Bill Text: MS SB2146 | 2017 | Regular Session | Introduced
Bill Title: Sex offenders; amend MDOC's duty to monitor and investigate those who fail to register as such.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2017-01-31 - Died In Committee [SB2146 Detail]
Download: Mississippi-2017-SB2146-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Corrections
By: Senator(s) Jackson (32nd)
Senate Bill 2146
AN ACT TO AMEND SECTION 45-33-45, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT THAT THE MISSISSIPPI DEPARTMENT OF CORRECTIONS MONITOR SEX OFFENDERS WHO FAIL TO REGISTER AS SUCH WHILE ON BOND OR UPON RELEASE FROM CONFINEMENT; TO SPECIFY THAT A SEX OFFENDER SHALL REMAIN AT LEAST 1,500 FEET AWAY FROM THE VICTIM'S RESIDENCE; TO DESIGNATE THE DEPARTMENT AS THE EXCLUSIVE ENTITY RESPONSIBLE FOR INVESTIGATING ANY REPORTS OF AN OFFENDER'S NONCOMPLIANCE WITH THE MONITORING PROGRAM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 45-33-45, Mississippi Code of 1972, is amended as follows:
45-33-45. (1) The
Department of Corrections may enter into a contract with a qualified vendor
experienced in and capable of fulfilling the requirements of this section on a
daily basis to provide a data monitoring and alert system for persons who are
required to be monitored under this chapter. The initial program shall provide
for monitoring upon release of the offenders listed in Section 45-33-33 or 45-33-47 * * *.
(2) The system shall monitor the movement of a monitored subject through public records or other record information systems, and, at a minimum, shall provide:
(a) Time-correlated or continuous tracking of the geographic location of the monitored subject using a Global Positioning System that is based on satellite and other location technology;
(b) An automated monitoring system that can be used to permit law enforcement agencies to compare the geographic positions of monitored subjects with reported crime incidents and the proximity of the monitored subject to a reported crime incident; and
(c) From and after January 1, 2015, and subject to regulations promulgated by the Commissioner of Corrections, notification to:
(i) A registered
victim * * * when the offender is
within * * * one thousand five hundred (1,500) feet of the victim's * * * residence; and
(ii) Law
enforcement when an offender is within the prohibited range of * * * the registered victim's residence.
* * *
( * * *3) The Department of Corrections shall
develop procedures to determine, investigate and report on a twenty-four-hour-per-day
basis a monitored subject's noncompliance with the terms and conditions of the
program, and all reports of noncompliance shall be investigated * * * by the * * * department.
( * * *4) (a) The system shall be installed
and operational not later than January 1, 2014, following an appropriate
testing period. The initial program shall consist of monitoring of the
required offenders; in the second phase, the program will provide for
notification to victims who have registered for notification.
(b) The Commissioner of Corrections shall study and develop recommendations for the Legislature as to the advisability of monitoring of additional registrants not later than January 1, 2015.
( * * *5) The Commissioner of Corrections may
adopt regulations to establish fees and otherwise administer monitoring of sex
offenders as required under this chapter.
( * * *6) Notwithstanding any provision of
law, rule or regulation to the contrary, the Department of Corrections,
Attorney General, Department of Public Safety, Mississippi Bureau of
Investigation, and federal, county and municipal law enforcement agencies may
share criminal incident information with each other and the vendor selected to
provide the monitoring equipment for the program for the purposes of detection
and prevention of crime.
SECTION 2. This act shall take effect and be in force from and after July 1, 2017.
