| 1 | The Judiciary Committee recommends the following: |
| 2 |
|
| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to public safety; amending s. 775.21, |
| 7 | F.S.; redefining the terms "permanent residence" and |
| 8 | "temporary residence" in order to reduce the number of |
| 9 | consecutive days and days in the aggregate which |
| 10 | constitute the residence of a sexual predator for purposes |
| 11 | of requirements that the predator register with the |
| 12 | Department of Law Enforcement, the sheriff's office, or |
| 13 | the Department of Corrections; revising provisions |
| 14 | relating to reimbursement of specified costs by sexual |
| 15 | predators; revising provisions relating to the residence |
| 16 | of sexual predators; providing penalties; creating s. |
| 17 | 775.215, F.S.; specifying residency exclusions for sexual |
| 18 | offenders or sexual predators; preempting certain local |
| 19 | ordinances; amending s. 775.24, F.S.; revising provisions |
| 20 | relating to residency exclusions for sexual predators and |
| 21 | sexual offenders; amending s. 794.065, F.S.; providing |
| 22 | additional residency restrictions on certain offenders; |
| 23 | providing penalties; amending s. 947.1405, F.S.; providing |
| 24 | additional conditional release restrictions for certain |
| 25 | offenders; amending s. 947.141, F.S.; revising provisions |
| 26 | relating to hearings alleging a violation of community |
| 27 | release by specified releasees for failure to comply with |
| 28 | specified residency exclusions; amending s. 948.06, F.S.; |
| 29 | revising provisions relating to probation or community |
| 30 | control for sexual predators and sexual offenders; |
| 31 | amending s. 948.063, F.S.; revising provisions relating to |
| 32 | violations of probation or community control by designated |
| 33 | sexual offenders and sexual predators; amending s. 948.30, |
| 34 | F.S.; revising provisions relating to terms and conditions |
| 35 | of probation or community control for certain sex |
| 36 | offenses; providing an effective date. |
| 37 |
|
| 38 | Be It Enacted by the Legislature of the State of Florida: |
| 39 |
|
| 40 | Section 1. Paragraphs (f) and (g) of subsection (2), |
| 41 | paragraph (b) of subsection (3), paragraph (a) of subsection |
| 42 | (7), and paragraph (b) of subsection (10) of section 775.21, |
| 43 | Florida Statutes, are amended to read: |
| 44 | 775.21 The Florida Sexual Predators Act.-- |
| 45 | (2) DEFINITIONS.--As used in this section, the term: |
| 46 | (f) "Permanent residence" means a place where the person |
| 47 | abides, lodges, or resides for 5 14 or more consecutive days. |
| 48 | (g) "Temporary residence" means a place where the person |
| 49 | abides, lodges, or resides for a period of 5 14 or more days in |
| 50 | the aggregate during any calendar year and which is not the |
| 51 | person's permanent address; or, for a person whose permanent |
| 52 | residence is not in this state, a place where the person is |
| 53 | employed, practices a vocation, or is enrolled as a student for |
| 54 | any period of time in this state; or a place where the person |
| 55 | routinely abides, lodges, or resides for a period of 4 or more |
| 56 | consecutive or nonconsecutive days in any month and which is not |
| 57 | the person's permanent residence, including any out-of-state |
| 58 | address. |
| 59 | (3) LEGISLATIVE FINDINGS AND PURPOSE; LEGISLATIVE |
| 60 | INTENT.-- |
| 61 | (b) The high level of threat that a sexual predator |
| 62 | presents to the public safety, and the long-term effects |
| 63 | suffered by victims of sex offenses, provide the state with |
| 64 | sufficient justification to implement a strategy that includes: |
| 65 | 1. Incarcerating sexual predators and maintaining adequate |
| 66 | facilities to ensure that decisions to release sexual predators |
| 67 | into the community are not made on the basis of inadequate |
| 68 | space. |
| 69 | 2. Providing for specialized supervision of sexual |
| 70 | predators who are in the community by specially trained |
| 71 | probation officers with low caseloads, as described in ss. |
| 72 | 947.1405(7) and 948.30. The sexual predator is subject to |
| 73 | specified terms and conditions implemented at sentencing or at |
| 74 | the time of release from incarceration, with a requirement that |
| 75 | those sexual predators found to be indigent may defer payment |
| 76 | pursuant to s. 28.246 of all or part of the costs in accordance |
| 77 | with the provisions of that section who are financially able |
| 78 | must pay all or part of the costs of supervision. |
| 79 | 3. Requiring the registration of sexual predators, with a |
| 80 | requirement that complete and accurate information be maintained |
| 81 | and accessible for use by law enforcement authorities, |
| 82 | communities, and the public. |
| 83 | 4. Providing for community and public notification |
| 84 | concerning the presence of sexual predators. |
| 85 | 5. Prohibiting sexual predators from working with |
| 86 | children, either for compensation or as a volunteer. |
| 87 | (7) COMMUNITY AND PUBLIC NOTIFICATION.-- |
| 88 | (a) Law enforcement agencies must inform members of the |
| 89 | community and the public of a sexual predator's presence. Upon |
| 90 | notification of the presence of a sexual predator, the sheriff |
| 91 | of the county or the chief of police of the municipality where |
| 92 | the sexual predator establishes or maintains a permanent or |
| 93 | temporary residence shall notify members of the community and |
| 94 | the public of the presence of the sexual predator in a manner |
| 95 | deemed appropriate by the sheriff or the chief of police. Within |
| 96 | 48 hours after receiving notification of the presence of a |
| 97 | sexual predator, the sheriff of the county or the chief of |
| 98 | police of the municipality where the sexual predator temporarily |
| 99 | or permanently resides shall notify each licensed day care |
| 100 | center, elementary school, middle school, and high school, and |
| 101 | library within a 1-mile radius of the temporary or permanent |
| 102 | residence of the sexual predator of the presence of the sexual |
| 103 | predator. Information provided to members of the community and |
| 104 | the public regarding a sexual predator must include: |
| 105 | 1. The name of the sexual predator; |
| 106 | 2. A description of the sexual predator, including a |
| 107 | photograph; |
| 108 | 3. The sexual predator's current address, including the |
| 109 | name of the county or municipality if known; |
| 110 | 4. The circumstances of the sexual predator's offense or |
| 111 | offenses; and |
| 112 | 5. Whether the victim of the sexual predator's offense or |
| 113 | offenses was, at the time of the offense, a minor or an adult. |
| 114 |
|
| 115 | This paragraph does not authorize the release of the name of any |
| 116 | victim of the sexual predator. |
| 117 | (10) PENALTIES.-- |
| 118 | (b) A sexual predator who has been convicted of or found |
| 119 | to have committed, or has pled nolo contendere or guilty to, |
| 120 | regardless of adjudication, any violation, or attempted |
| 121 | violation, of s. 787.01, s. 787.02, or s. 787.025, where the |
| 122 | victim is a minor and the defendant is not the victim's parent; |
| 123 | s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s. 796.03; s. |
| 124 | 800.04; s. 827.071; s. 847.0133; or s. 847.0145, or a violation |
| 125 | of a similar law of another jurisdiction, when the victim of the |
| 126 | offense was a minor, and who works, whether for compensation or |
| 127 | as a volunteer, at any business, school, day care center, park, |
| 128 | playground, library, or business or other place where children |
| 129 | regularly congregate, commits a felony of the third degree, |
| 130 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 131 | Section 2. Section 775.215, Florida Statutes, is created |
| 132 | to read: |
| 133 | 775.215 Residency exclusions for sexual offenders or |
| 134 | predators; local ordinances preempted.-- |
| 135 | (1) The establishment of residency exclusions applicable |
| 136 | to the residences of a person required to register as a sexual |
| 137 | offender or sexual predator is expressly preempted to the state, |
| 138 | and the provisions of ss. 794.065, 947.1405, and 948.30 |
| 139 | establishing such exclusions supersede any municipal or county |
| 140 | ordinances imposing different exclusions. |
| 141 | (2) A provision of any ordinance adopted by a county or |
| 142 | municipality prior to October 1, 2006, imposing residency |
| 143 | exclusions for the residences of persons subject to the |
| 144 | provisions of s. 794.065, s. 947.1405, or s. 948.30 is hereby |
| 145 | repealed and abolished as of October 1, 2006. |
| 146 | Section 3. Subsection (2) of section 775.24, Florida |
| 147 | Statutes, is amended to read: |
| 148 | 775.24 Duty of the court to uphold laws governing sexual |
| 149 | predators and sexual offenders.-- |
| 150 | (2) If a person meets the criteria in this chapter for |
| 151 | designation as a sexual predator or meets the criteria in s. |
| 152 | 943.0435, s. 944.606, s. 944.607, or any other law for |
| 153 | classification as a sexual offender, the court may not enter an |
| 154 | order, for the purpose of approving a plea agreement or for any |
| 155 | other reason, which: |
| 156 | (a) Exempts a person who meets the criteria for |
| 157 | designation as a sexual predator or classification as a sexual |
| 158 | offender from such designation or classification, or exempts |
| 159 | such person from the requirements for registration or community |
| 160 | and public notification imposed upon sexual predators and sexual |
| 161 | offenders, or exempts such person from the residency exclusions |
| 162 | contained in ss. 794.065, 947.1405, and 948.30; |
| 163 | (b) Restricts the compiling, reporting, or release of |
| 164 | public records information that relates to sexual predators or |
| 165 | sexual offenders; or |
| 166 | (c) Prevents any person or entity from performing its |
| 167 | duties or operating within its statutorily conferred authority |
| 168 | as such duty or authority relates to sexual predators or sexual |
| 169 | offenders. |
| 170 | Section 4. Section 794.065, Florida Statutes, is amended |
| 171 | to read: |
| 172 | 794.065 Unlawful place of residence for persons convicted |
| 173 | of certain sex offenses.-- |
| 174 | (1)(a)1. It is unlawful for any person who has been |
| 175 | convicted of a violation of s. 794.011, s. 800.04, s. 827.071, |
| 176 | or s. 847.0145, regardless of whether adjudication has been |
| 177 | withheld, in which the victim of the offense was less than 16 |
| 178 | years of age, to reside within 1,000 feet of any school, day |
| 179 | care center, park, or playground. |
| 180 | 2. A person who violates this section and whose conviction |
| 181 | for an offense listed in subparagraph 1. under s. 794.011, s. |
| 182 | 800.04, s. 827.071, or s. 847.0145 was classified as: |
| 183 | a. A felony of the first degree or higher, commits a |
| 184 | felony of the third degree, punishable as provided in s. 775.082 |
| 185 | or s. 775.083. A person who violates this section and whose |
| 186 | conviction under s. 794.011, s. 800.04, s. 827.071, or s. |
| 187 | 847.0145 was classified as |
| 188 | b. A felony of the second or third degree, commits a |
| 189 | misdemeanor of the first degree, punishable as provided in s. |
| 190 | 775.082 or s. 775.083. |
| 191 | (b)(2) This subsection section applies to any person |
| 192 | convicted of an offense listed in subparagraph 1. if the offense |
| 193 | occurred a violation of s. 794.011, s. 800.04, s. 827.071, or s. |
| 194 | 847.0145 for offenses that occur on or after October 1, 2004. |
| 195 | (2)(a)1. It is unlawful for any person who has been |
| 196 | convicted of a violation of s. 787.01, s. 787.02, s. 794.011, s. |
| 197 | 800.04, s. 827.071, or s. 847.0145, regardless of whether |
| 198 | adjudication has been withheld, in which the victim of the |
| 199 | offense was less than 16 years of age, to reside within 1,500 |
| 200 | feet of any school, day care center, park, playground, library, |
| 201 | or other business or place where children regularly congregate. |
| 202 | 2. A person violating this subsection whose conviction of |
| 203 | an offense listed in subparagraph 1. was classified as: |
| 204 | a. A felony of the first degree or higher, commits a |
| 205 | felony of the third degree, punishable as provided in s. 775.082 |
| 206 | or s. 775.083. |
| 207 | b. A felony of the second or third degree, commits a |
| 208 | misdemeanor of the first degree, punishable as provided in s. |
| 209 | 775.082 or s. 775.083. |
| 210 | (b) The distances in this subsection shall be measured in |
| 211 | a straight line from the offender's place of residence to the |
| 212 | nearest boundary line of the school, day care center, park, |
| 213 | playground, library, or other business or place where children |
| 214 | regularly congregate. The distance may not be measured by a |
| 215 | pedestrian route or automobile route. |
| 216 | (c) This subsection applies to any person convicted of an |
| 217 | offense listed in subparagraph 1. if the offense occurred on or |
| 218 | after October 1, 2006. |
| 219 | Section 5. Subsections (2) and (6) and paragraph (a) of |
| 220 | subsection (7) of section 947.1405, Florida Statutes, are |
| 221 | amended, and subsection (11) is added to that section, to read: |
| 222 | 947.1405 Conditional release program.-- |
| 223 | (2)(a) Any inmate who: |
| 224 | 1.(a) Is convicted of a crime committed on or after |
| 225 | October 1, 1988, and before January 1, 1994;, and any inmate who |
| 226 | is convicted of a crime committed on or after January 1, 1994, |
| 227 | which crime is or was contained in category 1, category 2, |
| 228 | category 3, or category 4 of Rule 3.701 and Rule 3.988, Florida |
| 229 | Rules of Criminal Procedure (1993), and who has served at least |
| 230 | one prior felony commitment at a state or federal correctional |
| 231 | institution; or is convicted of any of the following offenses |
| 232 | committed on or after October 1, 2006: |
| 233 | a. Kidnapping, under s. 787.01(1)(b); |
| 234 | b. False imprisonment, under s. 787.02(1)(b); |
| 235 | c. Sexual performance by a child, under s. 827.071; or |
| 236 | d. Selling or buying of minors, under s. 847.0145; |
| 237 | 2.(b) Is sentenced as a habitual or violent habitual |
| 238 | offender or a violent career criminal pursuant to s. 775.084; or |
| 239 | 3.(c) Is found to be a sexual predator under s. 775.21 or |
| 240 | former s. 775.23, |
| 241 |
|
| 242 | shall, upon reaching the tentative release date or provisional |
| 243 | release date, whichever is earlier, as established by the |
| 244 | Department of Corrections, be released under supervision subject |
| 245 | to specified terms and conditions, including payment of the cost |
| 246 | of supervision pursuant to s. 948.09. Such supervision shall be |
| 247 | applicable to all sentences within the overall term of sentences |
| 248 | if an inmate's overall term of sentences includes one or more |
| 249 | sentences that are eligible for conditional release supervision |
| 250 | as provided herein. |
| 251 | (b) Effective July 1, 1994, and applicable for offenses |
| 252 | committed on or after that date, the commission may require, as |
| 253 | a condition of conditional release, that the releasee make |
| 254 | payment of the debt due and owing to a county or municipal |
| 255 | detention facility under s. 951.032 for medical care, treatment, |
| 256 | hospitalization, or transportation received by the releasee |
| 257 | while in that detention facility. The commission, in determining |
| 258 | whether to order such repayment and the amount of such |
| 259 | repayment, shall consider the amount of the debt, whether there |
| 260 | was any fault of the institution for the medical expenses |
| 261 | incurred, the financial resources of the releasee, the present |
| 262 | and potential future financial needs and earning ability of the |
| 263 | releasee, and dependents, and other appropriate factors. |
| 264 | (c) If any inmate, other than an inmate required to |
| 265 | register as a sexual predator under s. 775.21 or as a sexual |
| 266 | offender under s. 943.0435, placed on conditional release |
| 267 | supervision is also subject to probation or community control, |
| 268 | resulting from a probationary or community control split |
| 269 | sentence within the overall term of sentences, the Department of |
| 270 | Corrections shall supervise such person according to the |
| 271 | conditions imposed by the court and the commission shall defer |
| 272 | to such supervision. If the court revokes probation or community |
| 273 | control and resentences the offender to a term of incarceration, |
| 274 | such revocation also constitutes a sufficient basis for the |
| 275 | revocation of the conditional release supervision on any |
| 276 | nonprobationary or noncommunity control sentence without further |
| 277 | hearing by the commission. If any such supervision on any |
| 278 | nonprobationary or noncommunity control sentence is revoked, |
| 279 | such revocation may result in a forfeiture of all gain-time, and |
| 280 | the commission may revoke the resulting deferred conditional |
| 281 | release supervision or take other action it considers |
| 282 | appropriate. If the term of conditional release supervision |
| 283 | exceeds that of the probation or community control, then, upon |
| 284 | expiration of the probation or community control, authority for |
| 285 | the supervision shall revert to the commission and the |
| 286 | supervision shall be subject to the conditions imposed by the |
| 287 | commission. |
| 288 | (d) If any inmate required to register as a sexual |
| 289 | predator under s. 775.21 or as a sexual offender under s. |
| 290 | 943.0435 is placed on conditional release supervision is also |
| 291 | subject to probation or community supervision, the period of |
| 292 | court-ordered community supervision shall not be substituted for |
| 293 | conditional release supervision and shall follow the term of |
| 294 | conditional release supervision. |
| 295 | (e) A panel of no fewer than two commissioners shall |
| 296 | establish the terms and conditions of any such release. If the |
| 297 | offense was a controlled substance violation, the conditions |
| 298 | shall include a requirement that the offender submit to random |
| 299 | substance abuse testing intermittently throughout the term of |
| 300 | conditional release supervision, upon the direction of the |
| 301 | correctional probation officer as defined in s. 943.10(3). The |
| 302 | commission shall also determine whether the terms and conditions |
| 303 | of such release have been violated and whether such violation |
| 304 | warrants revocation of the conditional release. |
| 305 | (6) The commission shall review the recommendations of the |
| 306 | department, and such other information as it deems relevant, and |
| 307 | may conduct a review of the inmate's record for the purpose of |
| 308 | establishing the terms and conditions of the conditional |
| 309 | release. The commission may impose any special conditions it |
| 310 | considers warranted from its review of the release plan and |
| 311 | recommendation. If the commission determines that the inmate is |
| 312 | eligible for release under this section, the commission shall |
| 313 | enter an order establishing the length of supervision and the |
| 314 | conditions attendant thereto. However, an inmate who has been |
| 315 | convicted of a violation of chapter 794 or found by the court to |
| 316 | be a sexual predator is subject to the maximum level of |
| 317 | supervision provided, with the mandatory conditions as required |
| 318 | in subsection (7), and that supervision shall continue through |
| 319 | the end of the releasee's original court-imposed sentence. The |
| 320 | length of supervision must not exceed the maximum penalty |
| 321 | imposed by the court. The commission may modify the conditions |
| 322 | of supervision at any time. |
| 323 | (7)(a) Any inmate who is convicted of a crime committed on |
| 324 | or after October 1, 1995, or who has been previously convicted |
| 325 | of a crime committed on or after October 1, 1995, in violation |
| 326 | of chapter 794, s. 800.04, s. 827.071, or s. 847.0145, and is |
| 327 | subject to conditional release supervision, shall have, in |
| 328 | addition to any other conditions imposed, the following special |
| 329 | conditions imposed by the commission: |
| 330 | 1. A mandatory curfew from 10 p.m. to 6 a.m. The |
| 331 | commission may designate another 8-hour period if the offender's |
| 332 | employment precludes the above specified time, and such |
| 333 | alternative is recommended by the Department of Corrections. If |
| 334 | the commission determines that imposing a curfew would endanger |
| 335 | the victim, the commission may consider alternative sanctions. |
| 336 | 2.a. If the victim was under the age of 18, a prohibition |
| 337 | on living within 1,000 feet of a school, day care center, park, |
| 338 | playground, designated public school bus stop, or other place |
| 339 | where children regularly congregate. A releasee who is subject |
| 340 | to this subparagraph may not relocate to a residence that is |
| 341 | within 1,000 feet of a public school bus stop. |
| 342 | b. Beginning October 1, 2004, the commission or the |
| 343 | department may not approve a residence that is located within |
| 344 | 1,000 feet of a school, day care center, park, playground, |
| 345 | designated school bus stop, or other place where children |
| 346 | regularly congregate for any releasee who is subject to this |
| 347 | subparagraph. On October 1, 2004, the department shall notify |
| 348 | each affected school district of the location of the residence |
| 349 | of a releasee 30 days prior to release and thereafter, if the |
| 350 | releasee relocates to a new residence, shall notify any affected |
| 351 | school district of the residence of the releasee within 30 days |
| 352 | after relocation. If, on October 1, 2004, any public school bus |
| 353 | stop is located within 1,000 feet of the existing residence of |
| 354 | such releasee, the district school board shall relocate that |
| 355 | school bus stop. Beginning October 1, 2004, a district school |
| 356 | board may not establish or relocate a public school bus stop |
| 357 | within 1,000 feet of the residence of a releasee who is subject |
| 358 | to this subparagraph. The failure of the district school board |
| 359 | to comply with this subparagraph shall not result in a violation |
| 360 | of conditional release supervision. |
| 361 | c. Beginning October 1, 2006, neither the commission nor |
| 362 | the department may approve a residence located within 1,500 feet |
| 363 | of a school, day care center, park, playground, designated |
| 364 | school bus stop, library, or other business or place where |
| 365 | children regularly congregate for any releasee who is subject to |
| 366 | this subparagraph. The distance provided in this sub- |
| 367 | subparagraph shall be measured in a straight line from the |
| 368 | offender's place of residence to the nearest boundary line of |
| 369 | the school, day care center, park, playground, library, or other |
| 370 | business or place where children regularly congregate. The |
| 371 | distance may not be measured by a pedestrian route or automobile |
| 372 | route. |
| 373 | 3. Active participation in and successful completion of a |
| 374 | sex offender treatment program with qualified practitioners |
| 375 | specifically trained to treat sex offenders, at the releasee's |
| 376 | own expense. If a qualified practitioner is not available within |
| 377 | a 50-mile radius of the releasee's residence, the offender shall |
| 378 | participate in other appropriate therapy. |
| 379 | 4. A prohibition on any contact with the victim, directly |
| 380 | or indirectly, including through a third person, unless approved |
| 381 | by the victim, the offender's therapist, and the sentencing |
| 382 | court. |
| 383 | 5. If the victim was under the age of 18, a prohibition |
| 384 | against contact with children under the age of 18 without review |
| 385 | and approval by the commission. The commission may approve |
| 386 | supervised contact with a child under the age of 18 if the |
| 387 | approval is based upon a recommendation for contact issued by a |
| 388 | qualified practitioner who is basing the recommendation on a |
| 389 | risk assessment. Further, the sex offender must be currently |
| 390 | enrolled in or have successfully completed a sex offender |
| 391 | therapy program. The commission may not grant supervised contact |
| 392 | with a child if the contact is not recommended by a qualified |
| 393 | practitioner and may deny supervised contact with a child at any |
| 394 | time. When considering whether to approve supervised contact |
| 395 | with a child, the commission must review and consider the |
| 396 | following: |
| 397 | a. A risk assessment completed by a qualified |
| 398 | practitioner. The qualified practitioner must prepare a written |
| 399 | report that must include the findings of the assessment and |
| 400 | address each of the following components: |
| 401 | (I) The sex offender's current legal status; |
| 402 | (II) The sex offender's history of adult charges with |
| 403 | apparent sexual motivation; |
| 404 | (III) The sex offender's history of adult charges without |
| 405 | apparent sexual motivation; |
| 406 | (IV) The sex offender's history of juvenile charges, |
| 407 | whenever available; |
| 408 | (V) The sex offender's offender treatment history, |
| 409 | including a consultation from the sex offender's treating, or |
| 410 | most recent treating, therapist; |
| 411 | (VI) The sex offender's current mental status; |
| 412 | (VII) The sex offender's mental health and substance abuse |
| 413 | history as provided by the Department of Corrections; |
| 414 | (VIII) The sex offender's personal, social, educational, |
| 415 | and work history; |
| 416 | (IX) The results of current psychological testing of the |
| 417 | sex offender if determined necessary by the qualified |
| 418 | practitioner; |
| 419 | (X) A description of the proposed contact, including the |
| 420 | location, frequency, duration, and supervisory arrangement; |
| 421 | (XI) The child's preference and relative comfort level |
| 422 | with the proposed contact, when age-appropriate; |
| 423 | (XII) The parent's or legal guardian's preference |
| 424 | regarding the proposed contact; and |
| 425 | (XIII) The qualified practitioner's opinion, along with |
| 426 | the basis for that opinion, as to whether the proposed contact |
| 427 | would likely pose significant risk of emotional or physical harm |
| 428 | to the child. |
| 429 |
|
| 430 | The written report of the assessment must be given to the |
| 431 | commission. |
| 432 | b. A recommendation made as a part of the risk-assessment |
| 433 | report as to whether supervised contact with the child should be |
| 434 | approved; |
| 435 | c. A written consent signed by the child's parent or legal |
| 436 | guardian, if the parent or legal guardian is not the sex |
| 437 | offender, agreeing to the sex offender having supervised contact |
| 438 | with the child after receiving full disclosure of the sex |
| 439 | offender's present legal status, past criminal history, and the |
| 440 | results of the risk assessment. The commission may not approve |
| 441 | contact with the child if the parent or legal guardian refuses |
| 442 | to give written consent for supervised contact; |
| 443 | d. A safety plan prepared by the qualified practitioner, |
| 444 | who provides treatment to the offender, in collaboration with |
| 445 | the sex offender, the child's parent or legal guardian, and the |
| 446 | child, when age appropriate, which details the acceptable |
| 447 | conditions of contact between the sex offender and the child. |
| 448 | The safety plan must be reviewed and approved by the Department |
| 449 | of Corrections before being submitted to the commission; and |
| 450 | e. Evidence that the child's parent or legal guardian, if |
| 451 | the parent or legal guardian is not the sex offender, |
| 452 | understands the need for and agrees to the safety plan and has |
| 453 | agreed to provide, or to designate another adult to provide, |
| 454 | constant supervision any time the child is in contact with the |
| 455 | offender. |
| 456 |
|
| 457 | The commission may not appoint a person to conduct a risk |
| 458 | assessment and may not accept a risk assessment from a person |
| 459 | who has not demonstrated to the commission that he or she has |
| 460 | met the requirements of a qualified practitioner as defined in |
| 461 | this section. |
| 462 | 6. If the victim was under age 18, a prohibition on |
| 463 | working for pay or as a volunteer at any school, day care |
| 464 | center, park, playground, library, or other business or place |
| 465 | where children regularly congregate, as prescribed by the |
| 466 | commission. |
| 467 | 7. Unless otherwise indicated in the treatment plan |
| 468 | provided by the sexual offender treatment program, a prohibition |
| 469 | on viewing, owning, or possessing any obscene, pornographic, or |
| 470 | sexually stimulating visual or auditory material, including |
| 471 | telephone, electronic media, computer programs, or computer |
| 472 | services that are relevant to the offender's deviant behavior |
| 473 | pattern. |
| 474 | 8. Effective for a releasee whose crime is committed on or |
| 475 | after July 1, 2005, a prohibition on accessing the Internet or |
| 476 | other computer services until the offender's sex offender |
| 477 | treatment program, after a risk assessment is completed, |
| 478 | approves and implements a safety plan for the offender's |
| 479 | accessing or using the Internet or other computer services. |
| 480 | 9. A requirement that the releasee must submit two |
| 481 | specimens of blood to the Florida Department of Law Enforcement |
| 482 | to be registered with the DNA database. |
| 483 | 10. A requirement that the releasee make restitution to |
| 484 | the victim, as determined by the sentencing court or the |
| 485 | commission, for all necessary medical and related professional |
| 486 | services relating to physical, psychiatric, and psychological |
| 487 | care. |
| 488 | 11. Submission to a warrantless search by the community |
| 489 | control or probation officer of the probationer's or community |
| 490 | controllee's person, residence, or vehicle. Such warrantless |
| 491 | search includes the use of electronic monitoring or other means |
| 492 | in the case of a person convicted of an offense under s. |
| 493 | 775.21(4)(a)1. |
| 494 | (11) Effective for a releasee whose crime was a violation |
| 495 | of s. 787.01(1)(b) or s. 787.02(1)(b) committed on or after |
| 496 | October 1, 2006, and whose crime involved a victim less than 16 |
| 497 | years of age and an offender 18 years of age or older, in |
| 498 | addition to any other provision of this section, the commission |
| 499 | must order electronic monitoring for the duration of the |
| 500 | releasee's supervision. |
| 501 | Section 6. Subsection (8) is added to section 947.141, |
| 502 | Florida Statutes, to read: |
| 503 | 947.141 Violations of conditional release, control |
| 504 | release, or conditional medical release or addiction-recovery |
| 505 | supervision.-- |
| 506 | (8) Because of the compelling state interest in protecting |
| 507 | the public from sexual offenders or sexual predators granted the |
| 508 | privilege of conditional release, in any hearing alleging a |
| 509 | violation of community release by a releasee for failure to |
| 510 | comply with the residency exclusion in s. 947.1405, the |
| 511 | inability of the releasee to locate a residence in compliance |
| 512 | with s. 947.1405 shall not be a defense to the finding of a |
| 513 | violation under this section. |
| 514 | Section 7. Subsection (4) of section 948.06, Florida |
| 515 | Statutes, is amended to read: |
| 516 | 948.06 Violation of probation or community control; |
| 517 | revocation; modification; continuance; failure to pay |
| 518 | restitution or cost of supervision.-- |
| 519 | (4) Notwithstanding any other provision of this section, a |
| 520 | probationer or an offender in community control who is arrested |
| 521 | for violating his or her probation or community control in a |
| 522 | material respect may be taken before the court in the county or |
| 523 | circuit in which the probationer or offender was arrested. That |
| 524 | court shall advise him or her of such charge of a violation and, |
| 525 | if such charge is admitted, shall cause him or her to be brought |
| 526 | before the court which granted the probation or community |
| 527 | control. If such violation is not admitted by the probationer or |
| 528 | offender, the court may commit him or her or release him or her |
| 529 | with or without bail to await further hearing. However, if the |
| 530 | probationer or offender is under supervision for any criminal |
| 531 | offense proscribed in chapter 794, s. 800.04(4), (5), (6), s. |
| 532 | 827.071, or s. 847.0145, or is a registered sexual predator or a |
| 533 | registered sexual offender, or is under supervision for a |
| 534 | criminal offense for which he or she would meet the registration |
| 535 | criteria in s. 775.21, s. 943.0435, or s. 944.607 but for the |
| 536 | effective date of those sections, the court must make a finding |
| 537 | that the probationer or offender poses no is not a danger to the |
| 538 | public prior to release with or without bail. In determining |
| 539 | that the offender poses no danger to the public the danger posed |
| 540 | by the offender's or probationer's release, the court may |
| 541 | consider the nature and circumstances of the violation and any |
| 542 | new offenses charged; the offender's or probationer's past and |
| 543 | present conduct, including convictions of crimes; any record of |
| 544 | arrests without conviction for crimes involving violence or |
| 545 | sexual crimes; any other evidence of allegations of unlawful |
| 546 | sexual conduct or the use of violence by the offender or |
| 547 | probationer; the offender's or probationer's family ties, length |
| 548 | of residence in the community, employment history, and mental |
| 549 | condition; his or her history and conduct during the probation |
| 550 | or community control supervision from which the violation arises |
| 551 | and any other previous supervisions, including disciplinary |
| 552 | records of previous incarcerations; the likelihood that the |
| 553 | offender or probationer will engage again in a criminal course |
| 554 | of conduct; the weight of the evidence against the offender or |
| 555 | probationer; whether or not the probationer is currently subject |
| 556 | to electronic monitoring; and any other facts the court |
| 557 | considers relevant. The court, as soon as is practicable, shall |
| 558 | give the probationer or offender an opportunity to be fully |
| 559 | heard on his or her behalf in person or by counsel. After such |
| 560 | hearing, the court shall make findings of fact and forward the |
| 561 | findings to the court which granted the probation or community |
| 562 | control and to the probationer or offender or his or her |
| 563 | attorney. The findings of fact by the hearing court are binding |
| 564 | on the court which granted the probation or community control. |
| 565 | Upon the probationer or offender being brought before it, the |
| 566 | court which granted the probation or community control may |
| 567 | revoke, modify, or continue the probation or community control |
| 568 | or may place the probationer into community control as provided |
| 569 | in this section. |
| 570 | Section 8. Section 948.063, Florida Statutes, is amended |
| 571 | to read: |
| 572 | 948.063 Violations of probation or community control by |
| 573 | designated sexual offenders and sexual predators.-- |
| 574 | (1) If probation or community control is revoked by the |
| 575 | court pursuant to s. 948.06(2)(e) and the offender is required |
| 576 | to register designated as a sexual offender or sexual predator |
| 577 | under pursuant to s. 775.21 or as a sexual offender under s. |
| 578 | 943.0435 for unlawful sexual activity involving a victim under |
| 579 | 16 15 years of age or younger and the offender is 18 years of |
| 580 | age or older, and if the court imposes a subsequent term of |
| 581 | supervision following the revocation of probation or community |
| 582 | control, the court must order electronic monitoring as a |
| 583 | condition of the subsequent term of probation or community |
| 584 | control. |
| 585 | (2) If the probationer or offender is required to register |
| 586 | as a sexual predator under s. 775.21 or as a sexual offender |
| 587 | under s. 943.0435 for unlawful sexual activity involving a |
| 588 | victim under 16 years of age and the probationer or offender is |
| 589 | 18 years of age or older and has violated the conditions of his |
| 590 | or her probation or community control, but the court does not |
| 591 | revoke the probation or community control, the court shall |
| 592 | nevertheless modify the probation or community control to |
| 593 | include electronic monitoring for any probationer or offender |
| 594 | not then subject to electronic monitoring. |
| 595 | (3) Because of the compelling state interest in protecting |
| 596 | the public from sexual predators or sexual offenders on |
| 597 | probation, in any hearing alleging a violation of probation by a |
| 598 | releasee for failure to comply with the residency exclusion in |
| 599 | s. 948.30, the inability of the probationer to locate a |
| 600 | residence in compliance with s. 948.30 shall not be a defense to |
| 601 | the finding of a violation under this section. |
| 602 | Section 9. Paragraphs (b) and (k) of subsection (1) and |
| 603 | subsection (3) of section 948.30, Florida Statutes, are amended, |
| 604 | and subsection (4) is added to that section, to read: |
| 605 | 948.30 Additional terms and conditions of probation or |
| 606 | community control for certain sex offenses.--Conditions imposed |
| 607 | pursuant to this section do not require oral pronouncement at |
| 608 | the time of sentencing and shall be considered standard |
| 609 | conditions of probation or community control for offenders |
| 610 | specified in this section. |
| 611 | (1) Effective for probationers or community controllees |
| 612 | whose crime was committed on or after October 1, 1995, and who |
| 613 | are placed under supervision for violation of chapter 794, s. |
| 614 | 800.04, s. 827.071, or s. 847.0145, the court must impose the |
| 615 | following conditions in addition to all other standard and |
| 616 | special conditions imposed: |
| 617 | (b)1. Except as provided in subparagraph 2., if the victim |
| 618 | was under the age of 18, a prohibition on living within 1,000 |
| 619 | feet of a school, day care center, park, playground, or other |
| 620 | place where children regularly congregate, as prescribed by the |
| 621 | court. The 1,000-foot distance shall be measured in a straight |
| 622 | line from the offender's place of residence to the nearest |
| 623 | boundary line of the school, day care center, park, playground, |
| 624 | or other place where children regularly congregate. The distance |
| 625 | may not be measured by a pedestrian route or automobile route. |
| 626 | 2. For probationers or community controllees whose crime |
| 627 | was committed on or after October 1, 2006, if the victim was |
| 628 | under the age of 18, a prohibition on living within 1,500 feet |
| 629 | of a school, day care center, park, playground, library, or |
| 630 | other business or place where children regularly congregate, as |
| 631 | prescribed by the court. This distance shall be measured in a |
| 632 | straight line from the offender's place of residence to the |
| 633 | nearest boundary line of the school, day care center, park, |
| 634 | playground, library, or other business or place where children |
| 635 | regularly congregate. The distance may not be measured by a |
| 636 | pedestrian route or automobile route. |
| 637 | (k) Submission to a warrantless search by the community |
| 638 | control or probation officer of the probationer's or community |
| 639 | controllee's person, residence, or vehicle. Such a warrantless |
| 640 | search includes the use of electronic monitoring or other means |
| 641 | in the case of a person convicted of an offense under s. |
| 642 | 775.21(4)(a)1. |
| 643 | (3) Effective for a probationer or community controllee |
| 644 | whose crime was committed on or after September 1, 2005, and |
| 645 | who: |
| 646 | (a) Is placed on probation or community control for a |
| 647 | violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071, |
| 648 | or s. 847.0145 and the unlawful sexual activity involved a |
| 649 | victim under 16 15 years of age or younger and the offender is |
| 650 | 18 years of age or older; |
| 651 | (b) Is designated a sexual predator pursuant to s. 775.21; |
| 652 | or |
| 653 | (c) Has previously been convicted of a violation of |
| 654 | chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s. |
| 655 | 847.0145 and the unlawful sexual activity involved a victim |
| 656 | under 16 15 years of age or younger and the offender is 18 years |
| 657 | of age or older, |
| 658 |
|
| 659 | the court must order, in addition to any other provision of this |
| 660 | section, mandatory electronic monitoring as a condition of the |
| 661 | probation or community control supervision. |
| 662 | (4) Effective for a probationer or community controllee |
| 663 | whose crime was committed on or after October 1, 2006, who has |
| 664 | previously been convicted of a violation of s. 787.01(1)(b) or |
| 665 | s. 787.02(1)(b), and the unlawful sexual activity involved a |
| 666 | victim under 16 years of age and the offender is 18 years of age |
| 667 | or older, the court must order, in addition to any other |
| 668 | provision of this section, mandatory electronic monitoring as a |
| 669 | condition of the probation or community control supervision. |
| 670 | Section 10. This act shall take effect October 1, 2006. |