Senate Bill sb1354e1

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    CS for SB 1354                           First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to sexual offenders; amending

  3         ss. 947.005 and 948.001, F.S.; defining terms;

  4         amending ss. 947.1405 and 948.30, F.S.;

  5         prohibiting a sex offender from having contact

  6         with a child younger than 18; providing an

  7         exception; providing that the Parole Commission

  8         or a court may approve a sex offender having

  9         supervised contact with a child younger than 18

10         under specified conditions; directing the

11         Department of Health to prepare and maintain a

12         list of "qualified practitioners"; requiring a

13         court and the commission to use qualified

14         practitioners on the department list to prepare

15         risk assessments; specifying that qualified

16         practitioners must meet the rule requirements

17         specified by their respective licensing boards;

18         prohibiting a sex offender from accessing or

19         using the Internet or other computer services

20         without an approved safety plan; reenacting s.

21         775.21(3)(b), F.S., relating to the threat to

22         public safety by sexual offenders, to

23         incorporate the amendments made to s. 947.1405,

24         F.S., in a reference thereto; providing an

25         effective date.

26  

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

28  

29         Section 1.  Section 947.005, Florida Statutes, is

30  amended to read:

31  


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    CS for SB 1354                           First Engrossed (ntc)



 1         947.005  Definitions.--As used in this chapter, unless

 2  the context clearly indicates otherwise:

 3         (1)  "Commission" means the Parole Commission.

 4         (2)  "Department" means the Department of Corrections.

 5         (3)  "Secretary" means the Secretary of Corrections.

 6         (4)  "Presumptive parole release date" means the

 7  tentative parole release date as determined by objective

 8  parole guidelines.

 9         (5)  "Effective parole release date" means the actual

10  parole release date as determined by the presumptive parole

11  release date, satisfactory institutional conduct, and an

12  acceptable parole plan.

13         (6)  "Tentative release date" means the date projected

14  for the prisoner's release from custody by virtue of gain-time

15  granted or forfeited pursuant to s. 944.275(3)(a).

16         (7)  "Provisional release date" means the date

17  projected for the prisoner's release from custody as

18  determined pursuant to s. 944.277.

19         (8)  "Authority" means the Control Release Authority.

20         (9) "Qualified practitioner" means a psychiatrist

21  licensed under chapter 458 or chapter 459, a psychologist

22  licensed under chapter 490, or a social worker, a mental

23  health counselor, or a marriage and family therapist licensed

24  under chapter 491 who, as determined by rule of the respective

25  boards, has the coursework, training, qualifications, and

26  experience to evaluate and treat sex offenders.

27         (10)  "Risk assessment" means an assessment completed

28  by an independent qualified practitioner to evaluate the level

29  of risk associated when a sex offender has contact with a

30  child.

31  


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    CS for SB 1354                           First Engrossed (ntc)



 1         (11)  "Safety plan" means a written document prepared

 2  by the qualified practitioner, in collaboration with the sex

 3  offender, the child's parent or legal guardian, and, when

 4  appropriate, the child, which establishes clear roles and

 5  responsibilities for each individual involved in any contact

 6  between the child and the sex offender.

 7         Section 2.  Paragraph (a) of subsection (7) of section

 8  947.1405, Florida Statutes, is amended to read:

 9         947.1405  Conditional release program.--

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

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

12  previously convicted of a crime committed on or after October

13  1, 1995, in violation of chapter 794, s. 800.04, s. 827.071,

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

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

16  imposed, the following special conditions imposed by the

17  commission:

18         1.  A mandatory curfew from 10 p.m. to 6 a.m. The

19  commission may designate another 8-hour period if the

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

21  such alternative is recommended by the Department of

22  Corrections. If the commission determines that imposing a

23  curfew would endanger the victim, the commission may consider

24  alternative sanctions.

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

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

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

28  or other place where children regularly congregate. A releasee

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

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

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


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    CS for SB 1354                           First Engrossed (ntc)



 1  department may not approve a residence that is located within

 2  1,000 feet of a school, day care center, park, playground,

 3  designated school bus stop, or other place where children

 4  regularly congregate for any releasee who is subject to this

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

 6  each affected school district of the location of the residence

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

 8  releasee relocates to a new residence, shall notify any

 9  affected school district of the residence of the releasee

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

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

12  existing residence of such releasee, the district school board

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

14  2004, a district school board may not establish or relocate a

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

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

17  the district school board to comply with this subparagraph

18  shall not result in a violation of conditional release

19  supervision.

20         3.  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 releasee's own expense. If a qualified

24  practitioner specially trained therapist is not available

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

26  offender shall participate in other appropriate therapy.

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

28  directly or indirectly, including through a third person,

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

30  the sentencing court.

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    CS for SB 1354                           First Engrossed (ntc)



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

 2  prohibition against direct contact or association with

 3  children under the age of 18 without review and approval by

 4  the commission. The commission may approve supervised contact

 5  with a child under the age of 18 if the approval is based upon

 6  a recommendation for contact issued by a qualified

 7  practitioner who is basing the recommendation on a risk

 8  assessment. Further, the sex offender must be currently

 9  enrolled in or have successfully completed a sex offender

10  therapy program. The commission may not grant supervised

11  contact with a child if the contact is not recommended by a

12  qualified practitioner and may deny supervised contact with a

13  child at any time. When considering whether to approve

14  supervised contact with a child, the commission must review

15  and consider the following:

16         a.  A risk assessment completed by a qualified

17  practitioner. The qualified practitioner must prepare a

18  written report that must include the findings of the

19  assessment and address each of the following components:

20         (I)  The sex offender's current legal status;

21         (II)  The sex offender's history of adult charges with

22  apparent sexual motivation;

23         (III)  The sex offender's history of adult charges

24  without apparent sexual motivation;

25         (IV)  The sex offender's history of juvenile charges,

26  whenever available;

27         (V)  The sex offender's offender treatment history,

28  including a consultation from the sex offender's treating, or

29  most recent treating, therapist;

30         (VI)  The sex offender's current mental status;

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    CS for SB 1354                           First Engrossed (ntc)



 1         (VII)  The sex offender's mental health and

 2  substance-abuse history as provided by the Department of

 3  Corrections;

 4         (VIII)  The sex offender's personal, social, education,

 5  and work history;

 6         (IX)  The results of current psychological testing of

 7  the sex offender if determined necessary by the qualified

 8  practitioner;

 9         (X)  A description of the proposed contact, including

10  the location, frequency, duration, and supervisory

11  arrangement;

12         (XI)  The child's preference and relative comfort level

13  with the proposed contact, when age-appropriate;

14         (XII)  The parent's or legal guardian's preference

15  regarding the proposed contact; and

16         (XIII)  The qualified practitioner's opinion, along

17  with the basis for that opinion, as to whether the proposed

18  contact would likely pose significant risk of emotional or

19  physical harm to the child.

20  

21  The written report of the assessment must be given to the

22  commission.

23         b.  A recommendation made as a part of the

24  risk-assessment report as to whether supervised contact with

25  the child should be approved;

26         c.  A written consent signed by the child's parent or

27  legal guardian, if the parent or legal guardian is not the sex

28  offender, agreeing to the sex offender having supervised

29  contact with the child after receiving full disclosure of the

30  sex offender's present legal status, past criminal history,

31  and the results of the risk assessment. The commission may not


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    CS for SB 1354                           First Engrossed (ntc)



 1  approve contact with the child if the parent or legal guardian

 2  refuses to give written consent for supervised contact;

 3         d.  A safety plan prepared by the qualified

 4  practitioner, who provides treatment to the offender, in

 5  collaboration with the sex offender, the child's parent or

 6  legal guardian, and the child, when age appropriate, which

 7  details the acceptable conditions of contact between the sex

 8  offender and the child. The safety plan must be reviewed and

 9  approved by the Department of Corrections before being

10  submitted to the commission; and

11         e.  Evidence that the child's parent or legal guardian,

12  if the parent or legal guardian is not the sex offender,

13  understands the need for and agrees to the safety plan and has

14  agreed to provide, or to designate another adult to provide,

15  constant supervision any time the child is in contact with the

16  offender. until all of the following conditions are met:

17         a.  Successful completion of a sex offender treatment

18  program.

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

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

21  crime.

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

23  association with the child.

24         d.  Such adult person has been approved by the

25  commission.

26  

27  

28  The commission may not appoint a person to conduct a risk

29  assessment and may not accept a risk assessment from a person

30  who has not demonstrated to the commission that he or she has

31  


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    CS for SB 1354                           First Engrossed (ntc)



 1  met the requirements of a qualified practitioner as defined in

 2  this section.

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

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

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

 6  regularly congregate, as prescribed by the commission.

 7         7.  Unless otherwise indicated in the treatment plan

 8  provided by the sexual offender treatment program, a

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

10  pornographic, or sexually stimulating visual or auditory

11  material, including telephone, electronic media, computer

12  programs, or computer services that are relevant to the

13  offender's deviant behavior pattern.

14         8.  Effective for a releasee whose crime is committed

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

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

17  offender treatment program, after a risk assessment is

18  completed, approves and implements a safety plan for the

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

20  services.

21         9.8.  A requirement that the releasee must submit two

22  specimens of blood to the Florida Department of Law

23  Enforcement to be registered with the DNA database.

24         10.9.  A requirement that the releasee make restitution

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

26  commission, for all necessary medical and related professional

27  services relating to physical, psychiatric, and psychological

28  care.

29         11.10.  Submission to a warrantless search by the

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

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


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    CS for SB 1354                           First Engrossed (ntc)



 1         Section 3.  Present subsections (6) and (7) of section

 2  948.001, Florida Statutes, are redesignated as subsections (9)

 3  and (10), respectively, and new subsections (6), (7), and (8)

 4  are added to that section, to read:

 5         948.001  Definitions.--As used in this chapter, the

 6  term:

 7         (6)  "Qualified practitioner" means a psychiatrist

 8  licensed under chapter 458 or chapter 459, a psychologist

 9  licensed under chapter 490, or a social worker, a mental

10  health counselor, or a marriage and family therapist licensed

11  under chapter 491 who, as determined by rule of the respective

12  boards, has the coursework, training, qualifications, and

13  experience to evaluate and treat sex offenders.

14         (7)  "Risk assessment" means an assessment completed by

15  an independent qualified practitioner to evaluate the level of

16  risk associated when a sex offender has contact with a child.

17         (8)  "Safety plan" means a written document prepared by

18  the qualified practitioner, in collaboration with the sex

19  offender, the child's parent or legal guardian, and, when

20  appropriate, the child which establishes clear roles and

21  responsibilities for each individual involved in any contact

22  between the child and the sex offender.

23         Section 4.  Subsection (1) of section 948.30, Florida

24  Statutes, is amended to read:

25         948.30  Additional terms and conditions of probation or

26  community control for certain sex offenses.--Conditions

27  imposed pursuant to this section do not require oral

28  pronouncement at the time of sentencing and shall be

29  considered standard conditions of probation or community

30  control for offenders specified in this section.

31  


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    CS for SB 1354                           First Engrossed (ntc)



 1         (1)  Effective for probationers or community

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

 3  1995, and who are placed under supervision for violation of

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

 5  must impose the following conditions in addition to all other

 6  standard and special conditions imposed:

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

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

 9  employment precludes the above specified time, and the such

10  alternative is recommended by the Department of Corrections.

11  If the court determines that imposing a curfew would endanger

12  the victim, the court may consider alternative sanctions.

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

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

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

16  regularly congregate, as prescribed by the court. The

17  1,000-foot distance shall be measured in a straight line from

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

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

20  place where children congregate. The distance may not be

21  measured by a pedestrian route or automobile route.

22         (c)  Active participation in and successful completion

23  of a sex offender treatment program with qualified

24  practitioners therapists specifically trained to treat sex

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

26  expense. If a qualified practitioner specially trained

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

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

29  offender shall participate in other appropriate therapy.

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

31  directly or indirectly, including through a third person,


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    CS for SB 1354                           First Engrossed (ntc)



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

 2  the sentencing court.

 3         (e)  If the victim was under the age of 18, a

 4  prohibition, until successful completion of a sex offender

 5  treatment program, on unsupervised contact with a child under

 6  the age of 18 except as provided in this paragraph, unless

 7  authorized by the sentencing court without another adult

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

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

10  The court may approve supervised contact with a child under

11  the age of 18 if the approval is based upon a recommendation

12  for contact issued by a qualified practitioner who is basing

13  the recommendation on a risk assessment. Further, the sex

14  offender must be currently enrolled in or have successfully

15  completed a sex offender therapy program. The court may not

16  grant supervised contact with a child if the contact is not

17  recommended by a qualified practitioner and may deny

18  supervised contact with a child at any time. When considering

19  whether to approve supervised contact with a child, the court

20  must review and consider the following:

21         1.  A risk assessment completed by a qualified

22  practitioner. The qualified practitioner must prepare a

23  written report that must include the findings of the

24  assessment and address each of the following components:

25         a.  The sex offender's current legal status;

26         b.  The sex offender's history of adult charges with

27  apparent sexual motivation;

28         c.  The sex offender's history of adult charges without

29  apparent sexual motivation;

30         d.  The sex offender's history of juvenile charges,

31  whenever available;


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    CS for SB 1354                           First Engrossed (ntc)



 1         e.  The sex offender's offender treatment history,

 2  including consultations with the sex offender's treating, or

 3  most recent treating, therapist;

 4         f.  The sex offender's current mental status;

 5         g.  The sex offender's mental health and

 6  substance-abuse-treatment history as provided by the

 7  Department of Corrections;

 8         h.  The sex offender's personal, social, education, and

 9  work history;

10         i.  The results of current psychological testing of the

11  sex offender if determined necessary by the qualified

12  practitioner;

13         j.  A description of the proposed contact, including

14  the location, frequency, duration, and supervisory

15  arrangement;

16         k.  The child's preference and relative comfort level

17  with the proposed contact, when age-appropriate;

18         l.  The parent's or legal guardian's preference

19  regarding the proposed contact; and

20         m.  The qualified practitioner's opinion, along with

21  the basis for that opinion, as to whether the proposed contact

22  would likely pose significant risk of emotional or physical

23  harm to the child.

24  

25  The written report of the assessment must be given to the

26  court.

27         2.  A recommendation made as a part of the risk

28  assessment report as to whether supervised contact with the

29  child should be approved;

30         3.  A written consent signed by the child's parent or

31  legal guardian, if the parent or legal guardian is not the sex


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    CS for SB 1354                           First Engrossed (ntc)



 1  offender, agreeing to the sex offender having supervised

 2  contact with the child after receiving full disclosure of the

 3  sex offender's present legal status, past criminal history,

 4  and the results of the risk assessment. The court may not

 5  approve contact with the child if the parent or legal guardian

 6  refuses to give written consent for supervised contact.

 7         4.  A safety plan prepared by the qualified

 8  practitioner, who provides treatment to the offender, in

 9  collaboration with the sex offender, the child's parent or

10  legal guardian, if the parent or legal guardian is not the sex

11  offender, and the child, when age appropriate, which details

12  the acceptable conditions of contact between the sex offender

13  and the child. The safety plan must be reviewed and approved

14  by the court; and

15         5.  Evidence that the child's parent or legal guardian

16  understands the need for and agrees to the safety plan and has

17  agreed to provide, or to designate another adult to provide,

18  constant supervision any time the child is in contact with the

19  offender.

20  

21  The court may not appoint a person to conduct a risk

22  assessment and may not accept a risk assessment from a person

23  who has not demonstrated to the court that he or she has met

24  the requirements of a qualified practitioner as defined in

25  this section.

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

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

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

29  regularly congregate, including, but not limited to, schools,

30  day care centers, parks, playgrounds, pet stores, libraries,

31  zoos, theme parks, and malls.


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    CS for SB 1354                           First Engrossed (ntc)



 1         (g)  Unless otherwise indicated in the treatment plan

 2  provided by the sexual offender treatment program, a

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

 4  obscene, pornographic, or sexually stimulating visual or

 5  auditory material, including telephone, electronic media,

 6  computer programs, or computer services that are relevant to

 7  the offender's deviant behavior pattern.

 8         (h)  Effective for probationers and community

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

10  a prohibition on accessing the Internet or other computer

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

12  after a risk assessment is completed, approves and implements

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

14  Internet or other computer services.

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

16  controllee must submit a specimen of blood or other approved

17  biological specimen to the Department of Law Enforcement to be

18  registered with the DNA data bank.

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

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

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

22  professional services relating to physical, psychiatric, and

23  psychological care.

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

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

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

27         Section 5.  For the purpose of incorporating the

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

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

30  775.21, Florida Statutes, is reenacted to read:

31         775.21  The Florida Sexual Predators Act.--


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    CS for SB 1354                           First Engrossed (ntc)



 1         (3)  LEGISLATIVE FINDINGS AND PURPOSE; LEGISLATIVE

 2  INTENT.--

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

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

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

 6  sufficient justification to implement a strategy that

 7  includes:

 8         1.  Incarcerating sexual predators and maintaining

 9  adequate facilities to ensure that decisions to release sexual

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

11  inadequate space.

12         2.  Providing for specialized supervision of sexual

13  predators who are in the community by specially trained

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

15  947.1405(7) and 948.30. The sexual predator is subject to

16  specified terms and conditions implemented at sentencing or at

17  the time of release from incarceration, with a requirement

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

19  the costs of supervision.

20         3.  Requiring the registration of sexual predators,

21  with a requirement that complete and accurate information be

22  maintained and accessible for use by law enforcement

23  authorities, communities, and the public.

24         4.  Providing for community and public notification

25  concerning the presence of sexual predators.

26         5.  Prohibiting sexual predators from working with

27  children, either for compensation or as a volunteer.

28         Section 6.  This act shall take effect January 1, 2006.

29  

30  

31  


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