HB 1283

1	A bill to be entitled
2	An act relating to the electronic monitoring; amending s.
3	648.387, F.S.; requiring vendors that provide electronic
4	monitoring services to register certain information with
5	the clerk of the court; authorizing bail bond agents to
6	contract with registered vendors to provide electronic
7	monitoring of pretrial releasees in certain circumstances;
8	authorizing bail bond agents to contract with government
9	entities to provide electronic monitoring services in
10	certain circumstances; authorizing such agents to collect
11	a fee for electronic monitoring services; providing that
12	failure to make timely payment of fees constitutes grounds
13	to remand; providing that such fees are exempt from
14	regulation by the Department of Financial Services;
15	providing specifications for electronic monitoring
16	equipment; creating s. 903.0472, F.S.; authorizing
17	pretrial release subject to electronic monitoring;
18	authorizing a fee for such services; providing that
19	failure to make timely payment of electronic monitoring
20	fees constitutes a violation of pretrial release
21	conditions; providing that a violation of pretrial release
22	conditions constitutes grounds to remand; requiring
23	reporting of violations of pretrial release conditions;
24	providing that it is a third degree felony for certain
25	persons to alter, tamper with, damage, or destroy
26	electronic monitoring equipment; providing criminal
27	penalties; creating s. 903.0473, F.S.; providing for
28	probation appearance bonds; specifying the terms and
29	conditions for filing, estreating, and forfeiting such
30	bonds; amending s. 948.03, F.S.; revising the reporting
31	requirements applicable to probationers and community
32	controllees; authorizing the Department of Corrections to
33	require electronic monitoring as part of such report;
34	authorizing the imposition of a fee for such monitoring;
35	requiring the court to order the electronic monitoring of
36	certain sex offenders whose crime is committed on or after
37	a specified date; amending s. 948.09, F.S.; authorizing
38	the Department of Corrections to contract with private
39	entities in certain circumstances involving probation and
40	community control; amending s. 948.11, F.S.; requiring the
41	Department of Corrections to implement a pilot program
42	that uses an electronic monitoring system that reports the
43	location of a monitored offender and correlates that
44	information with other crime data; providing for a
45	statewide advisory committee to oversee and evaluate the
46	system; providing an appropriation; reenacting ss.
47	948.001(5) and 958.03(4), F.S.; relating to the definition
48	of probation, for the purpose of incorporating the
49	amendment to s. 948.03, F.S., in references thereto;
50	providing an effective date.
51
52	Be It Enacted by the Legislature of the State of Florida:
53
54	Section 1.  Subsection (6) is added to section 648.387,
55	Florida Statutes, to read:
56	648.387  Primary bail bond agents; duties.--
57	(6)(a)1.  A bail bond agent may contract with a vendor of
58	the bail bond agent's choice from among those vendors who
59	register with the clerk of the court to provide electronic
60	monitoring of any person who is released by the court in
61	accordance with chapter 903, subject to court-ordered conditions
62	requiring electronic monitoring.
63	2.  A vendor who provides electronic monitoring services
64	shall register with the clerk of the court in each judicial
65	circuit in which the vendor intends to provide such services. At
66	a minimum, the vendor shall provide the clerk with the name of
67	the vendor, the name of an individual employed by the vendor who
68	is to serve as a contact person for the vendor, the address of
69	the vendor, and the telephone number of the contact person. Each
70	clerk of the court may establish an appropriate fee for
71	registration, not to exceed $25.
72	(b)  A bail bond agent may contract with government
73	entities to provide electronic monitoring services as a
74	condition of bail or bond, independent of bail or bond, or under
75	conditions ordered by the court.
76	(c)  Bail bond agents are authorized to assess and collect
77	a reasonable, nonrefundable fee for electronic monitoring
78	services from the person who is subject to electronic
79	monitoring. Failure to make timely payment of such fees
80	constitutes grounds for the agent to remand such person to the
81	court or sheriff. Fees associated with required electronic
82	monitoring services are not considered part of the premium for
83	bail bond and shall be exempt from the provisions of s. 648.26.
84	(d)1.  The contracted vendor providing the electronic
85	monitoring services shall furnish a transmitter that meets
86	certification standards approved by the Federal Communications
87	Commission unless otherwise specified by state law. For purposes
88	of providing electronic monitoring in accordance with this
89	section and s. 903.0472, each transmitter shall perform
90	according to the following specifications:
91	a.  Operate within a signal range of no less than 65 feet
92	but no greater than 150 feet under normal household conditions.
93	b.  Emit a signal at least once every 30 seconds.
94	c.  Possess signal content that identifies the offender and
95	the offender's location.
96	d.  Possess an internal power source that provides a
97	minimum of 1 year of normal operation without need for
98	recharging or replacing the power source, as well as signal
99	content that indicates the power status of the transmitter and
100	provides the vendor with notification of whether the power
101	source needs to be recharged or replaced.
102	e.  Possess signal content that indicates whether the
103	transmitter has been subjected to tampering or removal.
104	f.  Possess encrypted signal content or another feature
105	designed to discourage duplication.
106	g.  Be of a design that is shock resistant, water and
107	moisture proof, and capable of reliable function under normal
108	atmospheric and environmental conditions.
109	h.  Be capable of wear and use in a manner that does not
110	pose a safety hazard or unduly restrict the activities of the
111	defendant.
112
113	In addition, the transmitter must be capable of being attached
114	to the defendant in a manner that readily reveals any efforts to
115	tamper with or remove the transmitter upon visual inspection.
116	Straps or other mechanisms for attaching the transmitter to the
117	defendant must be either capable of being adjusted to fit a
118	defendant of any size or made available in a variety of sizes.
119	2.  The contracted vendor providing the electronic
120	monitoring services shall furnish the bail bondsman with a
121	monitoring unit that meets certification standards approved by
122	the Federal Communications Commission unless otherwise specified
123	by state law. The monitoring unit must be capable of receiving
124	radio-frequency signals from the transmitter worn by the
125	defendant and described in subparagraph 1. The monitoring unit
126	must transmit data concerning the defendant's monitoring status
127	to a central monitoring system facility. The monitoring unit
128	must include an internal memory capable of storing data in the
129	event that communication with the central monitoring system
130	facility is disrupted or in the event of a power failure. The
131	monitoring unit must be capable of transmitting data that is
132	stored by the unit in the event that communication with the
133	central monitoring system facility is disrupted as soon as
134	communication is restored. The monitoring unit must not pose any
135	safety hazard to the defendant or others and must be capable of
136	reliable function under normal environmental and atmospheric
137	conditions.
138	Section 2.  Section 903.0472, Florida Statutes, is created
139	to read:
140	903.0472  Electronic monitoring.--
141	(1)  The court may order the defendant to be released from
142	custody subject to conditions of electronic monitoring, if such
143	services are provided in its jurisdiction. The court may order
144	the defendant to pay a reasonable fee for such services as a
145	condition of pretrial release. The failure of the defendant to
146	make timely payment of such fees constitutes a violation of
147	pretrial release and grounds for the defendant to be remanded to
148	the court or appropriate sheriff.
149	(2)  Any entity that provides electronic monitoring
150	services shall report forthwith any known violation of the
151	defendant's pretrial release conditions to the appropriate
152	court, sheriff, state attorney, and bail agent, if any.
153	(3)  A defendant who has been released in accordance with
154	the provisions of this section shall not alter, tamper with,
155	damage, or destroy any electronic monitoring equipment. A person
156	who violates this subsection commits a felony of the third
157	degree, punishable as provided in s. 775.082, s. 775.083, or s.
158	775.084.
159	(4)  Nothing in this section shall be construed to limit
160	any other provision of this chapter.
161	Section 3.  Section 903.0473, Florida Statutes, is created
162	to read:
163	903.0473  Probation appearance bond.--As a condition of any
164	probation, community control, or any other court-ordered
165	community supervision authorized pursuant to chapter 948, the
166	court may order the posting of a bond to secure the appearance
167	of the defendant at any subsequent court proceeding. The
168	appearance bond shall be filed by a bail agent with the sheriff
169	who shall provide a copy to the clerk of court. Upon 72 hours
170	notice by the Clerk of Court, the bail agent shall produce the
171	person on probation, community control, or other court-ordered
172	community supervision to the court. The bail agent shall
173	surrender to the sheriff a person on probation, community
174	control or court-ordered community supervision upon notice by
175	the probation officer that the person has violated the terms of
176	probation, community control, or court-ordered community
177	supervision. If the bail agent fails to produce the defendant in
178	the court at the time noticed by the court or the clerk of
179	court, the bond shall be estreated and forfeited according to
180	the procedures set forth in this chapter and chapter 643.
181	Failure to appear shall be the sole grounds for forfeiture and
182	estreature of the appearance bond. Where not inconsistent with
183	this subsection, this chapter and chapter 648 shall regulate the
184	relationship between the bail agent and probationer.
185	Section 4.  Paragraph (a) of subsection (1), paragraph (a)
186	of subsection (3), and subsection (5) of section 948.03, Florida
187	Statutes, are amended to read:
188	948.03  Terms and conditions of probation or community
189	control.--
190	(1)  The court shall determine the terms and conditions of
191	probation or community control. Conditions specified in
192	paragraphs (a)-(m) do not require oral pronouncement at the time
193	of sentencing and may be considered standard conditions of
194	probation. Conditions specified in paragraphs (a)-(m) and (2)(a)
195	do not require oral pronouncement at sentencing and may be
196	considered standard conditions of community control. These
197	conditions may include among them the following, that the
198	probationer or offender in community control shall:
199	(a)  Report to the probation officers and parole
200	supervisors as directed. The offender shall provide to the
201	probation officer a full, truthful, and complete oral or written
202	report each month. The report must include, but need not be
203	limited to, the offender's employment status, monthly earnings,
204	and financial ability. At the discretion of the department, the
205	reporting requirement may include electronic monitoring at the
206	expense of the offender.
207	(3)(a)1.  The Department of Corrections may, at its
208	discretion, instruct an offender to submit to electronic
209	monitoring. In such cases, the electronic monitoring shall be
210	considered to be supervisory instructions implementing the
211	standard condition of supervision requiring the offender to
212	report to probation officers as directed. This subparagraph does
213	not limit the judge's discretion to order electronic monitoring
214	in appropriate cases electronically monitor an offender
215	sentenced to community control.
216	2.  The Department of Corrections shall electronically
217	monitor an offender sentenced to criminal quarantine community
218	control 24 hours per day.
219	(5)  Conditions imposed pursuant to this subsection, as
220	specified in paragraphs (a), and (b), and (c), do not require
221	oral pronouncement at the time of sentencing and shall be
222	considered standard conditions of probation or community control
223	for offenders specified in this subsection.
224	(a)  Effective for probationers or community controllees
225	whose crime was committed on or after October 1, 1995, and who
226	are placed under supervision for violation of chapter 794, s.
227	800.04, s. 827.071, or s. 847.0145, the court must impose the
228	following conditions in addition to all other standard and
229	special conditions imposed:
230	1.  A mandatory curfew from 10 p.m. to 6 a.m. The court may
231	designate another 8-hour period if the offender's employment
232	precludes the above specified time, and such alternative is
233	recommended by the Department of Corrections. If the court
234	determines that imposing a curfew would endanger the victim, the
235	court may consider alternative sanctions.
236	2.  If the victim was under the age of 18, a prohibition on
237	living within 1,000 feet of a school, day care center, park,
238	playground, or other place where children regularly congregate,
239	as prescribed by the court. The 1,000-foot distance shall be
240	measured in a straight line from the offender's place of
241	residence to the nearest boundary line of the school, day care
242	center, park, playground, or other place where children
243	congregate. The distance may not be measured by a pedestrian
244	route or automobile route.
245	3.  Active participation in and successful completion of a
246	sex offender treatment program with therapists specifically
247	trained to treat sex offenders, at the probationer's or
248	community controllee's own expense. If a specially trained
249	therapist is not available within a 50-mile radius of the
250	probationer's or community controllee's residence, the offender
251	shall participate in other appropriate therapy.
252	4.  A prohibition on any contact with the victim, directly
253	or indirectly, including through a third person, unless approved
254	by the victim, the offender's therapist, and the sentencing
255	court.
256	5.  If the victim was under the age of 18, a prohibition,
257	until successful completion of a sex offender treatment program,
258	on unsupervised contact with a child under the age of 18, unless
259	authorized by the sentencing court without another adult present
260	who is responsible for the child's welfare, has been advised of
261	the crime, and is approved by the sentencing court.
262	6.  If the victim was under age 18, a prohibition on
263	working for pay or as a volunteer at any school, day care
264	center, park, playground, or other place where children
265	regularly congregate.
266	7.  Unless otherwise indicated in the treatment plan
267	provided by the sexual offender treatment program, a prohibition
268	on viewing, owning, or possessing any obscene, pornographic, or
269	sexually stimulating visual or auditory material, including
270	telephone, electronic media, computer programs, or computer
271	services that are relevant to the offender's deviant behavior
272	pattern.
273	8.  A requirement that the probationer or community
274	controllee must submit two specimens of blood or other approved
275	biological specimens to the Florida Department of Law
276	Enforcement to be registered with the DNA data bank.
277	9.  A requirement that the probationer or community
278	controllee make restitution to the victim, as ordered by the
279	court under s. 775.089, for all necessary medical and related
280	professional services relating to physical, psychiatric, and
281	psychological care.
282	10.  Submission to a warrantless search by the community
283	control or probation officer of the probationer's or community
284	controllee's person, residence, or vehicle.
285	(b)  Effective for a probationer or community controllee
286	whose crime was committed on or after October 1, 1997, and who
287	is placed on sex offender probation for a violation of chapter
288	794, s. 800.04, s. 827.071, or s. 847.0145, in addition to any
289	other provision of this subsection, the court must impose the
290	following conditions of probation or community control:
291	1.  As part of a treatment program, participation at least
292	annually in polygraph examinations to obtain information
293	necessary for risk management and treatment and to reduce the
294	sex offender's denial mechanisms. A polygraph examination must
295	be conducted by a polygrapher trained specifically in the use of
296	the polygraph for the monitoring of sex offenders, where
297	available, and shall be paid by the sex offender. The results of
298	the polygraph examination shall not be used as evidence in court
299	to prove that a violation of community supervision has occurred.
300	2.  Maintenance of a driving log and a prohibition against
301	driving a motor vehicle alone without the prior approval of the
302	supervising officer.
303	3.  A prohibition against obtaining or using a post office
304	box without the prior approval of the supervising officer.
305	4.  If there was sexual contact, a submission to, at the
306	probationer's or community controllee's expense, an HIV test
307	with the results to be released to the victim or and/or the
308	victim's parent or guardian.
309	5.  Electronic monitoring when deemed necessary by the
310	community control or probation officer and his or her
311	supervisor, and ordered by the court at the recommendation of
312	the Department of Corrections.
313	(c)  Effective for a probationer or community controllee
314	whose crime was committed on or after July 1, 2004, and who is
315	placed under supervision for a violation of chapter 794, s.
316	800.04, s. 827.071, or s. 847.0145, the court must order
317	electronic monitoring in addition to all other standard and
318	special conditions imposed.
319	Section 5.  Subsection (2) of section 948.09, Florida
320	Statutes, is amended to read:
321	948.09  Payment for cost of supervision and
322	rehabilitation.--
323	(2)  Any person being electronically monitored by the
324	department as a result of placement on community control shall
325	be required to pay as a surcharge an amount that may not exceed
326	the full cost of the monitoring service in addition to the cost
327	of supervision fee as directed by the sentencing court. The
328	department is authorized to contract with a private entity to
329	provide the services necessary to implement or to facilitate any
330	provision of this section. The department is authorized to
331	contract with a private entity for the collection and
332	disposition of the surcharge. The department shall promulgate
333	rules, in accordance with the provisions of chapter 120, to
334	provide for a schedule of maximum fees, including an
335	administrative processing fees, which may be charged to a
336	community controllee for electronic monitoring services. Payment
337	for electronic monitoring required under this section may be
338	made directly to the private entity Such contract may allow for
339	reasonable costs to the contractor associated with the
340	collection of the surcharge. The surcharge shall be deposited in
341	the Operating Trust Fund to be used by the department for
342	purchasing and maintaining electronic monitoring devices.
343	Section 6.  Section 948.11, Florida Statutes, is amended to
344	read:
345	948.11  Electronic monitoring devices.--
346	(1)  Pursuant to chapter 287, the department shall issue a
347	request for proposal for electronic monitoring devices to be
348	used utilized by the department for purposes of electronic
349	monitoring under this section or any other section of law which
350	authorizes electronic monitoring. Electronic monitoring devices
351	certified for use by the department must be licensed by the FCC,
352	must be capable of maintaining full operation on a backup power
353	source for 8 hours, and must meet such other necessary and vital
354	specifications as may be set by the department for tamper-alert,
355	efficient, and economical usage.  The provisions of this section
356	do not apply to passive devices.
357	(2)  The department shall conduct an electronic monitoring
358	pilot program in one or more judicial circuits within funds
359	appropriated for this purpose to determine the effect of
360	electronic monitoring on offenders on community supervision. The
361	department is authorized to use funds appropriated for the
362	purpose of contracting for a statewide offender tracking and
363	crime-reporting system. The site or sites of the pilot program
364	shall be determined by the advisory committee provided for in
365	this subsection. Offenders to be monitored as a part of the
366	pilot program shall be identified as provided in this
367	subsection. The program shall be conducted in conjunction with
368	local law enforcement. The pilot program shall use a system of
369	electronic monitoring that identifies the location of a
370	monitored offender and timely reports the offender's presence
371	near a crime scene, entrance into a prohibited area, or
372	departure from specified geographical limitations.
373	(a)  The system shall be designed and executed in such a
374	manner so that it contains all data concerning criminal
375	incidents available throughout the state, including detailed
376	geographical inclusion and exclusion zones if a monitored person
377	is lawfully prohibited from leaving or entering certain
378	locations.
379	(b)  The system shall be designed to provide either real
380	time or delayed reporting of the monitored person's location and
381	any correlation with the location of a crime or with the
382	person's exit from an inclusion zone or entry into a prohibited
383	zone. This shall include, but need not be limited to:
384	1.  Timely alerts and reports to the Department of
385	Corrections when a supervised offender enters or leaves an
386	inclusion or exclusion zone.
387	2.  Timely alerts and reports to appropriate local law
388	enforcement officials when any supervised offender is identified
389	as being at or near a crime scene.
390
391	The supervising agency shall determine whether reporting of
392	location and correlation with crime data shall be real time or
393	delayed, and the length of delay, depending upon the seriousness
394	of the monitored person's offense or offenses.
395	(c)  The system shall monitor a minimum of 1,000 offenders
396	on state community control supervision or state probation. The
397	following offenders shall be given priority for monitoring and
398	crime-correlation reporting under the system:
399	1.  All probationers and community controllees who have
400	been court ordered to submit to electronic monitoring pursuant
401	to s. 948.03(5)(b) or s. 948.03(5)(c). If more than 1,000
402	offenders are subject to this requirement, the Department of
403	Corrections shall determine which offenders to monitor based
404	upon risk-assessment criteria.
405	2.  If fewer than 1,000 probationers and community
406	controllees are court ordered to submit to electronic monitoring
407	pursuant to s. 948.03(5)(b) or s. 948.03(5)(c), the remainder of
408	the 1,000 tracked offenders shall be offenders under the
409	jurisdiction of the Department of Corrections who have been
410	previously convicted of sexual offenses or violent crimes and
411	who are court ordered to submit to electronic monitoring. For
412	the purposes of this subparagraph, the term "conviction" means a
413	determination of guilt that is the result of a plea or a trial,
414	regardless of whether adjudication is withheld or whether a plea
415	of nolo contendere is entered. The Department of Corrections
416	shall determine which offenders to monitor based upon risk-
417	assessment criteria.
418	(d)  A statewide advisory committee, to be chaired by the
419	secretary of the department and comprised of a representative of
420	the Office of the Attorney General, a representative of the
421	Department of Law Enforcement, a representative of the
422	Department of Corrections, a representative of the Parole
423	Commission, a representative of the state attorneys appointed by
424	the Florida Prosecuting Attorneys Association, a representative
425	of the public defenders appointed by the Florida Public
426	Defender's Association, Inc., three representatives of the
427	sheriff appointed by the Florida Sheriff's Association, and
428	three representatives of the police chiefs appointed by the
429	Florida Police Chief's Association, shall monitor and evaluate
430	the electronic monitoring system.
431	Section 7.  The sum of $3.75 million is appropriated from
432	the General Revenue Fund to the Department of Corrections for
433	the purpose of contracting for an integrated statewide offender
434	tracking and crime-reporting system, which shall be fully
435	operational by December 1, 2004.
436	Section 8.  For the purpose of incorporating the amendment
437	to section 948.03, Florida Statutes, in a reference thereto,
438	subsection (5) of section 948.001, Florida Statutes, is
439	reenacted to read:
440	948.001  Definitions.--As used in this chapter, the term:
441	(5)  "Probation" means a form of community supervision
442	requiring specified contacts with parole and probation officers
443	and other terms and conditions as provided in s. 948.03.
444	Section 9.  For the purpose of incorporating the amendment
445	to section 948.03, Florida Statutes, in a reference thereto,
446	subsection (4) of section 958.03, Florida Statutes, is reenacted
447	to read:
448	958.03  Definitions.--As used in this act:
449	(4)  "Probation" means a form of community supervision
450	requiring specified contacts with parole and probation officers
451	and other terms and conditions as provided in s. 948.03.
452	Section 10.  This act shall take effect upon becoming a
453	law.

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