Senate Bill sb1624

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    Florida Senate - 2006                                  SB 1624

    By Senator Posey





    24-1146-06

  1                      A bill to be entitled

  2         An act relating to sexual offenders; amending

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

  4         certain specified sexual offenders whose victim

  5         was under the age of 18 from entering a public

  6         library without immediately notifying an

  7         employee of the public library of the sex

  8         offender's presence and intent to use the

  9         resources of the library; defining the term

10         "immediately"; prohibiting the sex offender

11         from entering the library until the employee

12         acknowledges the presence of the sex offender;

13         providing that a sex offender who violates the

14         act commits a felony of the third degree;

15         providing criminal penalties; providing an

16         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 - 2006                                  SB 1624
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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 - 2006                                  SB 1624
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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 specifically trained to treat sex offenders, at

 6  the releasee's own expense. If a qualified practitioner is not

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

 8  the offender shall participate in other appropriate therapy.

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

10  directly or indirectly, including through a third person,

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

12  the sentencing court.

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

14  prohibition against contact with children under the age of 18

15  without review and approval by the commission. The commission

16  may approve supervised contact with a child under the age of

17  18 if the approval is based upon a recommendation for contact

18  issued by a qualified practitioner who is basing the

19  recommendation on a risk assessment. Further, the sex offender

20  must be currently enrolled in or have successfully completed a

21  sex offender therapy program. The commission may not grant

22  supervised contact with a child if the contact is not

23  recommended by a qualified practitioner and may deny

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

25  whether to approve supervised contact with a child, the

26  commission must review and consider the following:

27         a.  A risk assessment completed by a qualified

28  practitioner. The qualified practitioner must prepare a

29  written report that must include the findings of the

30  assessment and address each of the following components:

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

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    Florida Senate - 2006                                  SB 1624
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 1         (II)  The sex offender's history of adult charges with

 2  apparent sexual motivation;

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

 4  without apparent sexual motivation;

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

 6  whenever available;

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

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

 9  most recent treating, therapist;

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

11         (VII)  The sex offender's mental health and substance

12  abuse history as provided by the Department of Corrections;

13         (VIII)  The sex offender's personal, social,

14  educational, and work history;

15         (IX)  The results of current psychological testing of

16  the sex offender if determined necessary by the qualified

17  practitioner;

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

19  the location, frequency, duration, and supervisory

20  arrangement;

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

22  with the proposed contact, when age-appropriate;

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

24  regarding the proposed contact; and

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

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

27  contact would likely pose significant risk of emotional or

28  physical harm to the child.

29  

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

31  commission.

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    Florida Senate - 2006                                  SB 1624
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 1         b.  A recommendation made as a part of the

 2  risk-assessment report as to whether supervised contact with

 3  the child should be approved;

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

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

 6  offender, agreeing to the sex offender having supervised

 7  contact with the child after receiving full disclosure of the

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

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

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

11  refuses to give written consent for supervised contact;

12         d.  A safety plan prepared by the qualified

13  practitioner, who provides treatment to the offender, in

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

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

16  details the acceptable conditions of contact between the sex

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

18  approved by the Department of Corrections before being

19  submitted to the commission; and

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

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

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

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

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

25  offender.

26  

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

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

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

30  met the requirements of a qualified practitioner as defined in

31  this section.

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    Florida Senate - 2006                                  SB 1624
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 1         6.  If the victim was under age 18, a prohibition on

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

 3  center, park, playground, pet store, library, zoo, theme park,

 4  or other place where children regularly congregate, as

 5  prescribed by the commission.

 6         7.  If the victim was under the age of 18, a

 7  prohibition against entering a public library without

 8  immediately notifying an employee of the library of the sex

 9  offender's presence and intent to use the resources of the

10  library. As used in this subparagraph, the term "immediately"

11  means moving from the entrance of the public library in a

12  straight line to the nearest work station occupied by an

13  employee of the public library. The sex offender may not move

14  from that work station until the employee acknowledges the

15  presence of the sex offender. Any sex offender who violates

16  this subparagraph commits a felony of the third degree,

17  punishable as provided in s. 775.082, s. 775.083, or s.

18  775.084.

19         8.7.  Unless otherwise indicated in the treatment plan

20  provided by the sexual offender treatment program, a

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

22  pornographic, or sexually stimulating visual or auditory

23  material, including telephone, electronic media, computer

24  programs, or computer services that are relevant to the

25  offender's deviant behavior pattern.

26         9.8.  Effective for a releasee whose crime is committed

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

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

29  offender treatment program, after a risk assessment is

30  completed, approves and implements a safety plan for the

31  

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    Florida Senate - 2006                                  SB 1624
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 1  offender's accessing or using the Internet or other computer

 2  services.

 3         10.9.  A requirement that the releasee must submit two

 4  specimens of blood to the Florida Department of Law

 5  Enforcement to be registered with the DNA database.

 6         11.10.  A requirement that the releasee make

 7  restitution to the victim, as determined by the sentencing

 8  court or the commission, for all necessary medical and related

 9  professional services relating to physical, psychiatric, and

10  psychological care.

11         12.11.  Submission to a warrantless search by the

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

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

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

15  Statutes, is amended to read:

16         948.30  Additional terms and conditions of probation or

17  community control for certain sex offenses.--Conditions

18  imposed pursuant to this section do not require oral

19  pronouncement at the time of sentencing and shall be

20  considered standard conditions of probation or community

21  control for offenders specified in this section.

22         (1)  Effective for probationers or community

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

24  1995, and who are placed under supervision for violation of

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

26  must impose the following conditions in addition to all other

27  standard and special conditions imposed:

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

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

30  employment precludes the above specified time, and the

31  alternative is recommended by the Department of Corrections.

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    Florida Senate - 2006                                  SB 1624
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 1  If the court determines that imposing a curfew would endanger

 2  the victim, the court may consider alternative sanctions.

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

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

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

 6  regularly congregate, as prescribed by the court. The

 7  1,000-foot distance shall be measured in a straight line from

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

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

10  place where children congregate. The distance may not be

11  measured by a pedestrian route or automobile route.

12         (c)  Active participation in and successful completion

13  of a sex offender treatment program with qualified

14  practitioners specifically trained to treat sex offenders, at

15  the probationer's or community controllee's own expense. If a

16  qualified practitioner is not available within a 50-mile

17  radius of the probationer's or community controllee's

18  residence, the offender shall participate in other appropriate

19  therapy.

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

21  directly or indirectly, including through a third person,

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

23  the sentencing court.

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

25  prohibition on contact with a child under the age of 18 except

26  as provided in this paragraph. The court may approve

27  supervised contact with a child under the age of 18 if the

28  approval is based upon a recommendation for contact issued by

29  a qualified practitioner who is basing the recommendation on a

30  risk assessment. Further, the sex offender must be currently

31  enrolled in or have successfully completed a sex offender

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    Florida Senate - 2006                                  SB 1624
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 1  therapy program. The court may not grant supervised contact

 2  with a child if the contact is not recommended by a qualified

 3  practitioner and may deny supervised contact with a child at

 4  any time. When considering whether to approve supervised

 5  contact with a child, the court must review and consider the

 6  following:

 7         1.  A risk assessment completed by a qualified

 8  practitioner. The qualified practitioner must prepare a

 9  written report that must include the findings of the

10  assessment and address each of the following components:

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

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

13  apparent sexual motivation;

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

15  apparent sexual motivation;

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

17  whenever available;

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

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

20  most recent treating, therapist;

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

22         g.  The sex offender's mental health and substance

23  abuse treatment history as provided by the Department of

24  Corrections;

25         h.  The sex offender's personal, social, educational,

26  and work history;

27         i.  The results of current psychological testing of the

28  sex offender if determined necessary by the qualified

29  practitioner;

30  

31  

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 1         j.  A description of the proposed contact, including

 2  the location, frequency, duration, and supervisory

 3  arrangement;

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

 5  with the proposed contact, when age appropriate;

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

 7  regarding the proposed contact; and

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

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

10  would likely pose significant risk of emotional or physical

11  harm to the child.

12  

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

14  court;

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

16  assessment report as to whether supervised contact with the

17  child should be approved;

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

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

20  offender, agreeing to the sex offender having supervised

21  contact with the child after receiving full disclosure of the

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

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

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

25  refuses to give written consent for supervised contact;

26         4.  A safety plan prepared by the qualified

27  practitioner, who provides treatment to the offender, in

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

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

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

31  the acceptable conditions of contact between the sex offender

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

 2  by the court; and

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

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

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

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

 7  offender.

 8  

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

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

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

12  the requirements of a qualified practitioner as defined in

13  this section.

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

15  working for pay or as a volunteer at any place where children

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

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

18  zoos, theme parks, and malls.

19         (g)  If the victim was under the age of 18, a

20  prohibition against entering a public library without

21  immediately notifying an employee of the library of the sex

22  offender's presence and intent to use the resources of the

23  library. As used in this paragraph, the term "immediately"

24  means moving from the entrance of the public library in a

25  straight line to the nearest work station occupied by an

26  employee of the public library. The sex offender may not move

27  from that work station until the employee acknowledges the

28  presence of the sex offender. Any sex offender who violates

29  this paragraph commits a felony of the third degree,

30  punishable as provided in s. 775.082, s. 775.083, or s.

31  775.084.

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 1         (h)(g)  Unless otherwise indicated in the treatment

 2  plan 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         (i)(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         (j)(i)  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         (k)(j)  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         (l)(k)  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 3.  This act shall take effect July 1, 2006.

28  

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Prohibits certain specified sexual offenders whose victim
      was under the age of 18 from entering a public library
 4    without immediately notifying an employee of the public
      library of the sex offender's presence and intent to use
 5    the resources of the library. Defines the term
      "immediately." Prohibits the sex offender from entering
 6    the library until the employee acknowledges the presence
      of the sex offender. Provides that a sex offender who
 7    violates the act commits a felony of the third degree.
      Provides criminal penalties.
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