HF 2670

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; requiring certain child predators to wear tracking and
monitoring devices 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 CHILD PREDATORS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms in
paragraphs (b) to (e) have the meanings given them:
new text end

new text begin (b) "Child predator" means a person sentenced under section 609.3455 or Minnesota
Statutes 2004, sections 609.108 and 609.109, or convicted of violating section 609.342
(criminal sexual conduct in the first degree), 609.343 (criminal sexual conduct in the
second degree), or 609.3453 (criminal sexual predatory conduct) for a crime that involved
a victim under the age of 13 years.
new text end

new text begin (c) "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 (d) "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 (e) "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, a child predator must wear
an active tracking and monitoring device for the entire period the offender is on supervised
or conditional release. The commissioner may not waive a child predator'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 A person 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 be capable of immediately
alerting 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 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 $....... is appropriated in fiscal year 2009 from the general fund to the commissioner
of corrections to implement section 1.
new text end