A BILL TO BE ENTITLED
AN ACT TO model North carolina's satellite‑based monitoring laws after the state of Florida's "jessica's law" imposing lifetime satellite‑based monitoring on offenders who have taken indecent liberties with children, to Clarify the purpose and application of the satellite‑based monitoring laws for sex offenders, to amend the fee charged for enrollment into the monitoring program, and to direct the State department of justice to report on any necessary changes to the state sex offender registration laws for compliance with the federal sex offender registration and notification act.
Whereas, nine-year-old Jessica Lunsford was assaulted and murdered by a convicted sex offender in Florida; and
Whereas, the State of Florida enacted legislation designed to monitor and track persons convicted of indecent liberties against minors; and
Whereas, the State of Florida included in its legislation a provision that when persons convicted of molesting children are released from active confinement, they will be monitored and tracked to help ensure the safety of the public; and
Whereas, the monitoring included the use of the latest technology available, designed to use satellites to verify the location of persons convicted of serious and violent sex offenses; and
Whereas, this State should also utilize the latest technology in monitoring persons who have been convicted in this State of serious and violent sexual assaults against minors or who have moved into this State after committing these types of offenses against minors in other states; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 14‑202.1 reads as rewritten:
"§ 14‑202.1.  Taking indecent liberties with children.
(a)	A person is guilty of taking indecent liberties with children if, being 16 years of age or more and at least five years older than the child in question, he either:
(1)	Willfully takes or attempts to take any immoral, improper, or indecent liberties with any child of either sex under the age of 16 years for the purpose of arousing or gratifying sexual desire; or
(2)	Willfully commits or attempts to commit any lewd or lascivious act upon or with the body or any part or member of the body of any child of either sex under the age of 16 years.
(b)	Taking indecent liberties with children is punishable as a Class F felony.
(c)	When an offender is convicted of an offense under this section, during the sentencing phase, the district attorney shall present to the court any evidence that the defendant is 18 years of age or older and that the defendant, during the offense,
(1)	Intentionally touched, in a lewd or lascivious manner, the breasts, genitals, genital area, or buttocks, or the clothing covering them, of the victim, a person less than 13 years of age at the time of the offense, or
(2)	Forced or enticed the victim, a person under 13 years of age, to so touch the perpetrator in the manner and places described in subdivision (1) of this subsection.
The district attorney shall have no discretion to withhold any evidence required to be presented to the court pursuant to this subsection. The court, after hearing any evidence presented by the parties, shall make findings on whether the circumstances described in subdivision (1) or (2) of this subsection occurred in the case.
(d)	If the court makes findings under subsection (c) of this section, then the judge shall indicate on the form reflecting the judgment that the offense qualifies as a G.S. 14‑202.1(c) offense. The clerk of court shall ensure that the official record of the defendant's conviction includes the court's determination so that any inquiry into the defendant's criminal record will reflect that the offense involved indecent liberties against a child under 13 years of age."
SECTION 2.  G.S. 14‑208.5 reads as rewritten:
"§ 14‑208.5.  Purpose.
The General Assembly recognizes that sex offenders often pose a high risk of engaging in sex offenses even after being released from incarceration or commitment and that protection of the public from sex offenders is of paramount governmental interest.
The General Assembly also recognizes that persons who commit certain other types of offenses against minors, such as kidnapping, pose significant and unacceptable threats to the public safety and welfare of the children in this State and that the protection of those children is of great governmental interest. Further, the General Assembly recognizes that law enforcement officers' efforts to protect communities, conduct investigations, and quickly apprehend offenders who commit sex offenses or certain offenses against minors are impaired by the lack of information available to law enforcement agencies about convicted offenders who live within the agency's jurisdiction. Release of information about these offenders will further the governmental interests of public safety so long as the information released is rationally related to the furtherance of those goals.
The enactment of the sex offender monitoring program in Part 5 of this Article is designed to utilize the latest technological solutions to monitor and track serious and violent sex offenders. The use of a continuous satellite‑based monitoring system will provide this State with a more efficient and accurate method of monitoring these serious and predatory criminals. United States Department of Justice statistics reveal that, compared to non‑sex offenders released from State prisons, released sex offenders were four times more likely to be rearrested for a sex crime. Intensive supervision of serious offenders and violent sex offenders is a crucial element to both the rehabilitation of the released convict and the safety of the surrounding community.
Technological solutions now exist to provide improved supervision and behavioral control of serious offenders and violent sex offenders once they have completed active sentences. These solutions can now also provide law enforcement and correctional professionals with significant new tools for electronic correlation of the constantly updated geographic location of supervised serious offenders and violent sexual offenders following their release, with the geographic location of reported crimes, both to possibly link released offenders to crimes or to possibly exclude released offenders from ongoing criminal investigations. Continuous 24 hours a day, seven (7) days a week electronic monitoring of those convicted of serious and violent sexual offenses is a valuable and reasonable requirement for those  convicts who are required by law to register as sex offenders.
Therefore, it is the purpose of this Article to assist law enforcement agencies' efforts to protect communities by requiring persons who are convicted of sex offenses or of certain other offenses committed against minors to register with law enforcement agencies, to require the exchange of relevant information about those offenders among law enforcement agencies, and to authorize the access to necessary and relevant information about those offenders to others as provided in this Article. It is also the purpose of this Article to ensure, through the use of available technology, that there is improved supervision and behavioral control of offenders who have been convicted of serious and violent offenses."
SECTION 3.  G.S. 14‑208.6(1a) reads as rewritten:
"§ 14‑208.6.  Definitions.
The following definitions apply in this Article:
(1a)	"Aggravated offense" means 
a.	Any criminal offense that includes either of the following: engaging in a sexual act involving vaginal, anal, or oral penetration with a victim of any age through the use of force or the threat of serious violence; or (ii) engaging in a sexual act involving vaginal, anal, or oral penetration with a victim who is less than 13 years old.
b.	A conviction under G.S. 14‑202.1, where the court found that the factual circumstances of the offense met the requirements under G.S. 14-201.1(c)(1) or (c)(2)."
SECTION 4.  G.S. 14‑208.40 reads as rewritten:
"§ 14‑208.40.  Establishment of program; creation of guidelines; duties; application.
(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 two categories of offenders as follows:
(1)	Any offender whohas been 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.
(2)	Any offender who satisfies all of the following criteria: (i) has been convicted of a reportable conviction as defined by G.S. 14‑208.6(4), (ii) is required to register under Part 2 of Article 27A of Chapter 14 of the General Statutes, (iii) has committed an offense involving the physical, mental, or sexual abuse of a minor, and (iv) based on the Department's risk assessment program requires the highest possible level of supervision and monitoring.
(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.
(e)	Application.  Notwithstanding any other provision of law, the satellite‑based monitoring program and requirements, as provided in G.S. 14‑208.40, and throughout this Part of Article 27A of the General Statutes, are retroactive and apply to the following persons, regardless of the date of their offense or conviction:
(1)	Any person released from prison by parole or post‑release supervision on or after August 16, 2006.
(2)	Any person sentenced to intermediate punishment on or after August 16, 2006.
(3)	Any person who completed his or her sentence on or after August 16, 2006, who is not on post‑release supervision or parole."
SECTION 5.  G.S. 14‑208.40B(a) reads as rewritten:
"§ 14‑208.40B.  Determination of satellite‑based monitoring requirement in certain circumstances.
(a)	When an offender has a conviction for an offense that is a reportable conviction as defined by G.S. 14‑208.6(4), and there has been no determination by a court on whether the offender shall be required to enroll in satellite‑based monitoring, because the court did not make an enrollment determination at the time of sentencing as provided in G.S. 14‑208.40A, or the sentencing occurred prior to the effective date of G.S. 14‑208.40A, the Department shall make an initial determination on whether the offender falls into one of the categories described in G.S. 14‑208.40(a)."
SECTION 6.  G.S. 14‑208.45 reads as rewritten:
"§ 14‑208.45.  Fees.
(a)	Except as provided in subsections (b) and (b1) of this section, each person required to enroll pursuant to this Part shall pay a one‑time fee of ninety‑five dollars ($95.00). The fee shall be payable to the clerk of superior court, and the fees shall be remitted quarterly to the Department of Correction. 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)	When a court determines a person is required to enroll pursuant to G.S. 14‑208.40A or G.S. 14‑208.40B, the court may exempt a person from paying the fee required by subsection (a) of this section only for good cause and upon motion of the person required to enroll in 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.
(c)	When a person is required to enroll based on a determination by the Department pursuant to G.S. 14‑208.40B, the Department shall have the authority to exempt the person from paying the fee only for good cause and upon request of the person required to enroll in satellite‑based monitoring. The Department 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."
SECTION 7.  The Department of Justice shall study the guidelines issued by the U.S. Attorney for the federal Sex Offender Registration and Notification Act (SORNA) to determine whether North Carolina is in compliance with those guidelines.  The Department of Justice shall identify any areas in which the State fails to comply with SORNA and the action required for compliance.  The Attorney General, or his designee, shall report to the Joint Legislative Corrections, Crime Control, and Juvenile Justice Oversight Committee by December 1, 2008, regarding the status of the State's compliance with SORNA and recommend any actions or State legislation that may be required to satisfy the SORNA guidelines.
SECTION 8.  This act is effective when it becomes law.