Really that dangerous?

10-25-2007 Arizona:
Tiano Monteilh, 21, a resident on the 1800 block of East Second Avenue, pleaded guilty to charges that he had consensual sex with a 14-year-old girl and a 16-year-old girl when he was between the ages of 18 and 20.

Two of the charges, attempted sexual abuse with a minor, are considered dangerous crimes against a child.

Upon his release from jail, he was placed on probation for the rest of his life, and he has to register as a sex offender for the rest of his life.

On Oct. 15, in accordance with a 2006 law, he was the first person in Coconino County outfitted with an electronic device that allows his probation officer and surveillance officer to know exactly where he is 24 hours a day.

If he tries to take the device off, his probation officer will be contacted. If he gets too close to a school or a park where children frequent, his probation officer will be contacted. If he gets more than 100 feet from his tracking monitor, his probation officer will be contacted.

"Anyone who has been convicted since November 2006 for dangerous crimes against children gets one," said Rick Day, probation officer.

The purpose of the law, according to information from the office of Gov. Janet Napolitano, is to give law enforcement agencies more updated information on sex offenders to protect the public.

According to the law, "Beginning November 1, 2006, after conviction of a dangerous crime against children ... if a term of probation is imposed, the court shall require global position system monitoring for the duration of the term of probation."

Monteilh, because he's on probation for the rest of his life, must wear the device the rest of his life.

Day said the law also covers crimes that are not sexual in nature. For instance, if a child is in a home where meth is being manufactured and is physically injured, that is considered a dangerous crime against a child.

Kathy Soper is a surveillance officer. She is responsible for making spot checks on probationers' locations in the city.

She said that the device does not take the place of regular surveillance duties and the probationer's requirements, which include periodic visits to the probation department and a whole list of appointments and meetings.

Currently, Monteilh is on the highest level of supervision, which is, in essence, house arrest. He must have permission to leave his home for specific reasons -- like a job, or to get to a probation-required appointment.

"So far, the person's been out of custody and very compliant," Day added.

Within the next four years, two more probationers who will be living in Coconino County are scheduled to be fitted with the tracking device, Day said.

Soper said that in the probation field, staff believe that the new law was meant to focus primarily on dangerous sex offenders and other people who endanger children's lives. In some cases, Soper said without being specific to Monteilh's case, probation staff believe the statute is excessive.

Allen Gerhardt, Coconino County Public Defender, said that his office, which originally defended Monteilh, has been in contact with Monteilh's family to discuss options regarding the new law.

Gerhardt said the language of the law is vague as to when an offender qualifies to have the law applied. Additionally, he said that Monteilh's offenses were committed well before November 2006, which could mean the law does not apply to Monteilh.

For more information on sex offenders in the Flagstaff area, visit the Arizona Sex Offender Web site at az.gov/webapp/offender/main.do.

Larry Hendricks can be reached at 556-2262 or lhendricks@azdailysun.com.

The following are some of the crimes considered in Arizona to be dangerous crimes against children under the age of 15:

-- Sexual assault, sexual abuse, sexual exploitation of a minor.

-- Molestation of a child, continuous sexual abuse of a child.

-- Attempted first-degree murder.

-- Kidnapping.

-- Sex trafficking.

-- Child prostitution.

-- Child abuse.

-- Involving or using minors in drug offenses.

-- Manufacturing meth under circumstances that cause physical injury to a minor.

-- Source: Arizona Revised Statutes, 13-604.01

How the device works

The device, called an Active Miniature Tracking Device, is about twice the size of a pager that lodges into a base unit tied into a telephone line while the probationer is at home, according to information from the device's manufacturer, Pro Tech Monitoring, Inc. An ankle transmitter serves as an electronic tether to the device that allows the probationer to move about 100 feet from the device.

If the probationer leaves home, he has to take the device with him. The probationer's activity is monitored at a site in Yavapai County. The monitors contact the probationer's probation officer whenever a warning sounds.

The cost of the device is $1,200, with the base unit another $350 and the tether another $100. The devices are paid for by the Arizona Office of the Courts currently, said Rick Day, a probation officer for the county Adult Probation Department. The client must sign a statement making him responsible for all costs associated with fixing or replacing the unit.

The unit's signal is transmitted to the monitoring station, and that data is able to be monitored on a computer screen at the probation department. The device monitors times at locations, speeds the probationer travels, and when he gets too close to "hot spots" like schools or parks. The device knows how long it should take for the probationer to get past a hot spot, and if the probationer lingers, a warning will sound at the monitoring site, Day said.

-- Larry Hendricks, Assistant City Editor ..more..