Senate Bill sb2646c1

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    Florida Senate - 2007                           CS for SB 2646

    By the Committee on Criminal Justice; and Senator Aronberg





    591-2615-07

  1                      A bill to be entitled

  2         An act relating to public safety; amending s.

  3         775.21, F.S.; revising provisions relating to

  4         reimbursement of specified costs by sexual

  5         predators; revising provisions relating to the

  6         residence of sexual predators; providing

  7         penalties; creating s. 775.215, F.S.;

  8         specifying requirements for complying with

  9         state and local government residency exclusions

10         for sexual offenders or sexual predators;

11         clarifying that third parties are not

12         prohibited from voluntarily paying the costs of

13         the monitoring for a sexual offender or a

14         sexual predator; providing immunity from

15         prosecution if the sexual predator or sexual

16         offender complies with the applicable residency

17         exclusion; amending s. 775.24, F.S.; revising

18         provisions relating to residency exclusions for

19         sexual predators and sexual offenders; amending

20         s. 794.065, F.S.; providing additional

21         residency restrictions on certain offenders;

22         providing penalties; amending s. 947.1405,

23         F.S.; providing additional conditional release

24         restrictions for certain offenders; amending s.

25         947.141, F.S.; revising provisions relating to

26         hearings alleging a violation of community

27         release by specified releasees for failure to

28         comply with specified residency exclusions;

29         amending s. 948.06, F.S.; revising provisions

30         relating to probation or community control for

31         sexual predators and sexual offenders; amending

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 1         s. 948.063, F.S.; providing that failure of a

 2         sexual predator or sexual offender to obtain a

 3         residence in compliance with certain

 4         requirements is not a defense in certain

 5         proceedings; amending s. 948.30, F.S.; revising

 6         provisions relating to terms and conditions of

 7         probation or community control for certain sex

 8         offenses; requiring the Department of Law

 9         Enforcement and other specified agencies to

10         consider eliminating or modifying two dates on

11         or after which a person must be classified as a

12         sexual offender or a sexual predator; directing

13         the department to determine the effect the

14         elimination or modification of these dates will

15         have on the department and other agencies;

16         directing the department to present a report of

17         its findings to the President of the Senate and

18         the Speaker of the House of Representatives by

19         a specified date; authorizing bail bond agents

20         to provide electronic monitoring equipment for

21         certain persons released under bond; providing

22         for fees and recordkeeping; providing an

23         effective date.

24  

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

26  

27         Section 1.  Paragraph (b) of subsection (3), paragraph

28  (a) of subsection (7) and paragraph (b) of subsection (10), of

29  section 775.21, Florida Statutes, are amended to read:

30         775.21  The Florida Sexual Predators Act.--

31  

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 1         (3)  LEGISLATIVE FINDINGS AND PURPOSE; LEGISLATIVE

 2  INTENT.--

 3         (b)  The high level of threat that a sexual predator

 4  presents to the public safety, and the long-term effects

 5  suffered by victims of sex offenses, provide the state with

 6  sufficient justification to implement a strategy that

 7  includes:

 8         1.  Incarcerating sexual predators and maintaining

 9  adequate facilities to ensure that decisions to release sexual

10  predators into the community are not made on the basis of

11  inadequate space.

12         2.  Providing for specialized supervision of sexual

13  predators who are in the community by specially trained

14  probation officers with low caseloads, as described in ss.

15  947.1405(7) and 948.30. The sexual predator is subject to

16  specified terms and conditions implemented at sentencing or at

17  the time of release from incarceration, with a requirement

18  that those sexual predators found to be indigent may defer

19  payment pursuant to s. 28.246 of all or part of the costs in

20  accordance with the provisions of that section who are

21  financially able must pay all or part of the costs of

22  supervision.

23         3.  Requiring the registration of sexual predators,

24  with a requirement that complete and accurate information be

25  maintained and accessible for use by law enforcement

26  authorities, communities, and the public.

27         4.  Providing for community and public notification

28  concerning the presence of sexual predators.

29         5.  Prohibiting sexual predators from working with

30  children, either for compensation or as a volunteer.

31         (7)  COMMUNITY AND PUBLIC NOTIFICATION.--

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 1         (a)  Law enforcement agencies must inform members of

 2  the community and the public of a sexual predator's presence.

 3  Upon notification of the presence of a sexual predator, the

 4  sheriff of the county or the chief of police of the

 5  municipality where the sexual predator establishes or

 6  maintains a permanent or temporary residence shall notify

 7  members of the community and the public of the presence of the

 8  sexual predator in a manner deemed appropriate by the sheriff

 9  or the chief of police. Within 48 hours after receiving

10  notification of the presence of a sexual predator, the sheriff

11  of the county or the chief of police of the municipality where

12  the sexual predator temporarily or permanently resides shall

13  notify each licensed day care center, elementary school,

14  middle school, and high school, and library within a 1-mile

15  radius of the temporary or permanent residence of the sexual

16  predator of the presence of the sexual predator. Information

17  provided to members of the community and the public regarding

18  a sexual predator must include:

19         1.  The name of the sexual predator;

20         2.  A description of the sexual predator, including a

21  photograph;

22         3.  The sexual predator's current address, including

23  the name of the county or municipality if known;

24         4.  The circumstances of the sexual predator's offense

25  or offenses; and

26         5.  Whether the victim of the sexual predator's offense

27  or offenses was, at the time of the offense, a minor or an

28  adult.

29  

30  This paragraph does not authorize the release of the name of

31  any victim of the sexual predator.

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 1         (10)  PENALTIES.--

 2         (b)  A sexual predator who has been convicted of or

 3  found to have committed, or has pled nolo contendere or guilty

 4  to, regardless of adjudication, any violation, or attempted

 5  violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where

 6  the victim is a minor and the defendant is not the victim's

 7  parent; s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s.

 8  796.03; s. 796.035; s. 800.04; s. 827.071; s. 847.0133; s.

 9  847.0145; or s. 985.701(1); or a violation of a similar law of

10  another jurisdiction when the victim of the offense was a

11  minor, and who works, whether for compensation or as a

12  volunteer, at any business, school, day care center, park,

13  playground, library, or business or other place where children

14  regularly congregate, commits a felony of the third degree,

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

16  775.084.

17         Section 2.  Section 775.215, Florida Statutes, is

18  created to read:

19         775.215  Compliance with residency exclusions by sexual

20  offenders or predators.--

21         (1)  A person who is subject to a residency exclusion

22  under s. 794.065, s. 947.1405, or s. 948.30 and who is also

23  subject to a residency exclusion under a municipal or county

24  ordinance as a consequence of conviction of an offense listed

25  in s. 775.21 or s. 943.0435, may:

26         (a)  Comply with the residency exclusion of the

27  municipal or county ordinance; or

28         (b)  Comply with the residency exclusion of s. 794.065,

29  s. 947.1405, or s. 948.30, which is applicable to the person

30  and voluntarily submit to electronic monitoring.

31  

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 1         (2)  If a person who voluntarily submits to electronic

 2  monitoring under this section is supervised by the Department

 3  of Corrections, he or she must pay the costs of the electronic

 4  monitoring in the same manner as an offender who is

 5  electronically monitored as a condition of his or her

 6  supervision.

 7         (3)  If a person is subject to the residency exclusion

 8  in s. 794.065 and voluntarily submits to electronic monitoring

 9  but is not supervised by the Department of Corrections, he or

10  she shall arrange for and pay the costs of the monitoring.

11         (4)  This section does not prohibit a third party from

12  voluntarily paying the costs of the monitoring.

13         (5)  A person who voluntarily submits to electronic

14  monitoring under this section, or who is electronically

15  monitored under any other law, is immune from prosecution for

16  violation of any residency exclusion of a municipal or county

17  ordinance.

18         (6)  A person who complies with a residency restriction

19  of a municipal or county ordinance is immune from prosecution

20  for violation of s. 794.065 or a residency exclusion in s.

21  947.1405 or s. 948.30.

22         Section 3.  Subsection (2) of section 775.24, Florida

23  Statutes, is amended to read:

24         775.24  Duty of the court to uphold laws governing

25  sexual predators and sexual offenders.--

26         (2)  If a person meets the criteria in this chapter for

27  designation as a sexual predator or meets the criteria in s.

28  943.0435, s. 944.606, s. 944.607, or any other law for

29  classification as a sexual offender, the court may not enter

30  an order, for the purpose of approving a plea agreement or for

31  any other reason, which:

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 1         (a)  Exempts a person who meets the criteria for

 2  designation as a sexual predator or classification as a sexual

 3  offender from such designation or classification, or exempts

 4  such person from the requirements for registration or

 5  community and public notification imposed upon sexual

 6  predators and sexual offenders, or exempts such person from

 7  the residency exclusions contained in ss. 794.065, 947.1405,

 8  and 948.30;

 9         (b)  Restricts the compiling, reporting, or release of

10  public records information that relates to sexual predators or

11  sexual offenders; or

12         (c)  Prevents any person or entity from performing its

13  duties or operating within its statutorily conferred authority

14  as such duty or authority relates to sexual predators or

15  sexual offenders.

16         Section 4.  Section 794.065, Florida Statutes, is

17  amended to read:

18         794.065  Unlawful place of residence for persons

19  convicted of certain sex offenses.--

20         (1)(a)1.  It is unlawful for any person who has been

21  convicted of a violation of s. 794.011, s. 800.04, s. 827.071,

22  or s. 847.0145, regardless of whether adjudication has been

23  withheld, in which the victim of the offense was less than 16

24  years of age, to reside within 1,000 feet of any school, day

25  care center, park, or playground.

26         2.  A person who violates this section and whose

27  conviction for an offense listed in subparagraph 1. under s.

28  794.011, s. 800.04, s. 827.071, or s. 847.0145 was classified

29  as:

30         a.  A felony of the first degree or higher, commits a

31  felony of the third degree, punishable as provided in s.

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 1  775.082 or s. 775.083. A person who violates this section and

 2  whose conviction under s. 794.011, s. 800.04, s. 827.071, or

 3  s. 847.0145 was classified as

 4         b.  A felony of the second or third degree, commits a

 5  misdemeanor of the first degree, punishable as provided in s.

 6  775.082 or s. 775.083.

 7         (b)(2)  This subsection section applies to any person

 8  convicted of an offense listed in subparagraph (a)1. if the

 9  offense occurred a violation of s. 794.011, s. 800.04, s.

10  827.071, or s. 847.0145 for offenses that occur on or after

11  October 1, 2004.

12         (2)(a)1.  It is unlawful for any person who has been

13  convicted of a violation of s. 787.01, s. 787.02, s. 794.011,

14  s. 800.04, s. 827.071, or s. 847.0145, regardless of whether

15  adjudication has been withheld, in which the victim of the

16  offense was less than 16 years of age, to reside within 1,500

17  feet of any school, day care center, park, playground,

18  library, or other business or place where children regularly

19  congregate.

20         2.  A person violating this subsection whose conviction

21  of an offense listed in subparagraph 1. was classified as:

22         a.  A felony of the first degree or higher, commits a

23  felony of the third degree, punishable as provided in s.

24  775.082 or s. 775.083.

25         b.  A felony of the second or third degree, commits a

26  misdemeanor of the first degree, punishable as provided in s.

27  775.082 or s. 775.083.

28         (b)  The distances in this subsection shall be measured

29  in a straight line from the offender's place of residence to

30  the nearest boundary line of the school, day care center,

31  park, playground, library, or other business or place where

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 1  children regularly congregate. The distance may not be

 2  measured by a pedestrian route or automobile route.

 3         (c)  This subsection applies to any person convicted of

 4  an offense listed in subparagraph (a)1. if the offense

 5  occurred on or after October 1, 2007.

 6         Section 5.  Subsections (2) and (6) and paragraph (a)

 7  of subsection (7) of section 947.1405, Florida Statutes, are

 8  amended, and subsection (11) is added to that section, to

 9  read:

10         947.1405  Conditional release program.--

11         (2)(a)  Any inmate who:

12         1.(a)  Is convicted of a crime committed on or after

13  October 1, 1988, and before January 1, 1994;, and any inmate

14  who is convicted of a crime committed on or after January 1,

15  1994, which crime is or was contained in category 1, category

16  2, category 3, or category 4 of Rule 3.701 and Rule 3.988,

17  Florida Rules of Criminal Procedure (1993), and who has served

18  at least one prior felony commitment at a state or federal

19  correctional institution; or is convicted of any of the

20  following offenses committed on or after October 1, 2007:

21         a.  Kidnapping, under s. 787.01(1)(b);

22         b.  False imprisonment, under s. 787.02(1)(b);

23         c.  Sexual performance by a child, under s. 827.071; or

24         d.  Selling or buying of minors, under s. 847.0145;

25         2.(b)  Is sentenced as a habitual or violent habitual

26  offender or a violent career criminal pursuant to s. 775.084;

27  or

28         3.(c)  Is found to be a sexual predator under s. 775.21

29  or former s. 775.23,

30  

31  

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 1  shall, upon reaching the tentative release date or provisional

 2  release date, whichever is earlier, as established by the

 3  Department of Corrections, be released under supervision

 4  subject to specified terms and conditions, including payment

 5  of the cost of supervision pursuant to s. 948.09. Such

 6  supervision shall be applicable to all sentences within the

 7  overall term of sentences if an inmate's overall term of

 8  sentences includes one or more sentences that are eligible for

 9  conditional release supervision as provided herein.

10         (b)  Effective July 1, 1994, and applicable for

11  offenses committed on or after that date, the commission may

12  require, as a condition of conditional release, that the

13  releasee make payment of the debt due and owing to a county or

14  municipal detention facility under s. 951.032 for medical

15  care, treatment, hospitalization, or transportation received

16  by the releasee while in that detention facility. The

17  commission, in determining whether to order such repayment and

18  the amount of such repayment, shall consider the amount of the

19  debt, whether there was any fault of the institution for the

20  medical expenses incurred, the financial resources of the

21  releasee, the present and potential future financial needs and

22  earning ability of the releasee, and dependents, and other

23  appropriate factors.

24         (c)  If any inmate, other than an inmate required to

25  register as a sexual predator under s. 775.21 or as a sexual

26  offender under s. 943.0435, placed on conditional release

27  supervision is also subject to probation or community control,

28  resulting from a probationary or community control split

29  sentence within the overall term of sentences, the Department

30  of Corrections shall supervise such person according to the

31  conditions imposed by the court and the commission shall defer

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 1  to such supervision. If the court revokes probation or

 2  community control and resentences the offender to a term of

 3  incarceration, such revocation also constitutes a sufficient

 4  basis for the revocation of the conditional release

 5  supervision on any nonprobationary or noncommunity control

 6  sentence without further hearing by the commission. If any

 7  such supervision on any nonprobationary or noncommunity

 8  control sentence is revoked, such revocation may result in a

 9  forfeiture of all gain-time, and the commission may revoke the

10  resulting deferred conditional release supervision or take

11  other action it considers appropriate. If the term of

12  conditional release supervision exceeds that of the probation

13  or community control, then, upon expiration of the probation

14  or community control, authority for the supervision shall

15  revert to the commission and the supervision shall be subject

16  to the conditions imposed by the commission.

17         (d)  If any inmate required to register as a sexual

18  predator under s. 775.21 or as a sexual offender under s.

19  943.0435 is placed on conditional release supervision and is

20  also subject to probation or community supervision, the period

21  of court-ordered community supervision shall not be

22  substituted for conditional release supervision and shall

23  follow the term of conditional release supervision.

24         (e)  A panel of no fewer than two commissioners shall

25  establish the terms and conditions of any such release. If the

26  offense was a controlled substance violation, the conditions

27  shall include a requirement that the offender submit to random

28  substance abuse testing intermittently throughout the term of

29  conditional release supervision, upon the direction of the

30  correctional probation officer as defined in s. 943.10(3). The

31  commission shall also determine whether the terms and

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 1  conditions of such release have been violated and whether such

 2  violation warrants revocation of the conditional release.

 3         (6)  The commission shall review the recommendations of

 4  the department, and such other information as it deems

 5  relevant, and may conduct a review of the inmate's record for

 6  the purpose of establishing the terms and conditions of the

 7  conditional release. The commission may impose any special

 8  conditions it considers warranted from its review of the

 9  release plan and recommendation. If the commission determines

10  that the inmate is eligible for release under this section,

11  the commission shall enter an order establishing the length of

12  supervision and the conditions attendant thereto. However, an

13  inmate who has been convicted of a violation of chapter 794 or

14  found by the court to be a sexual predator is subject to the

15  maximum level of supervision provided, with the mandatory

16  conditions as required in subsection (7), and that supervision

17  shall continue through the end of the releasee's original

18  court-imposed sentence. The length of supervision must not

19  exceed the maximum penalty imposed by the court. The

20  commission may modify the conditions of supervision at any

21  time.

22         (7)(a)  Any inmate who is convicted of a crime

23  committed on or after October 1, 1995, or who has been

24  previously convicted of a crime committed on or after October

25  1, 1995, in violation of chapter 794, s. 800.04, s. 827.071,

26  or s. 847.0145, and is subject to conditional release

27  supervision, shall have, in addition to any other conditions

28  imposed, the following special conditions imposed by the

29  commission:

30         1.  A mandatory curfew from 10 p.m. to 6 a.m. The

31  commission may designate another 8-hour period if the

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 1  offender's employment precludes the above specified time, and

 2  such alternative is recommended by the Department of

 3  Corrections. If the commission determines that imposing a

 4  curfew would endanger the victim, the commission may consider

 5  alternative sanctions.

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

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

 8  center, park, playground, designated public school bus stop,

 9  or other place where children regularly congregate. A releasee

10  who is subject to this subparagraph may not relocate to a

11  residence that is within 1,000 feet of a public school bus

12  stop.

13         b.  Beginning October 1, 2004, the commission or the

14  department may not approve a residence that is located within

15  1,000 feet of a school, day care center, park, playground,

16  designated school bus stop, or other place where children

17  regularly congregate for any releasee who is subject to this

18  subparagraph. On October 1, 2004, the department shall notify

19  each affected school district of the location of the residence

20  of a releasee 30 days prior to release and thereafter, if the

21  releasee relocates to a new residence, shall notify any

22  affected school district of the residence of the releasee

23  within 30 days after relocation. If, on October 1, 2004, any

24  public school bus stop is located within 1,000 feet of the

25  existing residence of such releasee, the district school board

26  shall relocate that school bus stop. Beginning October 1,

27  2004, a district school board may not establish or relocate a

28  public school bus stop within 1,000 feet of the residence of a

29  releasee who is subject to this subparagraph. The failure of

30  the district school board to comply with this subparagraph

31  

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 1  shall not result in a violation of conditional release

 2  supervision.

 3         c.  Beginning October 1, 2007, neither the commission

 4  nor the department may approve a residence located within

 5  1,500 feet of a school, day care center, park, playground,

 6  designated school bus stop, library, or other business or

 7  place where children regularly congregate for any releasee who

 8  is subject to this subparagraph. The distance provided in this

 9  sub-subparagraph shall be measured in a straight line from the

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

11  the school, day care center, park, playground, library, or

12  other business or place where children regularly congregate.

13  The distance may not be measured by a pedestrian route or

14  automobile route.

15         3.  Active participation in and successful completion

16  of a sex offender treatment program with qualified

17  practitioners specifically trained to treat sex offenders, at

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

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

20  the offender shall participate in other appropriate therapy.

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

22  directly or indirectly, including through a third person,

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

24  the sentencing court.

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

26  prohibition against contact with children under the age of 18

27  without review and approval by the commission. The commission

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

29  18 if the approval is based upon a recommendation for contact

30  issued by a qualified practitioner who is basing the

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

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 1  must be currently enrolled in or have successfully completed a

 2  sex offender therapy program. The commission may not grant

 3  supervised contact with a child if the contact is not

 4  recommended by a qualified practitioner and may deny

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

 6  whether to approve supervised contact with a child, the

 7  commission must review and consider the following:

 8         a.  A risk assessment completed by a qualified

 9  practitioner. The qualified practitioner must prepare a

10  written report that must include the findings of the

11  assessment and address each of the following components:

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

13         (II)  The sex offender's history of adult charges with

14  apparent sexual motivation;

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

16  without apparent sexual motivation;

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

18  whenever available;

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

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

21  most recent treating, therapist;

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

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

24  abuse history as provided by the Department of Corrections;

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

26  educational, and work history;

27         (IX)  The results of current psychological testing of

28  the sex offender if determined necessary by the qualified

29  practitioner;

30  

31  

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

 2  the location, frequency, duration, and supervisory

 3  arrangement;

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

 5  with the proposed contact, when age-appropriate;

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

 7  regarding the proposed contact; and

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

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

10  contact would likely pose significant risk of emotional or

11  physical harm to the child.

12  

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

14  commission.

15         b.  A recommendation made as a part of the

16  risk-assessment report as to whether supervised contact with

17  the child should be approved;

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

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

20  offender, agreeing to the sex offender having supervised

21  contact with the child after receiving full disclosure of the

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

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

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

25  refuses to give written consent for supervised contact;

26         d.  A safety plan prepared by the qualified

27  practitioner, who provides treatment to the offender, in

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

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

30  details the acceptable conditions of contact between the sex

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

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 1  approved by the Department of Corrections before being

 2  submitted to the commission; and

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

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

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

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

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

 8  offender.

 9  

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

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

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

13  met the requirements of a qualified practitioner as defined in

14  this section.

15         6.  If the victim was under age 18, a prohibition on

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

17  center, park, playground, library, or other business or place

18  where children regularly congregate, as prescribed by the

19  commission.

20         7.  Unless otherwise indicated in the treatment plan

21  provided by the sexual offender treatment program, a

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

23  pornographic, or sexually stimulating visual or auditory

24  material, including telephone, electronic media, computer

25  programs, or computer services that are relevant to the

26  offender's deviant behavior pattern.

27         8.  Effective for a releasee whose crime is committed

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

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

30  offender treatment program, after a risk assessment is

31  completed, approves and implements a safety plan for the

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 1  offender's accessing or using the Internet or other computer

 2  services.

 3         9.  A requirement that the releasee must submit two

 4  specimens of blood to the Florida Department of Law

 5  Enforcement to be registered with the DNA database.

 6         10.  A requirement that the releasee make restitution

 7  to the victim, as determined by the sentencing court or the

 8  commission, for all necessary medical and related professional

 9  services relating to physical, psychiatric, and psychological

10  care.

11         11.  Submission to a warrantless search by the

12  department of the releasee's community control or probation

13  officer of the probationer's or community controllee's person,

14  residence, or vehicle.

15         (11)  Effective for a releasee whose crime was a

16  violation of s. 787.01(1)(b) or s. 787.02(1)(b) committed on

17  or after October 1, 2007, and whose crime involved a victim

18  less than 16 years of age and an offender 18 years of age or

19  older, in addition to any other provision of this section, the

20  commission must order electronic monitoring for the duration

21  of the releasee's supervision.

22         Section 6.  Subsection (8) is added to section 947.141,

23  Florida Statutes, to read:

24         947.141  Violations of conditional release, control

25  release, or conditional medical release or addiction-recovery

26  supervision.--

27         (8)  Because of the compelling state interest in

28  protecting the public from sexual offenders or sexual

29  predators granted the privilege of conditional release, in any

30  hearing alleging a violation of conditional release by a

31  releasee for failure to comply with the residency exclusion in

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 1  s. 947.1405, the inability of the releasee to locate a

 2  residence in compliance with s. 947.1405 shall not be a

 3  defense to the finding of a violation under this section.

 4         Section 7.  Subsection (4) of section 948.06, Florida

 5  Statutes, is amended to read:

 6         948.06  Violation of probation or community control;

 7  revocation; modification; continuance; failure to pay

 8  restitution or cost of supervision.--

 9         (4)  Notwithstanding any other provision of this

10  section, a probationer or an offender in community control who

11  is arrested for violating his or her probation or community

12  control in a material respect may be taken before the court in

13  the county or circuit in which the probationer or offender was

14  arrested. That court shall advise him or her of such charge of

15  a violation and, if such charge is admitted, shall cause him

16  or her to be brought before the court which granted the

17  probation or community control. If such violation is not

18  admitted by the probationer or offender, the court may commit

19  him or her or release him or her with or without bail to await

20  further hearing. However, if the probationer or offender is

21  under supervision for any criminal offense proscribed in

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

23  847.0145, or is a registered sexual predator or a registered

24  sexual offender, or is under supervision for a criminal

25  offense for which he or she would meet the registration

26  criteria in s. 775.21, s. 943.0435, or s. 944.607 but for the

27  effective date of those sections, the court must make a

28  finding that the probationer or offender poses no is not a

29  danger to the public prior to release with or without bail. In

30  determining that the offender poses no danger to the public

31  the danger posed by the offender's or probationer's release,

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 1  the court may consider the nature and circumstances of the

 2  violation and any new offenses charged; the offender's or

 3  probationer's past and present conduct, including convictions

 4  of crimes; any record of arrests without conviction for crimes

 5  involving violence or sexual crimes; any other evidence of

 6  allegations of unlawful sexual conduct or the use of violence

 7  by the offender or probationer; the offender's or

 8  probationer's family ties, length of residence in the

 9  community, employment history, and mental condition; his or

10  her history and conduct during the probation or community

11  control supervision from which the violation arises and any

12  other previous supervisions, including disciplinary records of

13  previous incarcerations; the likelihood that the offender or

14  probationer will engage again in a criminal course of conduct;

15  the weight of the evidence against the offender or

16  probationer; whether or not the probationer is currently

17  subject to electronic monitoring; and any other facts the

18  court considers relevant. The court, as soon as is

19  practicable, shall give the probationer or offender an

20  opportunity to be fully heard on his or her behalf in person

21  or by counsel. After such hearing, the court shall make

22  findings of fact and forward the findings to the court which

23  granted the probation or community control and to the

24  probationer or offender or his or her attorney. The findings

25  of fact by the hearing court are binding on the court which

26  granted the probation or community control. Upon the

27  probationer or offender being brought before it, the court

28  which granted the probation or community control may revoke,

29  modify, or continue the probation or community control or may

30  place the probationer into community control as provided in

31  this section.

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 1         Section 8.  Subsection (3) is added to section 948.063,

 2  Florida Statutes, to read:

 3         948.063  Violations of probation or community control

 4  by designated sexual offenders and sexual predators.--

 5         (3)  Because of the compelling state interest in

 6  protecting the public from sexual predators or sexual

 7  offenders on probation, in any hearing alleging a violation of

 8  probation by a releasee for failure to comply with the

 9  residency exclusion in s. 948.30, the inability of the

10  probationer to locate a residence in compliance with s. 948.30

11  shall not be a defense to the finding of a violation under

12  this section.

13         Section 9.  Paragraph (b) of subsection (1) and

14  subsection (3) of section 948.30, Florida Statutes, are

15  amended, and subsection (4) is added to that section, to read:

16         948.30  Additional terms and conditions of probation or

17  community control for certain sex offenses.--Conditions

18  imposed pursuant to this section do not require oral

19  pronouncement at the time of sentencing and shall be

20  considered standard conditions of probation or community

21  control for offenders specified in this section.

22         (1)  Effective for probationers or community

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

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

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

26  must impose the following conditions in addition to all other

27  standard and special conditions imposed:

28         (b)1.  Except as provided in subparagraph 2., if the

29  victim was under the age of 18, a prohibition on living within

30  1,000 feet of a school, day care center, park, playground, or

31  other place where children regularly congregate, as prescribed

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 1  by the court. The 1,000-foot distance shall be measured in a

 2  straight line from the offender's place of residence to the

 3  nearest boundary line of the school, day care center, park,

 4  playground, or other place where children regularly

 5  congregate. The distance may not be measured by a pedestrian

 6  route or automobile route.

 7         2.  For probationers or community controllees whose

 8  crime was committed on or after October 1, 2007, if the victim

 9  was under the age of 18, a prohibition on living within 1,500

10  feet of a school, day care center, park, playground, library,

11  or other business or place where children regularly

12  congregate, as prescribed by the court. This distance shall be

13  measured in a straight line from the offender's place of

14  residence to the nearest boundary line of the school, day care

15  center, park, playground, library, or other business or place

16  where children regularly congregate. The distance may not be

17  measured by a pedestrian route or automobile route.

18         (3)  Effective for a probationer or community

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

20  2005, and who:

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

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

23  827.071, or s. 847.0145 and the unlawful sexual activity

24  involved a victim under 16 15 years of age or younger and the

25  offender is 18 years of age or older;

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

27  775.21; or

28         (c)  Has previously been convicted of a violation of

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

30  847.0145 and the unlawful sexual activity involved a victim

31  

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 1  under 16 15 years of age or younger and the offender is 18

 2  years of age or older,

 3  

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

 5  this section, mandatory electronic monitoring as a condition

 6  of the probation or community control supervision.

 7         (4)  Effective for a probationer or community

 8  controllee whose crime was committed on or after October 1,

 9  2007, who has previously been convicted of a violation of s.

10  787.01(1)(b) or s. 787.02(1)(b), and the unlawful sexual

11  activity involved a victim under 16 years of age and the

12  offender is 18 years of age or older, the court must order, in

13  addition to any other provision of this section, mandatory

14  electronic monitoring as a condition of the probation or

15  community control supervision.

16         Section 10.  The Department of Law Enforcement, with

17  the assistance of the Department of Corrections, the

18  Department of Highway Safety and Motor Vehicles, the

19  Department of Juvenile Justice, the Office of the State Courts

20  Administrator, the clerk of the court in each judicial circuit

21  court, the offices of the state attorney and public defender

22  in each judicial circuit, the Florida Sheriffs Association,

23  and the Florida Legislative Committee on Intergovernmental

24  Relations shall examine the feasibility of eliminating the

25  October 1, 1993, date in the sexual predator criteria set

26  forth in s. 775.21, Florida Statutes, and the October 1, 1997,

27  date in the sexual offender criteria set forth in ss. 943.0435

28  and 944.607, Florida Statutes, or modifying those dates to

29  provide for earlier dates. When conducting this examination,

30  the department shall assess the potential effect, including

31  fiscal impact, that the elimination or modification of these

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 1  dates will have on the department, other state agencies,

 2  circuit courts, state attorneys, public defenders, and local

 3  law enforcement agencies. The Department of Law Enforcement

 4  shall also assess whether there are factors, such as

 5  incomplete criminal histories and court records, which might

 6  make the elimination or modification of these dates

 7  impractical or might have a negative effect on the state's

 8  current system for registering sexual predators and offenders.

 9  The department shall present a report of its findings to the

10  President of the Senate and the Speaker of the House of

11  Representatives by December 30, 2007.

12         Section 11.  (1)  The owner, operator, or primary agent

13  of a bail bond agency may provide electronic monitoring

14  equipment and services for defendants released from custody on

15  surety bond and subject to conditions including electronic

16  monitoring.

17         (2)  A bail bond agent may charge a person subject to

18  electronic monitoring a nonrefundable fee for such monitoring

19  equipment and services. Such fees are not part of the bail

20  bond premium and are exempt from s. 648.33, Florida Statutes.

21         (3)  Records and receipts for such electronic

22  monitoring equipment and services shall be kept separate from

23  bail bond records and shall be made available for inspection

24  by the court or appropriate governmental entity.

25         Section 12.  This act shall take effect October 1,

26  2007.

27  

28  

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2646

 3                                 

 4  -    Replaces bill's preemption of local ordinances with an
         option for the sexual offender or sex predator to choose
 5       to abide by either the local ordinance or the state law.
         Persons who choose to abide by the state law would have
 6       to agree to be electronically monitored.

 7  -    Removes bill's expansion of warrantless search to include
         electronic monitoring.
 8  
    -    Requires FDLE to study feasibility of expanding date
 9       criteria for sexual predator and sexual offender
         registration to include earlier crimes, and requires a
10       report to the Senate President and the House Speaker by
         December 30, 2007.
11  
    -    Amends current statute to properly refer to conditional
12       releasees rather than probationers and community
         controllees.
13  
    -    Authorizes bail bond agencies to provide electronic
14       monitoring equipment and services for defendants on
         pre-trial release and to charge a reasonable fee.
15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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