Senate Bill sb0120e1

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    SB 120                                         First Engrossed



  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; prohibiting the Parole Commission

  8         and the Department of Corrections from

  9         approving a residence for a releasee which is

10         located within a specified distance of certain

11         places where children congregate; requiring the

12         Department of Corrections to notify each school

13         district within a specified time period of the

14         location of the residence of a sexual offender

15         who is subject to conditional release

16         supervision; prohibiting district school boards

17         from establishing school bus stops within 1,000

18         feet of the residence of persons prohibited

19         from living within 1,000 feet of a school bus

20         stop; providing that failure of the district to

21         comply with such provision is not a violation

22         by the resident; creating s. 794.065, F.S.;

23         prohibiting persons convicted of certain sex

24         crimes from residing within 1,000 feet of a

25         school, day care center, park, or playground;

26         providing an effective date.

27  

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

29  

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

31  947.1405, Florida Statutes, is amended to read:


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    SB 120                                         First Engrossed



 1         947.1405  Conditional release program.--

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

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

 4  previously convicted of a crime committed on or after October

 5  1, 1995, in violation of chapter 794, s. 800.04, s. 827.071,

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

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

 8  imposed, the following special conditions imposed by the

 9  commission:

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

11  commission may designate another 8-hour period if the

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

13  such alternative is recommended by the Department of

14  Corrections. If the commission determines that imposing a

15  curfew would endanger the victim, the commission may consider

16  alternative sanctions.

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

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

19  center, park, playground, designated public school bus stop,

20  or other place where children regularly congregate. A releasee

21  who is subject to this subparagraph may not relocate to a

22  residence that is within 1,000 feet of a public school bus

23  stop. Beginning October 1, 2004, the commission or the

24  department may not approve a residence that is located within

25  1,000 feet of a school, day care center, park, playground,

26  designated school bus stop, or other place where children

27  regularly congregate for any releasee who is subject to this

28  subparagraph. On October 1, 2004, the department shall notify

29  each affected school district of the location of the residence

30  of a releasee 30 days prior to release and thereafter, if the

31  releasee relocates to a new residence, shall notify any


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    SB 120                                         First Engrossed



 1  affected school district of the residence of the releasee

 2  within 30 days after relocation. If, on October 1, 2004, any

 3  public school bus stop is located within 1,000 feet of the

 4  existing residence of such releasee, the district school board

 5  shall relocate that school bus stop. Beginning October 1,

 6  2004, a district school board may not establish or relocate a

 7  public school bus stop within 1,000 feet of the residence of a

 8  releasee who is subject to this subparagraph. The failure of

 9  the district school board to comply with this subparagraph

10  shall not result in a violation of conditional release

11  supervision.

12         3.  Active participation in and successful completion

13  of a sex offender treatment program with therapists

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

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

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

17  offender shall participate in other appropriate therapy.

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

19  directly or indirectly, including through a third person,

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

21  the sentencing court.

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

23  prohibition against direct contact or association with

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

25  conditions are met:

26         a.  Successful completion of a sex offender treatment

27  program.

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

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

30  crime.

31  


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    SB 120                                         First Engrossed



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

 2  association with the child.

 3         d.  Such adult person has been approved by the

 4  commission.

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

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

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

 8  regularly congregate, as prescribed by the commission.

 9         7.  Unless otherwise indicated in the treatment plan

10  provided by the sexual offender treatment program, a

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

12  pornographic, or sexually stimulating visual or auditory

13  material, including telephone, electronic media, computer

14  programs, or computer services that are relevant to the

15  offender's deviant behavior pattern.

16         8.  A requirement that the releasee must submit two

17  specimens of blood to the Florida Department of Law

18  Enforcement to be registered with the DNA database.

19         9.  A requirement that the releasee make restitution to

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

21  commission, for all necessary medical and related professional

22  services relating to physical, psychiatric, and psychological

23  care.

24         10.  Submission to a warrantless search by the

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

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

27         Section 2.  Section 794.065, Florida Statutes, is

28  created to read:

29         794.065  Unlawful place of residence for persons

30  convicted of certain sex offenses.--

31  


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    SB 120                                         First Engrossed



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

 2  convicted of a violation of s. 794.011, s. 800.04, s. 827.071,

 3  or s. 847.0145, regardless of whether adjudication has been

 4  withheld, in which the victim of the offense was less than 16

 5  years of age, to reside within 1,000 feet of any school, day

 6  care center, park, or playground.  A person who violates this

 7  section and whose conviction under s. 794.011, s. 800.04, s.

 8  827.071, or s. 847.0145 was classified as a felony of the

 9  first degree or higher commits a felony of the third degree,

10  punishable as provided in s. 775.082 or s. 775.083.  A person

11  who violates this section and whose conviction under s.

12  794.011, s. 800.04, s. 827.071, or s. 847.0145 was classified

13  as a felony of the second or third degree commits a

14  misdemeanor of the first degree, punishable as provided in s.

15  775.082 or s. 775.083.

16         (2)  This section applies to any person convicted of a

17  violation of s. 794.011, s. 800.04, s. 827.071, or s. 847.0145

18  for offenses that occur on or after October 1, 2004.

19         Section 3.  This act shall take effect October 1, 2004.

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