A BILL TO BE ENTITLED
AN ACT to require each sex offender to pay an initial registration fee and an annual registration fee.
The General Assembly of North Carolina enacts:
SECTION 1.  Part 2 of Article 27A of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14‑208.7A.  Registration fees.
(a)	Each person required to register under this Article shall pay an initial registration fee of ninety dollars ($90.00) at the time of the person's initial registration. Each sex offender shall pay an annual registration fee of ninety dollars ($90.00) on the anniversary of the person's initial registration date. The initial fee shall be payable to the sheriff of the county in which the person initially registers. The annual fee shall be paid to the sheriff who receives the person's verification form under G.S. 14‑208.9A. The sheriff shall transmit the proceeds of these fees to the county finance officer to be credited to the sheriff's office. The fees shall be used only to offset the costs associated with the registration of sex offenders.
(b)	A person required to register under this Article must still register pursuant to this Article without regard as to whether the person pays the fee assessed under this section. The sheriff shall not refuse to register a person who does not pay the fee assessed by this section. At the end of each calendar year, the sheriff shall report to the attorney general all fees that have been due and unpaid for more than one year and that the sheriff has not previously reported. The attorney general may recover those delinquent fees in a civil action. When the Attorney General collects delinquent fees pursuant to this section, the attorney general shall deduct the actual costs of collection, not to exceed twenty percent (20%) of the amount collected, and remit the remaining funds to the appropriate counties to be credited to the office of the sheriff of that county.
(c)	This section does not apply to juveniles required to register pursuant to Part 4 of Article 27A of Chapter 14 of the General Statutes."
SECTION 2.  G.S. 15A‑1343(b2) is rewritten to read:
"(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).
(1a)	Pay an initial registration fee and annual registration fees pursuant to G.S. 14‑208.7A.
(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. 14‑208.40(a)(1).
(8)	Submit to satellite‑based monitoring pursuant to Part 5 of Article 27A of Chapter 14 of the General Statutes, if the defendant is in the category described by G.S. 14‑208.40(a)(2), and the Division of Adult Correction of the Department of Public Safety, based on the Division's risk assessment program, recommends that the defendant submit to the highest possible level of supervision and monitoring.
(9)	Submit at reasonable times to warrantless searches by a probation officer of the probationer's person and of the probationer's vehicle and premises while the probationer is present, for purposes specified by the court and reasonably related to the probation supervision, but the probationer may not be required to submit to any other search that would otherwise be unlawful. For purposes of this subdivision, warrantless searches of the probationer's computer or other electronic mechanism which may contain electronic data shall be considered reasonably related to the probation supervision. Whenever the warrantless search consists of testing for the presence of illegal drugs, the probationer may also be required to reimburse the Division of Adult Correction of the Department of Public Safety for the actual cost of drug screening and drug testing, if the results are positive.
Defendants subject to the provisions of this subsection shall not be placed on unsupervised probation."
SECTION 3.  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, for 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, controlling conditions, violations of which may result in revocation of post‑release supervision, are:
(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).
(1a)	Pay an initial registration fee and annual registration fees pursuant to G.S. 14‑208.7A.
(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 in the category described by G.S. 14‑208.40(a)(1).
(7)	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 in the category described by G.S. 14‑208.40(a)(2).
(8)	Submit at reasonable times to warrantless searches by a post‑release supervision officer of the supervisee's person and of the supervisee's vehicle and premises while the supervisee is present, for purposes reasonably related to the post‑release supervision, but the supervisee may not be required to submit to any other search that would otherwise be unlawful. For purposes of this subdivision, warrantless searches of the supervisee's computer or other electronic mechanism which may contain electronic data shall be considered reasonably related to the post‑release supervision. Whenever the warrantless search consists of testing for the presence of illegal drugs, the supervisee may also be required to reimburse the Division of Adult Correction of the Department of Public Safety for the actual cost of drug screening and drug testing, if the results are positive."
SECTION 4.  This act becomes effective December 1, 2017. The requirement to pay an initial registration fee applies to all adult persons who initially register on or after that date. The requirement to pay an annual registration fee applies to all adult persons registered under Article 27A of Chapter 14 of the General Statutes on or after that date. Sections 2 and 3 of this act apply to persons placed on probation or post‑release supervision on or after that date.