Tracking of registered sex offenders-pilot project.

WORKING DRAFT
2006
STATE OF
WYOMING
06LSO-0449.E1

SENATE FILE
NO.
SF0097

Tracking of registered sex offenders-pilot project.

Sponsored by:
Senator(s)
Jennings
, Cooper and Sessions and Representative(s) Hammons and Olsen

A BILL

for

AN ACT relating to sex offenders; creating a pilot project to track specified sex offenders; requiring convicted sex offenders to wear active global position monitoring devices as specified; restricting movements and places of habitation of sex offenders; establishing criteria; providing an affirmative defense; requiring rulemaking; providing for dissemination of information of sex offenders required to wear active global positioning devices; providing an appropriation; providing a termination date for the pilot project; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 7
‑
19
‑
308 is created to read:

7
‑
19
‑
308.

Active global position monitoring devices; requirements; sex offender free zones; penalties; affirmative defense.

(a)

There is created a pilot project to be administered by the department of corrections to require all aggravated sex offenders or sexually violent predators
living or working in Natrona County
who are required to register pursuant to W.S. 7
‑
19
‑
302, who are not incarcerated in a state institution under the control of the department of corrections or in a jail of any county or city and who meet the criteria established in subsection (b) of this section, to wear an active global position monitoring device for the duration of the registration. The division of criminal investigation shall advise the department of corrections when a sex offender who may be required to wear an active global positioning device under this section registers with the division of criminal investigation under W.S. 7-19-302. The department of corrections shall contract by competitive bid process for the lease of an active system of global position monitoring devices, for the monitoring of the active global position monitoring devices by a monitoring facility and for the training of state personnel
or designee
to operate and attach the devices to the sex offender.

(b)

In the case of an aggravated sex offender who is convicted of a sex offense under W.S. 6
‑
2
‑
302 or 6
‑
2
‑
303, regardless of the age of the victim, or who is convicted of a sex offense under W.S. 6
‑
2
‑
304, 6
‑
4
‑
303 or 14
‑
3
‑
105, if the victim was under the age of thirteen (13) years, or who is a sexually violent predator, the department of corrections shall assign an active global position monitoring device for the period of registration required under W.S. 7
‑
19
‑
302 or until the pilot project ends, whichever occurs earlier. The device shall be attached by an agent
or designee
of the department of corrections and shall be worn by the offender from the date of registration until the registration period under W.S. 7
‑
19
‑
302 expires.

(c)

An aggravated sex offender or sexually violent predator assigned an active global position monitoring device under this section shall be required to reimburse the department of corrections for all or part of the costs of any monitoring device required to be worn by the offender, supervision costs and other necessary costs associated with the monitoring of the device while it is assigned to the offender. The department shall determine whether the offender has the ability to pay all or part of such costs or fees and may waive the costs under this subsection if undue hardship would result.

(d)

Any aggravated sex offender or sexually violent predator assigned an active global position monitoring device shall wear the device at all times while registered as a sex offender. No such sex offender shall live within a sex offender free zone, which shall consist of the area within one thousand (1,000) feet of the boundaries of real property used by a school for education of any student from kindergarten through twelfth grade
or additional locations of risk identified by the department
. A sex offender who is required to travel within a sex offender free zone, as a condition of employment or for medical or other reasonable purposes established by the department of corrections or as authorized under the terms of his parole, shall only travel within such zone for a period of time deemed necessary by the department of corrections. The contracted monitoring facility shall contact law enforcement officers if the sex offender remains within the boundaries of property specified in this subsection for any period of time in excess of the time allowed by the department of corrections. A sex offender who violates the provisions of this subsection more than two (2) times shall have his parole or probation revoked if supervised by the state board of parole, or if not under supervision by the board of parole, shall be charged with a violation of this subsection and, upon conviction, shall be subject to imprisonment for not less than two (2) years, nor more than five (5) years.

(e)

It is an affirmative defense to a charge under subsection (d) of this section or any other law of this state or any other state that prohibits conduct specified in W.S. 6
‑
2
‑
302 through 6
‑
2
‑
304, 6
‑
4
‑
303, 14
‑
3
‑
104 or 14
‑
3
‑
105 that a sex offender who was wearing an active global position monitoring device assigned to him could not have, by reason of his location as indicated by the monitoring of the device the sex offender was wearing, violated subsection (d) of this section or any other law of this state or any other state that prohibits conduct specified in W.S. 6
‑
2
‑
302 through 6
‑
2
‑
304, 6
‑
4
‑
303, 14
‑
3
‑
104 or 14
‑
3
‑
105.

(f)

The department of corrections shall promulgate rules and regulations which shall at minimum include establishing:

(i)

Standards regarding the use of assigned global position monitoring devices;

(ii)

Standards regarding the removal of the assigned active global position monitoring device when a sex offender assigned such device leaves the
county
;

(iii)

Standards regarding authorized travel within sex offender free zones and other travel by sex offenders;

(iv)

Standards for reporting by sex offenders assigned an active global position monitoring device;

(v)

Procedures for notification of local law enforcement agencies to respond when an active global position monitoring device indicates a sex offender is in violation of the standards established by the division for appropriate tracking of the sex offender
;

(vi)

Procedures for a sex offender working but not living in
Natrona

County
.

(g)

The department of corrections shall report to the joint judiciary interim committee no later than
December
1
5
, 2007, with respect to the number of sex offenders who have been assigned an active global positioning device, the rate of recidivism of such offenders, the costs associated with the project, project expenses reimbursed by offenders
,
recommendations for continuing or terminating the project and any other information that the department believes would assist the committee in its consideration of the continuation or termination of the project.

(h)

Unless otherwise extended by the legislature, this section is repealed effective June 30, 2008.

Section 2.

W.S. 7
‑
19
‑
303(c)(intro) and (iii)(intro) is amended to read:

7
‑
19
‑
303.

Offenders central registry; dissemination of information.

(c)

The division shall provide notification of registration under this act, including all registration information, to the district attorney of the county where the registered offender is residing at the time of registration or to which the offender moves. Upon receipt of notification, the district attorney shall file an application for hearing under this subsection if the offender is an aggravated sex offender or a recidivist
, except a hearing under this subsection shall not be required if the offender is assigned an active global positioning device pursuant to W.S. 7
‑
19
‑
308
. For other offenders registered under this act, the district attorney shall file an application for hearing under this section if, based upon a review of the risk of reoffense factors specified in W.S. 7
‑
19
‑
303(d), utilizing a preponderance of the evidence standard, it appears that public protection requires notification be provided to persons in addition to those authorized to receive criminal history record information under W.S. 7
‑
19
‑
106. Prior to any application for hearing under this subsection, the district attorney may apply to the court, with notice to the offender, for an order requiring the offender to obtain a psychological or other evaluation report at the offender's expense. The court may enter any order it deems appropriate after an in-camera hearing unless waived by the offender. Upon application of the district attorney, and following notice to the offender and an in-camera hearing, the district court shall make a finding by a preponderance of the evidence of the risk of reoffense by the offender, and based on that finding authorize the county sheriff, police chief or their designee to release information regarding an offender who has been convicted of an offense that requires registration under this act, as follows:

(iii)

If the risk of reoffense is high
, or if the offender is assigned an active global positioning device pursuant to W.S. 7
‑
19
‑
308
, notification shall be provided to the public through a public registry and through any additional means specified in the court's order, as well as to the persons and entities required by paragraphs (i) and (ii) of this subsection. The division shall make the public registry available to the public through electronic internet technology and shall include:

Section 3.

Effective immediately, there is appropriated five hundred
ninety-four
thousand dollars ($5
94
,000.00) from the general fund to the department of corrections to implement
the pilot project in
Natrona

County
for
the purposes of this act.
No expenditure shall be made without approval of the state chief information officer.
The appropriation under this subsection shall not expire or revert to the general fund until June 30, 2008, notwithstanding W.S. 9
‑
4
‑
207(a).

Section 4.

This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

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SF0097