Florida Senate - 2015                                     SB 336
       
       
        
       By Senator Gibson
       
       
       
       
       
       9-00184A-15                                            2015336__
    1                        A bill to be entitled                      
    2         An act relating to sexual predators and offenders;
    3         creating s. 921.2312, F.S.; requiring a circuit court
    4         of the state to have a qualified practitioner conduct
    5         a risk assessment before sentencing for a defendant
    6         who has been found guilty of or has entered a plea of
    7         nolo contendere or guilty to specified sexual
    8         offenses; specifying reporting requirements for the
    9         risk assessment; amending s. 948.30, F.S.; requiring
   10         the court to order a curfew as a condition of
   11         probation or community control for offenders who
   12         commit certain sexual offenses on or after a specified
   13         date; amending s. 948.31, F.S.; requiring, rather than
   14         authorizing, the court to require specified
   15         probationers or community controllees to undergo an
   16         evaluation at the probationers’ or community
   17         controllees’ expense; requiring the court, rather than
   18         the qualified practitioner, to determine if a need is
   19         established by the evaluation process and to require
   20         the probationers or community controllees to complete
   21         and pay for the treatment under certain circumstances;
   22         providing an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Section 921.2312, Florida Statutes, is created
   27  to read:
   28         921.2312 Risk assessment reports.—If a defendant in a
   29  criminal case has been found guilty of or has entered a plea of
   30  nolo contendere or guilty to an offense listed in s.
   31  943.0435(1)(a)1.a.(I) which was committed on or after October 1,
   32  2015, a circuit court of the state shall refer the case to a
   33  qualified practitioner as defined in s. 948.001. The qualified
   34  practitioner shall assess the defendant by considering the
   35  components specified in s. 948.30(1)(e)1.a.-i. and submit a
   36  written report to the circuit court at a time specified by the
   37  court, before sentencing. The report must include the qualified
   38  practitioner’s opinion, along with the basis for that opinion,
   39  as to the defendant’s risk of committing another sexual offense.
   40         Section 2. Subsection (6) is added to section 948.30,
   41  Florida Statutes, to read:
   42         948.30 Additional terms and conditions of probation or
   43  community control for certain sex offenses.—Conditions imposed
   44  pursuant to this section do not require oral pronouncement at
   45  the time of sentencing and shall be considered standard
   46  conditions of probation or community control for offenders
   47  specified in this section.
   48         (6) Effective for a probationer or community controllee
   49  whose crime was committed on or after October 1, 2015, and who:
   50         (a) Is placed on probation or community control for a
   51  violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071,
   52  or s. 847.0145 relating to unlawful sexual activity involving a
   53  victim 15 years of age or younger and the offender was 18 years
   54  of age or older at the time of the offense;
   55         (b) Is required to register as a sexual predator under s.
   56  775.21;
   57         (c) Is required to register as a sexual offender under s.
   58  943.0435, s. 944.606, or s. 944.607; or
   59         (d) Has previously been convicted of a violation of chapter
   60  794, s. 800.04(4), (5), or (6), s. 827.071, or s. 847.0145
   61  relating to unlawful sexual activity involving a victim 15 years
   62  of age or younger and the offender was 18 years of age or older
   63  at the time of the offense,
   64  
   65  the court must order, in addition to any other provision of this
   66  section, a mandatory curfew from 7 p.m. to 7 a.m. as a condition
   67  of the probation or community control supervision. The court may
   68  designate alternate hours if the offender’s employment or public
   69  service precludes this specified time and the alternative is
   70  recommended by the Department of Corrections. The court may also
   71  limit the offender’s whereabouts by requiring the offender to be
   72  at home if the offender is not working, performing public
   73  service, or receiving treatment. If the court determines that
   74  imposing a curfew would endanger the victim, the court may
   75  consider alternative sanctions.
   76         Section 3. Section 948.31, Florida Statutes, is amended to
   77  read:
   78         948.31 Evaluation and treatment of sexual predators and
   79  offenders on probation or community control.—The court shall may
   80  require any probationer or community controllee who is required
   81  to register as a sexual predator under s. 775.21 or sexual
   82  offender under s. 943.0435, s. 944.606, or s. 944.607 to undergo
   83  an evaluation, at the probationer or community controllee’s
   84  expense, by a qualified practitioner to determine whether such
   85  probationer or community controllee needs sexual offender
   86  treatment. If the court qualified practitioner determines that a
   87  need is established by the evaluation process, the court shall
   88  require sexual offender treatment is needed and recommends
   89  treatment, the probationer or community controllee to must
   90  successfully complete and pay for the treatment. Such treatment
   91  must be obtained from a qualified practitioner as defined in s.
   92  948.001. Treatment may not be administered by a qualified
   93  practitioner who has been convicted or adjudicated delinquent of
   94  committing, or attempting, soliciting, or conspiring to commit,
   95  any offense that is listed in s. 943.0435(1)(a)1.a.(I).
   96         Section 4. This act shall take effect July 1, 2015.