1 | The Committee on Public Safety & Crime Prevention recommends the |
2 | following: |
3 |
|
4 | Committee Substitute |
5 | Remove the entire bill and insert: |
6 | A bill to be entitled |
7 | An act relating to the electronic monitoring of |
8 | probationers and community controllees; amending s. |
9 | 948.03, F.S.; requiring the court to order the electronic |
10 | monitoring of certain sex offenders whose crime is |
11 | committed on or after a specified date; amending s. |
12 | 948.11, F.S.; requiring the Department of Corrections to |
13 | use an electronic monitoring system that reports the |
14 | location of a monitored offender and correlates that |
15 | information with other crime data; providing requirements |
16 | for the capacity of the monitoring system; requiring a |
17 | statewide steering committee to oversee and evaluate the |
18 | system; providing an appropriation; reenacting ss. |
19 | 948.001(5) and 958.03(4), F.S.; relating to the definition |
20 | of probation, for the purpose of incorporating the |
21 | amendment to s. 948.03, F.S., in references thereto; |
22 | providing an effective date. |
23 |
|
24 | Be It Enacted by the Legislature of the State of Florida: |
25 |
|
26 | Section 1. Subsection (5) of section 948.03, Florida |
27 | Statutes, is amended to read: |
28 | 948.03 Terms and conditions of probation or community |
29 | control.-- |
30 | (5) Conditions imposed pursuant to this subsection, as |
31 | specified in paragraphs (a), and (b), and (c), do not require |
32 | oral pronouncement at the time of sentencing and shall be |
33 | considered standard conditions of probation or community control |
34 | for offenders specified in this subsection. |
35 | (a) Effective for probationers or community controllees |
36 | whose crime was committed on or after October 1, 1995, and who |
37 | are placed under supervision for violation of chapter 794, s. |
38 | 800.04, s. 827.071, or s. 847.0145, the court must impose the |
39 | following conditions in addition to all other standard and |
40 | special conditions imposed: |
41 | 1. A mandatory curfew from 10 p.m. to 6 a.m. The court may |
42 | designate another 8-hour period if the offender's employment |
43 | precludes the above specified time, and such alternative is |
44 | recommended by the Department of Corrections. If the court |
45 | determines that imposing a curfew would endanger the victim, the |
46 | court may consider alternative sanctions. |
47 | 2. If the victim was under the age of 18, a prohibition on |
48 | living within 1,000 feet of a school, day care center, park, |
49 | playground, or other place where children regularly congregate, |
50 | as prescribed by the court. The 1,000-foot distance shall be |
51 | measured in a straight line from the offender's place of |
52 | residence to the nearest boundary line of the school, day care |
53 | center, park, playground, or other place where children |
54 | congregate. The distance may not be measured by a pedestrian |
55 | route or automobile route. |
56 | 3. Active participation in and successful completion of a |
57 | sex offender treatment program with therapists specifically |
58 | trained to treat sex offenders, at the probationer's or |
59 | community controllee's own expense. If a specially trained |
60 | therapist is not available within a 50-mile radius of the |
61 | probationer's or community controllee's residence, the offender |
62 | shall participate in other appropriate therapy. |
63 | 4. A prohibition on any contact with the victim, directly |
64 | or indirectly, including through a third person, unless approved |
65 | by the victim, the offender's therapist, and the sentencing |
66 | court. |
67 | 5. If the victim was under the age of 18, a prohibition, |
68 | until successful completion of a sex offender treatment program, |
69 | on unsupervised contact with a child under the age of 18, unless |
70 | authorized by the sentencing court without another adult present |
71 | who is responsible for the child's welfare, has been advised of |
72 | the crime, and is approved by the sentencing court. |
73 | 6. If the victim was under age 18, a prohibition on |
74 | working for pay or as a volunteer at any school, day care |
75 | center, park, playground, or other place where children |
76 | regularly congregate. |
77 | 7. Unless otherwise indicated in the treatment plan |
78 | provided by the sexual offender treatment program, a prohibition |
79 | on viewing, owning, or possessing any obscene, pornographic, or |
80 | sexually stimulating visual or auditory material, including |
81 | telephone, electronic media, computer programs, or computer |
82 | services that are relevant to the offender's deviant behavior |
83 | pattern. |
84 | 8. A requirement that the probationer or community |
85 | controllee must submit two specimens of blood or other approved |
86 | biological specimens to the Florida Department of Law |
87 | Enforcement to be registered with the DNA data bank. |
88 | 9. A requirement that the probationer or community |
89 | controllee make restitution to the victim, as ordered by the |
90 | court under s. 775.089, for all necessary medical and related |
91 | professional services relating to physical, psychiatric, and |
92 | psychological care. |
93 | 10. Submission to a warrantless search by the community |
94 | control or probation officer of the probationer's or community |
95 | controllee's person, residence, or vehicle. |
96 | (b) Effective for a probationer or community controllee |
97 | whose crime was committed on or after October 1, 1997, and who |
98 | is placed on sex offender probation for a violation of chapter |
99 | 794, s. 800.04, s. 827.071, or s. 847.0145, in addition to any |
100 | other provision of this subsection, the court must impose the |
101 | following conditions of probation or community control: |
102 | 1. As part of a treatment program, participation at least |
103 | annually in polygraph examinations to obtain information |
104 | necessary for risk management and treatment and to reduce the |
105 | sex offender's denial mechanisms. A polygraph examination must |
106 | be conducted by a polygrapher trained specifically in the use of |
107 | the polygraph for the monitoring of sex offenders, where |
108 | available, and shall be paid by the sex offender. The results of |
109 | the polygraph examination shall not be used as evidence in court |
110 | to prove that a violation of community supervision has occurred. |
111 | 2. Maintenance of a driving log and a prohibition against |
112 | driving a motor vehicle alone without the prior approval of the |
113 | supervising officer. |
114 | 3. A prohibition against obtaining or using a post office |
115 | box without the prior approval of the supervising officer. |
116 | 4. If there was sexual contact, a submission to, at the |
117 | probationer's or community controllee's expense, an HIV test |
118 | with the results to be released to the victim or and/or the |
119 | victim's parent or guardian. |
120 | 5. Electronic monitoring when deemed necessary by the |
121 | community control or probation officer and his or her |
122 | supervisor, and ordered by the court at the recommendation of |
123 | the Department of Corrections. |
124 | (c) Effective for a probationer or community controllee |
125 | whose crime was committed on or after July 1, 2004, and who is |
126 | placed under supervision for a violation of chapter 794, s. |
127 | 800.04, s. 827.071, or s. 847.0145, the court must order |
128 | electronic monitoring in addition to all other standard and |
129 | special conditions imposed. |
130 | Section 2. Section 948.11, Florida Statutes, is amended to |
131 | read: |
132 | 948.11 Electronic monitoring devices.-- |
133 | (1) Pursuant to chapter 287, the department shall issue a |
134 | request for proposal for electronic monitoring devices to be |
135 | used utilized by the department for purposes of electronic |
136 | monitoring under this section or any other section of law which |
137 | authorizes electronic monitoring. Electronic monitoring devices |
138 | certified for use by the department must be licensed by the FCC, |
139 | must be capable of maintaining full operation on a backup power |
140 | source for 8 hours, and must meet such other necessary and vital |
141 | specifications as may be set by the department for tamper-alert, |
142 | efficient, and economical usage. The provisions of this section |
143 | do not apply to passive devices. |
144 | (2) The department shall use a system of electronic |
145 | monitoring that identifies the location of a monitored offender |
146 | and timely reports the offender's presence near a crime scene, |
147 | entrance into a prohibited area, or departure from specified |
148 | geographical limitations. |
149 | (a) The system shall be designed and executed in such a |
150 | manner so that it contains all data concerning criminal |
151 | incidents available throughout the state, including detailed |
152 | geographical inclusion and exclusion zones if a monitored person |
153 | is lawfully prohibited from leaving or entering certain |
154 | locations. |
155 | (b) The system shall be designed to provide either real |
156 | time or delayed reporting of the monitored person's location and |
157 | any correlation with the location of a crime or with the |
158 | person's exit from an inclusion zone or entry into a prohibited |
159 | zone. This shall include, but need not be limited to: |
160 | 1. Timely alerts and reports to the Department of |
161 | Corrections when a supervised offender enters or leaves an |
162 | inclusion or exclusion zone. |
163 | 2. Timely alerts and reports to appropriate local law |
164 | enforcement officials when any supervised offender is identified |
165 | as being at or near a crime scene. |
166 |
|
167 | The supervising agency shall determine whether reporting of |
168 | location and correlation with crime data shall be real time or |
169 | delayed, and the length of delay, depending upon the seriousness |
170 | of the monitored person's offense or offenses. |
171 | (c) The system shall monitor a minimum of 1,000 offenders |
172 | on state community control supervision or state probation. The |
173 | following offenders shall be given priority for monitoring and |
174 | crime-correlation reporting under the system: |
175 | 1. All probationers and community controllees who have |
176 | been court ordered to submit to electronic monitoring pursuant |
177 | to s. 948.03(5)(b) or s. 948.03(5)(c). If more than 1,000 |
178 | offenders are subject to this requirement, the Department of |
179 | Corrections shall determine which offenders to monitor based |
180 | upon risk-assessment criteria. |
181 | 2. If fewer than 1,000 probationers and community |
182 | controllees are court ordered to submit to electronic monitoring |
183 | pursuant to s. 948.03(5)(b) or s. 948.03(5)(c), the remainder of |
184 | the 1,000 tracked offenders shall be offenders under the |
185 | jurisdiction of the Department of Corrections who have been |
186 | previously convicted of sexual offenses or violent crimes and |
187 | who are court ordered to submit to electronic monitoring. For |
188 | the purposes of this subparagraph, the term "conviction" means a |
189 | determination of guilt that is the result of a plea or a trial, |
190 | regardless of whether adjudication is withheld or whether a plea |
191 | of nolo contendere is entered. The Department of Corrections |
192 | shall determine which offenders to monitor based upon risk- |
193 | assessment criteria. |
194 | (d) A statewide steering committee, comprised of |
195 | representatives of the Office of the Attorney General, the |
196 | Department of Law Enforcement, the Department of Corrections, |
197 | the Parole Commission, sheriffs' offices, police departments, |
198 | and other criminal justice officials, as deemed appropriate, |
199 | shall oversee and guide the monitoring system and provide for |
200 | project evaluation. |
201 | Section 3. The sum of $7.8 million is appropriated from |
202 | the General Revenue Fund to the Department of Corrections for |
203 | the purpose of contracting for an integrated statewide offender |
204 | tracking and crime-reporting system, which shall be fully |
205 | operational by December 1, 2004. |
206 | Section 4. For the purpose of incorporating the amendment |
207 | to section 948.03, Florida Statutes, in a reference thereto, |
208 | subsection (5) of section 948.001, Florida Statutes, is |
209 | reenacted to read: |
210 | 948.001 Definitions.--As used in this chapter, the term: |
211 | (5) "Probation" means a form of community supervision |
212 | requiring specified contacts with parole and probation officers |
213 | and other terms and conditions as provided in s. 948.03. |
214 | Section 5. For the purpose of incorporating the amendment |
215 | to section 948.03, Florida Statutes, in a reference thereto, |
216 | subsection (4) of section 958.03, Florida Statutes, is reenacted |
217 | to read: |
218 | 958.03 Definitions.--As used in this act: |
219 | (4) "Probation" means a form of community supervision |
220 | requiring specified contacts with parole and probation officers |
221 | and other terms and conditions as provided in s. 948.03. |
222 | Section 6. This act shall take effect upon becoming a law. |