Senate Bill sb1556

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                  SB 1556

    By Senator Ring





    32-546A-07

  1                      A bill to be entitled

  2         An act relating to repeat sexual offenders;

  3         amending s. 947.1405, F.S.; requiring that a

  4         person designated as a repeat sexual offender

  5         be electronically monitored for the duration of

  6         the person's supervision following conditional

  7         release; amending s. 948.11, F.S.; requiring

  8         that a sexual predator or repeat sexual

  9         offender be monitored by an electronic

10         monitoring system meeting certain designated

11         specifications following release on probation,

12         community control, or conditional release;

13         amending s. 948.30, F.S.; requiring a court to

14         order that a repeat sexual offender be

15         electronically monitored as a condition of

16         probation or community control; providing an

17         effective date.

18  

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

20  

21         Section 1.  Subsection (10) of section 947.1405,

22  Florida Statutes, is amended to read:

23         947.1405  Conditional release program.--

24         (10)  Effective for a releasee whose crime was

25  committed on or after September 1, 2007 2005, in violation of

26  chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s.

27  847.0145, and the unlawful activity involved a victim who was

28  15 years of age or younger and the offender is 18 years of age

29  or older, or for a releasee who is designated as a sexual

30  predator pursuant to s. 775.21 or who is designated as a

31  repeat sexual offender, in addition to any other provision of

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    Florida Senate - 2007                                  SB 1556
    32-546A-07




 1  this section, the commission must order electronic monitoring

 2  for the duration of the releasee's supervision. As used in

 3  this subsection, the term "repeat sexual offender" means a

 4  person who has been convicted two or more times of an offense

 5  listed in s. 943.0435(1)(a).

 6         Section 2.  Subsection (6) of section 948.11, Florida

 7  Statutes, is amended to read:

 8         948.11  Electronic monitoring devices.--

 9         (6)  For probationers, community controllees, or

10  conditional releasees who have current or prior convictions

11  for violent or sexual offenses or who have been designated as

12  sexual predators or repeat sexual offenders, the department,

13  in carrying out a court or commission order to electronically

14  monitor an offender, must use a system that actively monitors

15  and identifies the offender's location and timely reports or

16  records the offender's presence near or within a crime scene

17  or in a prohibited area or the offender's departure from

18  specified geographic limitations. Procurement of electronic

19  monitoring services under this subsection shall be by

20  invitation to bid as defined in s. 287.057. As used in this

21  subsection, the term "repeat sexual offender" means a person

22  who has been convicted two or more times of an offense listed

23  in s. 943.0435(1)(a).

24         Section 3.  Subsection (3) of section 948.30, Florida

25  Statutes, is amended to read:

26         948.30  Additional terms and conditions of probation or

27  community control for certain sex offenses.--Conditions

28  imposed pursuant to this section do not require oral

29  pronouncement at the time of sentencing and shall be

30  considered standard conditions of probation or community

31  control for offenders specified in this section.

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    Florida Senate - 2007                                  SB 1556
    32-546A-07




 1         (3)  Effective for a probationer or community

 2  controllee whose crime was committed on or after September 1,

 3  2005, and who:

 4         (a)  Is placed on probation or community control for a

 5  violation of chapter 794, s. 800.04(4), (5), or (6), s.

 6  827.071, or s. 847.0145 and the unlawful sexual activity

 7  involved a victim 15 years of age or younger and the offender

 8  is 18 years of age or older;

 9         (b)  Is designated a sexual predator pursuant to s.

10  775.21; or

11         (c)  Is designated a repeat sexual offender; or

12         (d)(c)  Has previously been convicted of a violation of

13  chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s.

14  847.0145 and the unlawful sexual activity involved a victim 15

15  years of age or younger and the offender is 18 years of age or

16  older,

17  

18  the court must order, in addition to any other provision of

19  this section, mandatory electronic monitoring as a condition

20  of the probation or community control supervision.

21         Section 4.  This act shall take effect July 1, 2007.

22  

23            *****************************************

24                          SENATE SUMMARY

25    Requires that a person designated a repeat sexual
      offender be electronically monitored following
26    conditional release for the duration of the person's
      supervision. Requires that a sexual predator or repeat
27    sexual offender be monitored by an electronic monitoring
      system meeting certain designated specifications.
28    Requires a court to order that a repeat sexual offender
      be electronically monitored as a condition of probation
29    or community control.

30  

31  

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