Bill Text: MS SB2887 | 2019 | Regular Session | Introduced
Bill Title: Sex offenders; must obtain approval from MDOC and MDPS before leaving state.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-02-05 - Died In Committee [SB2887 Detail]
Download: Mississippi-2019-SB2887-Introduced.html
MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Judiciary, Division B; Corrections
By: Senator(s) Jackson (32nd) (By Request)
Senate Bill 2887
AN ACT TO AMEND SECTION 45-33-31, MISSISSIPPI CODE OF 1972, TO CLARIFY THE PROCESS TO BE FOLLOWED WHEN A PERSON WHO IS REQUIRED TO REGISTER AS A SEX OFFENDER REQUESTS APPROVAL TO LEAVE THE STATE; TO BRING FORWARD SECTION 45-33-45, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 45-33-31, Mississippi Code of 1972, is amended as follows:
45-33-31. (1) (a) Registrants who are in compliance with a program of electronic monitoring under this chapter are required to reregister annually.
(b) All other registrants are required to personally appear at a Department of Public Safety Driver's License Station to reregister every ninety (90) days.
(2) Reregistration includes the submission of current information and photograph to the department and the verification of registration information, including the street address and telephone number of the registrant; name, street address and telephone number of the registrant's employment or status at a school, along with any other registration information that may need to be verified and the payment of any required fees.
(3) A person who fails to reregister and obtain a renewal sex offender registration card as required by this section commits a violation of this chapter. The Department of Public Safety will immediately notify any sheriff or other jurisdiction of any changes in information including residence address, employment and status at a school if that jurisdiction, county or municipality is affected by the change.
(4) An eligible registrant may leave the state only after receiving approval from both the Mississippi Department of Corrections and the Department of Public Safety. A registrant who leaves the state must follow all the rules and regulations of the Mississippi Department of Corrections, the Department of Public Safety and the rules of the receiving state. If a registrant is not under the supervision of the Mississippi Department of Corrections when he or she leaves the state, the department shall not be responsible for the electronic monitoring of the registrant.
SECTION 2. Section 45-33-45, Mississippi Code of 1972, is brought forward 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 as being obligated to be monitored while on bond or upon release from confinement.
(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 victim or family of a victim who have registered for notification when the offender is within a specified range of the victim's or family's residence; and
(ii) Law enforcement when an offender is within the prohibited range of a school or other place where the offender is prohibited from being.
(3) The vendor shall notify the Department of Public Safety or a local law enforcement agency if a registered sex offender does any of the following:
(a) Moves from a residence or address in this state to a residence or address in another state.
(b) Moves from a residence or address in this state to another residence or address in this state.
(4) 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 immediately by the law enforcement agency having jurisdiction that receives a report of noncompliance.
(5) (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.
(6) The Commissioner of Corrections may adopt regulations to establish fees and otherwise administer monitoring of sex offenders as required under this chapter.
(7) 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 3. This act shall take effect and be in force from and after July 1, 2019.
