Assigned to JUD                                                                                                          AS PASSED BY THE SENATE

ARIZONA STATE SENATE

Forty-eighth Legislature, First Regular Session

AMENDED

FACT SHEET FOR S.B. 1228

sex offenders; monitoring; probation

Purpose

            Narrows mandatory Global Position System (GPS) monitoring of persons convicted of certain crimes.

Background

GPS monitoring is a technology-aided way to monitor criminal offenders.  There are two main types: passive GPS and active GPS.  Passive GPS, which stores location data, is downloaded and transmitted to the vendor by the end of the day.  The information and reports are then sent to the appropriate probation department.  Active GPS, which closely approximates real time, involves constantly transmitting information to a probation department and to the GPS vendor via cellular towers.

In 2005, five states enacted mandatory electronic or GPS monitoring laws for certain offenders.  In Arizona, the Arizona Department of Corrections (ADC) has discretion to use passive GPS monitoring for: 1) persons on house arrest for crimes committed before January 1, 1994; 2) sanctions against persons who violate terms of community supervision; or 3) stalkers who are deemed likely to go after a previous stalking victim.  Additionally, statute requires judicial officers, before a trial, to impose electronic monitoring on a person who is charged with a felony sexual offense or felony sexual exploitation of children and who is released on the person’s own recognizance or on bail (A.R.S. § 13-3967).  As of November 1, 2006, after a person is convicted of a Dangerous Crime Against Children (DCAC) and, if a term of probation is imposed, the court must require the person be monitored by GPS for the duration of the term of probation. 

Current statute requires persons convicted of any of 19 different offenses to register as sex offenders.  The court also may require a person who committed any other offense with a sexual motivation, meaning that the person committed the crime for the purpose of the person’s sexual gratification, to register.  Pursuant to A.R.S. § 13-3825, the local law enforcement agency is required to evaluate registered sex offenders who have been released on probation and place each offender into a community notification level.  The Department of Public Safety categorizes the highest risk level as level three.

Laws 2006, Chapter 368, appropriated $750,000 to the Supreme Court in FY 2006-2007 for the purposes of electronic GPS monitoring of sex offenders.  There may be costs associated with the implementation of additional GPS monitoring.

Provisions

1. Requires the court to implement GPS monitoring of a person convicted of a DCAC and who is registered as a level three sex offender and a term of probation is imposed.

2. Specifies that monitoring is for the duration of the term of probation.

3. Exempts from GPS monitoring a person who has been convicted of DCAC and is registered as a level three sex offender, and a term of probation has been imposed, but who is confined in a correctional facility, detention facility or residential treatment center.

4. Becomes effective on the general effective date.

Amendments Adopted by Committee of the Whole

· Narrows mandatory GPS monitoring to level three sex offenders.

Senate Action

JUD                 2/5/07     DP     6-0-1

3rd Read         2/21/07             30-0-0

Prepared by Senate Research

February 23, 2007

CEW/HO/ac