Child predator tracking.

WORKING DRAFT
2007
STATE OF
WYOMING
07LSO-0266.E1

SENATE FILE
NO.
SF0101

Child predator tracking.

Sponsored by:
Senator(s)
Jennings
, Aullman and Cooper and Representative(s) Davison, Gingery and Hammons

A BILL

for

AN ACT relating to persons convicted of a criminal offense against a minor; creating a pilot project to track specified sex offenders; requiring offenders convicted of a criminal offense against minors to wear active global position monitoring devices as specified; restricting movements and places of habitation of offenders convicted of a criminal offense against minors; establishing criteria; providing penalties; requiring rulemaking; providing an appropriation; authorizing positions; requiring a report; 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
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308 is created to read:

7
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308.

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

(a)

There is created a pilot project to require all offenders living or working in Natrona county who were convicted of a criminal offense against a minor as defined in W.S. 7
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301(a)(iv) and who are required to register pursuant to W.S. 7
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302, be assigned an active global position monitoring device for the duration of the registration. The director of the department of corrections shall administer the monitoring of the active global position monitoring devices. The director shall contract by competitive bid process for the rental of an active system of global position monitoring devices, including use of a monitoring facility, and for the training of department of correction personnel to operate and attach the devices to the offender.

(b)

The device shall be attached by authorized department of correction personnel and shall be worn by the offender from the date of conviction, regardless of any appeal the offender may pursue as a result of the conviction, until the registration period terminates under W.S. 7
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304 or the person successfully appeals the conviction or until the pilot project ends, whichever occurs earlier.

(c)

An offender convicted of a criminal offense against a minor assigned to electronic monitoring 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 court shall determine whether the offender has the ability to pay all or part of such costs or fees. The court may allow an offender to perform community service and be granted credit against all or part of such costs and fees at the rate of five dollars ($5.00) for each hour of community service performed.

(d)

Any offender convicted of a criminal offense against a minor assigned an active global position monitoring device shall wear the device at all times while registered as an offender unless the offender is incarcerated. No such 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 as a daycare center
or
as a school for education of any student from preschool through twelfth grade. An offender who is required to travel within a sex offender free zone, as a condition of employment or for medical, educational or other reasonable purposes necessary to conduct other basic requirements of life as established by rule of the department of corrections, shall only travel within such zone for a period of time necessary to complete the task. An offender who has completed a contract to purchase a home within a sex offender free zone prior to the effective date of this act shall be granted an exception to continue residency within that sex offender free zone. The contracted monitoring facility shall contact law enforcement officers if the offender remains within the boundaries of property specified in this subsection for any period of time in excess of the time allowed by rule of the department of corrections. An offender who violates the provisions of this subsection more than two (2) times 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 in addition to any probation or parole revocation.

(e)

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

(i)

Standards and procedures regarding the use of assigned global position monitoring devices to ensure persons assigned a device are aware of the requirements and restrictions of this section and rules adopted pursuant to this section;

(ii)

Standards regarding the removal of the assigned active global position monitoring device when an offender assigned such device leaves the state;

(iii)

Standard times regarding authorized travel within sex offender free zones and other travel by offenders, including times allowed for authorized travel. The rules for travel times within restricted zones shall be established in recognition of the task, the mode of transportation and the distance involved, and such other factors the department determines reasonable to consider in establishing times necessary for completing the authorized task. Each offender subject to this section shall be provided a list of the times authorized for specific authorized tasks
;

(iv)

Standards and procedures for reporting by 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 an offender is in violation of this section, including rules ad
opted pursuant to this section.

(f)

Removal of a global positioning device from the body of an assigned offender convicted of a criminal offense against a minor by an unauthorized individual is a misdemeanor punishable by a fine of up to seven hundred fifty dollars ($750.00), imprisonment for not more than one (1) year, or both.

(g)

This section is repealed effective June 30, 2008.

Section 2.

(a)

There is appropriated four hundred thousand dollars ($400,000.00) from the general fund to the department of corrections, for the period beginning with the effective date of this act and ending June 30, 2008, to implement the purposes of this act.
Of this amount, the department of corrections is authorized two (2) full-time positions. No expenditure shall be made without approval of the state chief information officer.

(b)

The director of the department of corrections shall report to the legislature no later than
January 15, 2008. The report shall include:

(i)

The total number of reported criminal offenses against minors as defined in W.S. 7
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301(a)(iv) in the state for the previous year;

(ii)

The total number of convictions for criminal offenses against minors as defined in W.S. 7
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301(a)(iv) in the state for the previous year;

(iii)

The total number of monitoring devices attached and removed in the state for the previous year;

(iv)

Recommendations to increase the efficiency of the program; and

(v)

Recommendations on which categories of sex offenders should be assigned active global positioning systems in the event the pilot program is renewed or expanded by the legislature.

Section 3.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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SF0101