1 | A bill to be entitled |
2 | An act relating to sexual offenders; amending ss. 947.1405 |
3 | and 948.30, F.S.; prohibiting a sexual offender from |
4 | having contact with a child younger than 18; providing an |
5 | exception; providing that the Parole Commission or a court |
6 | may approve a sexual offender's having supervised contact |
7 | with a child younger than 18 under specified conditions; |
8 | prohibiting a sexual offender from accessing or using the |
9 | Internet or other computer services without an approved |
10 | safety plan; providing a definition; reenacting s. |
11 | 775.21(3)(b), F.S., relating to the threat to public |
12 | safety by sexual offenders, to incorporate the amendments |
13 | to ss. 947.1405 and 948.30, F.S., in references thereto; |
14 | providing an effective date. |
15 |
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16 | Be It Enacted by the Legislature of the State of Florida: |
17 |
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18 | Section 1. Paragraph (a) of subsection (7) of section |
19 | 947.1405, Florida Statutes, is amended to read: |
20 | 947.1405 Conditional release program.-- |
21 | (7)(a) Any inmate who is convicted of a crime committed on |
22 | or after October 1, 1995, or who has been previously convicted |
23 | of a crime committed on or after October 1, 1995, in violation |
24 | of chapter 794, s. 800.04, s. 827.071, or s. 847.0145, and is |
25 | subject to conditional release supervision, shall have, in |
26 | addition to any other conditions imposed, the following special |
27 | conditions imposed by the commission: |
28 | 1. A mandatory curfew from 10 p.m. to 6 a.m. The |
29 | commission may designate another 8-hour period if the offender's |
30 | employment precludes the above specified time, and such |
31 | alternative is recommended by the Department of Corrections. If |
32 | the commission determines that imposing a curfew would endanger |
33 | the victim, the commission may consider alternative sanctions. |
34 | 2. If the victim was under the age of 18, a prohibition on |
35 | living within 1,000 feet of a school, day care center, park, |
36 | playground, designated public school bus stop, or other place |
37 | where children regularly congregate. A releasee who is subject |
38 | to this subparagraph may not relocate to a residence that is |
39 | within 1,000 feet of a public school bus stop. Beginning October |
40 | 1, 2004, the commission or the department may not approve a |
41 | residence that is located within 1,000 feet of a school, day |
42 | care center, park, playground, designated school bus stop, or |
43 | other place where children regularly congregate for any releasee |
44 | who is subject to this subparagraph. On October 1, 2004, the |
45 | department shall notify each affected school district of the |
46 | location of the residence of a releasee 30 days prior to release |
47 | and thereafter, if the releasee relocates to a new residence, |
48 | shall notify any affected school district of the residence of |
49 | the releasee within 30 days after relocation. If, on October 1, |
50 | 2004, any public school bus stop is located within 1,000 feet of |
51 | the existing residence of such releasee, the district school |
52 | board shall relocate that school bus stop. Beginning October 1, |
53 | 2004, a district school board may not establish or relocate a |
54 | public school bus stop within 1,000 feet of the residence of a |
55 | releasee who is subject to this subparagraph. The failure of the |
56 | district school board to comply with this subparagraph shall not |
57 | result in a violation of conditional release supervision. |
58 | 3. Active participation in and successful completion of a |
59 | sex offender treatment program with qualified practitioners |
60 | therapists specifically trained to treat sex offenders, at the |
61 | releasee's own expense. If a qualified practitioner specially |
62 | trained therapist is not available within a 50-mile radius of |
63 | the releasee's residence, the offender shall participate in |
64 | other appropriate therapy. |
65 | 4. A prohibition on any contact with the victim, directly |
66 | or indirectly, including through a third person, unless approved |
67 | by the victim, the qualified practitioner treating the offender |
68 | offender's therapist, and the sentencing court. |
69 | 5. If the victim was under the age of 18, a prohibition |
70 | against direct contact or association with children under the |
71 | age of 18 except as provided in this paragraph. The commission |
72 | may approve supervised contact with a child under the age of 18 |
73 | if until all of the following conditions are met: |
74 | a. A risk assessment has been completed by a qualified |
75 | practitioner at the offender's sex offender treatment program. |
76 | b. Before supervised contact begins, the adult who is |
77 | responsible for the child's welfare collaborates with the |
78 | qualified practitioner to develop and implement a safety plan |
79 | that details the acceptable conditions of contact between the |
80 | offender and the child. |
81 | c. Supervised contact with the child is recommended by the |
82 | qualified practitioner at the offender's sex offender treatment |
83 | program. |
84 | d. The commission approves the adult who is responsible |
85 | for the child's welfare and who has agreed to supervise the |
86 | child any time the offender is with the child. |
87 | e. The commission determines that the supervised contact |
88 | is in the best interest of the child and does not pose an undue |
89 | risk to the child. |
90 | f. The adult who has been approved by the commission |
91 | understands that he or she must supervise the child any time the |
92 | offender is with the child. |
93 | a. Successful completion of a sex offender treatment |
94 | program. |
95 | b. The adult person who is legally responsible for the |
96 | welfare of the child has been advised of the nature of the |
97 | crime. |
98 | c. Such adult person is present during all contact or |
99 | association with the child. |
100 | d. Such adult person has been approved by the commission. |
101 | 6. If the victim was under age 18, a prohibition on |
102 | working for pay or as a volunteer at any school, day care |
103 | center, park, playground, or other place where children |
104 | regularly congregate, as prescribed by the commission. |
105 | 7. Unless otherwise indicated in the treatment plan |
106 | provided by the sexual offender treatment program, a prohibition |
107 | on viewing, owning, or possessing any obscene, pornographic, or |
108 | sexually stimulating visual or auditory material, including |
109 | telephone, electronic media, computer programs, or computer |
110 | services that are relevant to the offender's deviant behavior |
111 | pattern. |
112 | 8. Effective for a releasee whose crime is committed on or |
113 | after July 1, 2005, a prohibition on accessing or using the |
114 | Internet or other computer services until the offender's sex |
115 | offender treatment program has approved a safety plan for |
116 | accessing or using the Internet or other computer services. |
117 | 9.8. A requirement that the releasee must submit two |
118 | specimens of blood to the Florida Department of Law Enforcement |
119 | to be registered with the DNA database. |
120 | 10.9. A requirement that the releasee make restitution to |
121 | the victim, as determined by the sentencing court or the |
122 | commission, for all necessary medical and related professional |
123 | services relating to physical, psychiatric, and psychological |
124 | care. |
125 | 11.10. Submission to a warrantless search by the community |
126 | control or probation officer of the probationer's or community |
127 | controllee's person, residence, or vehicle. |
128 |
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129 | As used in this paragraph, the term "qualified practitioner" |
130 | means a therapist licensed under s. 490.0143 or s. 491.0143, or |
131 | holding equivalent licensure in another state, who is specially |
132 | trained to evaluate and treat sex offenders and who is a |
133 | clinical member of the Association for the Treatment of Sexual |
134 | Abusers or has equivalent training and experience. |
135 | Section 2. Subsection (1) of section 948.30, Florida |
136 | Statutes, is amended to read: |
137 | 948.30 Additional terms and conditions of probation or |
138 | community control for certain sex offenses.--Conditions imposed |
139 | pursuant to this section do not require oral pronouncement at |
140 | the time of sentencing and shall be considered standard |
141 | conditions of probation or community control for offenders |
142 | specified in this section. |
143 | (1) Effective for probationers or community controllees |
144 | whose crime was committed on or after October 1, 1995, and who |
145 | are placed under supervision for violation of chapter 794, s. |
146 | 800.04, s. 827.071, or s. 847.0145, the court must impose the |
147 | following conditions in addition to all other standard and |
148 | special conditions imposed: |
149 | (a) A mandatory curfew from 10 p.m. to 6 a.m. The court |
150 | may designate another 8-hour period if the offender's employment |
151 | precludes the above specified time, and the such alternative is |
152 | recommended by the Department of Corrections. If the court |
153 | determines that imposing a curfew would endanger the victim, the |
154 | court may consider alternative sanctions. |
155 | (b) If the victim was under the age of 18, a prohibition |
156 | on living within 1,000 feet of a school, day care center, park, |
157 | playground, or other place where children regularly congregate, |
158 | as prescribed by the court. The 1,000-foot distance shall be |
159 | measured in a straight line from the offender's place of |
160 | residence to the nearest boundary line of the school, day care |
161 | center, park, playground, or other place where children |
162 | congregate. The distance may not be measured by a pedestrian |
163 | route or automobile route. |
164 | (c) Active participation in and successful completion of a |
165 | sex offender treatment program with qualified practitioners |
166 | therapists specifically trained to treat sex offenders, at the |
167 | probationer's or community controllee's own expense. If a |
168 | qualified practitioner specially trained therapist is not |
169 | available within a 50-mile radius of the probationer's or |
170 | community controllee's residence, the offender shall participate |
171 | in other appropriate therapy. |
172 | (d) A prohibition on any contact with the victim, directly |
173 | or indirectly, including through a third person, unless approved |
174 | by the victim, the qualified practitioner treating the offender |
175 | offender's therapist, and the sentencing court. |
176 | (e) If the victim was under the age of 18, a prohibition, |
177 | until successful completion of a sex offender treatment program, |
178 | on unsupervised contact with a child under the age of 18 except |
179 | as provided in this paragraph, unless authorized by the |
180 | sentencing court without another adult present who is |
181 | responsible for the child's welfare, has been advised of the |
182 | crime, and is approved by the sentencing court. The court may |
183 | approve supervised contact with a child under the age of 18 if |
184 | all of the following conditions are met: |
185 | 1. A risk assessment has been completed by the qualified |
186 | practitioner at the offender's sex offender treatment program. |
187 | 2. Before supervised contact begins, the adult who is |
188 | responsible for the child's welfare collaborates with the |
189 | qualified practitioner to develop and implement a safety plan |
190 | that details the acceptable conditions of contact between the |
191 | offender and the child. |
192 | 3. Supervised contact with the child is recommended by the |
193 | qualified practitioner at the offender's sex offender treatment |
194 | program. |
195 | 4. The court approves the adult who is responsible for the |
196 | child's welfare and who has agreed to supervise the child any |
197 | time the offender is with the child. |
198 | 5. The court determines that the supervised contact is in |
199 | the best interest of the child and does not pose an undue risk |
200 | to the child. |
201 | 6. The adult who has been approved by the court |
202 | understands that he or she must supervise the child any time the |
203 | offender is with the child. |
204 | (f) If the victim was under age 18, a prohibition on |
205 | working for pay or as a volunteer at any school, day care |
206 | center, park, playground, or other place where children |
207 | regularly congregate. |
208 | (g) Unless otherwise indicated in the treatment plan |
209 | provided by the sexual offender treatment program, a prohibition |
210 | on viewing, accessing, owning, or possessing any obscene, |
211 | pornographic, or sexually stimulating visual or auditory |
212 | material, including telephone, electronic media, computer |
213 | programs, or computer services that are relevant to the |
214 | offender's deviant behavior pattern. |
215 | (h) Effective for probationers or community controllees |
216 | whose crime is committed on or after July 1, 2005, a prohibition |
217 | on accessing or using the Internet or other computer services |
218 | until the offender's sex offender treatment program has approved |
219 | a safety plan for accessing or using the Internet or other |
220 | computer services. |
221 | (i)(h) A requirement that the probationer or community |
222 | controllee must submit a specimen of blood or other approved |
223 | biological specimen to the Department of Law Enforcement to be |
224 | registered with the DNA data bank. |
225 | (j)(i) A requirement that the probationer or community |
226 | controllee make restitution to the victim, as ordered by the |
227 | court under s. 775.089, for all necessary medical and related |
228 | professional services relating to physical, psychiatric, and |
229 | psychological care. |
230 | (k)(j) Submission to a warrantless search by the community |
231 | control or probation officer of the probationer's or community |
232 | controllee's person, residence, or vehicle. |
233 |
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234 | As used in this subsection, the term "qualified practitioner" |
235 | means a therapist licensed under s. 490.0143 or s. 491.0143, or |
236 | holding equivalent licensure in another state, who is specially |
237 | trained to evaluate and treat sex offenders and who is a |
238 | clinical member of the Association for the Treatment of Sexual |
239 | Abusers or has equivalent training and experience. |
240 | Section 3. For the purpose of incorporating the amendment |
241 | to sections 947.1405 and 948.30, Florida Statutes, in references |
242 | thereto, paragraph (b) of subsection (3) of section 775.21, |
243 | Florida Statutes, is reenacted to read: |
244 | 775.21 The Florida Sexual Predators Act.-- |
245 | (3) LEGISLATIVE FINDINGS AND PURPOSE; LEGISLATIVE |
246 | INTENT.-- |
247 | (b) The high level of threat that a sexual predator |
248 | presents to the public safety, and the long-term effects |
249 | suffered by victims of sex offenses, provide the state with |
250 | sufficient justification to implement a strategy that includes: |
251 | 1. Incarcerating sexual predators and maintaining adequate |
252 | facilities to ensure that decisions to release sexual predators |
253 | into the community are not made on the basis of inadequate |
254 | space. |
255 | 2. Providing for specialized supervision of sexual |
256 | predators who are in the community by specially trained |
257 | probation officers with low caseloads, as described in ss. |
258 | 947.1405(7) and 948.30. The sexual predator is subject to |
259 | specified terms and conditions implemented at sentencing or at |
260 | the time of release from incarceration, with a requirement that |
261 | those who are financially able must pay all or part of the costs |
262 | of supervision. |
263 | 3. Requiring the registration of sexual predators, with a |
264 | requirement that complete and accurate information be maintained |
265 | and accessible for use by law enforcement authorities, |
266 | communities, and the public. |
267 | 4. Providing for community and public notification |
268 | concerning the presence of sexual predators. |
269 | 5. Prohibiting sexual predators from working with |
270 | children, either for compensation or as a volunteer. |
271 | Section 4. This act shall take effect July 1, 2005. |