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.