H. B. 2891
(By Delegate Rodighiero)
[Introduced January 27, 2011; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §62-11D-3 of the Code of West Virginia, 1931, as amended, relating to subjecting persons convicted of sexual crimes to “GPS” monitoring for the duration of their life.
Be it enacted by the Legislature of West Virginia:
That §62-11D-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 11D. HEIGHTENED EXAMINATION AND SUPERVISION FOR CERTAIN SEX OFFENDERS.
§62-11D-3. Electronic monitoring of certain sex offenders under supervision; tampering with devices; offenses and penalties.
(a) Notwithstanding any provisions of this code to the contrary, any person convicted of committing a sexual crime pursuant to article eight-b, chapter sixty-one, who is on probation, parole or supervised release, shall be subject to “GPS” monitoring as a condition of probation, parole or supervised release for the duration of his or her life. Any person designated as a sexually violent predator pursuant to the provisions of section two-a, article twelve, chapter fifteen of this code who is on probation, parole or supervised release, shall be subject to electronic monitoring as a condition of probation, parole or supervised release. A person required to register as a sex offender pursuant to the provisions of article twelve, chapter fifteen of this code may, as a condition of probation, parole or supervised release, be subject to electronic monitoring.
(b) Upon being placed on supervision, a person required to undergo electronic monitoring pursuant to the provisions of this section, other than persons convicted of sexual crimes subjected to “GPS” monitoring in accordance with this section, shall be placed at a minimum on radio frequency monitoring with curfews enforced. Following an assessment designed to determine the level and type of electronic monitoring necessary to effectuate the protection of the public, a supervised person, other than persons convicted of sexual crimes in accordance with this section, may be placed on a system providing a greater or lesser degree of monitoring.
(c) A person subject to the provisions of this section shall be responsible for the cost of the “GPS” or electronic monitoring. In the event a person required to submit to “GPS” or electronic monitoring as required by the provisions of this section is unable to pay for the “GPS” or electronic monitoring, that person may present an affidavit reflecting the inability to pay for such the monitoring to the circuit court of the county of supervision. If it appears to the satisfaction of the court that such person is in fact financially unable to pay for such the monitoring, the court shall issue an order reflecting such findings and forward said order to the supervising entity. Upon receipt of such order, the supervising entity shall then be responsible for paying for each testing.
(d) The assessment required by the provisions of subsection (b) of this section shall be completed not later than thirty days after the supervised person begins serving probation or parole or supervised release. Under no circumstances may a person of whom electronic monitoring has been mandated as a condition of supervision be on a type of monitoring less effective than voice verification with a curfew.
(e) Any person who intentionally alters, tampers with, damages or destroys any “GPS” or electronic monitoring equipment, with the intent to remove the device or impair its effectiveness, is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility for not less than one year nor more than ten years.
NOTE: The purpose of this bill is to subject persons convicted of sexual offenses who are on parole or probation to “GPS” monitoring for the duration of their life.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.