Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. SB 134 Ì670212iÎ670212 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (Gibson) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 921.2312, Florida Statutes, is created 6 to read: 7 921.2312 Risk assessment reports.—If a defendant in a 8 criminal case has been found guilty of or has entered a plea of 9 nolo contendere or guilty to an offense specified in s. 10 943.0435(1)(a)1.a.(I) which was committed on or after October 1, 11 2015, a circuit court shall refer the case to a qualified 12 practitioner as defined in s. 948.001. The qualified 13 practitioner shall assess the defendant considering the factors 14 specified in s. 948.30(1)(e)1.a.-i. and submit a written report 15 to the circuit court at a time specified by the court before 16 sentencing. The report must include the qualified practitioner’s 17 opinion, and the basis for that opinion, as to the defendant’s 18 risk of committing another sexual offense. 19 Section 2. Subsection (6) is added to section 948.30, 20 Florida Statutes, to read: 21 948.30 Additional terms and conditions of probation or 22 community control for certain sex offenses.—Conditions imposed 23 pursuant to this section do not require oral pronouncement at 24 the time of sentencing and shall be considered standard 25 conditions of probation or community control for offenders 26 specified in this section. 27 (6) Effective for a probationer or community controllee 28 whose crime was committed on or after October 1, 2015, and who: 29 (a) Was 18 years of age or older at the time of the offense 30 and is placed on probation or community control for a violation 31 of chapter 794, s. 800.04(4), s. 800.04(5), s. 800.04(6), s. 32 827.071, or s. 847.0145 relating to unlawful sexual activity 33 involving a victim 15 years of age or younger; 34 (b) Is required to register as a sexual predator under s. 35 775.21; 36 (c) Is required to register as a sexual offender under s. 37 943.0435, s. 944.606, or s. 944.607; or 38 (d) Was 18 years of age or older at the time of the offense 39 and has previously been convicted of a violation of chapter 794, 40 s. 800.04(4), s. 800.04(5), s. 800.04(6), s. 827.071, or s. 41 847.0145 relating to unlawful sexual activity involving a victim 42 15 years of age or younger and the offender, 43 44 the court shall order, in addition to any other provision of 45 this section, a mandatory curfew from 7 p.m. to 7 a.m. as a 46 condition of the probation or community control supervision. The 47 court may designate alternate hours upon the recommendation of 48 the Department of Corrections if the offender’s employment or 49 public service precludes the specified hours. The court may also 50 limit the offender’s activities by requiring the offender to be 51 at home if he or she is not working, performing public service, 52 or receiving treatment. If the court determines that imposing a 53 curfew would endanger the victim, the court may consider 54 alternative sanctions. 55 Section 3. Lifetime electronic monitoring program study.— 56 (1) The Department of Law Enforcement shall implement a 57 study to determine the feasibility of a lifetime electronic 58 monitoring program, which would implement a system of monitoring 59 sex offenders who are released from prison, probation, community 60 control, or conditional release and who are sentenced by the 61 court to lifetime electronic monitoring. The study should 62 include, but need not be limited to, feasibility and benefit of: 63 (a) Electronic tracking of the movement and location of 64 each sex offender sentenced to lifetime electronic monitoring 65 from the time that he or she is released from prison, probation, 66 community control, or conditional release for the remainder of 67 his or her natural life. 68 (b) The use of an electronic system that actively monitors 69 and identifies a sex offender’s location and movement, and 70 timely reports and records his or her presence near or at a 71 crime scene or in a prohibited area, or his or her departure 72 from specified geographic limitations. Such recorded information 73 would be available upon request to a court or a law enforcement 74 agency. 75 (2) By January 1, 2016, the department shall submit a 76 report to the President of the Senate and the Speaker of the 77 House of Representatives detailing the findings of the study. 78 Section 4. This act shall take effect October 1, 2015. 79 ================= T I T L E A M E N D M E N T ================ 80 And the title is amended as follows: 81 Delete everything before the enacting clause 82 and insert: 83 A bill to be entitled 84 An act relating to sexual offenders; creating s. 85 921.2312, F.S.; requiring that a circuit court refer 86 certain cases to a qualified practitioner for a risk 87 assessment before sentencing for a defendant who has 88 been found guilty of or has entered a plea of nolo 89 contendere or guilty to specified sexual offenses; 90 specifying factors that may be used by the qualified 91 practitioner in making the risk assessment; amending 92 s. 948.30, F.S.; requiring the court to order a curfew 93 as a condition of probation or community control for 94 offenders who commit certain sexual offenses on or 95 after a specified date; authorizing alternate 96 sanctions in certain circumstances creating the 97 lifetime electronic monitoring program study; 98 requiring the Department of Law Enforcement to 99 implement the study; providing parameters for the 100 study; requiring the department to submit a report to 101 the Legislature by a certain date; providing an 102 effective date.