20.7.402    SATELLITE-BASED MONITORING PROGRAM

(1) The department shall establish and administer a program for the continuous satellite-based monitoring of sexual and other offenders.

(2) All offenders supervised by the department are eligible to participate in the satellite-based monitoring program, including offenders ordered by the court and the board to participate in the program.

(3) An offender convicted under 45-5-503(4), 45-5-507(5), 45-5-601(3), 45-5-602(3), or 45-5-603(2)(c), MCA and released from imprisonment must participate in the program.

(4) An offender designated a level 3 sex offender who is on probation, parole, or conditional release must participate in the program.

(5) The department may establish procedures for the day-to-day operation of the program, which will include, at a minimum, the following:

(a) a time-correlated passive system of tracking of the offender's geographic location at least every five minutes using a global positioning system based on satellite and other location-tracking technology;

(b) reporting once a day of the offender's locations the previous day; and

(c) immediate notification of a zone violation.

(6) The satellite-based monitoring program shall share offender location data with local and state law enforcement officials upon request.

(7) An offender in the satellite-based monitoring program shall pay a monthly fee to the department for his/her participation in the program. The fee the department assesses shall include the actual monthly cost of equipment and services needed to operate the program and a fee to supervise the offender on the program. The total amount of the fee may not exceed $4,000.00 per year.

(8) The department shall contract with a single vendor for the equipment and services needed to monitor offenders in the program. The contract also may provide for the collection and disposition of the monthly fees provided for in (7) including the reasonable cost of collection of the fee.

History: 46-23-1010, MCA; IMP, 45-5-503, 45-5-507, 45-5-601, 45-5-602, 45-5-603, 45-5-625, 46-18-206, 46-18-207, 46-23-1010, 46-23-1031, MCA; NEW, 2011 MAR p. 236, Eff. 2/25/11.