HB 1247

CS

CHAMBER ACTION

1	The Justice Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to sexual offenders; amending ss. 947.005
7	and 948.001, F.S.; providing definitions; amending ss.
8	947.1405 and 948.30, F.S.; prohibiting a sex offender from
9	having contact with a child younger than 18; providing an
10	exception; providing that the Parole Commission or a court
11	may approve a sex offender having supervised contact with
12	a child younger than 18 under specified conditions;
13	prohibiting a sex offender from accessing or using the
14	Internet or other computer services without an approved
15	safety plan; amending s. 112.011, F.S.; disqualifying
16	certain offenders from state employment; reenacting s.
17	775.21(3)(b), F.S., relating to the threat to public
18	safety by sexual offenders, to incorporate the amendment
19	made to s. 947.1405, F.S., in a reference thereto;
20	providing an effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1.  Subsections (9), (10), and (11) are added to
25	section 947.005, Florida Statutes, to read:
26	947.005  Definitions.--As used in this chapter, unless the
27	context clearly indicates otherwise:
28	(9)  "Qualified practitioner" means a psychiatrist licensed
29	under chapter 458 or chapter 459, a psychologist licensed under
30	chapter 490, or a social worker, mental health counselor, or
31	marriage and family therapist licensed under chapter 491 who, as
32	determined by rule of the practitioner's respective board, has
33	the coursework, training, qualifications, and experience to
34	evaluate and treat sex offenders.
35	(10)  "Risk assessment" means an assessment completed by an
36	independent qualified practitioner to evaluate the level of risk
37	associated with a sex offender's contact with a child.
38	(11)  "Safety plan" means a written document prepared by
39	the qualified practitioner, in collaboration with the sex
40	offender, the child's parent or legal guardian, and, when
41	appropriate, the child, which establishes clear roles and
42	responsibilities for each individual involved in any contact
43	between the child and the sex offender.
44	Section 2.  Paragraph (a) of subsection (7) of section
45	947.1405, Florida Statutes, is amended to read:
46	947.1405  Conditional release program.--
47	(7)(a)  Any inmate who is convicted of a crime committed on
48	or after October 1, 1995, or who has been previously convicted
49	of a crime committed on or after October 1, 1995, in violation
50	of chapter 794, s. 800.04, s. 827.071, or s. 847.0145, and is
51	subject to conditional release supervision, shall have, in
52	addition to any other conditions imposed, the following special
53	conditions imposed by the commission:
54	1.  A mandatory curfew from 10 p.m. to 6 a.m. The
55	commission may designate another 8-hour period if the offender's
56	employment precludes the above specified time, and such
57	alternative is recommended by the Department of Corrections. If
58	the commission determines that imposing a curfew would endanger
59	the victim, the commission may consider alternative sanctions.
60	2.  If the victim was under the age of 18, a prohibition on
61	living within 1,000 feet of a school, day care center, park,
62	playground, designated public school bus stop, or other place
63	where children regularly congregate. A releasee who is subject
64	to this subparagraph may not relocate to a residence that is
65	within 1,000 feet of a public school bus stop. Beginning October
66	1, 2004, the commission or the department may not approve a
67	residence that is located within 1,000 feet of a school, day
68	care center, park, playground, designated school bus stop, or
69	other place where children regularly congregate for any releasee
70	who is subject to this subparagraph. On October 1, 2004, the
71	department shall notify each affected school district of the
72	location of the residence of a releasee 30 days prior to release
73	and thereafter, if the releasee relocates to a new residence,
74	shall notify any affected school district of the residence of
75	the releasee within 30 days after relocation. If, on October 1,
76	2004, any public school bus stop is located within 1,000 feet of
77	the existing residence of such releasee, the district school
78	board shall relocate that school bus stop. Beginning October 1,
79	2004, a district school board may not establish or relocate a
80	public school bus stop within 1,000 feet of the residence of a
81	releasee who is subject to this subparagraph. The failure of the
82	district school board to comply with this subparagraph shall not
83	result in a violation of conditional release supervision.
84	3.  Active participation in and successful completion of a
85	sex offender treatment program with qualified practitioners
86	therapists specifically trained to treat sex offenders, at the
87	releasee's own expense. If a qualified practitioner specially
88	trained therapist is not available within a 50-mile radius of
89	the releasee's residence, the offender shall participate in
90	other appropriate therapy.
91	4.  A prohibition on any contact with the victim, directly
92	or indirectly, including through a third person, unless approved
93	by the victim, the offender's therapist, and the sentencing
94	court.
95	5.  If the victim was under the age of 18, a prohibition
96	against direct contact or association with children under the
97	age of 18 without review and approval by the commission. The
98	commission may approve supervised contact with a child under the
99	age of 18 if the approval is based upon recommendation for
100	contact issued by a qualified practitioner who is basing the
101	recommendation on a risk assessment. Further, the sex offender
102	must be currently enrolled in or have successfully completed a
103	sex offender therapy program. The commission may not grant
104	supervised contact with a child if the contact is not
105	recommended by a qualified practitioner and may deny supervised
106	contact with a child at any time. When considering whether to
107	approve supervised contact with a child, the commission must
108	review and consider the following until all of the following
109	conditions are met:
110	a.  A risk assessment completed by a qualified
111	practitioner. The qualified practitioner must prepare a written
112	report that must include the findings of the assessment and
113	address each of the following components:
114	(I)  The sex offender's current legal status.
115	(II)  The sex offender's history of adult charges with
116	apparent sexual motivation.
117	(III)  The sex offender's history of adult charges without
118	apparent sexual motivation.
119	(IV)  The sex offender's history of juvenile charges,
120	whenever available.
121	(V)  The sex offender's offender treatment history,
122	including consultation with the sex offender's treating, or most
123	recent treating, therapist.
124	(VI)  The sex offender's current mental status.
125	(VII)  The sex offender's mental health and substance abuse
126	treatment history, as provided by the Department of Corrections.
127	(VIII)  The sex offender's personal, social, educational,
128	and work history.
129	(IX)  The results of current psychological testing of the
130	sex offender, if determined necessary by the qualified
131	practitioner.
132	(X)  A description of the proposed contact, including the
133	location, frequency, duration, and supervisory arrangement.
134	(XI)  The child's preference and relative comfort level
135	with the proposed contact, when age appropriate.
136	(XII)  The parent's or legal guardian's preference
137	regarding the proposed contact.
138	(XIII)  The qualified practitioner's opinion, along with
139	the basis for that opinion, as to whether the proposed contact
140	would likely pose significant risk of emotional or physical harm
141	to the child.
142
143	The written report of the assessment must be given to the
144	commission.
145	b.  A recommendation made as a part of the risk-assessment
146	report as to whether supervised contact with the child should be
147	approved.
148	c.  A written consent signed by the child's parent or legal
149	guardian, if the parent or legal guardian is not the sex
150	offender, agreeing to the sex offender's having supervised
151	contact with the child after receiving full disclosure of the
152	sex offender's present legal status, past criminal history, and
153	the results of the risk assessment. The commission may not
154	approve contact with the child if the parent or legal guardian
155	refuses to give written consent for supervised contact.
156	d.  A safety plan prepared by the qualified practitioner
157	who provides treatment to the offender, in collaboration with
158	the sex offender, the child's parent or legal guardian, and the
159	child, when age appropriate, which details the acceptable
160	conditions of contact between the sex offender and the child.
161	The safety plan must be reviewed and approved by the Department
162	of Corrections before being submitted to the commission.
163	e.  Evidence that the child's parent or legal guardian, if
164	the parent or legal guardian is not the sex offender,
165	understands the need for and agrees to the safety plan and has
166	agreed to provide, or to designate another adult to provide,
167	constant supervision any time the child is in contact with the
168	offender.
169
170	The commission may not appoint a person to conduct a risk
171	assessment and may not accept a risk assessment from a person
172	who has not demonstrated to the commission that he or she has
173	met the requirements of a qualified practitioner as defined in
174	this chapter.
175	a.  Successful completion of a sex offender treatment
176	program.
177	b.  The adult person who is legally responsible for the
178	welfare of the child has been advised of the nature of the
179	crime.
180	c.  Such adult person is present during all contact or
181	association with the child.
182	d.  Such adult person has been approved by the commission.
183	6.  If the victim was under age 18, a prohibition on
184	working for pay or as a volunteer at any school, day care
185	center, park, playground, or other place where children
186	regularly congregate, as prescribed by the commission.
187	7.  Unless otherwise indicated in the treatment plan
188	provided by the sexual offender treatment program, a prohibition
189	on viewing, owning, or possessing any obscene, pornographic, or
190	sexually stimulating visual or auditory material, including
191	telephone, electronic media, computer programs, or computer
192	services that are relevant to the offender's deviant behavior
193	pattern.
194	8.  Effective for a releasee whose crime is committed on or
195	after July 1, 2005, a prohibition on accessing the Internet or
196	other computer services until the offender's sex offender
197	treatment program, after a risk assessment is completed,
198	approves and implements a safety plan for the offender's
199	accessing or using the Internet or other computer services.
200	9.8.  A requirement that the releasee must submit two
201	specimens of blood to the Florida Department of Law Enforcement
202	to be registered with the DNA database.
203	10.9.  A requirement that the releasee make restitution to
204	the victim, as determined by the sentencing court or the
205	commission, for all necessary medical and related professional
206	services relating to physical, psychiatric, and psychological
207	care.
208	11.10.  Submission to a warrantless search by the community
209	control or probation officer of the probationer's or community
210	controllee's person, residence, or vehicle.
211	Section 3.  Subsections (6) and (7) of section 948.001,
212	Florida Statutes, are renumbered as subsections (9) and (10),
213	respectively, and new subsections (6), (7), and (8) are added to
214	said section to read:
215	948.001  Definitions.--As used in this chapter, the term:
216	(6)  "Qualified practitioner" means a psychiatrist licensed
217	under chapter 458 or chapter 459, a psychologist licensed under
218	chapter 490, or a social worker, mental health counselor, or
219	marriage and family therapist licensed under chapter 491 who, as
220	determined by rule of the practitioner's respective board, has
221	the coursework, training, qualifications, and experience to
222	evaluate and treat sex offenders.
223	(7)  "Risk assessment" means an assessment completed by an
224	independent qualified practitioner to evaluate the level of risk
225	associated with a sex offender's contact with a child.
226	(8)  "Safety plan" means a written document prepared by the
227	qualified practitioner, in collaboration with the sex offender,
228	the child's parent or legal guardian, and, when appropriate, the
229	child which establishes clear roles and responsibilities for
230	each individual involved in any contact between the child and
231	the sex offender.
232	Section 4.  Subsection (1) of section 948.30, Florida
233	Statutes, is amended to read:
234	948.30  Additional terms and conditions of probation or
235	community control for certain sex offenses.--Conditions imposed
236	pursuant to this section do not require oral pronouncement at
237	the time of sentencing and shall be considered standard
238	conditions of probation or community control for offenders
239	specified in this section.
240	(1)  Effective for probationers or community controllees
241	whose crime was committed on or after October 1, 1995, and who
242	are placed under supervision for violation of chapter 794, s.
243	800.04, s. 827.071, or s. 847.0145, the court must impose the
244	following conditions in addition to all other standard and
245	special conditions imposed:
246	(a)  A mandatory curfew from 10 p.m. to 6 a.m. The court
247	may designate another 8-hour period if the offender's employment
248	precludes the above specified time, and the such alternative is
249	recommended by the Department of Corrections. If the court
250	determines that imposing a curfew would endanger the victim, the
251	court may consider alternative sanctions.
252	(b)  If the victim was under the age of 18, a prohibition
253	on living within 1,000 feet of a school, day care center, park,
254	playground, or other place where children regularly congregate,
255	as prescribed by the court. The 1,000-foot distance shall be
256	measured in a straight line from the offender's place of
257	residence to the nearest boundary line of the school, day care
258	center, park, playground, or other place where children
259	congregate. The distance may not be measured by a pedestrian
260	route or automobile route.
261	(c)  Active participation in and successful completion of a
262	sex offender treatment program with qualified practitioners
263	therapists specifically trained to treat sex offenders, at the
264	probationer's or community controllee's own expense. If a
265	qualified practitioner specially trained therapist is not
266	available within a 50-mile radius of the probationer's or
267	community controllee's residence, the offender shall participate
268	in other appropriate therapy.
269	(d)  A prohibition on any contact with the victim, directly
270	or indirectly, including through a third person, unless approved
271	by the victim, the offender's therapist, and the sentencing
272	court.
273	(e)  If the victim was under the age of 18, a prohibition,
274	until successful completion of a sex offender treatment program,
275	on unsupervised contact with a child under the age of 18 except
276	as provided in this paragraph, unless authorized by the
277	sentencing court without another adult present who is
278	responsible for the child's welfare, has been advised of the
279	crime, and is approved by the sentencing court. The court may
280	approve supervised contact with a child under the age of 18 if
281	the approval is based upon a recommendation for contact issued
282	by a qualified practitioner who is basing the recommendation on
283	a risk assessment. Further, the sex offender must be currently
284	enrolled in or have successfully completed a sex offender
285	therapy program. The court may not grant supervised contact with
286	a child if the contact is not recommended by a qualified
287	practitioner and may deny supervised contact with a child at any
288	time. When considering whether to approve supervised contact
289	with a child, the court must review and consider the following:
290	1.  A risk assessment completed by a qualified
291	practitioner. The qualified practitioner must prepare a written
292	report that must include the findings of the assessment and
293	address each of the following components:
294	a.  The sex offender's current legal status.
295	b.  The sex offender's history of adult charges with
296	apparent sexual motivation.
297	c.  The sex offender's history of adult charges without
298	apparent sexual motivation.
299	d.  The sex offender's history of juvenile charges,
300	whenever available.
301	e.  The sex offender's offender treatment history,
302	including consultation with the sex offender's treating, or most
303	recent treating, therapist.
304	f.  The sex offender's current mental status.
305	g.  The sex offender's mental health and substance abuse
306	treatment history, as provided by the Department of Corrections.
307	h.  The sex offender's personal, social, educational, and
308	work history.
309	i.  The results of current psychological testing of the sex
310	offender if determined necessary by the qualified practitioner.
311	j.  A description of the proposed contact, including the
312	location, frequency, duration, and supervisory arrangement.
313	k.  The child's preference and relative comfort level with
314	the proposed contact, when age appropriate.
315	l.  The parent's or legal guardian's preference regarding
316	the proposed contact.
317	m.  The qualified practitioner's opinion, along with the
318	basis for that opinion, as to whether the proposed contact would
319	likely pose significant risk of emotional or physical harm to
320	the child.
321
322	The written report of the assessment must be given to the court.
323	2.  A recommendation made as a part of the risk assessment
324	report as to whether supervised contact with the child should be
325	approved.
326	3.  A written consent signed by the child's parent or legal
327	guardian, if the parent or legal guardian is not the sex
328	offender, agreeing to the sex offender's having supervised
329	contact with the child after receiving full disclosure of the
330	sex offender's present legal status, past criminal history, and
331	the results of the risk assessment. The court may not approve
332	contact with the child if the parent or legal guardian refuses
333	to give written consent for supervised contact.
334	4.  A safety plan prepared by the qualified practitioner
335	who provides treatment to the offender, in collaboration with
336	the sex offender, the child's parent or legal guardian, if the
337	parent or legal guardian is not the sex offender, and the child,
338	when age appropriate, which details the acceptable conditions of
339	contact between the sex offender and the child. The safety plan
340	must be reviewed and approved by the court.
341	5.  Evidence that the child's parent or legal guardian
342	understands the need for and agrees to the safety plan and has
343	agreed to provide, or to designate another adult to provide,
344	constant supervision any time the child is in contact with the
345	offender.
346
347	The court may not appoint a person to conduct a risk assessment
348	and may not accept a risk assessment from a person who has not
349	demonstrated to the court that he or she has met the
350	requirements of a qualified practitioner as defined in this
351	chapter.
352	(f)  If the victim was under age 18, a prohibition on
353	working for pay or as a volunteer at any school, day care
354	center, park, playground, or other place where children
355	regularly congregate, including, but not limited to, a school,
356	day care center, park, playground, pet store, library, zoo,
357	theme park, and mall.
358	(g)  Unless otherwise indicated in the treatment plan
359	provided by the sexual offender treatment program, a prohibition
360	on viewing, accessing, owning, or possessing any obscene,
361	pornographic, or sexually stimulating visual or auditory
362	material, including telephone, electronic media, computer
363	programs, or computer services that are relevant to the
364	offender's deviant behavior pattern.
365	(h)  Effective for probationers and community controllees
366	whose crime is committed on or after July 1, 2005, a prohibition
367	on accessing the Internet or other computer services until the
368	offender's sex offender treatment program, after a risk
369	assessment is completed, approves and implements a safety plan
370	for the offender's accessing or using the Internet or other
371	computer services.
372	(i)(h)  A requirement that the probationer or community
373	controllee must submit a specimen of blood or other approved
374	biological specimen to the Department of Law Enforcement to be
375	registered with the DNA data bank.
376	(j)(i)  A requirement that the probationer or community
377	controllee make restitution to the victim, as ordered by the
378	court under s. 775.089, for all necessary medical and related
379	professional services relating to physical, psychiatric, and
380	psychological care.
381	(k)(j)  Submission to a warrantless search by the community
382	control or probation officer of the probationer's or community
383	controllee's person, residence, or vehicle.
384	Section 5.  Paragraph (a) of subsection (1) of section
385	112.011, Florida Statutes, is amended to read:
386	112.011  Felons; removal of disqualifications for
387	employment, exceptions.--
388	(1)(a)  Except as provided in s. 775.16, a person shall not
389	be disqualified from employment by the state, any of its
390	agencies or political subdivisions, or any municipality solely
391	because of a prior conviction for a crime. However, a person may
392	be denied employment by the state, any of its agencies or
393	political subdivisions, or any municipality by reason of the
394	prior conviction for a crime if the crime was a felony or first
395	degree misdemeanor and directly related to the position of
396	employment sought. However, any person convicted of, or who had
397	adjudication withheld for, any violation of s. 794.011 or s.
398	800.04 or a violation of a similar law of another jurisdiction
399	shall not be employed by the state.
400	Section 6.  For the purpose of incorporating the amendment
401	made to section 947.1405, Florida Statutes, in a reference
402	thereto, paragraph (b) of subsection (3) of section 775.21,
403	Florida Statutes, is reenacted to read:
404	775.21  The Florida Sexual Predators Act.--
405	(3)  LEGISLATIVE FINDINGS AND PURPOSE; LEGISLATIVE
406	INTENT.--
407	(b)  The high level of threat that a sexual predator
408	presents to the public safety, and the long-term effects
409	suffered by victims of sex offenses, provide the state with
410	sufficient justification to implement a strategy that includes:
411	1.  Incarcerating sexual predators and maintaining adequate
412	facilities to ensure that decisions to release sexual predators
413	into the community are not made on the basis of inadequate
414	space.
415	2.  Providing for specialized supervision of sexual
416	predators who are in the community by specially trained
417	probation officers with low caseloads, as described in ss.
418	947.1405(7) and 948.30. The sexual predator is subject to
419	specified terms and conditions implemented at sentencing or at
420	the time of release from incarceration, with a requirement that
421	those who are financially able must pay all or part of the costs
422	of supervision.
423	3.  Requiring the registration of sexual predators, with a
424	requirement that complete and accurate information be maintained
425	and accessible for use by law enforcement authorities,
426	communities, and the public.
427	4.  Providing for community and public notification
428	concerning the presence of sexual predators.
429	5.  Prohibiting sexual predators from working with
430	children, either for compensation or as a volunteer.
431	Section 7.  This act shall take effect January 1, 2006.

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