| 1 | A bill to be entitled |
| 2 | An act relating to criminal justice; amending s. 648.387, |
| 3 | F.S.; authorizing bail bond agents to provide electronic |
| 4 | monitoring equipment and services; authorizing bail bond |
| 5 | agents to contract with third-party vendors to provide |
| 6 | electronic monitoring services; authorizing bail bond |
| 7 | agents to register with a governmental entity to provide |
| 8 | electronic monitoring equipment and services in certain |
| 9 | circumstances; authorizing such agents to collect a fee |
| 10 | for electronic monitoring equipment and services; |
| 11 | providing that failure to timely pay fees constitutes |
| 12 | grounds to remand; providing that such fees are exempt |
| 13 | from specified premium requirements; amending s. 775.21, |
| 14 | F.S.; redefining the terms "permanent residence" and |
| 15 | "temporary residence" in order to reduce the number of |
| 16 | consecutive days and days in the aggregate that constitute |
| 17 | the residence of a sexual predator for purposes of |
| 18 | requirements that the predator register with the |
| 19 | Department of Law Enforcement, the sheriff's office, or |
| 20 | the Department of Corrections; revising provisions |
| 21 | relating to reimbursement of specified costs by sexual |
| 22 | predators; revising provisions relating to the residence |
| 23 | of sexual predators; providing penalties; creating s. |
| 24 | 775.215, F.S.; specifying residency exclusions for sexual |
| 25 | offenders or sexual predators; preempting and repealing |
| 26 | certain local ordinances; amending s. 775.24, F.S.; |
| 27 | revising provisions relating to residency exclusions for |
| 28 | sexual predators and sexual offenders; amending s. |
| 29 | 794.065, F.S.; providing additional residency restrictions |
| 30 | on certain offenders; providing penalties; creating s. |
| 31 | 907.06, F.S.; providing for electronic monitoring of |
| 32 | certain defendants on pretrial release; requiring the |
| 33 | monitored defendant to pay fees; providing that provision |
| 34 | of electronic monitoring equipment and services is not an |
| 35 | undertaking to protect members of the public from harm |
| 36 | occasioned by a monitored defendant; prohibiting a |
| 37 | defendant being monitored from tampering with monitoring |
| 38 | equipment; creating s. 907.07, F.S.; requiring the chief |
| 39 | judge of each circuit to maintain a list of licensed bail |
| 40 | bond agents who are eligible private vendors for provision |
| 41 | of electronic monitoring equipment and services; requiring |
| 42 | registration of such vendors and certification of |
| 43 | electronic monitoring devices; providing grounds for |
| 44 | removal from the list; creating s. 907.08, F.S.; providing |
| 45 | standards for privately owned electronic monitoring |
| 46 | systems; creating s. 907.09, F.S.; providing criminal |
| 47 | penalties for tampering with electronic monitoring |
| 48 | devices; providing criminal penalties for cloning or |
| 49 | jamming the signal of an electronic monitoring device; |
| 50 | providing criminal penalties for the alteration or |
| 51 | destruction of data stored or transmitted by an electronic |
| 52 | monitoring device with specified intent; creating s. |
| 53 | 944.161, F.S.; providing for electronic monitoring of |
| 54 | inmates within correctional facilities; requiring |
| 55 | monitoring of certain employees and visitors to such |
| 56 | facilities; providing system requirements; prohibiting |
| 57 | specified actions relating to such monitoring systems and |
| 58 | data from such systems; providing penalties; providing |
| 59 | rulemaking authority; amending s. 947.1405, F.S.; |
| 60 | providing additional conditional release restrictions for |
| 61 | certain offenders; amending s. 947.141, F.S.; revising |
| 62 | provisions relating to hearings alleging a violation of |
| 63 | community release by specified releasees for failure to |
| 64 | comply with specified residency exclusions; amending s. |
| 65 | 948.06, F.S.; revising provisions relating to probation or |
| 66 | community control for sexual predators and sexual |
| 67 | offenders; amending s. 948.063, F.S.; revising provisions |
| 68 | relating to violations of probation or community control |
| 69 | by designated sexual offenders and sexual predators; |
| 70 | amending s. 948.30, F.S.; revising provisions relating to |
| 71 | terms and conditions of probation or community control for |
| 72 | certain sex offenses; creating s. 985.4047, F.S.; |
| 73 | providing for electronic monitoring of juvenile offenders |
| 74 | within juvenile facilities; requiring monitoring of |
| 75 | certain employees and visitors to such facilities; |
| 76 | providing system requirements; prohibiting specified |
| 77 | actions relating to such monitoring systems and data from |
| 78 | such systems; providing penalties; providing rulemaking |
| 79 | authority; providing effective dates. |
| 80 |
|
| 81 | Be It Enacted by the Legislature of the State of Florida: |
| 82 |
|
| 83 | Section 1. Subsection (6) is added to section 648.387, |
| 84 | Florida Statutes, to read: |
| 85 | 648.387 Primary bail bond agents; duties; provision of |
| 86 | electronic monitoring equipment and services by licensed |
| 87 | agents.-- |
| 88 | (6)(a) A licensed bail bond agent qualifying under s. |
| 89 | 907.07 may provide electronic monitoring equipment and services |
| 90 | for defendants released from custody on a surety bond and |
| 91 | subject to conditions including electronic monitoring. A |
| 92 | licensed bail bond agent may subcontract with a third party to |
| 93 | provide these services if the third party complies with the |
| 94 | requirements under s. 907.07. A licensed bail bond agent |
| 95 | qualifying under s. 907.07 may also register with a governmental |
| 96 | entity to provide electronic monitoring equipment and services |
| 97 | under contract with that entity. |
| 98 | (b) A licensed bail bond agent may charge a defendant |
| 99 | subject to electronic monitoring a reasonable, nonrefundable fee |
| 100 | for electronic monitoring equipment and services. The amount of |
| 101 | the fee charged in each judicial circuit shall not exceed the |
| 102 | maximum daily fee set annually by the chief judge for the |
| 103 | judicial circuit in which the defendant is released. The failure |
| 104 | of a defendant to pay this fee in a timely manner shall |
| 105 | constitute grounds for the licensed bail bond agent to remand |
| 106 | the defendant to the custody of the court or appropriate law |
| 107 | enforcement agency. Fees charged by a bail bond agent for |
| 108 | electronic monitoring equipment and services shall not be |
| 109 | considered part of the bail bond premium and shall be exempt |
| 110 | from the provisions of s. 648.33. |
| 111 | (c) Records and receipts for electronic monitoring |
| 112 | equipment and services provided by a licensed bail bond agent |
| 113 | shall be kept separate and apart from bail bond records and |
| 114 | shall be available for inspection by the court or the |
| 115 | appropriate governmental entity. |
| 116 | Section 2. Paragraphs (f) and (g) of subsection (2), |
| 117 | paragraph (a) of subsection (7), and paragraph (b) of subsection |
| 118 | (10) of section 775.21, Florida Statutes, are amended to read: |
| 119 | 775.21 The Florida Sexual Predators Act.-- |
| 120 | (2) DEFINITIONS.--As used in this section, the term: |
| 121 | (f) "Permanent residence" means a place where the person |
| 122 | abides, lodges, or resides for 5 14 or more consecutive days. |
| 123 | (g) "Temporary residence" means a place where the person |
| 124 | abides, lodges, or resides for a period of 5 14 or more days in |
| 125 | the aggregate during any calendar year and which is not the |
| 126 | person's permanent address; or, for a person whose permanent |
| 127 | residence is not in this state, a place where the person is |
| 128 | employed, practices a vocation, or is enrolled as a student for |
| 129 | any period of time in this state; or a place where the person |
| 130 | routinely abides, lodges, or resides for a period of 4 or more |
| 131 | consecutive or nonconsecutive days in any month and which is not |
| 132 | the person's permanent residence, including any out-of-state |
| 133 | address. |
| 134 | (7) COMMUNITY AND PUBLIC NOTIFICATION.-- |
| 135 | (a) Law enforcement agencies must inform members of the |
| 136 | community and the public of a sexual predator's presence. Upon |
| 137 | notification of the presence of a sexual predator, the sheriff |
| 138 | of the county or the chief of police of the municipality where |
| 139 | the sexual predator establishes or maintains a permanent or |
| 140 | temporary residence shall notify members of the community and |
| 141 | the public of the presence of the sexual predator in a manner |
| 142 | deemed appropriate by the sheriff or the chief of police. Within |
| 143 | 48 hours after receiving notification of the presence of a |
| 144 | sexual predator, the sheriff of the county or the chief of |
| 145 | police of the municipality where the sexual predator temporarily |
| 146 | or permanently resides shall notify each licensed day care |
| 147 | center, elementary school, middle school, and high school, and |
| 148 | library within a 1-mile radius of the temporary or permanent |
| 149 | residence of the sexual predator of the presence of the sexual |
| 150 | predator. Information provided to members of the community and |
| 151 | the public regarding a sexual predator must include: |
| 152 | 1. The name of the sexual predator; |
| 153 | 2. A description of the sexual predator, including a |
| 154 | photograph; |
| 155 | 3. The sexual predator's current address, including the |
| 156 | name of the county or municipality if known; |
| 157 | 4. The circumstances of the sexual predator's offense or |
| 158 | offenses; and |
| 159 | 5. Whether the victim of the sexual predator's offense or |
| 160 | offenses was, at the time of the offense, a minor or an adult. |
| 161 |
|
| 162 | This paragraph does not authorize the release of the name of any |
| 163 | victim of the sexual predator. |
| 164 | (10) PENALTIES.-- |
| 165 | (b) A sexual predator who has been convicted of or found |
| 166 | to have committed, or has pled nolo contendere or guilty to, |
| 167 | regardless of adjudication, any violation, or attempted |
| 168 | violation, of s. 787.01, s. 787.02, or s. 787.025, where the |
| 169 | victim is a minor and the defendant is not the victim's parent; |
| 170 | s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s. 796.03; s. |
| 171 | 800.04; s. 827.071; s. 847.0133; or s. 847.0145, or a violation |
| 172 | of a similar law of another jurisdiction, when the victim of the |
| 173 | offense was a minor, and who works, whether for compensation or |
| 174 | as a volunteer, at any business, school, day care center, park, |
| 175 | playground, library, or business or other place where children |
| 176 | regularly congregate, commits a felony of the third degree, |
| 177 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 178 | Section 3. Section 775.215, Florida Statutes, is created |
| 179 | to read: |
| 180 | 775.215 Residency exclusions for sexual offenders or |
| 181 | predators; local ordinances preempted.-- |
| 182 | (1) The establishment of residency exclusions applicable |
| 183 | to the residences of a person required to register as a sexual |
| 184 | offender or sexual predator is expressly preempted to the state, |
| 185 | and the provisions of ss. 794.065, 947.1405, and 948.30 |
| 186 | establishing such exclusions supersede any municipal or county |
| 187 | ordinances imposing different exclusions. |
| 188 | (2) A provision of any ordinance adopted by a county or |
| 189 | municipality prior to October 1, 2006, imposing residency |
| 190 | exclusions for the residences of persons subject to the |
| 191 | provisions of s. 794.065, s. 947.1405, or s. 948.30 is hereby |
| 192 | repealed and abolished as of October 1, 2006. |
| 193 | Section 4. Subsection (2) of section 775.24, Florida |
| 194 | Statutes, is amended to read: |
| 195 | 775.24 Duty of the court to uphold laws governing sexual |
| 196 | predators and sexual offenders.-- |
| 197 | (2) If a person meets the criteria in this chapter for |
| 198 | designation as a sexual predator or meets the criteria in s. |
| 199 | 943.0435, s. 944.606, s. 944.607, or any other law for |
| 200 | classification as a sexual offender, the court may not enter an |
| 201 | order, for the purpose of approving a plea agreement or for any |
| 202 | other reason, which: |
| 203 | (a) Exempts a person who meets the criteria for |
| 204 | designation as a sexual predator or classification as a sexual |
| 205 | offender from such designation or classification, or exempts |
| 206 | such person from the requirements for registration or community |
| 207 | and public notification imposed upon sexual predators and sexual |
| 208 | offenders, or exempts such person from the residency exclusions |
| 209 | contained in ss. 794.065, 947.1405, and 948.30; |
| 210 | (b) Restricts the compiling, reporting, or release of |
| 211 | public records information that relates to sexual predators or |
| 212 | sexual offenders; or |
| 213 | (c) Prevents any person or entity from performing its |
| 214 | duties or operating within its statutorily conferred authority |
| 215 | as such duty or authority relates to sexual predators or sexual |
| 216 | offenders. |
| 217 | Section 5. Section 794.065, Florida Statutes, is amended |
| 218 | to read: |
| 219 | 794.065 Unlawful place of residence for persons convicted |
| 220 | of certain sex offenses.-- |
| 221 | (1)(a)1. It is unlawful for any person who has been |
| 222 | convicted of a violation of s. 794.011, s. 800.04, s. 827.071, |
| 223 | or s. 847.0145, regardless of whether adjudication has been |
| 224 | withheld, in which the victim of the offense was less than 16 |
| 225 | years of age, to reside within 1,000 feet of any school, day |
| 226 | care center, park, or playground. |
| 227 | 2. A person who violates this subsection section and whose |
| 228 | conviction for an offense listed in subparagraph 1. under s. |
| 229 | 794.011, s. 800.04, s. 827.071, or s. 847.0145 was classified |
| 230 | as: |
| 231 | a. A felony of the first degree or higher, commits a |
| 232 | felony of the third degree, punishable as provided in s. 775.082 |
| 233 | or s. 775.083. A person who violates this section and whose |
| 234 | conviction under s. 794.011, s. 800.04, s. 827.071, or s. |
| 235 | 847.0145 was classified as |
| 236 | b. A felony of the second or third degree, commits a |
| 237 | misdemeanor of the first degree, punishable as provided in s. |
| 238 | 775.082 or s. 775.083. |
| 239 | (b)(2) This subsection section applies to any person |
| 240 | convicted of an offense listed in subparagraph 1. if the offense |
| 241 | occurred a violation of s. 794.011, s. 800.04, s. 827.071, or s. |
| 242 | 847.0145 for offenses that occur on or after October 1, 2004. |
| 243 | (2)(a)1. It is unlawful for any person who has been |
| 244 | convicted of a violation of s. 787.01(3)(a)2., 3., 4., or 5., s. |
| 245 | 787.02(3)(a)2., 3., 4., or 5., s. 794.011, s. 800.04, s. |
| 246 | 827.071, or s. 847.0145, regardless of whether adjudication has |
| 247 | been withheld, in which the victim of the offense was less than |
| 248 | 16 years of age, to reside within 1,500 feet of any school, day |
| 249 | care center, park, playground, library, or other business or |
| 250 | place where children regularly congregate. |
| 251 | 2. A person violating this subsection whose conviction of |
| 252 | an offense listed in subparagraph 1. was classified as: |
| 253 | a. A felony of the first degree or higher, commits a |
| 254 | felony of the third degree, punishable as provided in s. 775.082 |
| 255 | or s. 775.083. |
| 256 | b. A felony of the second or third degree, commits a |
| 257 | misdemeanor of the first degree, punishable as provided in s. |
| 258 | 775.082 or s. 775.083. |
| 259 | (b) The distances in this subsection shall be measured in |
| 260 | a straight line from the offender's place of residence to the |
| 261 | nearest boundary line of the school, day care center, park, |
| 262 | playground, library, or other business or place where children |
| 263 | regularly congregate. The distance may not be measured by a |
| 264 | pedestrian route or automobile route. |
| 265 | (c) This subsection applies to any person convicted of an |
| 266 | offense listed in subparagraph (a)1. if the offense occurred on |
| 267 | or after October 1, 2006. |
| 268 | Section 6. Section 907.06, Florida Statutes, is created to |
| 269 | read: |
| 270 | 907.06 Electronic monitoring of certain defendants; |
| 271 | general requirements for equipment and services.-- |
| 272 | (1)(a) The court may order a defendant charged with a |
| 273 | forcible felony or a sexual offense, or charged with any crime |
| 274 | and previously convicted of a forcible felony or a sexual |
| 275 | offense, to be released from custody on a surety bond subject to |
| 276 | conditions that include, without limitation, electronic |
| 277 | monitoring, if electronic monitoring is available in the |
| 278 | jurisdiction. |
| 279 | (b) For purposes of this section, the term: |
| 280 | 1. "Forcible felony" has the same meaning as in s. 776.08. |
| 281 | 2. "Sexual offense" includes any of the offenses contained |
| 282 | in s. 943.0435(1)(a)1. |
| 283 | (2) A defendant who is released on a surety bond that |
| 284 | includes a condition requiring electronic monitoring shall pay a |
| 285 | reasonable fee for equipment use and monitoring as an additional |
| 286 | condition of pretrial release not to exceed the maximum daily |
| 287 | fee set by the chief judge of the judicial circuit in which the |
| 288 | defendant is released. |
| 289 | (3)(a) Electronic monitoring shall include the equipment |
| 290 | and services necessary to continuously receive electronic |
| 291 | signals from the transmitter worn by the defendant to determine |
| 292 | the defendant's geographic position at any time to within 10 |
| 293 | meters, using Global Positioning Satellite (GPS) technology, |
| 294 | subject to the limitations related to the technology and to |
| 295 | circumstances of force majeure. |
| 296 | (b) Provision of electronic monitoring equipment and |
| 297 | services may be undertaken as a primary responsibility of a |
| 298 | governmental entity or a licensed bail bond agent qualifying as |
| 299 | a vendor under s. 907.07. |
| 300 | (c) A governmental entity or licensed bail bond agent may |
| 301 | subcontract with an eligible third-party vendor for electronic |
| 302 | monitoring equipment and services, provided the third-party |
| 303 | vendor complies with all provisions of this subsection and s. |
| 304 | 907.08 and operates under the direction and control of the |
| 305 | governmental entity or licensed bail bond agent. A governmental |
| 306 | entity subcontracting for electronic monitoring equipment and |
| 307 | services must select the third-party vendor through a |
| 308 | competitive bidding process. |
| 309 | (4)(a) Any governmental entity or bail bond agent |
| 310 | providing electronic monitoring services must report any known |
| 311 | violations of the defendant's pretrial release conditions to the |
| 312 | appropriate court, law enforcement agency, and state attorney as |
| 313 | soon as possible. Additionally, if a third-party vendor is |
| 314 | providing the electronic monitoring equipment and services under |
| 315 | a subcontract, the third-party vendor must report any known |
| 316 | violations to the governmental entity or bail bond agent with |
| 317 | whom the third-party vendor has a subcontract. |
| 318 | (b) Notwithstanding the reporting requirements in |
| 319 | paragraph (a), the provision of electronic monitoring services |
| 320 | by a governmental entity or bail bond agent, or any |
| 321 | subcontractor thereof, shall not constitute a legal duty to |
| 322 | protect members of the public from criminal acts committed by a |
| 323 | monitored defendant. The sole purpose of electronic monitoring |
| 324 | is to give the governmental entity, bail bond agent, or law |
| 325 | enforcement agency, upon request, an indication of the physical |
| 326 | location of the monitored defendant at any point in time. The |
| 327 | governmental entity or licensed bail bond agent, or any |
| 328 | subcontractor thereof, is not responsible to third parties for |
| 329 | the failure of the monitoring equipment or for the criminal acts |
| 330 | of the monitored defendant. |
| 331 | (5) A defendant released in accordance with this section |
| 332 | shall not alter, tamper with, damage, or destroy any electronic |
| 333 | monitoring equipment or the data recorded by such equipment. A |
| 334 | defendant notified of a malfunction in the equipment shall |
| 335 | immediately cooperate with the governmental entity, bail bond |
| 336 | agent, or subcontractor thereof to restore the equipment to |
| 337 | proper functioning. A violation of this subsection shall |
| 338 | constitute a violation of pretrial release and be grounds for |
| 339 | the defendant to be remanded to the court or appropriate law |
| 340 | enforcement agency. |
| 341 | Section 7. Section 907.07, Florida Statutes, is created to |
| 342 | read: |
| 343 | 907.07 Vendors of electronic monitoring equipment and |
| 344 | services; bail bond agent eligibility; process; standards.-- |
| 345 | (1) This section shall not apply to electronic monitoring |
| 346 | services and equipment provided directly by a governmental |
| 347 | entity. |
| 348 | (2) The chief judge of each judicial circuit shall |
| 349 | maintain a list of all licensed bail bond agents qualified |
| 350 | pursuant to this section to serve as vendors of electronic |
| 351 | monitoring equipment and services in the judicial circuit. To |
| 352 | qualify as a vendor, a licensed bail bond agent must: |
| 353 | (a) Register the name of the licensed bail bond agent and, |
| 354 | if applicable, the subcontractor; the name and telephone number |
| 355 | of the individual employed by the licensed bail bond agent and, |
| 356 | if applicable, the subcontractor that is serving as the contact |
| 357 | person for the licensed bail bond agent and, if applicable, the |
| 358 | subcontractor; and the address of the licensed bail bond agent |
| 359 | and, if applicable, the subcontractor. |
| 360 | (b) Certify in writing, both initially and annually by |
| 361 | January 1, thereafter, the following: |
| 362 | 1. That the electronic monitoring equipment used by the |
| 363 | licensed bail bond agent or subcontractor complies with the |
| 364 | specifications for privately owned electronic monitoring devices |
| 365 | pursuant to s. 907.08. |
| 366 | 2. The maximum daily fee to be charged a defendant for |
| 367 | electronic monitoring services in that judicial circuit. |
| 368 | 3. That the licensed bail bond agent or subcontractor has |
| 369 | not pled nolo contendere to, or been adjudicated guilty or |
| 370 | convicted of, a felony offense. |
| 371 | (c) Promptly notify the chief judge of any changes in the |
| 372 | registration information required under this section. |
| 373 | (3) The chief judge may remove any licensed bail bond |
| 374 | agent from the list of eligible vendors if: |
| 375 | (a) The licensed bail bond agent fails to comply with the |
| 376 | registration or recertification requirements of this section; |
| 377 | (b) The licensed bail bond agent or, if applicable, the |
| 378 | subcontractor fails to properly monitor any defendant pursuant |
| 379 | to s. 907.06; |
| 380 | (c) The licensed bail bond agent charges a defendant a fee |
| 381 | for electronic monitoring services and equipment in excess of |
| 382 | the maximum amount established by the chief judge for the |
| 383 | judicial circuit in which the defendant is released; or |
| 384 | (d) The licensed bail bond agent or, if applicable, the |
| 385 | subcontractor has pled nolo contendere to, or been adjudicated |
| 386 | guilty or convicted of, a felony offense. |
| 387 | Section 8. Section 907.08, Florida Statutes, is created to |
| 388 | read: |
| 389 | 907.08 Standards for privately owned electronic monitoring |
| 390 | system.--To be used for electronic monitoring of a defendant |
| 391 | under s. 907.06, privately owned electronic monitoring systems |
| 392 | must meet the minimum specifications set forth in subsections |
| 393 | (1) and (2) and additionally must be consistent with the |
| 394 | performance standards set forth in subsections (3) through (9), |
| 395 | subject to the best commercially available technology at time of |
| 396 | procurement. Such a system must: |
| 397 | (1) Use a transmitter unit that meets certification |
| 398 | standards approved by the Federal Communications Commission. |
| 399 | (2)(a) Emit signal content 24 hours per day identifying |
| 400 | the specific device being worn by the defendant and the |
| 401 | defendant's physical location using Global Positioning Satellite |
| 402 | (GPS) technology accurate to within 10 meters; or |
| 403 | (b) Receive signal content 24 hours per day determining |
| 404 | the defendant's physical location using GPS technology accurate |
| 405 | to within 10 meters, recording the defendant's physical |
| 406 | locations throughout the day, and being capable of transmitting |
| 407 | that record of locations to the vendor at least daily. |
| 408 | (3) With respect to a unit affixed to a defendant, possess |
| 409 | an internal power source that provides a minimum of 1 year of |
| 410 | normal operation without having to recharge or replace the power |
| 411 | source. The device must emit signal content indicating its power |
| 412 | status and notifying the vendor when the power source needs to |
| 413 | be recharged or replaced. |
| 414 | (4) Possess and emit signal content indicating whether or |
| 415 | not the transmitter has been tampered with or removed. |
| 416 | (5) Possess encrypted signal content or another feature |
| 417 | designed to discourage duplication. |
| 418 | (6) Be shock resistant, waterproof, and capable of |
| 419 | reliable function under normal atmospheric and environmental |
| 420 | conditions. |
| 421 | (7) Be capable of wear and use in a manner that does not |
| 422 | pose a safety hazard or unduly restrict the activities of the |
| 423 | defendant. |
| 424 | (8) Be capable of being attached to the defendant in a |
| 425 | manner that readily reveals any efforts to tamper with or remove |
| 426 | the transmitter upon visual inspection. |
| 427 | (9) Make use of straps or other mechanisms for attaching |
| 428 | the transmitter to the defendant that are either capable of |
| 429 | being adjusted to fit a defendant of any size or that are |
| 430 | available in a variety of sizes. |
| 431 | Section 9. Section 907.09, Florida Statutes, is created to |
| 432 | read: |
| 433 | 907.09 Offenses related to electronic monitoring |
| 434 | devices.-- |
| 435 | (1) It is illegal for any person to intentionally alter, |
| 436 | tamper with, damage, or destroy any electronic monitoring device |
| 437 | used to monitor the location of a person pursuant to court |
| 438 | order, unless the person is the owner of the equipment or an |
| 439 | agent of the owner performing ordinary maintenance and repairs. |
| 440 | A person violating this subsection commits a felony of the third |
| 441 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 442 | 775.084. |
| 443 | (2) It is illegal for any person to develop, build, |
| 444 | create, possess, or use any device that is intended to mimic, |
| 445 | clone, interfere with, or jam the signal of an electronic |
| 446 | monitoring device used to monitor the location of a defendant |
| 447 | pursuant to court order. A person violating this subsection |
| 448 | commits a felony of the third degree, punishable as provided in |
| 449 | s. 775.082, s. 775.083, or s. 775.084. |
| 450 | (3) It is illegal for any person to intentionally alter, |
| 451 | tamper with, damage, or destroy any data stored or transmitted |
| 452 | by any electronic monitoring device used to monitor the location |
| 453 | of a defendant pursuant to court order with the intent to |
| 454 | violate the court order or to conceal a violation. A person |
| 455 | violating this subsection commits a felony of the third degree, |
| 456 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 457 | Section 10. Section 944.161, Florida Statutes, is created |
| 458 | to read: |
| 459 | 944.161 Electronic monitoring of inmates within |
| 460 | correctional facilities.-- |
| 461 | (1) The department is authorized to employ electronic |
| 462 | monitoring of inmates incarcerated within state and private |
| 463 | correctional facilities. The department must use electronic |
| 464 | monitoring systems that meet the minimum specifications set |
| 465 | forth in paragraphs (a) and (b) and are consistent with the |
| 466 | performance standards set forth in paragraph (c), subject to the |
| 467 | best commercially available technology at the time of |
| 468 | procurement. Such a system must: |
| 469 | (a) Have the capacity to continuously receive electronic |
| 470 | signals at a monitoring station within the correctional facility |
| 471 | from a transmitter that continuously transmits in real time and |
| 472 | identifies the specific geographic position within the facility |
| 473 | at any time of the following persons who must wear a |
| 474 | transmitter: |
| 475 | 1. Inmates. |
| 476 | 2. Department employees. |
| 477 | 3. Employees of any private sector company contracted to |
| 478 | operate a correctional facility. |
| 479 | 4. Any visitor to a correctional facility provided access |
| 480 | to areas designated for authorized personnel only. |
| 481 | (b) Use electronic monitoring transmitters worn by persons |
| 482 | in any correctional facility that are capable of providing |
| 483 | updates in at least 5-second intervals and transmit the |
| 484 | geographical location of a person wearing a transmitter to |
| 485 | within at least a 3-meter radius of his or her actual location |
| 486 | or to within a radius equal to the width of a facility's average |
| 487 | size sleeping quarters, whichever is less, subject to the |
| 488 | limitations relating to the state of the art of the technology |
| 489 | used and to circumstances of force majeure. Transmitters worn by |
| 490 | persons other than inmates shall also include a panic safety |
| 491 | button. |
| 492 | (c) Be consistent with the following technological and |
| 493 | functional performance standards: |
| 494 | 1. Be compatible with a commercially recognized wireless |
| 495 | network access standard as designated by the department and |
| 496 | sufficient bandwidth to support additional wireless networking |
| 497 | devices to expand the capacity of the correctional facility to |
| 498 | use the service. |
| 499 | 2. Have the capability of issuing an alarm to an internal |
| 500 | correctional monitoring station in an appropriate amount of time |
| 501 | after receiving a panic alert from an employee or visitor |
| 502 | transmitter or within an appropriate amount of time after |
| 503 | violation of the established parameters for permissible movement |
| 504 | of inmates, employees, and visitors within the facility. |
| 505 | 3. Have the capability of maintaining a historical storage |
| 506 | capacity sufficient to store up to at least 6 months of complete |
| 507 | inmate, employee, and visitor tracking data for purposes of |
| 508 | followup investigations and vendor contract auditing. The system |
| 509 | should be capable of recording the continuous uninterrupted |
| 510 | movement of all monitored individuals by specific position, |
| 511 | rather than solely by area or zone. All tracking data shall also |
| 512 | be periodically archived by appropriate electronic data transfer |
| 513 | to a permanent storage medium designated as acceptable by the |
| 514 | department and retained for at least a 5-year period. In |
| 515 | addition, tracking data collected from each facility shall be |
| 516 | electronically transmitted periodically to a secure centralized |
| 517 | offsite location designated by the department and in an |
| 518 | appropriate storage medium designated as acceptable by the |
| 519 | department as a supplemental backup to protect the archived data |
| 520 | from alteration and to prevent loss due to disaster or other |
| 521 | cause. |
| 522 | 4. With respect to a transmitter affixed to an inmate, be |
| 523 | capable of possessing an internal power source that is field |
| 524 | rechargeable or provides at least 1 year of normal operation |
| 525 | without the need to recharge or replace the power source. |
| 526 | Batteries used in devices should be capable of being replaced by |
| 527 | correctional employees. The device should emit signal content |
| 528 | indicating the power status of the transmitter and notifying the |
| 529 | correctional facility monitoring station of any need to recharge |
| 530 | or replace the power source. |
| 531 | 5. Possess and emit signal content indicating whether the |
| 532 | transmitter has been tampered with or removed. |
| 533 | 6. Possess encrypted signal content or another feature |
| 534 | designed to discourage duplication. |
| 535 | 7. Be shock resistant, waterproof, and capable of reliable |
| 536 | function under normal atmospheric and environmental conditions. |
| 537 | 8. Have the capability to sustain wear and use in a manner |
| 538 | that does not pose a safety hazard or unduly restrict the |
| 539 | activities of the inmate. |
| 540 | 9. Have the capability of being attached to the inmate in |
| 541 | a manner that readily reveals any efforts to tamper with or |
| 542 | remove the transmitter upon visual inspection. |
| 543 | 10. Either possess straps or other mechanisms for |
| 544 | attaching the transmitter to the inmate which are capable of |
| 545 | being adjusted to fit an inmate of any size or available in a |
| 546 | variety of sizes. |
| 547 | 11. Be designed and constructed in such a way as to resist |
| 548 | tampering with or removal by the inmate. |
| 549 | 12. Provide a backup power source in the event of a power |
| 550 | failure. |
| 551 | (d) The provisions of this section do not apply to |
| 552 | contracts executed pursuant to chapter 957 before July 1, 2006, |
| 553 | between the Department of Management Services and the private |
| 554 | prison provider. |
| 555 | (2) A person shall not intentionally alter, tamper with, |
| 556 | damage, or destroy any electronic monitoring equipment used to |
| 557 | monitor the location of a person within a correctional facility, |
| 558 | unless the person is the owner of the equipment or an agent of |
| 559 | the owner performing ordinary maintenance and repairs. A person |
| 560 | violating this subsection commits a felony of the third degree, |
| 561 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 562 | (3) A person shall not develop, build, create, possess, or |
| 563 | use any device that is intended to mimic, clone, interfere with, |
| 564 | or jam the signal of an electronic monitoring device used to |
| 565 | monitor the location of a person within a correctional facility. |
| 566 | A person violating this subsection commits a felony of the third |
| 567 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 568 | 775.084. |
| 569 | (4) A person shall not intentionally alter, tamper with, |
| 570 | damage, or destroy any data stored in an electronic monitoring |
| 571 | device pursuant to subparagraph (1)(c)3. unless done so with |
| 572 | written permission from an authorized official of the department |
| 573 | or in compliance with a data-retention policy of the department |
| 574 | adopted by rule. A person violating this subsection commits a |
| 575 | felony of the third degree, punishable as provided in s. |
| 576 | 775.082, s. 775.083, or s. 775.084. |
| 577 | (5) The department is authorized to adopt rules pursuant |
| 578 | to ss. 120.536(1) and 120.54 to implement the provisions of this |
| 579 | section. |
| 580 | Section 11. Effective July 1, 2006, subsections (2) and |
| 581 | (6) and paragraph (a) of subsection (7) of section 947.1405, |
| 582 | Florida Statutes, are amended, and subsection (11) is added to |
| 583 | that section, to read: |
| 584 | 947.1405 Conditional release program.-- |
| 585 | (2)(a) Any inmate who: |
| 586 | 1.(a) Is convicted of a crime committed on or after |
| 587 | October 1, 1988, and before January 1, 1994;, and any inmate who |
| 588 | is convicted of a crime committed on or after January 1, 1994, |
| 589 | which crime is or was contained in category 1, category 2, |
| 590 | category 3, or category 4 of Rule 3.701 and Rule 3.988, Florida |
| 591 | Rules of Criminal Procedure (1993), and who has served at least |
| 592 | one prior felony commitment at a state or federal correctional |
| 593 | institution; or is convicted under any of the following |
| 594 | statutory provisions committed on or after July 1, 2006: |
| 595 | a. Kidnapping, under s. 787.01(3)(a)2., 3., 4., or 5.; |
| 596 | b. False imprisonment, under s. 787.02(3)(a)2., 3., 4., or |
| 597 | 5.; |
| 598 | c. Sexual performance by a child, under s. 827.071; or |
| 599 | d. Selling or buying of minors, under s. 847.0145; |
| 600 | 2.(b) Is sentenced as a habitual or violent habitual |
| 601 | offender or a violent career criminal pursuant to s. 775.084; or |
| 602 | 3.(c) Is found to be a sexual predator under s. 775.21 or |
| 603 | former s. 775.23, |
| 604 |
|
| 605 | shall, upon reaching the tentative release date or provisional |
| 606 | release date, whichever is earlier, as established by the |
| 607 | Department of Corrections, be released under supervision subject |
| 608 | to specified terms and conditions, including payment of the cost |
| 609 | of supervision pursuant to s. 948.09. Such supervision shall be |
| 610 | applicable to all sentences within the overall term of sentences |
| 611 | if an inmate's overall term of sentences includes one or more |
| 612 | sentences that are eligible for conditional release supervision |
| 613 | as provided herein. |
| 614 | (b) Effective July 1, 1994, and applicable for offenses |
| 615 | committed on or after that date, the commission may require, as |
| 616 | a condition of conditional release, that the releasee make |
| 617 | payment of the debt due and owing to a county or municipal |
| 618 | detention facility under s. 951.032 for medical care, treatment, |
| 619 | hospitalization, or transportation received by the releasee |
| 620 | while in that detention facility. The commission, in determining |
| 621 | whether to order such repayment and the amount of such |
| 622 | repayment, shall consider the amount of the debt, whether there |
| 623 | was any fault of the institution for the medical expenses |
| 624 | incurred, the financial resources of the releasee, the present |
| 625 | and potential future financial needs and earning ability of the |
| 626 | releasee, and dependents, and other appropriate factors. |
| 627 | (c) If any inmate, other than an inmate required to |
| 628 | register as a sexual predator under s. 775.21 or as a sexual |
| 629 | offender under s. 943.0435, placed on conditional release |
| 630 | supervision is also subject to probation or community control, |
| 631 | resulting from a probationary or community control split |
| 632 | sentence within the overall term of sentences, the Department of |
| 633 | Corrections shall supervise such person according to the |
| 634 | conditions imposed by the court and the commission shall defer |
| 635 | to such supervision. If the court revokes probation or community |
| 636 | control and resentences the offender to a term of incarceration, |
| 637 | such revocation also constitutes a sufficient basis for the |
| 638 | revocation of the conditional release supervision on any |
| 639 | nonprobationary or noncommunity control sentence without further |
| 640 | hearing by the commission. If any such supervision on any |
| 641 | nonprobationary or noncommunity control sentence is revoked, |
| 642 | such revocation may result in a forfeiture of all gain-time, and |
| 643 | the commission may revoke the resulting deferred conditional |
| 644 | release supervision or take other action it considers |
| 645 | appropriate. If the term of conditional release supervision |
| 646 | exceeds that of the probation or community control, then, upon |
| 647 | expiration of the probation or community control, authority for |
| 648 | the supervision shall revert to the commission and the |
| 649 | supervision shall be subject to the conditions imposed by the |
| 650 | commission. |
| 651 | (d) If any inmate required to register as a sexual |
| 652 | predator under s. 775.21 or as a sexual offender under s. |
| 653 | 943.0435 is placed on conditional release supervision is also |
| 654 | subject to probation or community control, the period of court- |
| 655 | ordered community supervision shall not be substituted for |
| 656 | conditional release supervision and shall follow the term of |
| 657 | conditional release supervision. |
| 658 | (e) A panel of no fewer than two commissioners shall |
| 659 | establish the terms and conditions of any such release. If the |
| 660 | offense was a controlled substance violation, the conditions |
| 661 | shall include a requirement that the offender submit to random |
| 662 | substance abuse testing intermittently throughout the term of |
| 663 | conditional release supervision, upon the direction of the |
| 664 | correctional probation officer as defined in s. 943.10(3). The |
| 665 | commission shall also determine whether the terms and conditions |
| 666 | of such release have been violated and whether such violation |
| 667 | warrants revocation of the conditional release. |
| 668 | (6) The commission shall review the recommendations of the |
| 669 | department, and such other information as it deems relevant, and |
| 670 | may conduct a review of the inmate's record for the purpose of |
| 671 | establishing the terms and conditions of the conditional |
| 672 | release. The commission may impose any special conditions it |
| 673 | considers warranted from its review of the release plan and |
| 674 | recommendation. If the commission determines that the inmate is |
| 675 | eligible for release under this section, the commission shall |
| 676 | enter an order establishing the length of supervision and the |
| 677 | conditions attendant thereto. However, an inmate who has been |
| 678 | convicted of a violation of chapter 794 or found by the court to |
| 679 | be a sexual predator is subject to the maximum level of |
| 680 | supervision provided, with the mandatory conditions as required |
| 681 | in subsection (7), and that supervision shall continue through |
| 682 | the end of the releasee's original court-imposed sentence. The |
| 683 | length of supervision must not exceed the maximum penalty |
| 684 | imposed by the court. The commission may modify the conditions |
| 685 | of supervision at any time as warranted in the interest of |
| 686 | public safety. |
| 687 | (7)(a) Any inmate who is convicted of a crime committed on |
| 688 | or after October 1, 1995, or who has been previously convicted |
| 689 | of a crime committed on or after October 1, 1995, in violation |
| 690 | of chapter 794, s. 800.04, s. 827.071, or s. 847.0145, and is |
| 691 | subject to conditional release supervision, shall have, in |
| 692 | addition to any other conditions imposed, the following special |
| 693 | conditions imposed by the commission: |
| 694 | 1. A mandatory curfew from 10 p.m. to 6 a.m. The |
| 695 | commission may designate another 8-hour period if the offender's |
| 696 | employment precludes the above specified time, and such |
| 697 | alternative is recommended by the Department of Corrections. If |
| 698 | the commission determines that imposing a curfew would endanger |
| 699 | the victim, the commission may consider alternative sanctions. |
| 700 | 2.a. If the victim was under the age of 18, a prohibition |
| 701 | on living within 1,000 feet of a school, day care center, park, |
| 702 | playground, designated public school bus stop, or other place |
| 703 | where children regularly congregate. A releasee who is subject |
| 704 | to this subparagraph may not relocate to a residence that is |
| 705 | within 1,000 feet of a public school bus stop. |
| 706 | b. Beginning October 1, 2004, the commission or the |
| 707 | department may not approve a residence that is located within |
| 708 | 1,000 feet of a school, day care center, park, playground, |
| 709 | designated school bus stop, or other place where children |
| 710 | regularly congregate for any releasee who is subject to this |
| 711 | subparagraph. On October 1, 2004, the department shall notify |
| 712 | each affected school district of the location of the residence |
| 713 | of a releasee 30 days prior to release and thereafter, if the |
| 714 | releasee relocates to a new residence, shall notify any affected |
| 715 | school district of the residence of the releasee within 30 days |
| 716 | after relocation. If, on October 1, 2004, any public school bus |
| 717 | stop is located within 1,000 feet of the existing residence of |
| 718 | such releasee, the district school board shall relocate that |
| 719 | school bus stop. Beginning October 1, 2004, a district school |
| 720 | board may not establish or relocate a public school bus stop |
| 721 | within 1,000 feet of the residence of a releasee who is subject |
| 722 | to this subparagraph. The failure of the district school board |
| 723 | to comply with this subparagraph shall not result in a violation |
| 724 | of conditional release supervision. |
| 725 | c. Beginning October 1, 2006, neither the commission nor |
| 726 | the department may approve a residence located within 1,500 feet |
| 727 | of a school, day care center, park, playground, designated |
| 728 | school bus stop, library, or other business or place where |
| 729 | children regularly congregate for any releasee who is subject to |
| 730 | this subparagraph. The distance provided in this sub- |
| 731 | subparagraph shall be measured in a straight line from the |
| 732 | offender's place of residence to the nearest boundary line of |
| 733 | the school, day care center, park, playground, library, or other |
| 734 | business or place where children regularly congregate. The |
| 735 | distance may not be measured by a pedestrian route or automobile |
| 736 | route. |
| 737 | 3. Active participation in and successful completion of a |
| 738 | sex offender treatment program with qualified practitioners |
| 739 | specifically trained to treat sex offenders, at the releasee's |
| 740 | own expense. If a qualified practitioner is not available within |
| 741 | a 50-mile radius of the releasee's residence, the offender shall |
| 742 | participate in other appropriate therapy. |
| 743 | 4. A prohibition on any contact with the victim, directly |
| 744 | or indirectly, including through a third person, unless approved |
| 745 | by the victim, the offender's therapist, and the sentencing |
| 746 | court. |
| 747 | 5. If the victim was under the age of 18, a prohibition |
| 748 | against contact with children under the age of 18 without review |
| 749 | and approval by the commission. The commission may approve |
| 750 | supervised contact with a child under the age of 18 if the |
| 751 | approval is based upon a recommendation for contact issued by a |
| 752 | qualified practitioner who is basing the recommendation on a |
| 753 | risk assessment. Further, the sex offender must be currently |
| 754 | enrolled in or have successfully completed a sex offender |
| 755 | therapy program. The commission may not grant supervised contact |
| 756 | with a child if the contact is not recommended by a qualified |
| 757 | practitioner and may deny supervised contact with a child at any |
| 758 | time. When considering whether to approve supervised contact |
| 759 | with a child, the commission must review and consider the |
| 760 | following: |
| 761 | a. A risk assessment completed by a qualified |
| 762 | practitioner. The qualified practitioner must prepare a written |
| 763 | report that must include the findings of the assessment and |
| 764 | address each of the following components: |
| 765 | (I) The sex offender's current legal status; |
| 766 | (II) The sex offender's history of adult charges with |
| 767 | apparent sexual motivation; |
| 768 | (III) The sex offender's history of adult charges without |
| 769 | apparent sexual motivation; |
| 770 | (IV) The sex offender's history of juvenile charges, |
| 771 | whenever available; |
| 772 | (V) The sex offender's offender treatment history, |
| 773 | including a consultation from the sex offender's treating, or |
| 774 | most recent treating, therapist; |
| 775 | (VI) The sex offender's current mental status; |
| 776 | (VII) The sex offender's mental health and substance abuse |
| 777 | history as provided by the Department of Corrections; |
| 778 | (VIII) The sex offender's personal, social, educational, |
| 779 | and work history; |
| 780 | (IX) The results of current psychological testing of the |
| 781 | sex offender if determined necessary by the qualified |
| 782 | practitioner; |
| 783 | (X) A description of the proposed contact, including the |
| 784 | location, frequency, duration, and supervisory arrangement; |
| 785 | (XI) The child's preference and relative comfort level |
| 786 | with the proposed contact, when age-appropriate; |
| 787 | (XII) The parent's or legal guardian's preference |
| 788 | regarding the proposed contact; and |
| 789 | (XIII) The qualified practitioner's opinion, along with |
| 790 | the basis for that opinion, as to whether the proposed contact |
| 791 | would likely pose significant risk of emotional or physical harm |
| 792 | to the child. |
| 793 |
|
| 794 | The written report of the assessment must be given to the |
| 795 | commission. |
| 796 | b. A recommendation made as a part of the risk-assessment |
| 797 | report as to whether supervised contact with the child should be |
| 798 | approved; |
| 799 | c. A written consent signed by the child's parent or legal |
| 800 | guardian, if the parent or legal guardian is not the sex |
| 801 | offender, agreeing to the sex offender having supervised contact |
| 802 | with the child after receiving full disclosure of the sex |
| 803 | offender's present legal status, past criminal history, and the |
| 804 | results of the risk assessment. The commission may not approve |
| 805 | contact with the child if the parent or legal guardian refuses |
| 806 | to give written consent for supervised contact; |
| 807 | d. A safety plan prepared by the qualified practitioner, |
| 808 | who provides treatment to the offender, in collaboration with |
| 809 | the sex offender, the child's parent or legal guardian, and the |
| 810 | child, when age appropriate, which details the acceptable |
| 811 | conditions of contact between the sex offender and the child. |
| 812 | The safety plan must be reviewed and approved by the Department |
| 813 | of Corrections before being submitted to the commission; and |
| 814 | e. Evidence that the child's parent or legal guardian, if |
| 815 | the parent or legal guardian is not the sex offender, |
| 816 | understands the need for and agrees to the safety plan and has |
| 817 | agreed to provide, or to designate another adult to provide, |
| 818 | constant supervision any time the child is in contact with the |
| 819 | offender. |
| 820 |
|
| 821 | The commission may not appoint a person to conduct a risk |
| 822 | assessment and may not accept a risk assessment from a person |
| 823 | who has not demonstrated to the commission that he or she has |
| 824 | met the requirements of a qualified practitioner as defined in |
| 825 | this section. |
| 826 | 6. If the victim was under age 18, a prohibition on |
| 827 | working for pay or as a volunteer at any school, day care |
| 828 | center, park, playground, library, or other business or place |
| 829 | where children regularly congregate, as prescribed by the |
| 830 | commission. |
| 831 | 7. Unless otherwise indicated in the treatment plan |
| 832 | provided by the sexual offender treatment program, a prohibition |
| 833 | on viewing, owning, or possessing any obscene, pornographic, or |
| 834 | sexually stimulating visual or auditory material, including |
| 835 | telephone, electronic media, computer programs, or computer |
| 836 | services that are relevant to the offender's deviant behavior |
| 837 | pattern. |
| 838 | 8. Effective for a releasee whose crime is committed on or |
| 839 | after July 1, 2005, a prohibition on accessing the Internet or |
| 840 | other computer services until the offender's sex offender |
| 841 | treatment program, after a risk assessment is completed, |
| 842 | approves and implements a safety plan for the offender's |
| 843 | accessing or using the Internet or other computer services. |
| 844 | 9. A requirement that the releasee must submit two |
| 845 | specimens of blood to the Florida Department of Law Enforcement |
| 846 | to be registered with the DNA database. |
| 847 | 10. A requirement that the releasee make restitution to |
| 848 | the victim, as determined by the sentencing court or the |
| 849 | commission, for all necessary medical and related professional |
| 850 | services relating to physical, psychiatric, and psychological |
| 851 | care. |
| 852 | 11. Submission to a warrantless search by the community |
| 853 | control or probation officer of the probationer's or community |
| 854 | controllee's person, residence, or vehicle. |
| 855 | (11) Effective for a releasee whose crime was a violation |
| 856 | of s. 787.01(3)(a)2., 3., 4., or 5. or s. 787.02(3)(a)2., 3., |
| 857 | 4., or 5., who committed the offense on or after October 1, |
| 858 | 2006, and who was 18 years of age or older at the time of the |
| 859 | offense, in addition to any other provision of this section, the |
| 860 | commission must order electronic monitoring for the duration of |
| 861 | the releasee's supervision. |
| 862 | Section 12. Effective July 1, 2006, subsection (8) is |
| 863 | added to section 947.141, Florida Statutes, to read: |
| 864 | 947.141 Violations of conditional release, control |
| 865 | release, or conditional medical release or addiction-recovery |
| 866 | supervision.-- |
| 867 | (8) Because of the compelling state interest in protecting |
| 868 | the public from sexual offenders or sexual predators granted the |
| 869 | privilege of conditional release, in any hearing alleging a |
| 870 | violation of conditional release by a releasee for failure to |
| 871 | comply with the residency exclusion in s. 947.1405, the |
| 872 | inability of the releasee to locate a residence in compliance |
| 873 | with s. 947.1405 shall not be a defense to the finding of a |
| 874 | violation under this section. |
| 875 | Section 13. Subsection (4) of section 948.06, Florida |
| 876 | Statutes, is amended to read: |
| 877 | 948.06 Violation of probation or community control; |
| 878 | revocation; modification; continuance; failure to pay |
| 879 | restitution or cost of supervision.-- |
| 880 | (4) Notwithstanding any other provision of this section, a |
| 881 | probationer or an offender in community control who is arrested |
| 882 | for violating his or her probation or community control in a |
| 883 | material respect may be taken before the court in the county or |
| 884 | circuit in which the probationer or offender was arrested. That |
| 885 | court shall advise him or her of such charge of a violation and, |
| 886 | if such charge is admitted, shall cause him or her to be brought |
| 887 | before the court which granted the probation or community |
| 888 | control. If such violation is not admitted by the probationer or |
| 889 | offender, the court may commit him or her or release him or her |
| 890 | with or without bail to await further hearing. However, if the |
| 891 | probationer or offender is under supervision for any criminal |
| 892 | offense proscribed in chapter 794, s. 800.04(4), (5), (6), s. |
| 893 | 827.071, or s. 847.0145, or is a registered sexual predator or a |
| 894 | registered sexual offender, or is under supervision for a |
| 895 | criminal offense for which he or she would meet the registration |
| 896 | criteria in s. 775.21, s. 943.0435, or s. 944.607 but for the |
| 897 | effective date of those sections, the court must make a finding |
| 898 | that the probationer or offender poses no is not a danger to the |
| 899 | public prior to release with or without bail. In determining |
| 900 | that the offender poses no danger to the public the danger posed |
| 901 | by the offender's or probationer's release, the court may |
| 902 | consider the nature and circumstances of the violation and any |
| 903 | new offenses charged; the offender's or probationer's past and |
| 904 | present conduct, including convictions of crimes; any record of |
| 905 | arrests without conviction for crimes involving violence or |
| 906 | sexual crimes; any other evidence of allegations of unlawful |
| 907 | sexual conduct or the use of violence by the offender or |
| 908 | probationer; the offender's or probationer's family ties, length |
| 909 | of residence in the community, employment history, and mental |
| 910 | condition; his or her history and conduct during the probation |
| 911 | or community control supervision from which the violation arises |
| 912 | and any other previous supervisions, including disciplinary |
| 913 | records of previous incarcerations; the likelihood that the |
| 914 | offender or probationer will engage again in a criminal course |
| 915 | of conduct; the weight of the evidence against the offender or |
| 916 | probationer; whether the probationer is currently subject to |
| 917 | electronic monitoring; and any other facts the court considers |
| 918 | relevant. The court, as soon as is practicable, shall give the |
| 919 | probationer or offender an opportunity to be fully heard on his |
| 920 | or her behalf in person or by counsel. After such hearing, the |
| 921 | court shall make findings of fact and forward the findings to |
| 922 | the court which granted the probation or community control and |
| 923 | to the probationer or offender or his or her attorney. The |
| 924 | findings of fact by the hearing court are binding on the court |
| 925 | which granted the probation or community control. Upon the |
| 926 | probationer or offender being brought before it, the court which |
| 927 | granted the probation or community control may revoke, modify, |
| 928 | or continue the probation or community control or may place the |
| 929 | probationer into community control as provided in this section. |
| 930 | Section 14. Section 948.063, Florida Statutes, is amended |
| 931 | to read: |
| 932 | 948.063 Violations of probation or community control by |
| 933 | designated sexual offenders and sexual predators.-- |
| 934 | (1) If probation or community control for any felony |
| 935 | offense is revoked by the court pursuant to s. 948.06(2)(e) and |
| 936 | the offender is required to register designated as a sexual |
| 937 | offender or sexual predator under pursuant to s. 775.21 or as a |
| 938 | sexual offender under s. 943.0435 or s. 944.607 for unlawful |
| 939 | sexual activity involving a victim under 16 15 years of age or |
| 940 | younger and the offender is 18 years of age or older, and if the |
| 941 | court imposes a subsequent term of supervision following the |
| 942 | revocation of probation or community control, the court must |
| 943 | order electronic monitoring as a condition of the subsequent |
| 944 | term of probation or community control. |
| 945 | (2) If the probationer or offender is required to register |
| 946 | as a sexual predator under s. 775.21 or as a sexual offender |
| 947 | under s. 943.0435 for unlawful sexual activity involving a |
| 948 | victim under 16 years of age and the probationer or offender is |
| 949 | 18 years of age or older and has violated the conditions of his |
| 950 | or her probation or community control, but the court does not |
| 951 | revoke the probation or community control, the court shall |
| 952 | nevertheless modify the probation or community control to |
| 953 | include electronic monitoring for any probationer or offender |
| 954 | not then subject to electronic monitoring. |
| 955 | Section 15. Effective September 1, 2006, paragraph (b) of |
| 956 | subsection (1) and subsection (3) of section 948.30, Florida |
| 957 | Statutes, are amended, and subsection (4) is added to that |
| 958 | section, to read: |
| 959 | 948.30 Additional terms and conditions of probation or |
| 960 | community control for certain sex offenses.--Conditions imposed |
| 961 | pursuant to this section do not require oral pronouncement at |
| 962 | the time of sentencing and shall be considered standard |
| 963 | conditions of probation or community control for offenders |
| 964 | specified in this section. |
| 965 | (1) Effective for probationers or community controllees |
| 966 | whose crime was committed on or after October 1, 1995, and who |
| 967 | are placed under supervision for violation of chapter 794, s. |
| 968 | 800.04, s. 827.071, or s. 847.0145, the court must impose the |
| 969 | following conditions in addition to all other standard and |
| 970 | special conditions imposed: |
| 971 | (b)1. Except as provided in subparagraph 2., if the victim |
| 972 | was under the age of 18, a prohibition on living within 1,000 |
| 973 | feet of a school, day care center, park, playground, or other |
| 974 | place where children regularly congregate, as prescribed by the |
| 975 | court. The 1,000-foot distance shall be measured in a straight |
| 976 | line from the offender's place of residence to the nearest |
| 977 | boundary line of the school, day care center, park, playground, |
| 978 | or other place where children regularly congregate. The distance |
| 979 | may not be measured by a pedestrian route or automobile route. |
| 980 | 2. For probationers or community controllees whose crime |
| 981 | was committed on or after October 1, 2006, if the victim was |
| 982 | under the age of 18, a prohibition on living within 1,500 feet |
| 983 | of a school, day care center, park, playground, library, or |
| 984 | other business or place where children regularly congregate, as |
| 985 | prescribed by the court. This distance shall be measured in a |
| 986 | straight line from the offender's place of residence to the |
| 987 | nearest boundary line of the school, day care center, park, |
| 988 | playground, library, or other business or place where children |
| 989 | regularly congregate. The distance may not be measured by a |
| 990 | pedestrian route or automobile route. |
| 991 | (3) Effective for a probationer or community controllee |
| 992 | whose felony offense crime was committed on or after September |
| 993 | 1, 2005, and who: |
| 994 | (a) Is placed on probation or community control for a |
| 995 | violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071, |
| 996 | or s. 847.0145 and the unlawful sexual activity involved a |
| 997 | victim under 16 15 years of age or younger and the offender is |
| 998 | 18 years of age or older; |
| 999 | (b) Is designated a sexual predator pursuant to s. 775.21; |
| 1000 | or |
| 1001 | (c) Has previously been convicted of a violation of |
| 1002 | chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s. |
| 1003 | 847.0145 and the unlawful sexual activity involved a victim |
| 1004 | under 16 15 years of age or younger and the offender is 18 years |
| 1005 | of age or older, |
| 1006 |
|
| 1007 | the court must order, in addition to any other provision of this |
| 1008 | section, mandatory electronic monitoring as a condition of the |
| 1009 | probation or community control supervision. |
| 1010 | (4) Effective for a probationer or community controllee |
| 1011 | whose felony offense was committed on or after September 1, |
| 1012 | 2006, and who: |
| 1013 | (a) Is placed on probation or community control for a |
| 1014 | violation of s. 787.01(3)(a)2., 3., 4., or 5., s. |
| 1015 | 787.02(3)(a)2., 3., 4., or 5., chapter 794, s. 800.04(4), (5), |
| 1016 | or (6), s. 827.071, or s. 847.0145 and the unlawful sexual |
| 1017 | activity involved a victim under 16 years of age and the |
| 1018 | offender is 18 years of age or older; |
| 1019 | (b) Is designated a sexual predator pursuant to s. 775.21; |
| 1020 | or |
| 1021 | (c) Has previously been convicted of a violation of s. |
| 1022 | 787.01(3)(a)2., 3., 4., or 5., s. 787.02(3)(a)2., 3., 4., or 5., |
| 1023 | chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s. |
| 1024 | 847.0145 and the unlawful sexual activity involved a victim |
| 1025 | under 16 years of age and the offender is 18 years of age or |
| 1026 | older, |
| 1027 |
|
| 1028 | the court must order, in addition to any other provision of this |
| 1029 | section, mandatory electronic monitoring as a condition of the |
| 1030 | probation or community control supervision. |
| 1031 | Section 16. Section 985.4047, Florida Statutes, is created |
| 1032 | to read: |
| 1033 | 985.4047 Electronic monitoring of juvenile offenders |
| 1034 | within juvenile facilities.-- |
| 1035 | (1) The department is authorized to employ electronic |
| 1036 | monitoring of juvenile offenders incarcerated within state and |
| 1037 | private juvenile offender facilities for the purpose or reducing |
| 1038 | offender-on-offender violence and reducing employee sexual |
| 1039 | misconduct as defined in s. 985.4045. The department must use |
| 1040 | electronic monitoring systems that meet the minimum |
| 1041 | specifications set forth in paragraphs (a) and (b) and are |
| 1042 | consistent with the performance standards set forth in paragraph |
| 1043 | (c), subject to the best commercially available technology at |
| 1044 | the time of procurement. Such a system must: |
| 1045 | (a) Have the capacity to continuously receive electronic |
| 1046 | signals at a monitoring station within the correctional facility |
| 1047 | from a transmitter that continuously transmits in real time and |
| 1048 | identifies the specific geographic position within the facility |
| 1049 | at any time of the following persons who must wear a |
| 1050 | transmitter: |
| 1051 | 1. Juvenile offenders. |
| 1052 | 2. Department employees. |
| 1053 | 3. Employees of a private sector company contracted to |
| 1054 | operate a juvenile facility. |
| 1055 | 4. Any visitor to a juvenile facility provided access to |
| 1056 | areas designated for authorized personnel only. |
| 1057 | (b) Use electronic monitoring transmitters worn by persons |
| 1058 | in any juvenile facility that provide updates in at least 5- |
| 1059 | second intervals and transmit the geographical location of a |
| 1060 | person wearing a transmitter to within at least a 3-meter radius |
| 1061 | of his or her actual location or to within a radius equal to the |
| 1062 | width of a facility's average size sleeping quarters, whichever |
| 1063 | is less, subject to the limitations relating to the state of the |
| 1064 | art of the technology used and to circumstances of force |
| 1065 | majeure. Transmitters worn by persons other than juvenile |
| 1066 | offenders shall also include a panic safety button. |
| 1067 | (c) Be consistent with the following technological and |
| 1068 | functional performance standards: |
| 1069 | 1. Be compatible with a commercially recognized wireless |
| 1070 | network access standard as designated by the department and |
| 1071 | sufficient bandwidth to support additional wireless networking |
| 1072 | devices to expand the capacity of the correctional facility to |
| 1073 | use the service. |
| 1074 | 2. Have the capability of issuing an alarm to an internal |
| 1075 | correctional monitoring station in an appropriate amount of time |
| 1076 | after receiving a panic alert from an employee or visitor |
| 1077 | transmitter or within an appropriate amount of time after |
| 1078 | violation of the established parameters for permissible movement |
| 1079 | of inmates, employees, and visitors within the facility. |
| 1080 | 3. Have the capability of maintaining a historical storage |
| 1081 | capacity sufficient to store up to at least 6 months of complete |
| 1082 | juvenile offender, employee, and visitor tracking data for |
| 1083 | purposes of followup investigations and vendor contract |
| 1084 | auditing. The system should be capable of recording the |
| 1085 | continuous uninterrupted movement of all monitored individuals |
| 1086 | by specific position, rather than solely by area or zone. All |
| 1087 | tracking data shall also be periodically archived by appropriate |
| 1088 | electronic data transfer to a permanent storage medium |
| 1089 | designated as acceptable by the department and retained for at |
| 1090 | least a 5-year period. In addition, tracking data collected from |
| 1091 | each facility shall be electronically transmitted periodically |
| 1092 | to a secure centralized offsite location designated by the |
| 1093 | department and in an appropriate storage medium designated as |
| 1094 | acceptable by the department as a supplemental backup to protect |
| 1095 | the archived data from alteration and to prevent loss due to |
| 1096 | disaster or other cause. |
| 1097 | 4. With respect to a unit affixed to a juvenile offender, |
| 1098 | be capable of possessing an internal power source that is field |
| 1099 | rechargeable or provides at least 1 year of normal operation |
| 1100 | without the need to recharge or replace the power source. |
| 1101 | Batteries used in devices should be capable of being replaced by |
| 1102 | correctional employees. The device should emit signal content |
| 1103 | indicating the power status of the transmitter and notifying the |
| 1104 | juvenile facility monitoring station of any need to recharge or |
| 1105 | replace the power source. |
| 1106 | 5. Possess and emit signal content indicating whether the |
| 1107 | transmitter has been tampered with or removed. |
| 1108 | 6. Possess encrypted signal content or another feature |
| 1109 | designed to discourage duplication. |
| 1110 | 7. Be shock resistant, waterproof, and capable of reliable |
| 1111 | function under normal atmospheric and environmental conditions. |
| 1112 | 8. Have the capacity to sustain wear and use in a manner |
| 1113 | that does not pose a safety hazard or unduly restrict the |
| 1114 | activities of the offender. |
| 1115 | 9. Have the capability of being attached to the offender |
| 1116 | in a manner that readily reveals any efforts to tamper with or |
| 1117 | remove the transmitter upon visual inspection. |
| 1118 | 10. Either possess straps or other mechanisms for |
| 1119 | attaching the transmitter to the offender which are capable of |
| 1120 | being adjusted to fit an offender of any size or available in a |
| 1121 | variety of sizes. |
| 1122 | 11. Be designed and constructed in such a way as to resist |
| 1123 | tampering with or removal by the offender. |
| 1124 | 12. Provide a backup power source in the event of a power |
| 1125 | failure. |
| 1126 | (2) A person shall not intentionally alter, tamper with, |
| 1127 | damage, or destroy any electronic monitoring equipment used to |
| 1128 | monitor the location of a person within a juvenile facility, |
| 1129 | unless the person is the owner of the equipment or an agent of |
| 1130 | the owner performing ordinary maintenance and repairs. A person |
| 1131 | violating this subsection commits a felony of the third degree, |
| 1132 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 1133 | (3) A person shall not develop, build, create, possess, or |
| 1134 | use any device that is intended to mimic, clone, interfere with, |
| 1135 | or jam the signal of an electronic monitoring device used to |
| 1136 | monitor the location of a person within a juvenile facility. A |
| 1137 | person violating this subsection commits a felony of the third |
| 1138 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 1139 | 775.084. |
| 1140 | (4) A person shall not intentionally alter, tamper with, |
| 1141 | damage, or destroy any data stored in an electronic monitoring |
| 1142 | device pursuant to subparagraph (1)(c)3. unless done so with |
| 1143 | written permission from an authorized official of the department |
| 1144 | or in compliance with a data-retention policy of the department |
| 1145 | adopted by rule. A person violating this subsection commits a |
| 1146 | felony of the third degree, punishable as provided in s. |
| 1147 | 775.082, s. 775.083, or s. 775.084. |
| 1148 | (5) The department is authorized to adopt rules pursuant |
| 1149 | to ss. 120.536(1) and 120.54 to implement the provisions of this |
| 1150 | section. |
| 1151 | Section 17. Except as otherwise expressly provided in this |
| 1152 | act, this act shall take effect October 1, 2006. |