins to answer the question left to the lower courts in light of the Supreme Court’s ruling in Grady. The court opined, in the Belleau case, that Wisconsin’s GPS monitoring program is reasonable, after considering numerous factors, including the purpose of the program, the invasiveness of the search that a GPS poses, studies on sex offender recidivism, and the reasonableness of the sex offender’s expectation of privacy. In short, the court made clear, after considering the individual’s civil liberties and the safety of the general public, that the scale of justice, as applied to this case, tilted in favor of public safety. Forensic psychiatrists or psychologists involved in sex offender evaluations must be aware of the increasing reach of a search such as the one illustrated in this case of GPS monitoring. In conducting risk assessments, evaluators may have to include opinions on the likelihood of recidivism, as well as the risk to public safety if the person is released into the community, taking into account the totality of the circumstances related to that risk. As this may include the risk to the public, with and without GPS monitoring, it would be helpful for forensic experts to have a greater understanding of the vicissitudes of GPS tracking. Furthermore, over time, more research data related to the proficiency of GPS monitoring in mitigating risks of recidivism in community settings would be helpful in supporting such opinions.