Massachusetts General Laws

Mass. Gen. Laws ch. 265, § 47 (2026)

Global positioning system device to be worn by certain sex offender probationers

✓ current as of July 2026

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Section 47. Any person who is placed on probation for any offense listed within the definition of ''sex offense'', a ''sex offense involving a child'' or a ''sexually violent offense'', as defined in section 178C of chapter 6, shall, as a requirement of any term of probation, wear a global positioning system device, or any comparable device, administered by the commissioner of probation, at all times for the length of his probation for any such offense. The commissioner of probation, in addition to any other conditions, shall establish defined geographic exclusion zones including, but not limited to, the areas in and around the victim's residence, place of employment and school and other areas defined to minimize the probationer's contact with children, if applicable. If the probationer enters an excluded zone, as defined by the terms of his probation, the probationer's location data shall be immediately transmitted to the police department in the municipality wherein the violation occurred and the commissioner of probation, by telephone, electronic beeper, paging device or other appropriate means. If the commissioner or the probationer's probation officer has probable cause to believe that the probationer has violated this term of his probation, the commissioner or the probationer's probation officer shall arrest the probationer pursuant to section 3 of chapter 279. Otherwise, the commissioner shall cause a notice of surrender to be issued to such probationer.

The fees incurred by installing, maintaining and operating the global positioning system device, or comparable device, shall be paid by the probationer. If the court finds that such fees would cause a substantial financial hardship to the offender or the person's immediate family or the person's dependents, the court may waive such fees.

Notes of Decisions

Cited in 28 cases (5 in the last 5 years), 2009–2025 · leading case: Commonwealth v. Feliz, 119 N.E.3d 700 (Mass. 2019).

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Commonwealth v. Feliz, 119 N.E.3d 700 (Mass. 2019). · cites it 15× “In accordance with the terms of G. L. c. 265, § 47, which requires judges to impose global positioning system (GPS) monitoring as a condition of probation for individuals convicted of most sex offenses, the sentencing judge imposed GPS monitoring as a condition of the…”

Commonwealth v. Guzman, 14 N.E.3d 946 (Mass. 2014). · cites it 23× “One of those offenses was the dissemination of visual material depicting a child in a state of nudity or sexual conduct, one of the “sex offense[s] involving a child” enumerated in G. L. c. 265, § 47, that requires a defendant convicted of such an offense to be subject to GPS…”

Commonwealth v. Selavka, 14 N.E.3d 933 (Mass. 2014). · cites it 11× “Notwithstanding the provisions of G. L. c. 265, § 47, requiring that defendants convicted of certain enumerated sex offenses, including possession of child pornography, be subject to global positioning system (GPS) monitoring as a condition of any term of probation, such…”

Commonwealth v. Raposo, 905 N.E.2d 545 (Mass. 2009). · cites it 6× “1501 (2004), 1 a judge in the District Court reported to the Appeals Court this case and in particular several questions concerning the constitutionality of G. L. c. 265, § 47, a statute that requires a person who is “placed on probation” for certain sex offenses to wear a…”

Commonwealth v. Cory, 911 N.E.2d 187 (Mass. 2009). · cites it 4× “On December 20, 2006, G. L. c. 265, § 47, took effect. See St. 2006, c.”

Commonwealth v. Samuel S., a Juv., 69 N.E.3d 573 (Mass. 2017). · cites it 4× “He also argues that the GPS monitoring statute, G. L. c. 265, § 47, as interpreted by this court in Commonwealth v.”

Commonwealth v. Hanson H., 985 N.E.2d 1181 (Mass. 2013). · cites it 5× “The issue presented in this case is whether a Juvenile Court judge is required under G. L. c. 265, § 47, to order a juvenile to wear a global positioning system device that will monitor his whereabouts (GPS monitoring) as a condition of probation where a juvenile is adjudicated…”

Commonwealth v. Poirier, 935 N.E.2d 1273 (Mass. 2010). · cites it 5× “One of his special conditions of probation, as required under G. L. c. 265, § 47, was that he wear a global positioning system (GPS) device.”

Commonwealth v. Goodwin, 933 N.E.2d 925 (Mass. 2010). · cites it 2× “, dissenting) (concluding that Legislature intended G. L. c. 265, § 47, to function as regulatory scheme).”

Commonwealth v. Vallejo, 914 N.E.2d 22 (Mass. 2009). · cites it 4× “265, § 13H, and was sentenced to three years’ probation with mandatory global positioning system (GPS) monitoring pursuant to G. L. c. 265, § 47. Gomez was convicted of the lesser included offense of assault and battery in violation of G.”

Commonwealth v. Canadyan, 944 N.E.2d 93 (Mass. 2010). · cites it 3× “The facts and circumstances of this case bring more fully into view a tension between mandatory GPS monitoring of sex offenders released on probation, see G. L. c. 265, § 47, and the practical reality of homelessness — a circumstance facing an increasing number of former sex…”

Commonwealth v. Thissell, 928 N.E.2d 932 (Mass. 2010). · cites it 2× “GPS technology has been approved by the Legislature for use in monitoring certain offenders while they are on probation or subject to parole.”

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