1 | A bill to be entitled |
2 | An act relating to sexually violent predators; amending s. |
3 | 394.912, F.S.; limiting the definition of the term |
4 | "sexually violent offense," for purposes of sexually |
5 | violent predator provisions, to felony offenses; amending |
6 | s. 394.913, F.S.; providing for prioritization of written |
7 | assessment and recommendation for individuals scheduled or |
8 | up for review for release when the assessment and |
9 | recommendation have not been completed within a specified |
10 | period; amending s. 394.9135, F.S.; revising provisions |
11 | relating to petitions to hold in custody following release |
12 | and transfer to the Department of Children and Family |
13 | Services to provide for extension of certain time periods |
14 | that expire after normal business hours; creating s. |
15 | 394.933, F.S.; prohibiting the introduction of contraband |
16 | into or its removal from the grounds of any facility for |
17 | commitment or detention of sexually violent predators; |
18 | specifying items that constitute contraband; providing for |
19 | designation of additional articles as contraband; |
20 | providing for reasonable searches of individuals or |
21 | vehicles entering facilities for contraband; providing for |
22 | enforcement of provisions; providing criminal penalties |
23 | for violations; amending s. 800.03, F.S.; providing |
24 | enhanced criminal penalties for unlawful exposure of |
25 | sexual organs violations committed by persons while they |
26 | are committed to or detained in facilities for sexually |
27 | violent predators; providing an effective date. |
28 |
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29 | Be It Enacted by the Legislature of the State of Florida: |
30 |
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31 | Section 1. Paragraph (h) of subsection (9) of section |
32 | 394.912, Florida Statutes, is amended to read: |
33 | 394.912 Definitions.-As used in this part, the term: |
34 | (9) "Sexually violent offense" means: |
35 | (h) Any felony criminal act that, either at the time of |
36 | sentencing for the offense or subsequently during civil |
37 | commitment proceedings under this part, has been determined |
38 | beyond a reasonable doubt to have been sexually motivated. |
39 | Section 2. Subsection (1) of section 394.913, Florida |
40 | Statutes, is amended to read: |
41 | 394.913 Notice to state attorney and multidisciplinary |
42 | team of release of sexually violent predator; establishing |
43 | multidisciplinary teams; information to be provided to |
44 | multidisciplinary teams.- |
45 | (1)(a) The agency with jurisdiction over a person who has |
46 | been convicted of a sexually violent offense shall give written |
47 | notice to the multidisciplinary team, and a copy to the state |
48 | attorney of the circuit where that person was last convicted of |
49 | a sexually violent offense. If the person has never been |
50 | convicted of a sexually violent offense in this state but has |
51 | been convicted of a sexually violent offense in another state or |
52 | in federal court, the agency with jurisdiction shall give |
53 | written notice to the multidisciplinary team and a copy to the |
54 | state attorney of the circuit where the person was last |
55 | convicted of any offense in this state. If the person is being |
56 | confined in this state pursuant to interstate compact and has a |
57 | prior or current conviction for a sexually violent offense, the |
58 | agency with jurisdiction shall give written notice to the |
59 | multidisciplinary team and a copy to the state attorney of the |
60 | circuit where the person plans to reside upon release or, if no |
61 | residence in this state is planned, the state attorney in the |
62 | circuit where the facility from which the person to be released |
63 | is located. Except as provided in s. 394.9135, the written |
64 | notice must be given: |
65 | 1.(a) At least 545 days prior to the anticipated release |
66 | from total confinement of a person serving a sentence in the |
67 | custody of the Department of Corrections, except that in the |
68 | case of persons who are totally confined for a period of less |
69 | than 545 days, written notice must be given as soon as |
70 | practicable; |
71 | 2.(b) At least 180 days prior to the anticipated release |
72 | from residential commitment of a person committed to the custody |
73 | of the Department of Juvenile Justice, except that in the case |
74 | of persons who are committed to low or moderate risk, written |
75 | notice must be given as soon as practicable; or |
76 | 3.(c) At least 180 days prior to the anticipated hearing |
77 | regarding possible release of a person committed to the custody |
78 | of the department who has been found not guilty by reason of |
79 | insanity or mental incapacity of a sexually violent offense. |
80 | (b) The timeframes in paragraph (a) notwithstanding, when |
81 | there are individuals for whom the written assessment and |
82 | recommendation have not been completed at least 365 days prior |
83 | to their release from total confinement, the department shall |
84 | prioritize the assessment of those individuals based upon their |
85 | release dates. |
86 | Section 3. Subsections (2) and (3) of section 394.9135, |
87 | Florida Statutes, are amended to read: |
88 | 394.9135 Immediate releases from total confinement; |
89 | transfer of person to department; time limitations on |
90 | assessment, notification, and filing petition to hold in |
91 | custody; filing petition after release.- |
92 | (2) Within 72 hours after transfer, the multidisciplinary |
93 | team shall assess whether the person meets the definition of a |
94 | sexually violent predator. If the multidisciplinary team |
95 | determines that the person does not meet the definition of a |
96 | sexually violent predator, that person shall be immediately |
97 | released. If the multidisciplinary team determines that the |
98 | person meets the definition of a sexually violent predator, the |
99 | team shall provide the state attorney, as designated by s. |
100 | 394.913, with its written assessment and recommendation within |
101 | the 72-hour period or, if the 72-hour period ends after 5 p.m. |
102 | on a working day or on a weekend or holiday, within the next |
103 | working day thereafter. |
104 | (3) Within 48 hours after receipt of the written |
105 | assessment and recommendation from the multidisciplinary team, |
106 | the state attorney, as designated in s. 394.913, may file a |
107 | petition with the circuit court alleging that the person is a |
108 | sexually violent predator and stating facts sufficient to |
109 | support such allegation. If a petition is not filed within 48 |
110 | hours after receipt of the written assessment and recommendation |
111 | by the state attorney, the person shall be immediately released, |
112 | except that, if the 48-hour period ends after 5 p.m. on a |
113 | working day or on a weekend or holiday, the petition may be |
114 | filed on the next working day without resulting in the person's |
115 | release. If a petition is filed pursuant to this section and the |
116 | judge determines that there is probable cause to believe that |
117 | the person is a sexually violent predator, the judge shall order |
118 | the person be maintained in custody and held in an appropriate |
119 | secure facility for further proceedings in accordance with this |
120 | part. |
121 | Section 4. Section 394.933, Florida Statutes, is created |
122 | to read: |
123 | 394.933 Introduction or removal of certain articles |
124 | unlawful; penalty.- |
125 | (1)(a) Except as authorized by law or as specifically |
126 | authorized by the person in charge of a facility, it is unlawful |
127 | to introduce into or upon the grounds of any facility for |
128 | commitment or detention of sexually violent predators under this |
129 | part, or to take or attempt to take or send therefrom, any of |
130 | the following articles, which are declared to be contraband for |
131 | the purposes of this section: |
132 | 1. Any intoxicating beverage or beverage that causes or |
133 | may cause an intoxicating effect; |
134 | 2. Any controlled substance as defined in chapter 893; |
135 | 3. Any firearm or deadly weapon; or |
136 | 4. Any other item as determined by the department or the |
137 | agency, and as designated by rule or by written institutional |
138 | policies, to be hazardous to the welfare of clients or the |
139 | operation of the facility. |
140 | (b) It is unlawful to transmit to, attempt to transmit to, |
141 | or cause or attempt to cause to be transmitted to or received by |
142 | any client of any facility under the supervision or control of |
143 | the department or agency any article or thing declared by this |
144 | section to be contraband, at any place that is outside of the |
145 | grounds of such facility, except as authorized by law or as |
146 | specifically authorized by the person in charge of such |
147 | facility. |
148 | (2)(a) All individuals or vehicles entering upon the |
149 | grounds of any facility to which this section applies may be |
150 | subject to reasonable search and seizure of any contraband |
151 | materials introduced thereon, for purpose of enforcement of this |
152 | section. This paragraph shall be enforced by institutional |
153 | security personnel or by a law enforcement officer as defined in |
154 | s. 943.10. |
155 | (b) A person who violates subsection (1) commits a felony |
156 | of the third degree, punishable as provided in s. 775.082, s. |
157 | 775.083, or s. 775.084. |
158 | Section 5. Section 800.03, Florida Statutes, is amended to |
159 | read: |
160 | 800.03 Exposure of sexual organs.- |
161 | (1) It is unlawful to expose or exhibit one's sexual |
162 | organs in public or on the private premises of another, or so |
163 | near thereto as to be seen from such private premises, in a |
164 | vulgar or indecent manner, or to be naked in public except in |
165 | any place provided or set apart for that purpose. A mother's |
166 | breastfeeding of her baby does not under any circumstance |
167 | violate this section. |
168 | (2)(a) Except as provided in paragraph (b), violation of |
169 | this section is a misdemeanor of the first degree, punishable as |
170 | provided in s. 775.082 or s. 775.083. |
171 | (b) A violation of this section committed by a person |
172 | while he or she is committed to or detained in a facility for |
173 | sexually violent predators under part V of chapter 394 is a |
174 | felony of the third degree, punishable as provided in s. |
175 | 775.082, s. 775.083, or s. 775.084 A mother's breastfeeding of |
176 | her baby does not under any circumstance violate this section. |
177 | Section 6. This act shall take effect upon becoming a law. |