42-1-13.1. Electronic location tracking of sexual offenders; petitioning for exemption.

1. (1)

   A sexual offender shall be fitted by the Department of Community Supervision with a device capable of tracking the location of the sexual offender by means including electronic surveillance or global positioning satellite systems while he or she is on probation or parole and awaiting risk assessment classification from the board and when:#

   1. (A)

      Such offender has previously been convicted of a felony sexual offense in violation of Chapter 6 of Title 16; or#

   2. (B)

      His or her assigned community supervision officer determines that a special need exists for an offender to be fitted with such device due to the immediate danger to society the offender poses based upon a substantial risk of perpetrating a future dangerous sexual offense.#

2. (2)

   Except when a petition for release has been granted pursuant to subsection (b) of this Code section or location tracking has been issued as a condition of probation or term of parole, a sexual offender shall be released from the location tracking requirements of this Code section upon the conclusion of his or her term of probation or parole.#

3. (3)

   The costs relating to the fitting of a location tracking device and any monitoring thereof shall be borne by the sexual offender.#

A sexual offender required to be fitted by the department with a device capable of tracking the location of such offender pursuant to this Code section may petition the superior court of the county where the offender resides for release from such location tracking requirements within 30 days of the fitting. The court shall hold a hearing on the petition for release if requested by the petitioner. The court may issue an order suspending a sexual offender from the location tracking requirements of this Code section if the court finds by a preponderance of the evidence that the offender does not pose an immediate danger to society due to substantial risk of perpetrating any future dangerous sexual offense. The court shall send a copy of any order suspending an individual from the location tracking requirements of this Code section to the Department of Community Supervision.#