CONTACT INFORMATION Present law requires a magistrate to provide to an alleged victim who participates in a global positioning monitoring system the name and telephone number of an appropriate person employed by a local law enforcement agency whom the victim may call to request immediate assistance if the defendant violates a condition of bond to wear a global positioning monitoring system device and pay related costs ("condition of bond"). This bill revises this provision to, instead, require the arresting officer to provide the name and telephone number of the appropriate emergency communications dispatch center and the arresting agency, whom the victim may so call, to an alleged victim. MAGISTRATE DUTIES Present law requires a magistrate to order the entity that operates the global positioning monitoring system to notify the designated law enforcement employee and the appropriate emergency communications dispatch center if a defendant violates a condition of bond. This bill revises this provision to, instead, require the magistrate to (i) provide such entity with contact information for the appropriate emergency communications dispatch center and the arresting agency, and (ii) order the entity to notify the appropriate entities pursuant to a written protocol. COUNTY OR MUNICIPALITY DUTIES Present law requires the global positioning monitoring of a defendant to be provided by the county or municipality in which the court ordering the monitoring is located and to not be provided by the board of parole. This bill removes this provision. Present law requires each such county or municipality to enter into a written agreement with a qualified contract service provider. This bill requires such a county or municipality to enter into such agreement with one or more such providers. QUALIFIED CONTRACT SERVICE PROVIDER Present law provides that a qualified contract service provider and the manufacturer of the global positioning monitoring system device are not civilly or criminally liable for injuries or damages resulting from actions of the defendant when the actions of those entities and the entities' employees are in accordance with law and done in good faith and without gross negligence or malice. This bill adds that a qualified contract service provider has no duty to notify the victim if a defendant violates a condition of bond. A magistrate, court, or law enforcement officer or agency must not transfer or assign, by contract or otherwise, a duty assigned to the magistrate, court, or law enforcement officer or agency to a qualified contract service provider or manufacturer or provider of the global positioning monitoring system. Under present law, a "qualified contract service provider" means a private or public entity that (i) meets the qualifications of a contract service provider under present law, (ii) has a written agreement with the issuing court that designates specific persons to receive notifications and alerts, and (iii) maintains a monitoring center that is staffed 24 hours a day, seven days a week and capable of immediately notifying the law enforcement employee designee and the appropriate emergency communications dispatch center of violations by call, text message, or electronic mail as required by law. This bill revises (iii) above to, instead, require the private or public entity to either maintain or contract with a company that provides a global positioning monitoring system that has a monitoring center that is staffed 24 hours a day, seven days a week and capable of immediately notifying the appropriate entities pursuant to the written protocol required under this bill. FAILURE TO PAY If a defendant fails to pay the costs associated with operating the defendant's global positioning monitoring system device or the costs associated with providing the victim with a cellular device application or an electronic receptor device, then this bill requires the qualified contract service provider to notify the court in writing within five days of the arrearage. The court must immediately schedule a show cause hearing to be held within 10 days of the qualified contract service provider's notice to the court. At the show cause hearing, the court may do any of the following:  Revoke the defendant's bond and incarcerate the defendant.  Allow the defendant to immediately bring the payments current and continue the defendant's pretrial release.  Determine whether alternative funding sources are available to pay the costs associated with operating the defendant's global positioning monitoring system device and the costs associated with providing the victim with a cellular device application or an electronic receptor device and, if alternative funding sources are available, order the alternative funding sources to pay the arrearages and future costs associated with operating the defendant's global positioning monitoring system device and with providing the victim with a cellular device application or an electronic receptor device. However, unless a local government entity has established a fund for the purpose of paying the costs associated with a defendant's global positioning monitoring system device and the costs associated with providing a victim with a cellular device application or an electronic receptor device, "alternative funding sources" does not include the local sheriff's department or other local government entities. This bill adds that a qualified contract service provider is not required to continue to provide global positioning monitoring system services if the qualified contract service provider is not being compensated in accordance with the court's order for the costs associated with operating the defendant's global positioning monitoring system device or the costs associated with providing the victim with a cellular device application or an electronic receptor device.

Statutes affected:
Introduced: 40-11-152