Senate Bill sb1354

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    Florida Senate - 2005                                  SB 1354

    By Senator Fasano





    11-676B-05

  1                      A bill to be entitled

  2         An act relating to sexual offenders; amending

  3         ss. 947.1405 and 948.30, F.S.; prohibiting a

  4         sex offender from having contact with a child

  5         younger than 18; providing an exception;

  6         providing that the Parole Commission or a court

  7         may approve a sex offender having supervised

  8         contact with a child younger than 18 under

  9         specified conditions; prohibiting a sex

10         offender from accessing or using the Internet

11         or other computer services without an approved

12         safety plan; reenacting s. 775.21(3)(b), F.S.,

13         relating to the threat to public safety by

14         sexual offenders, to incorporate the amendments

15         made to s. 947.1405, F.S., in a reference

16         thereto; providing an effective date.

17  

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

19  

20         Section 1.  Paragraph (a) of subsection (7) of section

21  947.1405, Florida Statutes, is amended to read:

22         947.1405  Conditional release program.--

23         (7)(a)  Any inmate who is convicted of a crime

24  committed on or after October 1, 1995, or who has been

25  previously convicted of a crime committed on or after October

26  1, 1995, in violation of chapter 794, s. 800.04, s. 827.071,

27  or s. 847.0145, and is subject to conditional release

28  supervision, shall have, in addition to any other conditions

29  imposed, the following special conditions imposed by the

30  commission:

31  

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    Florida Senate - 2005                                  SB 1354
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 1         1.  A mandatory curfew from 10 p.m. to 6 a.m. The

 2  commission may designate another 8-hour period if the

 3  offender's employment precludes the above specified time, and

 4  such alternative is recommended by the Department of

 5  Corrections. If the commission determines that imposing a

 6  curfew would endanger the victim, the commission may consider

 7  alternative sanctions.

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

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

10  center, park, playground, designated public school bus stop,

11  or other place where children regularly congregate. A releasee

12  who is subject to this subparagraph may not relocate to a

13  residence that is within 1,000 feet of a public school bus

14  stop. Beginning October 1, 2004, the commission or the

15  department may not approve a residence that is located within

16  1,000 feet of a school, day care center, park, playground,

17  designated school bus stop, or other place where children

18  regularly congregate for any releasee who is subject to this

19  subparagraph. On October 1, 2004, the department shall notify

20  each affected school district of the location of the residence

21  of a releasee 30 days prior to release and thereafter, if the

22  releasee relocates to a new residence, shall notify any

23  affected school district of the residence of the releasee

24  within 30 days after relocation. If, on October 1, 2004, any

25  public school bus stop is located within 1,000 feet of the

26  existing residence of such releasee, the district school board

27  shall relocate that school bus stop. Beginning October 1,

28  2004, a district school board may not establish or relocate a

29  public school bus stop within 1,000 feet of the residence of a

30  releasee who is subject to this subparagraph. The failure of

31  the district school board to comply with this subparagraph

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    Florida Senate - 2005                                  SB 1354
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 1  shall not result in a violation of conditional release

 2  supervision.

 3         3.  Active participation in and successful completion

 4  of a sex offender treatment program with qualified

 5  practitioners therapists specifically trained to treat sex

 6  offenders, at the releasee's own expense. If a qualified

 7  practitioner specially trained therapist is not available

 8  within a 50-mile radius of the releasee's residence, the

 9  offender shall participate in other appropriate therapy.

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

11  directly or indirectly, including through a third person,

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

13  the sentencing court.

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

15  prohibition against direct contact or association with

16  children under the age of 18 except as provided in this

17  paragraph. The commission may approve supervised contact with

18  a child under the age of 18 if:

19         a.  A risk assessment has been completed by a qualified

20  practitioner at the offender's sex offender treatment program;

21         b.  Before supervised contact begins, the adult who is

22  responsible for the child's welfare collaborates with the

23  qualified practitioner to develop and implement a safety plan

24  that details the acceptable conditions of contact between the

25  offender and the child;

26         c.  Supervised contact with the child is recommended by

27  the qualified practitioner at the offender's sex offender

28  treatment program;

29         d.  The commission approves the adult who is

30  responsible for the child's welfare and who has agreed to

31  supervise the child any time the offender is with the child;

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    Florida Senate - 2005                                  SB 1354
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 1         e.  The commission determines that the supervised

 2  contact is in the best interest of the child and does not pose

 3  an undue risk to the child; and

 4         f.  The adult who has been approved by the commission

 5  understands that he or she must supervise the child any time

 6  the offender is with the child. until all of the following

 7  conditions are met:

 8         a.  Successful completion of a sex offender treatment

 9  program.

10         b.  The adult person who is legally responsible for the

11  welfare of the child has been advised of the nature of the

12  crime.

13         c.  Such adult person is present during all contact or

14  association with the child.

15         d.  Such adult person has been approved by the

16  commission.

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

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

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

20  regularly congregate, as prescribed by the commission.

21         7.  Unless otherwise indicated in the treatment plan

22  provided by the sexual offender treatment program, a

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

24  pornographic, or sexually stimulating visual or auditory

25  material, including telephone, electronic media, computer

26  programs, or computer services that are relevant to the

27  offender's deviant behavior pattern.

28         8.  Effective for a releasee whose crime is committed

29  on or after July 1, 2005, a prohibition on accessing the

30  Internet or other computer services until the offender's sex

31  offender treatment program, after a risk assessment is

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    Florida Senate - 2005                                  SB 1354
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 1  completed, approves and implements a safety plan for the

 2  offender's accessing or using the Internet or other computer

 3  services.

 4         9.8.  A requirement that the releasee must submit two

 5  specimens of blood to the Florida Department of Law

 6  Enforcement to be registered with the DNA database.

 7         10.9.  A requirement that the releasee make restitution

 8  to the victim, as determined by the sentencing court or the

 9  commission, for all necessary medical and related professional

10  services relating to physical, psychiatric, and psychological

11  care.

12         11.10.  Submission to a warrantless search by the

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

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

15  

16  As used in this paragraph, the term "qualified practitioner"

17  means a therapist licensed under s. 490.0141 or s. 491.0143,

18  or holding equivalent licensure in another state, who is

19  specially trained to evaluate and treat sex offenders and who

20  is a clinical member of the Association for the Treatment of

21  Sexual Abusers or has equivalent training and experience.

22         Section 2.  Subsection (1) of section 948.30, Florida

23  Statutes, is amended to read:

24         948.30  Additional terms and conditions of probation or

25  community control for certain sex offenses.--Conditions

26  imposed pursuant to this section do not require oral

27  pronouncement at the time of sentencing and shall be

28  considered standard conditions of probation or community

29  control for offenders specified in this section.

30         (1)  Effective for probationers or community

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

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    Florida Senate - 2005                                  SB 1354
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 1  1995, and who are placed under supervision for violation of

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

 3  must impose the following conditions in addition to all other

 4  standard and special conditions imposed:

 5         (a)  A mandatory curfew from 10 p.m. to 6 a.m. The

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

 7  employment precludes the above specified time, and the such

 8  alternative is recommended by the Department of Corrections.

 9  If the court determines that imposing a curfew would endanger

10  the victim, the court may consider alternative sanctions.

11         (b)  If the victim was under the age of 18, a

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

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

14  regularly congregate, as prescribed by the court. The

15  1,000-foot distance shall be measured in a straight line from

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

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

18  place where children congregate. The distance may not be

19  measured by a pedestrian route or automobile route.

20         (c)  Active participation in and successful completion

21  of a sex offender treatment program with qualified

22  practitioners therapists specifically trained to treat sex

23  offenders, at the probationer's or community controllee's own

24  expense. If a qualified practitioner specially trained

25  therapist is not available within a 50-mile radius of the

26  probationer's or community controllee's residence, the

27  offender shall participate in other appropriate therapy.

28         (d)  A prohibition on any contact with the victim,

29  directly or indirectly, including through a third person,

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

31  the sentencing court.

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    Florida Senate - 2005                                  SB 1354
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 1         (e)  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 except as provided in this paragraph, unless

 5  authorized by the sentencing court without another adult

 6  present who is responsible for the child's welfare, has been

 7  advised of the crime, and is approved by the sentencing court.

 8  The court may approve supervised contact with a child under

 9  the age of 18 if:

10         1.  A risk assessment has been completed by the

11  qualified practitioner at the offender's sex offender

12  treatment program;

13         2.  Before supervised contact begins, the adult who is

14  responsible for the child's welfare collaborates with the

15  qualified practitioner to develop and implement a safety plan

16  that details the acceptable conditions of contact between the

17  offender and the child;

18         3.  Supervised contact with the child is recommended by

19  the qualified practitioner at the offender's sex offender

20  treatment program;

21         4.  The court approves the adult who is responsible for

22  the child's welfare and who has agreed to supervise the child

23  any time the offender is with the child;

24         5.  The court determines that the supervised contact is

25  in the best interest of the child and does not pose an undue

26  risk to the child; and

27         6.  The adult who has been approved by the court

28  understands that he or she must supervise the child any time

29  the offender is with the child.

30         (f)  If the victim was under age 18, a prohibition on

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

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    Florida Senate - 2005                                  SB 1354
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 1  center, park, playground, or other place where children

 2  regularly congregate.

 3         (g)  Unless otherwise indicated in the treatment plan

 4  provided by the sexual offender treatment program, a

 5  prohibition on viewing, accessing, owning, or possessing any

 6  obscene, pornographic, or sexually stimulating visual or

 7  auditory material, including telephone, electronic media,

 8  computer programs, or computer services that are relevant to

 9  the offender's deviant behavior pattern.

10         (h)  Effective for probationers and community

11  controllees whose crime is committed on or after July 1, 2005,

12  a prohibition on accessing the Internet or other computer

13  services until the offender's sex offender treatment program,

14  after a risk assessment is completed, approves and implements

15  a safety plan for the offender's accessing or using the

16  Internet or other computer services.

17         (i)(h)  A requirement that the probationer or community

18  controllee must submit a specimen of blood or other approved

19  biological specimen to the Department of Law Enforcement to be

20  registered with the DNA data bank.

21         (j)(i)  A requirement that the probationer or community

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

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

24  professional services relating to physical, psychiatric, and

25  psychological care.

26         (k)(j)  Submission to a warrantless search by the

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

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

29  

30  As used in this subsection, the term "qualified practitioner"

31  means a therapist licensed under s. 490.0141 or s. 491.0143,

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    Florida Senate - 2005                                  SB 1354
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 1  or holding equivalent licensure in another state, who is

 2  specially trained to evaluate and treat sex offenders and who

 3  is a clinical member of the Association for the Treatment of

 4  Sexual Abusers or has equivalent training and experience.

 5         Section 3.  For the purpose of incorporating the

 6  amendments made to section 947.1405, Florida Statutes, in a

 7  reference thereto, paragraph (b) of subsection (3) of section

 8  775.21, Florida Statutes, is reenacted to read:

 9         775.21  The Florida Sexual Predators Act.--

10         (3)  LEGISLATIVE FINDINGS AND PURPOSE; LEGISLATIVE

11  INTENT.--

12         (b)  The high level of threat that a sexual predator

13  presents to the public safety, and the long-term effects

14  suffered by victims of sex offenses, provide the state with

15  sufficient justification to implement a strategy that

16  includes:

17         1.  Incarcerating sexual predators and maintaining

18  adequate facilities to ensure that decisions to release sexual

19  predators into the community are not made on the basis of

20  inadequate space.

21         2.  Providing for specialized supervision of sexual

22  predators who are in the community by specially trained

23  probation officers with low caseloads, as described in ss.

24  947.1405(7) and 948.30. The sexual predator is subject to

25  specified terms and conditions implemented at sentencing or at

26  the time of release from incarceration, with a requirement

27  that those who are financially able must pay all or part of

28  the costs of supervision.

29         3.  Requiring the registration of sexual predators,

30  with a requirement that complete and accurate information be

31  

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    Florida Senate - 2005                                  SB 1354
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 1  maintained and accessible for use by law enforcement

 2  authorities, communities, and the public.

 3         4.  Providing for community and public notification

 4  concerning the presence of sexual predators.

 5         5.  Prohibiting sexual predators from working with

 6  children, either for compensation or as a volunteer.

 7         Section 4.  This act shall take effect July 1, 2005.

 8  

 9            *****************************************

10                          SENATE SUMMARY

11    Prohibits a sex offender from having unsupervised contact
      with a child under the age of 18. Provides that the
12    Parole Commission or a court may approve a sex offender
      having supervised contact with a child under the age of
13    18 under specified conditions. Prohibits a sex offender
      from accessing or using the Internet or other computer
14    services without an approved safety plan.

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