HB 1247

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
16	Be It Enacted by the Legislature of the State of Florida:
17
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
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
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.

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