1

A bill to be entitled

2

An act relating to sexual offenders; amending ss. 947.1405

3

and 948.30, F.S.; prohibiting certain specified sexual

4

offenders whose victim was under the age of 18 from

5

entering a public library without immediately notifying an

6

employee of the public library of the sex offender's

7

presence and intent to use the resources of the library;

8

defining the term "immediately"; prohibiting the sex

9

offender from entering the library until the employee

10

acknowledges the presence of the sex offender; providing

11

that a sex offender who violates the act commits a felony

12

of the third degree; providing criminal penalties;

13

providing an effective date.

14

15

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

16

17

     Section 1.  Paragraph (a) of subsection (7) of section

18

947.1405, Florida Statutes, is amended to read:

19

     947.1405  Conditional release program.--

20

     (7)(a)  Any inmate who is convicted of a crime committed on

21

or after October 1, 1995, or who has been previously convicted of

22

a crime committed on or after October 1, 1995, in violation of

23

chapter 794, s. 800.04, s. 827.071, or s. 847.0145, and is

24

subject to conditional release supervision, shall have, in

25

addition to any other conditions imposed, the following special

26

conditions imposed by the commission:

27

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

28

may designate another 8-hour period if the offender's employment

29

precludes the above specified time, and such alternative is

30

recommended by the Department of Corrections. If the commission

31

determines that imposing a curfew would endanger the victim, the

32

commission may consider alternative sanctions.

33

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

34

living within 1,000 feet of a school, day care center, park,

35

playground, designated public school bus stop, or other place

36

where children regularly congregate. A releasee who is subject to

37

this subparagraph may not relocate to a residence that is within

38

1,000 feet of a public school bus stop. Beginning October 1,

39

2004, the commission or the department may not approve a

40

residence that is located within 1,000 feet of a school, day care

41

center, park, playground, designated school bus stop, or other

42

place where children regularly congregate for any releasee who is

43

subject to this subparagraph. On October 1, 2004, the department

44

shall notify each affected school district of the location of the

45

residence of a releasee 30 days prior to release and thereafter,

46

if the releasee relocates to a new residence, shall notify any

47

affected school district of the residence of the releasee within

48

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

49

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

50

residence of such releasee, the district school board shall

51

relocate that school bus stop. Beginning October 1, 2004, a

52

district school board may not establish or relocate a public

53

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

54

who is subject to this subparagraph. The failure of the district

55

school board to comply with this subparagraph shall not result in

56

a violation of conditional release supervision.

57

     3.  Active participation in and successful completion of a

58

sex offender treatment program with qualified practitioners

59

specifically trained to treat sex offenders, at the releasee's

60

own expense. If a qualified practitioner is not available within

61

a 50-mile radius of the releasee's residence, the offender shall

62

participate in other appropriate therapy.

63

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

64

or indirectly, including through a third person, unless approved

65

by the victim, the offender's therapist, and the sentencing

66

court.

67

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

68

against contact with children under the age of 18 without review

69

and approval by the commission. The commission may approve

70

supervised contact with a child under the age of 18 if the

71

approval is based upon a recommendation for contact issued by a

72

qualified practitioner who is basing the recommendation on a risk

73

assessment. Further, the sex offender must be currently enrolled

74

in or have successfully completed a sex offender therapy program.

75

The commission may not grant supervised contact with a child if

76

the contact is not recommended by a qualified practitioner and

77

may deny supervised contact with a child at any time. When

78

considering whether to approve supervised contact with a child,

79

the commission must review and consider the following:

80

     a.  A risk assessment completed by a qualified practitioner.

81

The qualified practitioner must prepare a written report that

82

must include the findings of the assessment and address each of

83

the following components:

84

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

85

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

86

apparent sexual motivation;

87

     (III)  The sex offender's history of adult charges without

88

apparent sexual motivation;

89

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

90

whenever available;

91

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

92

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

93

most recent treating, therapist;

94

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

95

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

96

history as provided by the Department of Corrections;

97

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

98

and work history;

99

     (IX)  The results of current psychological testing of the

100

sex offender if determined necessary by the qualified

101

practitioner;

102

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

103

location, frequency, duration, and supervisory arrangement;

104

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

105

the proposed contact, when age-appropriate;

106

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

107

the proposed contact; and

108

     (XIII)  The qualified practitioner's opinion, along with the

109

basis for that opinion, as to whether the proposed contact would

110

likely pose significant risk of emotional or physical harm to the

111

child.

112

113

The written report of the assessment must be given to the

114

commission.

115

     b.  A recommendation made as a part of the risk-assessment

116

report as to whether supervised contact with the child should be

117

approved;

118

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

119

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

120

offender, agreeing to the sex offender having supervised contact

121

with the child after receiving full disclosure of the sex

122

offender's present legal status, past criminal history, and the

123

results of the risk assessment. The commission may not approve

124

contact with the child if the parent or legal guardian refuses to

125

give written consent for supervised contact;

126

     d.  A safety plan prepared by the qualified practitioner,

127

who provides treatment to the offender, in collaboration with the

128

sex offender, the child's parent or legal guardian, and the

129

child, when age appropriate, which details the acceptable

130

conditions of contact between the sex offender and the child. The

131

safety plan must be reviewed and approved by the Department of

132

Corrections before being submitted to the commission; and

133

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

134

the parent or legal guardian is not the sex offender, understands

135

the need for and agrees to the safety plan and has agreed to

136

provide, or to designate another adult to provide, constant

137

supervision any time the child is in contact with the offender.

138

139

The commission may not appoint a person to conduct a risk

140

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

141

has not demonstrated to the commission that he or she has met the

142

requirements of a qualified practitioner as defined in this

143

section.

144

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

145

for pay or as a volunteer at any school, day care center, park,

146

playground, pet store, library, zoo, theme park, or other place

147

where children regularly congregate, as prescribed by the

148

commission.

149

     7. If the victim was under the age of 18, a prohibition

150

against entering a public library without immediately notifying

151

an employee of the library of the sex offender's presence and

152

intent to use the resources of the library. As used in this

153

subparagraph, the term "immediately" means moving from the

154

entrance of the public library in a straight line to the nearest

155

work station occupied by an employee of the public library. The

156

sex offender may not move from that work station until the

157

employee acknowledges the presence of the sex offender. Any sex

158

offender who violates this subparagraph commits a felony of the

159

third degree, punishable as provided in s. 775.082, s. 775.083,

160

or s. 775.084.

161

     8.7. Unless otherwise indicated in the treatment plan

162

provided by the sexual offender treatment program, a prohibition

163

on viewing, owning, or possessing any obscene, pornographic, or

164

sexually stimulating visual or auditory material, including

165

telephone, electronic media, computer programs, or computer

166

services that are relevant to the offender's deviant behavior

167

pattern.

168

     9.8. Effective for a releasee whose crime is committed on

169

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

170

other computer services until the offender's sex offender

171

treatment program, after a risk assessment is completed, approves

172

and implements a safety plan for the offender's accessing or

173

using the Internet or other computer services.

174

     10.9. A requirement that the releasee must submit two

175

specimens of blood to the Florida Department of Law Enforcement

176

to be registered with the DNA database.

177

     11.10. A requirement that the releasee make restitution to

178

the victim, as determined by the sentencing court or the

179

commission, for all necessary medical and related professional

180

services relating to physical, psychiatric, and psychological

181

care.

182

     12.11. Submission to a warrantless search by the community

183

control or probation officer of the probationer's or community

184

controllee's person, residence, or vehicle.

185

     Section 2.  Subsection (1) of section 948.30, Florida

186

Statutes, is amended to read:

187

     948.30  Additional terms and conditions of probation or

188

community control for certain sex offenses.--Conditions imposed

189

pursuant to this section do not require oral pronouncement at the

190

time of sentencing and shall be considered standard conditions of

191

probation or community control for offenders specified in this

192

section.

193

     (1)  Effective for probationers or community controllees

194

whose crime was committed on or after October 1, 1995, and who

195

are placed under supervision for violation of chapter 794, s.

196

800.04, s. 827.071, or s. 847.0145, the court must impose the

197

following conditions in addition to all other standard and

198

special conditions imposed:

199

     (a)  A mandatory curfew from 10 p.m. to 6 a.m. The court may

200

designate another 8-hour period if the offender's employment

201

precludes the above specified time, and the alternative is

202

recommended by the Department of Corrections. If the court

203

determines that imposing a curfew would endanger the victim, the

204

court may consider alternative sanctions.

205

     (b)  If the victim was under the age of 18, a prohibition on

206

living within 1,000 feet of a school, day care center, park,

207

playground, or other place where children regularly congregate,

208

as prescribed by the court. The 1,000-foot distance shall be

209

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

210

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

211

center, park, playground, or other place where children

212

congregate. The distance may not be measured by a pedestrian

213

route or automobile route.

214

     (c)  Active participation in and successful completion of a

215

sex offender treatment program with qualified practitioners

216

specifically trained to treat sex offenders, at the probationer's

217

or community controllee's own expense. If a qualified

218

practitioner is not available within a 50-mile radius of the

219

probationer's or community controllee's residence, the offender

220

shall participate in other appropriate therapy.

221

     (d)  A prohibition on any contact with the victim, directly

222

or indirectly, including through a third person, unless approved

223

by the victim, the offender's therapist, and the sentencing

224

court.

225

     (e)  If the victim was under the age of 18, a prohibition on

226

contact with a child under the age of 18 except as provided in

227

this paragraph. The court may approve supervised contact with a

228

child under the age of 18 if the approval is based upon a

229

recommendation for contact issued by a qualified practitioner who

230

is basing the recommendation on a risk assessment. Further, the

231

sex offender must be currently enrolled in or have successfully

232

completed a sex offender therapy program. The court may not grant

233

supervised contact with a child if the contact is not recommended

234

by a qualified practitioner and may deny supervised contact with

235

a child at any time. When considering whether to approve

236

supervised contact with a child, the court must review and

237

consider the following:

238

     1.  A risk assessment completed by a qualified practitioner.

239

The qualified practitioner must prepare a written report that

240

must include the findings of the assessment and address each of

241

the following components:

242

     a.  The sex offender's current legal status;

243

     b.  The sex offender's history of adult charges with

244

apparent sexual motivation;

245

     c.  The sex offender's history of adult charges without

246

apparent sexual motivation;

247

     d.  The sex offender's history of juvenile charges, whenever

248

available;

249

     e.  The sex offender's offender treatment history, including

250

consultations with the sex offender's treating, or most recent

251

treating, therapist;

252

     f.  The sex offender's current mental status;

253

     g.  The sex offender's mental health and substance abuse

254

treatment history as provided by the Department of Corrections;

255

     h.  The sex offender's personal, social, educational, and

256

work history;

257

     i.  The results of current psychological testing of the sex

258

offender if determined necessary by the qualified practitioner;

259

     j.  A description of the proposed contact, including the

260

location, frequency, duration, and supervisory arrangement;

261

     k.  The child's preference and relative comfort level with

262

the proposed contact, when age appropriate;

263

     l.  The parent's or legal guardian's preference regarding

264

the proposed contact; and

265

     m.  The qualified practitioner's opinion, along with the

266

basis for that opinion, as to whether the proposed contact would

267

likely pose significant risk of emotional or physical harm to the

268

child.

269

270

The written report of the assessment must be given to the court;

271

     2.  A recommendation made as a part of the risk assessment

272

report as to whether supervised contact with the child should be

273

approved;

274

     3.  A written consent signed by the child's parent or legal

275

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

276

offender, agreeing to the sex offender having supervised contact

277

with the child after receiving full disclosure of the sex

278

offender's present legal status, past criminal history, and the

279

results of the risk assessment. The court may not approve contact

280

with the child if the parent or legal guardian refuses to give

281

written consent for supervised contact;

282

     4.  A safety plan prepared by the qualified practitioner,

283

who provides treatment to the offender, in collaboration with the

284

sex offender, the child's parent or legal guardian, if the parent

285

or legal guardian is not the sex offender, and the child, when

286

age appropriate, which details the acceptable conditions of

287

contact between the sex offender and the child. The safety plan

288

must be reviewed and approved by the court; and

289

     5.  Evidence that the child's parent or legal guardian

290

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

291

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

292

constant supervision any time the child is in contact with the

293

offender.

294

295

The court may not appoint a person to conduct a risk assessment

296

and may not accept a risk assessment from a person who has not

297

demonstrated to the court that he or she has met the requirements

298

of a qualified practitioner as defined in this section.

299

     (f)  If the victim was under age 18, a prohibition on

300

working for pay or as a volunteer at any place where children

301

regularly congregate, including, but not limited to, schools, day

302

care centers, parks, playgrounds, pet stores, libraries, zoos,

303

theme parks, and malls.

304

     (g) If the victim was under the age of 18, a prohibition

305

against entering a public library without immediately notifying

306

an employee of the library of the sex offender's presence and

307

intent to use the resources of the library. As used in this

308

paragraph, the term "immediately" means moving from the entrance

309

of the public library in a straight line to the nearest work

310

station occupied by an employee of the public library. The sex

311

offender may not move from that work station until the employee

312

acknowledges the presence of the sex offender. Any sex offender

313

who violates this paragraph commits a felony of the third degree,

314

punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

315

     (h)(g) Unless otherwise indicated in the treatment plan

316

provided by the sexual offender treatment program, a prohibition

317

on viewing, accessing, owning, or possessing any obscene,

318

pornographic, or sexually stimulating visual or auditory

319

material, including telephone, electronic media, computer

320

programs, or computer services that are relevant to the

321

offender's deviant behavior pattern.

322

     (i)(h) Effective for probationers and community controllees

323

whose crime is committed on or after July 1, 2005, a prohibition

324

on accessing the Internet or other computer services until the

325

offender's sex offender treatment program, after a risk

326

assessment is completed, approves and implements a safety plan

327

for the offender's accessing or using the Internet or other

328

computer services.

329

     (j)(i) A requirement that the probationer or community

330

controllee must submit a specimen of blood or other approved

331

biological specimen to the Department of Law Enforcement to be

332

registered with the DNA data bank.

333

     (k)(j) A requirement that the probationer or community

334

controllee make restitution to the victim, as ordered by the

335

court under s. 775.089, for all necessary medical and related

336

professional services relating to physical, psychiatric, and

337

psychological care.

338

     (l)(k) Submission to a warrantless search by the community

339

control or probation officer of the probationer's or community

340

controllee's person, residence, or vehicle.

341

     Section 3.  This act shall take effect July 1, 2008.