House Bill hb0079

    Florida House of Representatives - 2002                  HB 79

        By Representative Kravitz






  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; providing an effective date.

  8  

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

10  

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

23  commission may designate another 8-hour period if the

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

25  such alternative is recommended by the Department of

26  Corrections. If the commission determines that imposing a

27  curfew would endanger the victim, the commission may consider

28  alternative sanctions.

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

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

31  

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    Florida House of Representatives - 2002                  HB 79

    777-103A-02






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

  2  where children regularly congregate.

  3         3.  Active participation in and successful completion

  4  of a sex offender treatment program with therapists

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

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

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

  8  offender shall participate in other appropriate therapy.

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

10  directly or indirectly, including through a third person,

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

12  the sentencing court.

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

14  prohibition against direct contact or association with

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

16  conditions are met:

17         a.  Successful completion of a sex offender treatment

18  program.

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

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

21  crime.

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

23  association with the child.

24         d.  Such adult person has been approved by the

25  commission.

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

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

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

29  regularly congregate, as prescribed by the commission.

30         7.  Unless otherwise indicated in the treatment plan

31  provided by the sexual offender treatment program, a

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    Florida House of Representatives - 2002                  HB 79

    777-103A-02






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

  2  pornographic, or sexually stimulating visual or auditory

  3  material, including telephone, electronic media, computer

  4  programs, or computer services that are relevant to the

  5  offender's deviant behavior pattern.

  6         8.  A requirement that the releasee must submit two

  7  specimens of blood to the Florida Department of Law

  8  Enforcement to be registered with the DNA database.

  9         9.  A requirement that the releasee make restitution to

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

11  commission, for all necessary medical and related professional

12  services relating to physical, psychiatric, and psychological

13  care.

14         10.  Submission to a warrantless search by the

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

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

17         Section 2.  This act shall take effect July 1, 2002.

18  

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20                          HOUSE SUMMARY

21  
      Prohibits certain sexual offenders subject to conditional
22    release 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.