§ 14-208.40. Establishment of program; creation of guidelines; duties. - North Carolina Statutes

Part 5. Sex Offender Monitoring.

§ 14‑208.40. Establishment of program; creation of guidelines; duties.

(a)        The Department ofCorrection shall establish a sex offender monitoring program that uses acontinuous satellite‑based monitoring system and shall create guidelinesto govern the program. The program shall be designed to monitor threecategories of offenders as follows:

(1)        Any offender who isconvicted of a reportable conviction as defined by G.S. 14‑208.6(4) andwho is required to register under Part 3 of Article 27A of Chapter 14 of theGeneral Statutes because the defendant is classified as a sexually violentpredator, is a recidivist, or was convicted of an aggravated offense as thoseterms are defined in G.S. 14‑208.6.

(2)        Any offender whosatisfies all of the following criteria: (i) is convicted of a reportableconviction as defined by G.S. 14‑208.6(4), (ii) is required to registerunder Part 2 of Article 27A of Chapter 14 of the General Statutes, (iii) hascommitted an offense involving the physical, mental, or sexual abuse of aminor, and (iv) based on the Department's risk assessment program requires thehighest possible level of supervision and monitoring.

(3)        Any offender who isconvicted of G.S. 14‑27.2A or G.S. 14‑27.4A, who shall be enrolledin the satellite‑based monitoring program for the offender's natural lifeupon termination of the offender's active punishment.

(b)        In developing theguidelines for the program, the Department shall require that any offender whois enrolled in the satellite‑based program submit to an active continuoussatellite‑based monitoring program, unless an active program will notwork as provided by this section. If the Department determines that an activeprogram will not work as provided by this section, then the Department shallrequire that the defendant submit to a passive continuous satellite‑basedprogram that works within the technological or geographical limitations.

(c)        The satellite‑basedmonitoring program shall use a system that provides all of the following:

(1)        Time‑correlatedand continuous tracking of the geographic location of the subject using aglobal positioning system based on satellite and other location trackingtechnology.

(2)        Reporting ofsubject's violations of prescriptive and proscriptive schedule or locationrequirements. Frequency of reporting may range from once a day (passive) tonear real‑time (active).

(d)        The Department maycontract with a single vendor for the hardware services needed to monitorsubject offenders and correlate their movements to reported crime incidents.The contract may provide for services necessary to implement or facilitate anyof the provisions of this Part.  (2006‑247, s. 15(a); 2007‑213, s. 1; 2007‑484,s. 42(b); 2008‑117, s. 16.)