HF 331

as introduced - 85th Legislature (2007 - 2008) 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 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
meanings given them.
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) "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 (c) "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 an active tracking
and monitoring device for the entire period the offender is on supervised release. The
commissioner may not waive an offender's obligation to wear this 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 may be sentenced to imprisonment for not more than five years or
to payment of a fine of not more than $10,000, or both.
new text end

new text begin Subd. 4. new text end

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

new text begin (a) The commissioner
shall implement and operate a system to supervise offenders required to wear tracking
and monitoring devices under this section. 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 a 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 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 $....... for the fiscal year ending June 30, 2008, and $....... for the fiscal year ending
June 30, 2009, are appropriated from the general fund to the commissioner of corrections
to implement section 1.
new text end