A BILL TO BE ENTITLED
AN ACT to require active gps monitoring for the supervisory period of probation, parole, or post‑release supervision of any sex offender required to register on the lifetime sex offender registry because the offender is classified as a sexually violent predator, a recidivist, or an aggravated offender, and to appropriate funds to implement the gPS monitoring system.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 27A of Chapter 14 of the General Statutes is amended by adding a new Part to read:
"Part 5. Sex Offender Monitoring.
"§ 14‑208.33.  Establishment of program; creation of guidelines; duties.
(a)	The Department of Correction shall establish a sex offender monitoring program that uses a continuous satellite‑based monitoring system and shall create guidelines to govern the program. The program shall be designed to monitor any offender who is convicted of a reportable conviction as defined by G.S. 14‑208.6(4) and who 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.
(b)	In developing the guidelines for the program, the Department shall require that any offender who is enrolled in the satellite‑based program submit to an active continuous satellite‑based monitoring program, unless an active program will not work as provided by this section. If the Department determines that an active program will not work as provided by this section, then the Department shall require that the defendant submit to a passive continuous satellite‑based program that works within the technological or geographical limitations.
(c)	The satellite‑based monitoring program shall use a system that provides all of the following:
(1)	Time‑correlated and continuous tracking of the geographic location of the subject using a global positioning system based on satellite and other location tracking technology.
(2)	Reporting of subject's violations of prescriptive and proscriptive schedule or location requirements. Frequency of reporting may range from once a day (passive) to near real‑time (active).
(d)	The Department may contract with a single vendor for the hardware services needed to monitor subject offenders and correlate their movements to reported crime incidents. The contract may provide for services necessary to implement or facilitate any of the provisions of this Part.
"§ 14‑208.34.  Enrollment in satellite‑based monitoring programs mandatory; length of enrollment.
Any person who is convicted of a reportable conviction as defined by G.S. 14‑208.6(4), who 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, and who is placed on probation, parole, or post‑release supervision, shall enroll in a satellite‑based monitoring program with the Division of Community Corrections office in the county where the person resides. The person shall remain enrolled in the satellite‑based monitoring program for the period of probation, parole, or post‑release supervision.
"§ 14‑208.35.  Fees.
(a)	There shall be a onetime fee of ninety dollars ($90.00) assessed to each person required to enroll pursuant to this Part. The court may exempt a person from paying the fee only for good cause and upon motion of the person placed on satellite‑based monitoring. 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 (c) of this section to determine the payment schedule. This fee is intended to offset only the costs associated with the time‑correlated tracking of the geographic location of subjects using the location tracking crime correlation system.
(b)	The fee shall be payable to the clerk of superior court, and the fees shall be transmitted to the State for deposit into the State's General Fund.
(c)	If a person placed on supervised probation, parole, or post‑release supervision is required as a condition of that probation, parole, or post‑release supervision to pay any moneys to the clerk of superior court, the court may delegate to a probation officer the responsibility to determine the payment schedule."
SECTION 2.  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 satellite‑based monitoring pursuant to Part 5 of Article 27A of Chapter 14 of the General Statutes, if the defendant is described by G.S. 14‑208.34."
SECTION 3.  G.S. 15A‑1343.2 is amended by adding a new subsection to read:
"(f1)	Mandatory Condition of Satellite‑Based Monitoring for Some Sex Offenders. – Notwithstanding any other provision of this section, the court shall impose satellite‑based monitoring pursuant to Part 5 of Article 27A of Chapter 14 of the General Statutes as a condition of probation on any offender who is described by G.S. 14‑208.34."
SECTION 4.  G.S. 15A‑1344 is amended by adding a new subsection to read:
"(e2)	Mandatory Satellite‑Based Monitoring Required for Extension of Probation in Response to Violation by Certain Sex Offenders. – If a defendant who is described by G.S. 14‑208.34 violates probation and if the court extends the probation as a result of the violation, then the court shall order satellite‑based monitoring pursuant to Part 5 of Article 27A of Chapter 14 of the General Statutes as a condition of the extended probation."
SECTION 5.  G.S. 15A‑1368.4 (b1) reads as rewritten:
"(b1)	Additional Required Conditions for Sex Offenders and Persons Convicted of Offenses Involving Physical, Mental, or Sexual Abuse of a Minor. – In addition to the required condition set forth in subsection (b) of this section, a supervisee 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 Commission.
(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 a court of competent jurisdiction expressly finds that it is unlikely that the defendant's harmful or abusive conduct will recur and that it would be in the child's best interest to allow the supervisee to reside in the same household with a minor child.
(6)	Submit to satellite‑based monitoring pursuant to Part 5 of Article 27A of Chapter 14 of the General Statutes, if the offense is a reportable conviction as defined by G.S. 14‑208.6(4) and the supervisee is described by G.S. 14‑208.34."
SECTION 6.  G.S. 15A‑1374 is amended by adding a new subsection to read:
"(b1)	Mandatory Satellite‑Based Monitoring Required as Condition of Parole for Certain Offenders. – If a parolee is described by G.S. 14‑208.34, the Commission shall require as a condition of parole that the parolee submit to satellite‑based monitoring pursuant to Part 5 of Article 27A of Chapter 14 of the General Statutes."
SECTION 7.  G.S. 15A‑1368.4 (b1) reads as rewritten:
"(b1)	Additional Required Conditions for Sex Offenders and Persons Convicted of Offenses Involving Physical, Mental, or Sexual Abuse of a Minor. – In addition to the required condition set forth in subsection (b) of this section, a supervisee 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 Commission.
(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 a court of competent jurisdiction expressly finds that it is unlikely that the defendant's harmful or abusive conduct will recur and that it would be in the child's best interest to allow the supervisee to reside in the same household with a minor child.
(6)	Submit to satellite‑based monitoring pursuant to Part 5 of Article 27A of Chapter 14 of the General Statutes, if the offense is a reportable conviction as defined by G.S. 14‑208.6(4) and the supervisee is described by G.S. 14‑208.34."
SECTION 8.  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.  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 9. There is appropriated from the General Fund to the Department of Correction the sum of seven hundred seventy-one thousand five hundred thirty‑nine dollars ($771,539) for the 2006‑2007 fiscal year to implement the active and passive electronic monitoring systems required by this act to supervise up to 100 sex offenders.
SECTION 10.  Section 9 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.