40-39-302 - Establishment of program Promulgation of guidelines Duties.

40-39-302. Establishment of program Promulgation of guidelines Duties.

(a)  The board of probation and parole is authorized to establish a serious offender and violent sexual offender monitoring program and to promulgate guidelines governing it, consistent with the provisions of this part.

(b)  The board shall carry out the following duties:

     (1)  By December 31, 2004, in consultation with all participating state and local law enforcement, the board shall develop implementing guidelines for the continuous satellite-based monitoring of serious offenders and violent sexual offenders. The system may provide:

          (A)  Time-correlated and continuous tracking of the geographic location of the subject using a global positioning system based on satellite and other location tracking technology;

          (B)  Reporting of subject's violations of prescriptive and proscriptive schedule or location requirements. Frequency of reporting may range from once-a-day (passive) to near real-time (active); and

          (C)  An automated system that provides local and state law enforcement with alerts to compare the geographic positions of monitored subjects with reported crime incidents and whether the subject was at or near the reported crime incidents. These alerts will enable authorities to include or exclude monitored subjects from an ongoing investigation.

     (2)  Prior to June 30, 2005, the board of probation and parole shall contract with a single vendor for the hardware services needed to monitor subject offenders and correlate their movements to reported crime incidents using a system meeting the requirements described in subdivision (b)(1)(C).

     (3)  The board's contract with this vendor may provide for services necessary to implement or facilitate any of the provisions of this part including the collection and disposition of the charges and fees provided for in this part and § 40-28-201(a)(2) and to allow for the reasonable cost of collection of the proceeds.

     (4)  On or before April 1, 2006, the board shall make a report to a joint meeting of the judiciary committee of the senate and the house of representatives and the joint oversight committee on correction regarding the implementation of this part, and the results of the programs created by this part.

[Acts 2004, ch. 899,§ 5; 2005, ch. 179,§§ 1,2.]