H. B. 2920
(By Delegates Sobonya, Sumner, Rowan and Lane)
[Introduced February 8, 2007; 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 against a minor 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 against
a minor pursuant to the provisions of 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 against a
minor subjected to "GPS" monitoring in accordance with the
provisions of 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
against a minor in accordance with the provisions of 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 against minors 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.