House Bill hb1485

    Florida House of Representatives - 2001                HB 1485

        By Representative Kravitz






  1                      A bill to be entitled

  2         An act relating to sexual offenders; amending

  3         s. 947.1405, F.S.; prohibiting sexual offenders

  4         subject to conditional release supervision from

  5         living within a specified distance of certain

  6         places where children congregate; providing an

  7         effective date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Paragraph (a) of subsection (7) of section

12  947.1405, Florida Statutes, is amended to read:

13         947.1405  Conditional release program.--

14         (7)(a)  Any inmate who is convicted of a crime

15  committed on or after October 1, 1995, or who has been

16  previously convicted of a crime committed on or after October

17  1, 1995, in violation of chapter 794, s. 800.04, s. 827.071,

18  or s. 847.0145, and is subject to conditional release

19  supervision, shall have, in addition to any other conditions

20  imposed, the following special conditions imposed by the

21  commission:

22         1.  A mandatory curfew from 10 p.m. to 6 a.m. The court

23  may designate another 8-hour period if the offender's

24  employment precludes the above specified time, and such

25  alternative is recommended by the Department of Corrections.

26  If the court determines that imposing a curfew would endanger

27  the victim, the court may consider alternative sanctions.

28         2.  If the victim was under the age of 18, a

29  prohibition on living within 1 mile 1,000 feet of a school,

30  day care center, park, playground, school bus stop, or other

31  place where children regularly congregate.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1485

    777-103-01






  1         3.  Active participation in and successful completion

  2  of a sex offender treatment program with therapists

  3  specifically trained to treat sex offenders, at the releasee's

  4  own expense. If a specially trained therapist is not available

  5  within a 50-mile radius of the releasee's residence, the

  6  offender shall participate in other appropriate therapy.

  7         4.  A prohibition on any contact with the victim,

  8  directly or indirectly, including through a third person,

  9  unless approved by the victim, the offender's therapist, and

10  the sentencing court.

11         5.  If the victim was under the age of 18, a

12  prohibition, until successful completion of a sex offender

13  treatment program, on unsupervised contact with a child under

14  the age of 18, unless authorized by the commission without

15  another adult present who is responsible for the child's

16  welfare, has been advised of the crime, and is approved by the

17  commission.

18         6.  If the victim was under age 18, a prohibition on

19  working for pay or as a volunteer at any school, day care

20  center, park, playground, or other place where children

21  regularly congregate, as prescribed by the commission.

22         7.  Unless otherwise indicated in the treatment plan

23  provided by the sexual offender treatment program, a

24  prohibition on viewing, owning, or possessing any obscene,

25  pornographic, or sexually stimulating visual or auditory

26  material, including telephone, electronic media, computer

27  programs, or computer services that are relevant to the

28  offender's deviant behavior pattern.

29         8.  A requirement that the releasee must submit two

30  specimens of blood to the Florida Department of Law

31  Enforcement to be registered with the DNA database.

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    Florida House of Representatives - 2001                HB 1485

    777-103-01






  1         9.  A requirement that the releasee make restitution to

  2  the victim, as determined by the sentencing court or the

  3  commission, for all necessary medical and related professional

  4  services relating to physical, psychiatric, and psychological

  5  care.

  6         10.  Submission to a warrantless search by the

  7  community control or probation officer of the probationer's or

  8  community controllee's person, residence, or vehicle.

  9         Section 2.  This act shall take effect July 1, 2001.

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12                          HOUSE SUMMARY

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      Prohibits sexual offenders subject to conditional release
14    supervision from living within a specified distance of
      certain places where children congregate.
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CODING: Words stricken are deletions; words underlined are additions.