SENATE AMENDMENT
    Bill No. SB 2424
    Amendment No. 3   Barcode 641644
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Criminal Justice recommended the following
12  amendment:
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14         Senate Amendment (with title amendment) 
15         On page 4, between lines 17 and 18,
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17  insert:  
18         Section 2.  Section 827.031, Florida Statutes, is
19  created to read:
20         827.031  Failure by an adult to supervise sex offense
21  probationer or community controllee and minor.--Any person
22  designated as an "adult responsible for a child's welfare" by
23  the Parole Commission under s. 947.1405(7)(a)5. or by a court
24  under s. 948.03(5)(a)5. for the purpose of supervising a
25  probationer's or community controllee's contact with a child
26  under the age of 18 who fails to be physically present at all
27  times when the community controllee or probationer is having
28  supervised contact with the child under the age of 18, or who
29  otherwise fails to abide by a safety plan, commits a
30  first-degree misdemeanor, punishable as provided in s. 775.082
31  and s. 775.083.
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    4:14 PM   04/20/04                                 s2424.cj.03

SENATE AMENDMENT Bill No. SB 2424 Amendment No. 3 Barcode 641644 1 Section 3. Paragraph (a) of subsection (7) of section 2 947.1405, Florida Statutes, is amended to read: 3 947.1405 Conditional release program.-- 4 (7)(a) Any inmate who is convicted of a crime 5 committed on or after October 1, 1995, or who has been 6 previously convicted of a crime committed on or after October 7 1, 1995, in violation of chapter 794, s. 800.04, s. 827.071, 8 or s. 847.0145, and is subject to conditional release 9 supervision, shall have, in addition to any other conditions 10 imposed, the following special conditions imposed by the 11 commission: 12 1. A mandatory curfew from 10 p.m. to 6 a.m. The 13 commission may designate another 8-hour period if the 14 offender's employment precludes the above specified time, and 15 such alternative is recommended by the Department of 16 Corrections. If the commission determines that imposing a 17 curfew would endanger the victim, the commission may consider 18 alternative sanctions. 19 2. If the victim was under the age of 18, a 20 prohibition on living within 1,000 feet of a school, day care 21 center, park, playground, or other place where children 22 regularly congregate. 23 3. Active participation in and successful completion 24 of a sex offender treatment program with therapists 25 specifically trained to treat sex offenders, at the releasee's 26 own expense. If a specially trained therapist is not available 27 within a 50-mile radius of the releasee's residence, the 28 offender shall participate in other appropriate therapy. 29 4. A prohibition on any contact with the victim, 30 directly or indirectly, including through a third person, 31 unless approved by the victim, the offender's therapist, and 2 4:14 PM 04/20/04 s2424.cj.03
SENATE AMENDMENT Bill No. SB 2424 Amendment No. 3 Barcode 641644 1 the sentencing court. 2 5. If the victim was under the age of 18, a 3 prohibition on starting or continuing unsupervised contact 4 with a child under the age of 18 or living with a child under 5 the age of 18. The commission may approve supervised contact 6 with a child under the age of 18 if against direct contact or 7 association with children under the age of 18 until all of the 8 following conditions are met: 9 a. The offender has successfully completed a sex 10 offender treatment program; Successful completion of a sex 11 offender treatment program. 12 b. The offender has completed an assessment of the 13 contact risk by a qualified practitioner; The adult person who 14 is legally responsible for the welfare of the child has been 15 advised of the nature of the crime. 16 c. An adult who is responsible for the child's welfare 17 and who has been advised of the crime and approved by the 18 commission is present at all times when the offender is with 19 the child; and Such adult person is present during all contact 20 or association with the child. 21 d. Before supervised contact begins, the responsible 22 adult has been provided with a safety plan that details the 23 conditions of the contact and was prepared by a qualified 24 practitioner who is treating or has treated the offender. Such 25 adult person has been approved by the commission. 26 27 As used in this subparagraph, the term "qualified 28 practitioner" means a therapist licensed under s. 490.0143 or 29 s. 491.0143 or equivalent licensure in another state and who 30 is a clinical member of the Association for the Treatment of 31 Sexual Abusers. 3 4:14 PM 04/20/04 s2424.cj.03
SENATE AMENDMENT Bill No. SB 2424 Amendment No. 3 Barcode 641644 1 6. If the victim was under age 18, a prohibition on 2 working for pay or as a volunteer at any school, day care 3 center, park, playground, or other place where children 4 regularly congregate, as prescribed by the commission. 5 7. Unless otherwise indicated in the treatment plan 6 provided by the sexual offender treatment program, a 7 prohibition on viewing, owning, or possessing any obscene, 8 pornographic, or sexually stimulating visual or auditory 9 material, including telephone, electronic media, computer 10 programs, or computer services that are relevant to the 11 offender's deviant behavior pattern. 12 8. A requirement that the releasee must submit two 13 specimens of blood to the Florida Department of Law 14 Enforcement to be registered with the DNA database. 15 9. A requirement that the releasee make restitution to 16 the victim, as determined by the sentencing court or the 17 commission, for all necessary medical and related professional 18 services relating to physical, psychiatric, and psychological 19 care. 20 10. Submission to a warrantless search by the 21 community control or probation officer of the probationer's or 22 community controllee's person, residence, or vehicle. 23 24 (Redesignate subsequent sections.) 25 26 27 ================ T I T L E A M E N D M E N T =============== 28 And the title is amended as follows: 29 On page 1, line 13, after the semicolon, 30 31 insert: 4 4:14 PM 04/20/04 s2424.cj.03
SENATE AMENDMENT Bill No. SB 2424 Amendment No. 3 Barcode 641644 1 creating s. 827.031, F.S.; providing a criminal 2 penalty for failure by a responsible adult to 3 supervise sex offense probationer or community 4 controllee and a minor; amending s. 947.1405, 5 F.S.; prohibiting a community controllee from 6 having unsupervised contact with a child under 7 the age of 18; authorizing the Parole 8 Commission to approve supervised contact if the 9 offender successfully completes a treatment 10 program, a risk assessment is prepared, and an 11 adult responsible for the child's welfare 12 supervises the contact; requiring that the 13 supervising adult be provided with a safety 14 plan prepared by a qualified practitioner; 15 defining the term "qualified practitioner"; 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 4:14 PM 04/20/04 s2424.cj.03