Senate Bill sb1556
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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
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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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