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:
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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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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
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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.
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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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