Senate Bill sb0488er

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


    ENROLLED

    2003 Legislature                                        SB 488



  1                                 

  2         An act relating to probation or community

  3         control; amending s. 948.03, F.S.; providing

  4         requirements for measuring the distance from an

  5         offender's place of residence to a school, day

  6         care center, park, playground, or other place

  7         where children congregate for purposes of

  8         complying with a court-imposed condition

  9         prohibiting the offender from living within a

10         specified distance from those facilities;

11         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 (5) of section

16  948.03, Florida Statutes, is amended to read:

17         948.03  Terms and conditions of probation or community

18  control.--

19         (5)  Conditions imposed pursuant to this subsection, as

20  specified in paragraphs (a) and (b), do not require oral

21  pronouncement at the time of sentencing and shall be

22  considered standard conditions of probation or community

23  control for offenders specified in this subsection.

24         (a)  Effective for probationers or community

25  controllees whose crime was committed on or after October 1,

26  1995, and who are placed under supervision for violation of

27  chapter 794, s. 800.04, s. 827.071, or s. 847.0145, the court

28  must impose the following conditions in addition to all other

29  standard and special conditions imposed:

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

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


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




    ENROLLED

    2003 Legislature                                        SB 488



 1  employment precludes the above specified time, and such

 2  alternative is recommended by the Department of Corrections.

 3  If the court determines that imposing a curfew would endanger

 4  the victim, the court may consider alternative sanctions.

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

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

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

 8  regularly congregate, as prescribed by the court. The

 9  1,000-foot distance shall be measured in a straight line from

10  the offender's place of residence to the nearest boundary line

11  of the school, day care center, park, playground, or other

12  place where children congregate. The distance may not be

13  measured by a pedestrian route or automobile route.

14         3.  Active participation in and successful completion

15  of a sex offender treatment program with therapists

16  specifically trained to treat sex offenders, at the

17  probationer's or community controllee's own expense. If a

18  specially trained therapist is not available within a 50-mile

19  radius of the probationer's or community controllee's

20  residence, the offender shall participate in other appropriate

21  therapy.

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

23  directly or indirectly, including through a third person,

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

25  the sentencing court.

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

27  prohibition, until successful completion of a sex offender

28  treatment program, on unsupervised contact with a child under

29  the age of 18, unless authorized by the sentencing court

30  without another adult present who is responsible for the

31  


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




    ENROLLED

    2003 Legislature                                        SB 488



 1  child's welfare, has been advised of the crime, and is

 2  approved by the sentencing court.

 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.

 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 probationer or community

15  controllee must submit two specimens of blood to the Florida

16  Department of Law Enforcement to be registered with the DNA

17  data bank.

18         9.  A requirement that the probationer or community

19  controllee make restitution to the victim, as ordered by the

20  court under s. 775.089, for all necessary medical and related

21  professional services relating to physical, psychiatric, and

22  psychological care.

23         10.  Submission to a warrantless search by the

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

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

26         Section 2.  This act shall take effect upon becoming a

27  law.

28  

29  

30  

31  


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