This Note argues that mandated PPG testing should be eliminated as a condition of federal supervised release. The test infringes on a constitutionally protected liberty interest against unwanted bodily intrusions and, as only the Second Circuit has held, any condition of supervised release that infringes on a constitutionally protected right may be mandated only where it is narrowly tailored to serve a compelling government interest. Because there are a number of viable, less intrusive alternatives, PPG testing as it stands today is not narrowly tailored enough to serve a compelling government interest.
Max B. Bernstein,
Supervised Release, Sex-Offender Treatment Programs, and Substantive Due Process,
85 Fordham L. Rev. 261
Available at: http://ir.lawnet.fordham.edu/flr/vol85/iss1/11