Senate Bill sb2018

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    Florida Senate - 2004                                  SB 2018

    By Senator Haridopolos





    26-1592-04

  1                      A bill to be entitled

  2         An act relating to the electronic monitoring of

  3         probationers and community controllees;

  4         amending s. 948.03, F.S.; requiring the court

  5         to order the electronic monitoring of certain

  6         sex offenders whose crime is committed on or

  7         after a specified date; amending s. 948.11,

  8         F.S.; requiring the Department of Corrections

  9         to use an electronic monitoring system that

10         reports the location of a monitored offender

11         and correlates that information with other

12         crime data; providing requirements for the

13         capacity of the monitoring system; requiring a

14         statewide steering committee to oversee and

15         evaluate the system; providing an

16         appropriation; providing an effective date.

17  

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

19  

20         Section 1.  Subsection (5) of section 948.03, Florida

21  Statutes, is amended to read:

22         948.03  Terms and conditions of probation or community

23  control.--

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

25  specified in paragraphs (a), and (b), and (c), do not require

26  oral pronouncement at the time of sentencing and shall be

27  considered standard conditions of probation or community

28  control for offenders specified in this subsection.

29         (a)  Effective for probationers or community

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

31  1995, and who are placed under supervision for violation of

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    Florida Senate - 2004                                  SB 2018
    26-1592-04




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

 2  must impose the following conditions in addition to all other

 3  standard and special conditions imposed:

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

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

 6  employment precludes the above specified time, and such

 7  alternative is recommended by the Department of Corrections.

 8  If the court determines that imposing a curfew would endanger

 9  the victim, the court may consider alternative sanctions.

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

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

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

13  regularly congregate, as prescribed by the court. The

14  1,000-foot distance shall be measured in a straight line from

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

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

17  place where children congregate. The distance may not be

18  measured by a pedestrian route or automobile route.

19         3.  Active participation in and successful completion

20  of a sex offender treatment program with therapists

21  specifically trained to treat sex offenders, at the

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

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

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

25  residence, the offender shall participate in other appropriate

26  therapy.

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

28  directly or indirectly, including through a third person,

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

30  the sentencing court.

31  

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    Florida Senate - 2004                                  SB 2018
    26-1592-04




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

 2  prohibition, until successful completion of a sex offender

 3  treatment program, on unsupervised contact with a child under

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

 5  without another adult present who is responsible for the

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

 7  approved by the sentencing court.

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

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

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

11  regularly congregate.

12         7.  Unless otherwise indicated in the treatment plan

13  provided by the sexual offender treatment program, a

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

15  pornographic, or sexually stimulating visual or auditory

16  material, including telephone, electronic media, computer

17  programs, or computer services that are relevant to the

18  offender's deviant behavior pattern.

19         8.  A requirement that the probationer or community

20  controllee must submit two specimens of blood or other

21  approved biological specimens to the Florida Department of Law

22  Enforcement to be registered with the DNA data bank.

23         9.  A requirement that the probationer or community

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

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

26  professional services relating to physical, psychiatric, and

27  psychological care.

28         10.  Submission to a warrantless search by the

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

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

31  

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    Florida Senate - 2004                                  SB 2018
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 1         (b)  Effective for a probationer or community

 2  controllee whose crime was committed on or after October 1,

 3  1997, and who is placed on sex offender probation for a

 4  violation of chapter 794, s. 800.04, s. 827.071, or s.

 5  847.0145, in addition to any other provision of this

 6  subsection, the court must impose the following conditions of

 7  probation or community control:

 8         1.  As part of a treatment program, participation at

 9  least annually in polygraph examinations to obtain information

10  necessary for risk management and treatment and to reduce the

11  sex offender's denial mechanisms. A polygraph examination must

12  be conducted by a polygrapher trained specifically in the use

13  of the polygraph for the monitoring of sex offenders, where

14  available, and shall be paid by the sex offender. The results

15  of the polygraph examination shall not be used as evidence in

16  court to prove that a violation of community supervision has

17  occurred.

18         2.  Maintenance of a driving log and a prohibition

19  against driving a motor vehicle alone without the prior

20  approval of the supervising officer.

21         3.  A prohibition against obtaining or using a post

22  office box without the prior approval of the supervising

23  officer.

24         4.  If there was sexual contact, a submission to, at

25  the probationer's or community controllee's expense, an HIV

26  test with the results to be released to the victim or and/or

27  the victim's parent or guardian.

28         5.  Electronic monitoring when deemed necessary by the

29  community control or probation officer and his or her

30  supervisor, and ordered by the court at the recommendation of

31  the Department of Corrections.

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    Florida Senate - 2004                                  SB 2018
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 1         (c)  Effective for a probationer or community

 2  controllee whose crime was committed on or after July 1, 2004,

 3  and who is placed under supervision for a violation of chapter

 4  794, s. 800.04, s. 827.071, or s. 847.0145, the court must

 5  order electronic monitoring in addition to all other standard

 6  and special conditions imposed.

 7         Section 2.  Section 948.11, Florida Statutes, is

 8  amended to read:

 9         948.11  Electronic monitoring devices.--

10         (1)  Pursuant to chapter 287, the department shall

11  issue a request for proposal for electronic monitoring devices

12  to be used utilized by the department for purposes of

13  electronic monitoring under this section or any other section

14  of law which authorizes electronic monitoring. Electronic

15  monitoring devices certified for use by the department must be

16  licensed by the FCC, must be capable of maintaining full

17  operation on a backup power source for 8 hours, and must meet

18  such other necessary and vital specifications as may be set by

19  the department for tamper-alert, efficient, and economical

20  usage.  The provisions of this section do not apply to passive

21  devices.

22         (2)  The department shall use a system of electronic

23  monitoring that identifies the location of a monitored

24  offender and timely reports the offender's presence near a

25  crime scene, entrance into a prohibited area, or departure

26  from specified geographical limitations.

27         (a)  The system shall be designed and executed in such

28  a manner so that it contains all data concerning criminal

29  incidents available throughout the state, including detailed

30  geographical inclusion and exclusion zones if a monitored

31  

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    Florida Senate - 2004                                  SB 2018
    26-1592-04




 1  person is lawfully prohibited from leaving or entering certain

 2  locations.

 3         (b)  The system shall be designed to provide either

 4  real time or delayed reporting of the monitored person's

 5  location and any correlation with the location of a crime or

 6  with the person's exit from an inclusion zone or entry into a

 7  prohibited zone. This shall include, but need not be limited

 8  to:

 9         1.  Timely alerts and reports to the Department of

10  Corrections when a supervised offender enters or leaves an

11  inclusion or exclusion zone; and

12         2.  Timely alerts and reports to appropriate local law

13  enforcement officials when any supervised offender is

14  identified as being at or near a crime scene.

15  

16  The supervising agency shall determine whether reporting of

17  location and correlation with crime data shall be real time or

18  delayed, and the length of delay, depending upon the

19  seriousness of the monitored person's offense or offenses.

20         (c)  The system shall monitor a minimum of 1,000

21  offenders on state community control supervision or state

22  probation. The following offenders shall be given priority for

23  monitoring and crime-correlation reporting under the system:

24         1.  All convicted sex offenders who may lawfully be

25  required to submit to electronic monitoring. If more than

26  1,000 offenders are subject to this requirement, the

27  Department of Corrections shall determine which offenders to

28  monitor based upon risk-assessment criteria.

29         2.  If fewer than 1,000 convicted sex offenders may

30  lawfully be required to submit to electronic monitoring, the

31  remainder of the 1,000 tracked offenders shall be offenders

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    Florida Senate - 2004                                  SB 2018
    26-1592-04




 1  under the jurisdiction of the Department of Corrections who

 2  are likely to commit sexual offenses or violent crimes and who

 3  may lawfully be required to submit to electronic monitoring.

 4  The Department of Corrections shall determine which offenders

 5  to monitor, based upon risk-assessment criteria.

 6         (d)  A statewide steering committee, comprised of

 7  representatives of the Office of the Attorney General, the

 8  Department of Law Enforcement, the Department of Corrections,

 9  the Parole Commission, sheriffs' offices, police departments,

10  and other criminal justice officials, as deemed appropriate,

11  shall oversee and guide the monitoring system and provide for

12  project evaluation.

13         Section 3.  The sum of $7.8 million is appropriated

14  from the General Revenue Trust Fund to the Department of

15  Corrections for the purpose of contracting for an integrated

16  statewide offender tracking and crime-reporting system, which

17  shall be fully operational by December 1, 2004.

18         Section 4.  This act shall take effect upon becoming a

19  law.

20  

21            *****************************************

22                          SENATE SUMMARY

23    Requires that the court order electronic monitoring of
      certain sex offenders whose crime is committed on or
24    after July 1, 2004. Provides requirements for the
      Department of Corrections in establishing an electronic
25    monitoring system that reports the location of a
      monitored offender and correlates that information with
26    other crime data. Provides for a statewide steering
      committee to oversee and evaluate the monitoring system.
27    (See bill for details.)

28  

29  

30  

31  

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