HF 2600

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; requiring certain sex offenders to wear tracking
and monitoring bracelets after release from prison; prescribing penalties;
appropriating money; proposing coding for new law in Minnesota Statutes,
chapter 244.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [244.0501] TRACKING AND MONITORING SEX OFFENDERS.
new text end

new text begin new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section, the following terms have the
definitions provided.
new text end

new text begin (a) "Active tracking and monitoring device" means a device that permits active and
contemporaneous monitoring and tracking of a person's location.
new text end

new text begin (b) "Passive tracking and monitoring device" means a device that permits daily
monitoring and tracking of a person's travel.
new text end

new text begin (c) "Exclusion zone" means an area in which a person wearing a tracking and
monitoring device is prohibited from entering except for purposes of traveling through to
reach a permitted zone.
new text end

new text begin (d) "Inclusion zone" means an area in which a person wearing a tracking and
monitoring device is prohibited from leaving.
new text end

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin After release from incarceration, an offender who is assigned
a risk level II or III under section 244.052, subdivision 3, must wear a tracking and
monitoring device for the entire period the offender is on supervised release. A level III
offender must wear an active tracking and monitoring device. The commissioner, based
on the recommendation of an offender's supervised release agent, may supervise a level II
offender with either a passive or active tracking and monitoring device depending on the
risk the person poses to public safety. The commissioner may not waive an offender's
obligation to wear a tracking and monitoring device, except as provided for in subdivision
6.
new text end

new text begin Subd. 3. new text end

new text begin Crime. new text end

new text begin An offender who removes, tampers with, or otherwise attempts to
defeat the purpose of a tracking and monitoring device mandated by this section is guilty
of a felony and must serve a minimum of one year in prison.
new text end

new text begin Subd. 4. new text end

new text begin Duties of the commissioner; system requirements. new text end

new text begin (a) The commissioner
of corrections shall implement and operate a system to supervise offenders required to
wear tracking and monitoring devices. The system must immediately alert the system
administrator and the local law enforcement agency having jurisdiction over the exclusion
or inclusion zone if an offender wearing an active tracking and monitoring device remains
in an exclusion zone longer than is necessary to travel through the zone or if an offender
leaves an inclusion zone.
new text end

new text begin (b) For each offender required to wear a tracking and monitoring device, the
commissioner shall create individualized exclusion and inclusion zones for the offender, if
necessary to protect the public safety or the offender's victims.
new text end

new text begin Subd. 5. new text end

new text begin Costs. new text end

new text begin The commissioner of corrections may assess all or any portion of
the cost of the tracking and monitoring device to the offender based on the offender's
ability to pay, as determined by the commissioner.
new text end

new text begin Subd. 6. new text end

new text begin Release from requirement. new text end

new text begin The commissioner may release an offender
from the duty to wear a tracking and monitoring device if the offender is reincarcerated,
committed to a secure state hospital, or otherwise incapacitated, but shall require the
device when the offender is released or is capable of accessing public areas.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to offenders currently incarcerated and offenders sentenced on or after that date.
new text end

Sec. 2. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated from the general fund to the commissioner of corrections to
implement section 1. The appropriation is available for the biennium ending June 30, 2007.
new text end