GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2005
S 1
SENATE BILL 1204
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Short Title: Jessica's Law/Strengthen Sex Offender Laws. |
(Public) |
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Sponsors: |
Senators Allran, Atwater, Bingham, Purcell; Albertson, Apodaca, Berger of Rockingham, Blake, Boseman, Brock, Brown, Forrester, Garrou, Garwood, Goodall, Hartsell, Hunt, Jacumin, Jenkins, Lucas, Pittenger, Presnell, Shaw, Smith, Snow, Stevens, Swindell, Tillman, and Weinstein. |
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Referred to: |
Judiciary I. |
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May 10, 2006
A BILL TO BE ENTITLED
AN ACT to amend the sex offender and public protection registration programs and to appropriate funds to implement an active and passive electronic monitoring system to assist with the supervision of certain sex offenders placed on probation, parole, or post‑release supervision, as recommended by the child fatality task force.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 14‑208.6A reads as rewritten:
"§ 14‑208.6A. Lifetime registration requirements for criminal offenders.
It is the objective of the General Assembly to establish a 10 year registration requirement for persons convicted of certain offenses against minors or sexually violent offenses. It is the further objective of the General Assembly to establish a more stringent set of registration requirements for recidivists, persons who commit aggravated offenses, and for a subclass of highly dangerous sex offenders who are determined by a sentencing court with the assistance of a board of experts to be sexually violent predators.
To accomplish this objective, there are established two registration programs: the Sex Offender and Public Protection Registration Program and the Sexually Violent Predator Registration Program. Any person convicted of an offense against a minor or of a sexually violent offense as defined by this Article shall register in person as an offender in accordance with Part 2 of this Article. Any person who is a recidivist, who commits an aggravated offense, or who is determined to be a sexually violent predator shall register in person as such in accordance with Part 3 of this Article.
The information obtained under these programs shall be immediately shared with the appropriate local, State, federal, and out‑of‑state law enforcement officials and penal institutions. In addition, the information designated under G.S. 14‑208.10(a) as public record shall be readily available to and accessible by the public. However, the identity of the victim is not public record and shall not be released as a public record."
SECTION 2. G.S. 14‑208.6B reads as rewritten:
"§ 14‑208.6B. Registration requirements for juveniles transferred to and convicted in superior court.
A juvenile transferred to superior court pursuant to G.S. 7B‑2200 who is convicted of a sexually violent offense or an offense against a minor as defined in G.S. 14‑208.6 shall register in person in accordance with this Article just as an adult convicted of the same offense must register."
SECTION 3. G.S. 14‑208.7 reads as rewritten:
"§ 14‑208.7. Registration.
(a) A person who is a State resident and who has a
reportable conviction shall be required to maintain registration with the
sheriff of the county where the person resides. If the person moves to North
Carolina from outside this State, the person shall register within 10 days 48
hours of establishing residence in this State, or whenever the person has
been present in the State for 15 days, whichever comes first. If the person is
a current resident of North Carolina, the person shall register:
(1) Within 10 days 48 hours of release
from a penal institution or arrival in a county to live outside a penal
institution; or
(2) Immediately upon conviction for a reportable offense where an active term of imprisonment was not imposed.
Registration shall be maintained for a period of at least 10 years following release from a penal institution. If no active term of imprisonment was imposed, registration shall be maintained for a period of at least 10 years following each conviction for a reportable offense.
(a1) A person who is a nonresident student or a nonresident worker and who has a reportable conviction, or is required to register in the person's state of residency, is required to maintain registration with the sheriff of the county where the person works or attends school. In addition to the information required under subsection (b) of this section, the person shall also provide information regarding the person's school or place of employment as appropriate and the person's address in his or her state of residence.
(b) The Division shall provide each sheriff with forms for registering persons as required by this Article. The registration form shall require:
(1) The person's full name, each alias, date of birth, sex, race, height, weight, eye color, hair color, drivers license number, and home address;
(2) The type of offense for which the person was convicted, the date of conviction, and the sentence imposed;
(3) A current photograph;
(4) The person's fingerprints;
(5) A statement indicating whether the person is a student or expects to enroll as a student within a year of registering. If the person is a student or expects to enroll as a student within a year of registration, then the registration form shall also require the name and address of the educational institution at which the person is a student or expects to enroll as a student; and
(6) A statement indicating whether the person is employed or expects to be employed at an institution of higher education within a year of registering. If the person is employed or expects to be employed at an institution of higher education within a year of registration, then the registration form shall also require the name and address of the educational institution at which the person is or expects to be employed.
The sheriff shall photograph the individual at the time of registration and take fingerprints from the individual at the time of registration both of which will be kept as part of the registration form. The registrant will not be required to pay any fees for the photograph or fingerprints taken at the time of registration.
(c) When a person registers, the sheriff with whom the person registered shall immediately send the registration information to the Division in a manner determined by the Division. The sheriff shall retain the original registration form and other information collected and shall compile the information that is a public record under this Part into a county registry.
(d) Any person required to register under this section shall report in person at the appropriate sheriff's office to comply with the registration requirements set out in this section."
SECTION 4. G.S. 14‑208.9 reads as rewritten:
"§ 14‑208.9. Change of address; change of academic status or educational employment status.
(a) If a person required to register changes address,
the person shall report in person and provide written notice of the new
address not later than the tenth day48 hours after the change to
the sheriff of the county with whom the person had last registered. Upon receipt
of the notice, the sheriff shall immediately forward this information to the
Division. If the person moves to another county in this State, the Division
shall inform the sheriff of the new county of the person's new residence.
(b) If a person required to register moves intends
to move to another state, the person shall report in person to the
sheriff of the county of current residence at least 48 hours before the date
the person intends to leave this State to establish residence in another state
or jurisdiction.provide written notice of the new address not later than
10 days after the change to the sheriff of the county with whom the person had
last registered. Upon receipt of the notice, the The person shall
provide to the sheriff a written notification that includes all of the
following information: the address, municipality, county, and state of
intended residence. The person shall also include a current photograph with the
information. The sheriff shall notify inform the person that
the person must comply with the registration requirements in the new state of
residence. The sheriff shall also immediately forward the change of address information
included in the notification to the Division, and the Division shall inform
the appropriate state official in the state to which the registrant moves of
the person's notification and new address.
(b1) A person who indicates his or her intent to reside in another state or jurisdiction and later decides to remain in this State shall, within 48 hours after the date upon which the person indicated he or she would leave this State, report in person to the sheriff's office to which the person reported the intended change of residence, of his or her intent to remain in this State. If the sheriff is notified by the sexual offender that he or she intends to remain in this State, the sheriff shall promptly report this information to the Division.
(c) If a person required to register changes his or her
academic status either by enrolling as a student or by terminating enrollment
as a student, then the person shall shall, within 48 hours, report in
person to the sheriff of the county with whom the person registered and provide
written notice of the person's new status not later than the tenth
day after the change to the sheriff of the county with whom the person
registered.status. The written notice shall include the name and
address of the institution of higher education at which the student is or was
enrolled. Upon receipt of the notice, theThe sheriff shall
immediately forward this information to the Division.
(d) If a person required to register changes his or her
employment status either by obtaining employment at an institution of higher
education or by terminating employment at an institution of higher education,
then the person shall shall, within 48 hours, report in person to the
sheriff of the county with whom the person registered and provide written
notice of the person's new status not later than the tenth day 48
hours after the change to the sheriff of the county with whom the person
registered. The written notice shall include the name and address of the
institution of higher education at which the person is or was employed. Upon
receipt of the notice, theThe sheriff shall immediately forward this
information to the Division."
SECTION 5. G.S. 14‑208.9A reads as rewritten:
"§ 14‑208.9A. Verification of registration information.
The information in the county registry shall be verified annually
semiannually for each registrant as follows:
(1) Every year on the anniversary of a person's initial registration date, and again six months after that date, the Division shall mail a nonforwardable verification form to the last reported address of the person.
(2) The person shall return the verification form in
person to the sheriff within 10 days 48 hours after the
receipt of the form.
(3) The verification form shall be signed by the person and shall indicate whether the person still resides at the address last reported to the sheriff. If the person has a different address, then the person shall indicate that fact and the new address.
(3a) The person shall include a current photograph of himself or herself with the verification form. The photograph must be easy to view and must provide a true and accurate likeness of the offender. If, in the sheriff's discretion, the photograph does not satisfy that criteria, then the sheriff may take a photograph of the offender to include with the verification form.
(4) If the person fails to return the verification form in
person to the sheriff within 10 days48 hours after receipt of
the form, the person is subject to the penalties provided in G.S. 14‑208.11.
If the verification form is returned to the sheriff as undeliverable,person
fails to report in person and provide the written verification as provided by
this section, the sheriff shall make a reasonable attempt to verify that
the person is residing at the registered address. If the person cannot be found
at the registered address and has failed to report a change of address, the
person is subject to the penalties provided in G.S. 14‑208.11,
unless the person reports in person to the sheriff and proves that the person
has not changed his or her residential address."
SECTION 6. G.S. 14‑208.11(a) reads as rewritten:
"(a) A person required by this Article to register who does any of the following is guilty of a Class F felony:
(1) Fails to register.
(2) Fails to notify the last registering sheriff of a change of address.
(3) Fails to return a verification notice as required under G.S. 14‑208.9A.
(4) Forges or submits under false pretenses the information or verification notices required under this Article.
(5) Fails to inform the registering sheriff of enrollment or termination of enrollment as a student.
(6) Fails to inform the registering sheriff of employment at an institution of higher education or termination of employment at an institution of higher education.
(7) Fails to report in person to the sheriff's office as required by G.S. 14‑208.7, 14‑208.9, and 14‑208.9A.
(8) Reports his or her intent to reside in another state or jurisdiction but remains in this State without reporting to the sheriff in the manner required by G.S. 14‑208.9."
SECTION 7. Article 27A of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14‑208.11A. Duty to report noncompliance of a sex offender; penalty for failure to report in certain circumstances.
(a) Any person who has reason to believe that an offender required to register under this Article is not complying, or has not complied, with the requirements of this Article and who, with the intent to assist the offender in eluding a law enforcement agency that is seeking to find the offender to question the offender about, or to arrest the offender for, his or her noncompliance with the requirements of this Article and who does any of the following is guilty of a Class H felony:
(1) Withholds information from, or does not notify, the law enforcement agency about the offender's noncompliance with the requirements of this Article, and, if known, the whereabouts of the offender.
(2) Harbors, or attempts to harbor, or assists another person in harboring or attempting to harbor, the offender.
(3) Conceals or attempts to conceal, or assist another person in concealing or attempting to conceal, the offender.
(4) Provides information to the law enforcement agency regarding the offender that the person knows to be false information.
(b) This section does not apply if the offender is incarcerated in or is in the custody of a local, State, private, or federal correctional facility."
SECTION 8. G.S. 14‑208.12A reads as rewritten:
"§ 14‑208.12A.
Termination Request for termination of registration requirement.
(a) A person required to register under this Part who
has served his or her sentence may petition the superior court in the district
court where the person resides to terminate the registration requirementThe
requirement that a person register under this Part automatically terminates
10 years from the date of initial county registration if the person has not
been convicted of a subsequent offense requiring registration under this
Article. The court may grant or deny the relief if the petitioner
demonstrates to the court that he or she has not been arrested for any crime
that would require registration under this Article since completing the
sentence, the requested relief complies with the provisions of the federal
Jacob Wetterling Act, as amended, and any other federal standards applicable to
the termination of a registration requirement or required to be met as a
condition for the receipt of federal funds by the State, and the court is
otherwise satisfied that the petitioner is not a current or potential threat to
public safety. The district attorney in the district in which the petition is
filed shall be given notice of the petition at least three weeks before the
hearing on the matter. The district attorney may present evidence in
opposition to the requested relief or may otherwise demonstrate the reasons why
the petition should be denied. If the court denies the petition, the person may
again petition the court for relief in accordance with this section one year
from the date of the denial of the original petition to terminate the
registration requirement. If the court grants the petition to terminate the
registration requirement, the petitioner shall forward a certified copy of the
order to the Division to have the person's name removed from the registry.
(b) If there is a subsequent offense, the county registration records shall be retained until the registration requirement for the subsequent offense is terminated."
SECTION 9. Article 27A of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14‑208.25A. Community and public notification.
(a) Law enforcement agencies shall inform members of the community and the public of the presence of any person required to register under this Part as a recidivist, as sexual predator, or because the person has committed an aggravated offense. Upon notification of the presence of a registrant under this Part, the sheriff of the county where the registrant establishes or maintains a permanent or temporary residence shall notify members of the community and the public of the presence of the registrant in a manner deemed appropriate by the sheriff. Within 48 hours after receiving notification of the presence of a registrant under this Part, the sheriff of the county where the registrant temporarily or permanently resides shall notify each licensed day care center, elementary school, middle school, and high school within a one‑mile radius of the registrant's temporary or permanent residence of the registrant's presence. The information to be provided under this section shall not include the name of any victim of the registrant, but shall include all of the following:
(1) The name of the registrant.
(2) A description of the registrant, including a photograph.
(3) The registrant's current address, including the name of the county or municipality, if known.
(4) The circumstances of the registrant's offense.
(5) Whether the victim of the offense was, at the time of the offense, a minor or an adult.
(b) The sheriff may coordinate the community and public notification efforts with the Division. Statewide notification to the public is authorized, as deemed appropriate by local law enforcement personnel and the Division.
(c) The Division shall notify the public of all registrants under this Part through the Internet. The Internet notice shall include the information required by subsection (a) of this section.
(d) The Division shall adopt a protocol to assist law enforcement agencies in their efforts to notify the community and public of the presence of persons required to register under this Part."
SECTION 10. G.S. 14‑208.27 reads as rewritten:
"§ 14‑208.27. Change of address.
If a juvenile who is adjudicated delinquent and required to
register changes address, the juvenile court counselor for the juvenile shall
provide written notice of the new address not later than the tenth day 48
hours after the change to the sheriff of the county with whom the juvenile
had last registered. Upon receipt of the notice, the sheriff shall immediately
forward this information to the Division. If the juvenile moves to another
county in this State, the Division shall inform the sheriff of the new county
of the juvenile's new residence."
SECTION 11. G.S. 14‑208.28 reads as rewritten:
"§ 14‑208.28. Verification of registration information.
The information provided to the sheriff shall be verified annually
semiannually for each juvenile registrant as follows:
(1) Every year on the anniversary of a juvenile's
initial registration date,date and six months after that date the
sheriff shall mail a verification form to the juvenile court counselor assigned
to the juvenile.
(2) The juvenile court counselor for the juvenile shall
return the verification form to the sheriff within 10 days48 hours
after the receipt of the form.
(3) The verification form shall be signed by the juvenile court counselor and the juvenile and shall indicate whether the juvenile still resides at the address last reported to the sheriff. If the juvenile has a different address, then that fact and the new address shall be indicated on the form."
SECTION 12. Part 3 of Article 27A of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14‑208.24A. Sexual predator prohibited from working or volunteering at any place where children regularly congregate.
(a) Any person required to register under this Part because he or she is classified as a sexually violent predator, is a recidivist as defined by G.S. 14‑208.6, or is a person convicted of an aggravated offense as defined by G.S. 14‑208.6 shall not work, for compensation or as a volunteer, at any business, school, day care center, park, playground, or other place where children regularly congregate.
(b) A violation of this section is a Class F felony."
SECTION 13. Article 33 of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14‑259A. Altering, tampering, or damaging electronic monitoring equipment used to monitor persons placed on house arrest, probation, post‑release supervision or other types of release.
(a) It is unlawful to alter, tamper with, damage, or destroy any electronic monitoring equipment used to monitor a person who has been placed on probation, house arrest, post‑release supervision, parole, study release, or work release.
(b) A violation of this section is a Class F felony."
SECTION 14. G.S. 15A‑1341 is amended by adding a new subsection to read:
"(d) Search of Sex Offender Registration Information Required When Placing a Defendant on Probation. – When the court places a defendant on probation, the probation officer assigned to the defendant shall conduct a search of the defendant's name or other identifying information against the registration information regarding sex offenders compiled by the Division of Criminal Statistics of the Department of Justice in accordance with Article 27A of Chapter 14 of the General Statutes. The probation officer may conduct the search using the Internet site maintained by the Division of Criminal Statistics."
SECTION 15. G.S. 15A‑1343(b2) reads as rewritten:
"(b2) Special Conditions of Probation for Sex Offenders and Persons Convicted of Offenses Involving Physical, Mental, or Sexual Abuse of a Minor. – As special conditions of probation, a defendant who has been convicted of an offense which is a reportable conviction as defined in G.S. 14‑208.6(4), or which involves the physical, mental, or sexual abuse of a minor, must:
(1) Register as required by G.S. 14‑208.7 if the offense is a reportable conviction as defined by G.S. 14‑208.6(4).
(2) Participate in such evaluation and treatment as is necessary to complete a prescribed course of psychiatric, psychological, or other rehabilitative treatment as ordered by the court.
(3) Not communicate with, be in the presence of, or found in or on the premises of the victim of the offense.
(4) Not reside in a household with any minor child if the offense is one in which there is evidence of sexual abuse of a minor.
(5) Not reside in a household with any minor child if the offense is one in which there is evidence of physical or mental abuse of a minor, unless the court expressly finds that it is unlikely that the defendant's harmful or abusive conduct will recur and that it would be in the minor child's best interest to allow the probationer to reside in the same household with a minor child.
(6) Satisfy any other conditions determined by the court to be reasonably related to his rehabilitation.
(7) If the defendant is required to register under Part 3 of Chapter 14 of the General Statutes because the defendant is classified as a sexually violent predator, is a recidivist, or was convicted of an aggravated offense, as those terms are defined in G.S.14‑208.6, then the defendant must submit to electronic monitoring as provided in G.S. 15A‑1380.6.
Defendants subject to the provisions of this subsection shall not be placed on unsupervised probation."
SECTION 16. G.S. 15A‑1343(c2) reads as rewritten:
"(c2) Electronic Monitoring Device Fee. – Any person
placed on house arrest with electronic monitoring under subsection (b1) of this
section or who is required to register as a sex offender under Part 3 of
Chapter 14 of the General Statutes and therefore has electronic monitoring
imposed as a condition of probation under subsection (b2) of this section and G.S. 15A‑1380.6
shall pay a fee of ninety dollars ($90.00) for the electronic monitoring
device. The court may exempt a person from paying the fee only for good cause
and upon motion of the person placed on house arrest with electronic monitoring.
monitoring or upon motion of the person who is required to register as a
sex offender under Part 3 of Chapter 14 of the General Statutes and has electronic
monitoring imposed as a condition of probation under subsection (b2) of this
section and G.S. 15A‑1380.6. The court may require that the fee
be paid in advance or in a lump sum or sums, and a probation officer may
require payment by those methods if the officer is authorized by subsection (g)
of this section to determine the payment schedule. The fee must be paid to the
clerk of court for the county in which the judgment was entered or the deferred
prosecution agreement was filed. Fees collected under this subsection shall be
transmitted to the State for deposit into the State's General Fund."
SECTION 17. G.S. 15A‑1344 is amended by adding a new subsection to read:
"(e2) Mandatory Electronic Monitoring Required for Extension of Probation in Response to Violation by Certain Sex Offenders. – If a defendant who violates probation is classified as a sexually violent predator, is a recidivist, or was convicted of an aggravated offense, as those terms are defined in G.S.14‑208.6, and if the court extends the probation as a result of the violation, then the court shall order electronic monitoring as a condition of the extended probation. The electronic monitoring system used shall comply with the provisions of G.S. 15A‑1380.6."
SECTION 18. G.S. 15A‑1368.4 is amended by adding a new subsection to read:
"(b2) Mandatory Electronic Monitoring for Certain Other Sex Offenders. – In addition to the other required conditions set forth in this section, the Commission shall also impose electronic monitoring as a condition for a supervisee who is required to register under Part 3 of Chapter 14 of the General Statutes because the person is classified as a sexually violent predator, is a recidivist, or was convicted of an aggravated offense as those terms are defined in G.S. 14‑208.6. The electronic monitoring system used shall comply with the provisions of G.S. 15A‑1380.6."
SECTION 19. Chapter 15A of the General Statutes is amended by adding a new Article to read:
"Article 85C.
"Electronic Monitoring Devices
"§ 15A‑1380.6. Electronic monitoring devices.
If electronic monitoring is imposed as a condition of probation, parole, or post‑release supervision on an offender who is required to register under Part 3 of Chapter 14 of the General Statutes because the offender is classified as a sexually violent predator, is a recidivist, or was convicted of an aggravated offense as those terms are defined in G.S. 14‑208.6, the Department of Correction shall use an electronic monitoring system that actively monitors the offender, identifies the offender's location, and timely reports or records the offender's presence near or within a crime scene or in a prohibited area or the offender's departure from specified geographic limitations. If an electronic monitoring system that actively monitors the offender will not work as provided by this section, then the Department of Correction shall use a passive electronic system that works within the technological or geographical limitations."
The Department of Correction shall issue a RFP for passive and active Global Positioning Systems for use as an intermediate sanction and to help supervise certain sex offenders who are placed on probation, parole, or post‑release supervision. The RFP shall require separate bids: one for equipment, maintenance, and technical support, and one for the aforementioned items plus monitoring services.
No less than 30 days prior to issuing these RFPs, the Department shall provide the Fiscal Research Division with copies of the draft RFPs. The RFPs shall be issued by August 1, 2006, for contract terms to begin January 1, 2007.
The Department of Correction shall report by October 1, 2007, to the Chairs of the House of Representatives and Senate Appropriations Committees and the Chairs of the House of Representatives and Senate Appropriations Subcommittees on Justice and Public Safety on the responses to the RFPs.
SECTION 21. No later than January 1, 2007, the Department of Correction shall develop a graduated risk assessment program that identifies, assesses, and closely monitors a high‑risk sex offender who, while not classified as a sexually violent predator, a recidivist, or convicted of an aggravated offense as those terms are defined in G.S. 14‑208.6, may still require extraordinary supervision and may be placed on probation, parole, or post‑release supervision only on the conditions provided in G.S. 15A‑1343(b2) or G.S. 15A‑1368.4(b1).
SECTION 22. There is appropriated from the General Fund to the Department of Correction the sum of one million three hundred seven thousand two hundred eighteen dollars ($1,307, 218) for the 2006‑2007 fiscal year to implement the active and passive electronic monitoring systems required by this act.
SECTION 23. Section 22 of this act becomes effective July 1, 2006. The remainder of this act becomes effective December 1, 2006, and applies to offenses committed on or after that date.