Senate Bill sb0174c1

    Florida Senate - 2002                            CS for SB 174

    By the Committee on Criminal Justice; and Senator Smith





    307-2083-02

  1                      A bill to be entitled

  2         An act relating to sexual offenders; amending

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

  4         offenders subject to conditional release

  5         supervision from living within a specified

  6         distance of certain places where children

  7         congregate; creating s. 794.065, F.S.;

  8         prohibiting persons convicted of certain sex

  9         crimes from residing within a specified

10         distance of a school, day care center, park, or

11         playground; providing an effective date.

12

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

14

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

16  947.1405, Florida Statutes, is amended to read:

17         947.1405  Conditional release program.--

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

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

20  previously convicted of a crime committed on or after October

21  1, 1995, in violation of chapter 794, s. 800.04, s. 827.071,

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

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

24  imposed, the following special conditions imposed by the

25  commission:

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

27  commission may designate another 8-hour period if the

28  offender's employment precludes the above specified time, and

29  such alternative is recommended by the Department of

30  Corrections. If the commission determines that imposing a

31

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    Florida Senate - 2002                            CS for SB 174
    307-2083-02




  1  curfew would endanger the victim, the commission may consider

  2  alternative sanctions.

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

  4  prohibition on living within 1,000 feet of a school, day care

  5  center, park, playground, school bus stop, or other place

  6  where children regularly congregate. Any state-funded facility

  7  or program that provides housing for a person who is in

  8  violation of this subparagraph shall lose its state funding

  9  for the remainder of the fiscal year.

10         3.  Active participation in and successful completion

11  of a sex offender treatment program with therapists

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

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

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

15  offender shall participate in other appropriate therapy.

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

17  directly or indirectly, including through a third person,

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

19  the sentencing court.

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

21  prohibition against direct contact or association with

22  children under the age of 18 until all of the following

23  conditions are met:

24         a.  Successful completion of a sex offender treatment

25  program.

26         b.  The adult person who is legally responsible for the

27  welfare of the child has been advised of the nature of the

28  crime.

29         c.  Such adult person is present during all contact or

30  association with the child.

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    Florida Senate - 2002                            CS for SB 174
    307-2083-02




  1         d.  Such adult person has been approved by the

  2  commission.

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

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

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

  6  regularly congregate, as prescribed by the commission.

  7         7.  Unless otherwise indicated in the treatment plan

  8  provided by the sexual offender treatment program, a

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

10  pornographic, or sexually stimulating visual or auditory

11  material, including telephone, electronic media, computer

12  programs, or computer services that are relevant to the

13  offender's deviant behavior pattern.

14         8.  A requirement that the releasee must submit two

15  specimens of blood to the Florida Department of Law

16  Enforcement to be registered with the DNA database.

17         9.  A requirement that the releasee make restitution to

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

19  commission, for all necessary medical and related professional

20  services relating to physical, psychiatric, and psychological

21  care.

22         10.  Submission to a warrantless search by the

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

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

25         Section 2.  Section 794.065, Florida Statutes, is

26  created to read:

27         794.065  Unlawful place of residence for persons

28  convicted of certain sex offenses.--

29         (1)  It is unlawful for any person who has been

30  convicted of a violation of s. 794.011, s. 794.05, s. 800.04,

31  s. 827.071, or s. 847.0145, regardless of whether adjudication

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    Florida Senate - 2002                            CS for SB 174
    307-2083-02




  1  has been withheld, in which the victim of the offense was less

  2  than 16 years of age, to reside within 1,000 feet of any

  3  school, day care center, park, or playground.  A person who

  4  violates this section and whose conviction for s. 794.011, s.

  5  794.05, s. 800.04, s. 827.071, or s. 847.0145 was classified

  6  as a felony of the first degree or higher commits a felony of

  7  the third degree, punishable as provided in s. 775.082 or s.

  8  775.083.  A person who violates this section and whose

  9  conviction for s. 794.011, s. 794.05, s. 800.04, s. 827.071,

10  or s. 847.0145 was classified as a felony of the second or

11  third degree commits a misdemeanor of the first degree,

12  punishable as provided in s. 775.082 or s. 775.083.

13         (2)  This section shall apply to any person convicted

14  of a violation of s. 794.011, s. 794.05, s. 800.04, s.

15  827.071, or s. 847.0145 for offenses that occur on or after

16  October 1, 2002.

17         (3)  Any state-funded facility or program that provides

18  housing for a person who is in violation of this section shall

19  lose its state funding for the remainder of the fiscal year.

20         Section 3.  This act shall take effect upon becoming a

21  law.

22

23          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
24                         Senate Bill 174

25

26  -     Creates s. 794.065, F.S., prohibiting persons convicted
          for committing certain sex offenses after October 1,
27        2002, from living within 1000 feet of a school, day care
          center, park, or playground if their victim was under 16
28        years old. Violation of the prohibition would be a third
          degree misdemeanor or a third degree felony, depending
29        upon the classification of the qualifying offense.

30  -     Provides that a state funded facility or program lose
          its funding for the remainder of the fiscal year if it
31        provides housing for a person who is in violation of s.
          947.1405(7)(a)2., F.S., or s. 794.065, F.S.
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