§ 12-12-923 - Electronic monitoring of sex offenders.
12-12-923. Electronic monitoring of sex offenders.
(a) (1) Upon release from incarceration, a sex offender determined to be a sexually violent predator whose crime was committed after April 7, 2006, is subject to electronic monitoring for a period of not less than ten (10) years from the date of the sex offender's release.
(2) Within three (3) days after release from incarceration, a sex offender subject to electronic monitoring under subdivision (a)(1) of this section shall:
(A) Report to the agency responsible under 12-12-915 for supervising the sex offender; and
(B) Submit to the placement of electronic monitoring equipment upon his or her body.
(b) The agency responsible under 12-12-915 for supervising the sex offender subject to electronic monitoring shall:
(1) Use a system that actively monitors and identifies the sex offender's location and timely reports or records his or her presence near or within a crime scene or in a prohibited area or his or her departure from specified geographic limitations; and
(2) Contact the local law enforcement agency having jurisdiction as soon as administratively feasible if the sex offender is in a prohibited area.
(c) (1) (A) Unless a sex offender subject to electronic monitoring is indigent, he or she is required to reimburse the supervising agency a reasonable fee to defray the supervision costs.
(B) (i) (a) A sex offender who claims to be indigent shall provide a completed certificate of indigency to the supervising agency.
(b) The supervising agency may at any time review and redetermine whether a sex offender is indigent.
(ii) The certificate of indigency shall:
(a) Be in a form approved by the supervising agency;
(b) Be executed under oath by the sex offender; and
(c) State in bold print that a false statement is punishable as a Class D felony.
(2) (A) The supervising agency shall determine the amount to be paid by a sex offender based on his or her financial means and ability to pay.
(B) However, the amount under subdivision (c)(2)(A) of this section shall not exceed fifteen dollars ($15.00) per day.
(d) A sex offender subject to electronic monitoring who violates subdivision (a)(2) of this section upon conviction is guilty of a Class C felony.
(e) (1) A person who knowingly alters, tampers with, damages, or destroys any electronic monitoring equipment worn by a sexually violent predator pursuant to this section upon conviction is guilty of a Class C felony.
(2) Subdivision (e)(1) of this section does not apply to the owner of the electronic monitoring equipment or an agent of the owner performing ordinary maintenance or repairs to the electronic monitoring equipment.