State v. Nation , 408 S.C. 474 ( 2014 )

Justice HEARN.

Respectfully, I dissent. For the reasons discussed in my dissent in State v. Dykes, 403 S.C. 499, 744 S.E.2d 505 (2013), I believe the initial imposition of satellite monitoring without an individualized determination of Nation’s likelihood of reoffending violates his right to substantive due process. I would therefore find Section 23-3-540(C) of the South Carolina Code (Supp.2013) unconstitutional, and would reverse and remand for a hearing to determine whether satellite monitoring should be imposed.

BEATTY, J., concurs.