A BILL TO BE ENTITLED
AN ACT to require active gps monitoring of any sex offender who requires the highest level of supervision and monitoring if the offender is released on probation, parole, or post‑release supervision for the supervisory period of that probation, parole, or post‑release supervision and to appropriate funds to implement the gPS monitoring system, as recommended by the house select committee on sex offender registration laws.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 15A‑1343(b2) reads as rewritten:
"(b2)	Special Conditions of Probation for Sex Offenders and Persons Convicted of Offenses Involving Physical, Mental, or Sexual Abuse of a Minor. – As special conditions of probation, a defendant who has been convicted of an offense which is a reportable conviction as defined in G.S. 14‑208.6(4), or which involves the physical, mental, or sexual abuse of a minor, must:
(1)	Register as required by G.S. 14‑208.7 if the offense is a reportable conviction as defined by G.S. 14‑208.6(4).
(2)	Participate in such evaluation and treatment as is necessary to complete a prescribed course of psychiatric, psychological, or other rehabilitative treatment as ordered by the court.
(3)	Not communicate with, be in the presence of, or found in or on the premises of the victim of the offense.
(4)	Not reside in a household with any minor child if the offense is one in which there is evidence of sexual abuse of a minor.
(5)	Not reside in a household with any minor child if the offense is one in which there is evidence of physical or mental abuse of a minor, unless the court expressly finds that it is unlikely that the defendant's harmful or abusive conduct will recur and that it would be in the minor child's best interest to allow the probationer to reside in the same household with a minor child.
(6)	Satisfy any other conditions determined by the court to be reasonably related to his rehabilitation.
(7)	Submit to electronic monitoring as provided in G.S. 15A‑1380.6, if the defendant is required to register under Part 3 of Article 27A of Chapter 14 of the General Statutes because the defendant is classified as a sexually violent predator, is a recidivist, or was convicted of an aggravated offense as those terms are defined in G.S.14‑208.6.
(8)	Submit to electronic monitoring as provided in G.S. 15A‑1380.6, if the defendant is required to register under Part 2 of Article 27A of Chapter 14 of the General Statutes, has committed an offense involving the physical, mental, or sexual abuse of a minor, and the Department of Correction, based on the Department's risk assessment program, recommends that the defendant submit to the highest possible level of supervision and monitoring.
Defendants subject to the provisions of this subsection shall not be placed on unsupervised probation."
SECTION 2.  G.S. 15A‑1343(c2) reads as rewritten:
"(c2)	Electronic Monitoring Device Fee. – Any person placed on house arrest with electronic monitoring under subsection (b1) of this section or who has electronic monitoring imposed as a condition of probation under subsection (b2) of this section and G.S. 15A‑1380.6 shall pay a fee of ninety dollars ($90.00) for the electronic monitoring device. The court may exempt a person from paying the fee only for good cause and upon motion of the person placed on house arrest with electronic monitoring or upon motion of the person who has electronic monitoring imposed as a condition of probation under subsection (b2) of this section and G.S. 15A‑1380.6. The court may require that the fee be paid in advance or in a lump sum or sums, and a probation officer may require payment by those methods if the officer is authorized by subsection (g) of this section to determine the payment schedule. The fee must be paid to the clerk of court for the county in which the judgment was entered or the deferred prosecution agreement was filed. Fees collected under this subsection shall be transmitted to the State for deposit into the State's General Fund."
SECTION 3.  G.S. 15A‑1344 is amended by adding a new subsection to read:
"(e2)	Mandatory Electronic Monitoring Required for Extension of Probation in Response to Violation by Certain Sex Offenders. – If a defendant who violates probation satisfies the criteria in either subdivision (1) or (2) of this subsection, and if the court extends the probation as a result of the violation, then the court shall order electronic monitoring as a condition of the extended probation. The electronic monitoring system used shall comply with the provisions of G.S. 15A‑1380.6. Electronic monitoring shall be required if the defendant:
(1)	Is classified as a sexually violent predator, is a recidivist, or was convicted of an aggravated offense as those terms are defined in G.S.14‑208.6; or
(2)	Is required to register under Part 2 of Article 27A of  Chapter 14 of the General Statutes, has committed an offense involving the physical, mental, or sexual abuse of a minor, and the Department of Correction, based on the Department's risk assessment program, recommends that the defendant submit to the highest possible level of supervision and monitoring."SECTION 4.  G.S. 15A‑1368.4 is amended by adding a new subsection to read:
"(b2)	Mandatory Electronic Monitoring for Certain Other Sex Offenders. – In addition to the other required conditions set forth in this section, the Commission shall also impose electronic monitoring as a condition for a supervisee who satisfies the criteria set out in either subdivision (1) or (2) of this subsection. The electronic monitoring system used shall comply with the provisions of G.S. 15A‑1380.6. Electronic monitoring shall be required if the defendant:
(1)	Is required to register under Part 3 of Article 27A of Chapter 14 of the General Statutes because the person is classified as a sexually violent predator, is a recidivist, or was convicted of an aggravated offense as those terms are defined in G.S.14‑208.6; or 
(2)	Is required to register under Part 2 of Article 27A of Chapter 14 of the General Statutes, has committed an offense involving the physical, mental, or sexual abuse of a minor, and the Department of Correction, based on the Department's risk assessment program, recommends that the defendant submit to the highest possible level of supervision and monitoring."
SECTION 5.  Chapter 15A of the General Statutes is amended by adding a new Article to read:
"Article 85C.
"Electronic Monitoring Devices.
"§ 15A‑1380.6.  Electronic monitoring devices.
(a)	If electronic monitoring is imposed as a condition of probation, parole, or post‑release supervision on an offender described in subsection (b) of this section, the Department of Correction shall use an electronic monitoring system that actively monitors the offender, identifies the offender's location, and timely reports or records the offender's presence near or within a crime scene or in a prohibited area or the offender's departure from specified geographical areas. If an electronic monitoring system that actively monitors the offender will not work as provided by this section, then the Department of Correction shall use a passive electronic system that works within the technological or geographical limitations.
(b)	An electronic monitoring system as described in subsection (a) of this section shall be used to monitor any of the following offenders who are placed on probation, parole, or post‑release supervision and who have electronic monitoring imposed as a condition of that probation, parole, or post‑release supervision:
(1)	The defendant is required to register under Part 3 of Article 27A of Chapter 14 of the General Statutes because the person is classified as a sexually violent predator, is a recidivist, or was convicted of an aggravated offense as those terms are defined in G.S.14‑208.6.
(2)	The defendant is required to register under Part 2 of Article 27A of Chapter 14 of the General Statutes, has committed an offense involving the physical, mental, or sexual abuse of a minor, and the Department of Correction, based on the Department's risk assessment program, recommends that the defendant submit to the highest possible level of supervision and monitoring."
SECTION 6.  The Department of Correction shall issue a Request for Proposal (RFP) for passive and active Global Positioning Systems for use as an intermediate sanction and to help supervise certain sex offenders who are placed on probation, parole, or post‑release supervision and who are identified by the Department of Correction as requiring the highest possible level of supervision and monitoring. The RFP shall require separate bids: one for equipment, maintenance, and technical support, and one for the aforementioned items plus monitoring services.
No less than 30 days prior to issuing these RFPs, the Department shall provide the Fiscal Research Division with copies of the draft RFPs. The RFPs shall be issued in an appropriate amount of time for contract terms to begin January 1, 2007.
SECTION 7.  There is appropriated from the General Fund to the Department of Correction the sum of one million three hundred seven thousand two hundred eighteen dollars ($1,307,218) for the 2006‑2007 fiscal year to implement the active and passive electronic monitoring systems required by this act to supervise up to 300 sex offenders.
SECTION 8.  Section 7 of this act becomes effective July 1, 2006.  The remainder of this act becomes effective January 1, 2007, and applies to offenders placed on probation, parole, or post‑release supervision on or after that date.