| 1 | The Justice Appropriations Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to sexual predators and sexual offenders; |
| 7 | providing a popular name; amending s. 216.136, F.S.; |
| 8 | assigning an additional responsibility to the Criminal |
| 9 | Justice Estimating Conference; amending s. 775.082, F.S.; |
| 10 | requiring lifetime electronic monitoring for certain |
| 11 | offenders; creating s. 775.0821, F.S.; creating a felony |
| 12 | offense for removing or tampering with a lifetime |
| 13 | electronic monitoring device; providing criminal |
| 14 | penalties; amending s. 775.21, F.S.; revising criteria for |
| 15 | sexual predator designation; extending period for petition |
| 16 | to remove sexual predator designation; creating s. |
| 17 | 775.235, F.S.; prohibiting the harboring of a sexual |
| 18 | predator or sexual offender; providing criminal penalties; |
| 19 | amending s. 921.141, F.S.; creating an aggravating |
| 20 | circumstance pertaining to sexual predators for purposes |
| 21 | of imposing the death penalty; amending s. 947.1405, F.S.; |
| 22 | requiring sexual offenders and sexual predators on |
| 23 | conditional release to be placed on electronic monitoring; |
| 24 | requiring the Parole Commission to order sexual offenders |
| 25 | and sexual predators on conditional release to be returned |
| 26 | to prison until expiration of sentence for any material |
| 27 | violation of supervision; creating s. 947.1406, F.S.; |
| 28 | providing requirements for electronic monitoring of sexual |
| 29 | offenders and sexual predators on conditional release; |
| 30 | amending s. 948.06, F.S.; requiring electronic monitoring |
| 31 | for any violation of probation or community control |
| 32 | supervision by certain offenders and sexual predators; |
| 33 | amending s. 948.11, F.S.; providing requirements for |
| 34 | electronic monitoring of sexual offenders and sexual |
| 35 | predators on community control or probation; amending s. |
| 36 | 948.30, F.S.; requiring sexual offenders and sexual |
| 37 | predators on community control or probation to be placed |
| 38 | on electronic monitoring; providing for severability; |
| 39 | providing an effective date. |
| 40 |
|
| 41 | Be It Enacted by the Legislature of the State of Florida: |
| 42 |
|
| 43 | Section 1. This act may be cited as the "Jessica Lunsford |
| 44 | Act." |
| 45 | Section 2. Paragraph (a) of subsection (5) of section |
| 46 | 216.136, Florida Statutes, is amended to read: |
| 47 | 216.136 Consensus estimating conferences; duties and |
| 48 | principals.-- |
| 49 | (5) CRIMINAL JUSTICE ESTIMATING CONFERENCE.-- |
| 50 | (a) Duties.--The Criminal Justice Estimating Conference |
| 51 | shall: |
| 52 | 1. Develop such official information relating to the |
| 53 | criminal justice system, including forecasts of prison |
| 54 | admissions and population and of supervised felony offender |
| 55 | admissions and population, as the conference determines is |
| 56 | needed for the state planning and budgeting system. |
| 57 | 2. Develop such official information relating to the |
| 58 | number of eligible discharges and the projected number of civil |
| 59 | commitments for determining space needs pursuant to the civil |
| 60 | proceedings provided under part V of chapter 394. |
| 61 | 3. Develop official information relating to the number of |
| 62 | sexual offenders and sexual predators who are required by law to |
| 63 | be placed on community control, probation, or conditional |
| 64 | release. |
| 65 | Section 3. Subsection (10) of section 775.082, Florida |
| 66 | Statutes, is renumbered as subsection (11), and a new subsection |
| 67 | (10) is added to said section, to read: |
| 68 | 775.082 Penalties; applicability of sentencing structures; |
| 69 | mandatory minimum sentences for certain reoffenders previously |
| 70 | released from prison.-- |
| 71 | (10)(a) Any defendant convicted of any of the following |
| 72 | offenses shall, in addition to any other penalty provided by |
| 73 | law, be subject to electronic monitoring supervised by the |
| 74 | Department of Corrections for the remainder of his or her |
| 75 | natural life: |
| 76 | 1. Section 787.01(3), relating to kidnapping a child under |
| 77 | age 13. |
| 78 | 2. Section 787.02(3), relating to false imprisonment of a |
| 79 | child under age 13. |
| 80 | 3. Section 787.025, relating to luring or enticing a |
| 81 | child. |
| 82 | 4. Section 794.011(2), (3), (4), or (8), relating to |
| 83 | sexual battery. |
| 84 | 5. Section 800.04(4), relating to lewd or lascivious |
| 85 | battery. |
| 86 | (b) Any defendant convicted of the following offenses: |
| 87 | 1. Section 800.04(5), relating to lewd or lascivious |
| 88 | molestation; |
| 89 | 2. Section 787.01(3), relating to kidnapping; |
| 90 | 3. Section 794.011(5), relating to sexual battery; or |
| 91 | 4. Section 825.1025(2), relating to lewd or lascivious |
| 92 | battery on an elderly person, |
| 93 |
|
| 94 | shall, in addition to any other penalty provided by law, be |
| 95 | subject to electronic monitoring supervised by the Department of |
| 96 | Corrections for the remainder of the defendant's natural life if |
| 97 | the court determines that the defendant has been previously |
| 98 | convicted for any violation of s. 800.04, s. 794.011, s. 787.01, |
| 99 | s. 787.02, s. 787.025, or s. 825.1025, or any burglary of a |
| 100 | dwelling under s. 810.02. |
| 101 | (c) The lifetime electronic monitoring required for |
| 102 | offenders meeting the criteria of this subsection shall be in |
| 103 | addition to any other provision of sentencing ordered by the |
| 104 | court. The electronic monitoring shall commence upon expiration |
| 105 | of the defendant's sentence of imprisonment, or after the |
| 106 | period, if any, of probation, community control, or conditional |
| 107 | release supervision, whichever occurs later. The Department of |
| 108 | Corrections shall use a system of active electronic monitoring |
| 109 | that identifies the location of a monitored offender and that |
| 110 | can produce, upon request, reports or records of the offender's |
| 111 | presence near or within a crime scene. The requirements of this |
| 112 | subsection apply to all eligible defendants whose crimes |
| 113 | occurred on or after July 1, 2005. For purposes of this |
| 114 | subsection, the term "conviction" has the same meaning as |
| 115 | provided in s. 921.0021. |
| 116 | Section 4. Section 775.0821, Florida Statutes, is created |
| 117 | to read: |
| 118 | 775.0821 Tampering with or removal of lifetime electronic |
| 119 | monitoring device.-- |
| 120 | (1) Any person subject to lifetime electronic monitoring |
| 121 | under s. 775.082 who removes the electronic monitoring device |
| 122 | without authorization from the Department of Corrections, or who |
| 123 | defaces, alters, destroys, or tampers with a lifetime electronic |
| 124 | monitoring device, commits a felony of the first degree, |
| 125 | punishable as provided in s. 775.082 or s. 775.083. |
| 126 | (2) Any person subject to lifetime electronic monitoring |
| 127 | under s. 775.082 must follow instructions provided by the |
| 128 | Department of Corrections or the electronic monitoring device |
| 129 | manufacturer to maintain the electronic monitoring device in |
| 130 | working order. Incidental damage or defacement of the electronic |
| 131 | monitoring device must be reported to the Department of |
| 132 | Corrections within 2 hours. Failure to comply with the reporting |
| 133 | requirement of this subsection is a felony of the third degree, |
| 134 | punishable as provided in s. 775.082 or s. 775.083. |
| 135 | Section 5. Paragraph (b) of subsection (4) and paragraph |
| 136 | (l) of subsection (6) of section 775.21, Florida Statutes, are |
| 137 | amended to read: |
| 138 | 775.21 The Florida Sexual Predators Act.-- |
| 139 | (4) SEXUAL PREDATOR CRITERIA.-- |
| 140 | (b) In order to be counted as a prior felony for purposes |
| 141 | of this subsection, the felony must have resulted in a |
| 142 | conviction sentenced separately, or an adjudication of |
| 143 | delinquency for an offense committed entered separately, prior |
| 144 | to the current offense and sentenced or adjudicated separately |
| 145 | from any other felony conviction that is to be counted as a |
| 146 | prior felony. If the offender's prior enumerated felony was |
| 147 | committed more than 10 years before the primary offense, it |
| 148 | shall not be considered a prior felony under this subsection if |
| 149 | the offender has not been convicted of any other crime for a |
| 150 | period of 10 consecutive years from the most recent date of |
| 151 | release from confinement, supervision, or sanction, whichever is |
| 152 | later. |
| 153 | (6) REGISTRATION.-- |
| 154 | (l) A sexual predator must maintain registration with the |
| 155 | department for the duration of his or her life, unless the |
| 156 | sexual predator has received a full pardon or has had a |
| 157 | conviction set aside in a postconviction proceeding for any |
| 158 | offense that met the criteria for the sexual predator |
| 159 | designation. However, a sexual predator who was designated as a |
| 160 | sexual predator by a court before October 1, 1998, and who has |
| 161 | been lawfully released from confinement, supervision, or |
| 162 | sanction, whichever is later, for at least 10 years and has not |
| 163 | been arrested for any felony or misdemeanor offense since |
| 164 | release, may petition the criminal division of the circuit court |
| 165 | in the circuit in which the sexual predator resides for the |
| 166 | purpose of removing the sexual predator designation. A sexual |
| 167 | predator who was designated a sexual predator by a court on or |
| 168 | after October 1, 1998, who has been lawfully released from |
| 169 | confinement, supervision, or sanction, whichever is later, for |
| 170 | at least 20 years, and who has not been arrested for any felony |
| 171 | or misdemeanor offense since release may petition the criminal |
| 172 | division of the circuit court in the circuit in which the sexual |
| 173 | predator resides for the purpose of removing the sexual predator |
| 174 | designation. A sexual predator who was designated a sexual |
| 175 | predator by a court on or after October 1, 2005, who has been |
| 176 | lawfully released from confinement, supervision, or sanction, |
| 177 | whichever is later, for at least 30 years and who has not been |
| 178 | arrested for any felony or misdemeanor offense since release may |
| 179 | petition the criminal division of the circuit court in the |
| 180 | circuit in which the sexual predator resides for the purpose of |
| 181 | removing the sexual predator designation. The court may grant or |
| 182 | deny such relief if the petitioner demonstrates to the court |
| 183 | that he or she has not been arrested for any crime since |
| 184 | release, the requested relief complies with the provisions of |
| 185 | the federal Jacob Wetterling Act, as amended, and any other |
| 186 | federal standards applicable to the removal of the designation |
| 187 | as a sexual predator or required to be met as a condition for |
| 188 | the receipt of federal funds by the state, and the court is |
| 189 | otherwise satisfied that the petitioner is not a current or |
| 190 | potential threat to public safety. The state attorney in the |
| 191 | circuit in which the petition is filed must be given notice of |
| 192 | the petition at least 3 weeks before the hearing on the matter. |
| 193 | The state attorney may present evidence in opposition to the |
| 194 | requested relief or may otherwise demonstrate the reasons why |
| 195 | the petition should be denied. If the court denies the petition, |
| 196 | the court may set a future date at which the sexual predator may |
| 197 | again petition the court for relief, subject to the standards |
| 198 | for relief provided in this paragraph. Unless specified in the |
| 199 | order, a sexual predator who is granted relief under this |
| 200 | paragraph must comply with the requirements for registration as |
| 201 | a sexual offender and other requirements provided under s. |
| 202 | 943.0435 or s. 944.607. If a petitioner obtains an order from |
| 203 | the court that imposed the order designating the petitioner as a |
| 204 | sexual predator which removes such designation, the petitioner |
| 205 | shall forward a certified copy of the written findings or order |
| 206 | to the department in order to have the sexual predator |
| 207 | designation removed from the sexual predator registry. |
| 208 |
|
| 209 | The sheriff shall promptly provide to the department the |
| 210 | information received from the sexual predator. |
| 211 | Section 6. Section 775.235, Florida Statutes, is created |
| 212 | to read: |
| 213 | 775.235 Harboring sexual predator or sexual offender.--Any |
| 214 | person who permits a sexual predator or sexual offender to |
| 215 | reside with that person knowing that the sexual predator or |
| 216 | sexual offender has failed to comply with requirements of s. |
| 217 | 775.21, s. 943.0435, or s. 944.607 commits a felony of the third |
| 218 | degree, punishable as provided in s. 775.082 or s. 775.083. |
| 219 | Section 7. Paragraph (o) is added to subsection (5) of |
| 220 | section 921.141, Florida Statutes, to read: |
| 221 | 921.141 Sentence of death or life imprisonment for capital |
| 222 | felonies; further proceedings to determine sentence.-- |
| 223 | (5) AGGRAVATING CIRCUMSTANCES.--Aggravating circumstances |
| 224 | shall be limited to the following: |
| 225 | (o) The capital felony was committed by a person |
| 226 | designated a sexual predator pursuant to s. 775.21 or a person |
| 227 | previously designated a sexual predator whose sexual predator |
| 228 | designation had been removed. |
| 229 | Section 8. Paragraph (b) of subsection (7) of section |
| 230 | 947.1405, Florida Statutes, is amended, paragraph (c) is added |
| 231 | to said subsection, subsection (9) is renumbered as subsection |
| 232 | (10), and a new subsection (9) is added to said section, to |
| 233 | read: |
| 234 | 947.1405 Conditional release program.-- |
| 235 | (7) |
| 236 | (b) For a releasee whose crime was committed on or after |
| 237 | October 1, 1997, in violation of chapter 794, s. 800.04, s. |
| 238 | 827.071, or s. 847.0145, and who is subject to conditional |
| 239 | release supervision, in addition to any other provision of this |
| 240 | section subsection, the commission shall impose the following |
| 241 | additional conditions of conditional release supervision: |
| 242 | 1. As part of a treatment program, participation in a |
| 243 | minimum of one annual polygraph examination to obtain |
| 244 | information necessary for risk management and treatment and to |
| 245 | reduce the sex offender's denial mechanisms. The polygraph |
| 246 | examination must be conducted by a polygrapher trained |
| 247 | specifically in the use of the polygraph for the monitoring of |
| 248 | sex offenders, where available, and at the expense of the sex |
| 249 | offender. The results of the polygraph examination shall not be |
| 250 | used as evidence in a hearing to prove that a violation of |
| 251 | supervision has occurred. |
| 252 | 2. Maintenance of a driving log and a prohibition against |
| 253 | driving a motor vehicle alone without the prior approval of the |
| 254 | supervising officer. |
| 255 | 3. A prohibition against obtaining or using a post office |
| 256 | box without the prior approval of the supervising officer. |
| 257 | 4. If there was sexual contact, a submission to, at the |
| 258 | probationer's or community controllee's expense, an HIV test |
| 259 | with the results to be released to the victim or the victim's |
| 260 | parent or guardian. |
| 261 | 5. Electronic monitoring of any form when ordered by the |
| 262 | commission. |
| 263 | (c) Effective for a releasee whose crime was committed on |
| 264 | or after July 1, 2005, in violation of chapter 794, s. 800.04, |
| 265 | s. 827.071, or s. 847.0145, or who is designated a sexual |
| 266 | predator pursuant to s. 775.21, in addition to any other |
| 267 | provision of this section, the commission shall require |
| 268 | electronic monitoring as provided in s. 947.1406. |
| 269 | (9) For a releasee placed on electronic monitoring |
| 270 | pursuant to paragraph (7)(c) who the commission determines is in |
| 271 | violation of any material condition of supervision, the |
| 272 | commission shall order the releasee returned to prison until the |
| 273 | expiration of the sentence of imprisonment. |
| 274 | Section 9. Section 947.1406, Florida Statutes, is created |
| 275 | to read: |
| 276 | 947.1406 Electronic monitoring for certain sex offenders |
| 277 | and sexual predators.--For any conditional releasee placed on |
| 278 | electronic monitoring pursuant to s. 947.1405(9), the department |
| 279 | shall use a system of active electronic monitoring that |
| 280 | identifies the location of a monitored offender and that can |
| 281 | produce upon request reports or records of the offender's |
| 282 | location at any time. |
| 283 | Section 10. Subsection (8) is added to section 948.06, |
| 284 | Florida Statutes, to read: |
| 285 | 948.06 Violation of probation or community control; |
| 286 | revocation; modification; continuance; failure to pay |
| 287 | restitution or cost of supervision.-- |
| 288 | (8) This subsection shall apply to any probationer or |
| 289 | community controllee under supervision for a violation of s. |
| 290 | 787.01, s. 787.02, s. 787.025, s. 794.011, s. 800.04, s. |
| 291 | 827.071, or s. 847.0145, or who is designated a sexual predator |
| 292 | pursuant to s. 775.21, regardless of when his or her crime was |
| 293 | committed. In any case, when a violation of supervision is |
| 294 | admitted or determined by the court to be proven, and the court |
| 295 | returns the violator to probation or community control |
| 296 | supervision, the court must, in addition to any other condition |
| 297 | of supervision, order electronic monitoring as described in s. |
| 298 | 948.11(6). |
| 299 | Section 11. Subsection (6) is added to section 948.11, |
| 300 | Florida Statutes, to read: |
| 301 | 948.11 Electronic monitoring devices.-- |
| 302 | (6) For any probationer or community controllee placed on |
| 303 | electronic monitoring pursuant to s. 948.30(3), the Department |
| 304 | of Corrections shall use a system of active electronic |
| 305 | monitoring that identifies the location of a monitored offender |
| 306 | and that can produce, upon request, reports or records of the |
| 307 | offender's location at any time. |
| 308 | Section 12. Subsection (2) of section 948.30, Florida |
| 309 | Statutes, is amended, and subsection (3) is added to said |
| 310 | section, to read: |
| 311 | 948.30 Additional terms and conditions of probation or |
| 312 | community control for certain sex offenses.--Conditions imposed |
| 313 | pursuant to this section do not require oral pronouncement at |
| 314 | the time of sentencing and shall be considered standard |
| 315 | conditions of probation or community control for offenders |
| 316 | specified in this section. |
| 317 | (2) Effective for a probationer or community controllee |
| 318 | whose crime was committed on or after October 1, 1997, and who |
| 319 | is on supervision placed on sex offender probation for a |
| 320 | violation of chapter 794, s. 800.04, s. 827.071, or s. 847.0145, |
| 321 | in addition to any other provision of this section subsection, |
| 322 | the court must impose the following conditions of probation or |
| 323 | community control: |
| 324 | (a) As part of a treatment program, participation at least |
| 325 | annually in polygraph examinations to obtain information |
| 326 | necessary for risk management and treatment and to reduce the |
| 327 | sex offender's denial mechanisms. A polygraph examination must |
| 328 | be conducted by a polygrapher trained specifically in the use of |
| 329 | the polygraph for the monitoring of sex offenders, where |
| 330 | available, and shall be paid for by the sex offender. The |
| 331 | results of the polygraph examination shall not be used as |
| 332 | evidence in court to prove that a violation of community |
| 333 | supervision has occurred. |
| 334 | (b) Maintenance of a driving log and a prohibition against |
| 335 | driving a motor vehicle alone without the prior approval of the |
| 336 | supervising officer. |
| 337 | (c) A prohibition against obtaining or using a post office |
| 338 | box without the prior approval of the supervising officer. |
| 339 | (d) If there was sexual contact, a submission to, at the |
| 340 | probationer's or community controllee's expense, an HIV test |
| 341 | with the results to be released to the victim or the victim's |
| 342 | parent or guardian. |
| 343 | (e) Electronic monitoring when deemed necessary by the |
| 344 | community control or probation officer and his or her |
| 345 | supervisor, and ordered by the court at the recommendation of |
| 346 | the Department of Corrections. |
| 347 | (3) Effective for a probationer or community controllee |
| 348 | whose crime was committed on or after July 1, 2005, and who is |
| 349 | on supervision for a violation of chapter 794, s. 800.04, s. |
| 350 | 827.071, or s. 847.0145, or who is designated a sexual predator |
| 351 | pursuant to s. 775.21, in addition to any other provision of |
| 352 | this section, the court shall order electronic monitoring as |
| 353 | provided in s. 948.11(6). |
| 354 | Section 13. If any provision of this act or its |
| 355 | application to any person or circumstance is held invalid, the |
| 356 | invalidity does not affect other provisions or applications of |
| 357 | the act that can be given effect without the invalid provision |
| 358 | or application, and to this end the provisions of this act are |
| 359 | declared severable. |
| 360 | Section 14. This act shall take effect July 1, 2005. |