HB 1283

1	A bill to be entitled
2	An act relating to the electronic monitoring of
3	probationers and community controllees; amending s.
4	948.03, F.S.; requiring the court to order the electronic
5	monitoring of certain sex offenders whose crime is
6	committed on or after a specified date; amending s.
7	948.11, F.S.; requiring the Department of Corrections to
8	use an electronic monitoring system that reports the
9	location of a monitored offender and correlates that
10	information with other crime data; providing requirements
11	for the capacity of the monitoring system; requiring a
12	statewide steering committee to oversee and evaluate the
13	system; providing an appropriation; reenacting ss.
14	948.001(5) and 958.03(4), relating to the definition of
15	probation, for the purpose of incorporating the amendment
16	to s. 948.03, F.S., in references thereto; providing an
17	effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Subsection (5) of section 948.03, Florida
22	Statutes, is amended to read:
23	948.03  Terms and conditions of probation or community
24	control.--
25	(5)  Conditions imposed pursuant to this subsection, as
26	specified in paragraphs (a), and (b), and (c), do not require
27	oral pronouncement at the time of sentencing and shall be
28	considered standard conditions of probation or community control
29	for offenders specified in this subsection.
30	(a)  Effective for probationers or community controllees
31	whose crime was committed on or after October 1, 1995, and who
32	are placed under supervision for violation of chapter 794, s.
33	800.04, s. 827.071, or s. 847.0145, the court must impose the
34	following conditions in addition to all other standard and
35	special conditions imposed:
36	1.  A mandatory curfew from 10 p.m. to 6 a.m. The court may
37	designate another 8-hour period if the offender's employment
38	precludes the above specified time, and such alternative is
39	recommended by the Department of Corrections. If the court
40	determines that imposing a curfew would endanger the victim, the
41	court may consider alternative sanctions.
42	2.  If the victim was under the age of 18, a prohibition on
43	living within 1,000 feet of a school, day care center, park,
44	playground, or other place where children regularly congregate,
45	as prescribed by the court. The 1,000-foot distance shall be
46	measured in a straight line from the offender's place of
47	residence to the nearest boundary line of the school, day care
48	center, park, playground, or other place where children
49	congregate. The distance may not be measured by a pedestrian
50	route or automobile route.
51	3.  Active participation in and successful completion of a
52	sex offender treatment program with therapists specifically
53	trained to treat sex offenders, at the probationer's or
54	community controllee's own expense. If a specially trained
55	therapist is not available within a 50-mile radius of the
56	probationer's or community controllee's residence, the offender
57	shall participate in other appropriate therapy.
58	4.  A prohibition on any contact with the victim, directly
59	or indirectly, including through a third person, unless approved
60	by the victim, the offender's therapist, and the sentencing
61	court.
62	5.  If the victim was under the age of 18, a prohibition,
63	until successful completion of a sex offender treatment program,
64	on unsupervised contact with a child under the age of 18, unless
65	authorized by the sentencing court without another adult present
66	who is responsible for the child's welfare, has been advised of
67	the crime, and is approved by the sentencing court.
68	6.  If the victim was under age 18, a prohibition on
69	working for pay or as a volunteer at any school, day care
70	center, park, playground, or other place where children
71	regularly congregate.
72	7.  Unless otherwise indicated in the treatment plan
73	provided by the sexual offender treatment program, a prohibition
74	on viewing, owning, or possessing any obscene, pornographic, or
75	sexually stimulating visual or auditory material, including
76	telephone, electronic media, computer programs, or computer
77	services that are relevant to the offender's deviant behavior
78	pattern.
79	8.  A requirement that the probationer or community
80	controllee must submit two specimens of blood or other approved
81	biological specimens to the Florida Department of Law
82	Enforcement to be registered with the DNA data bank.
83	9.  A requirement that the probationer or community
84	controllee make restitution to the victim, as ordered by the
85	court under s. 775.089, for all necessary medical and related
86	professional services relating to physical, psychiatric, and
87	psychological care.
88	10.  Submission to a warrantless search by the community
89	control or probation officer of the probationer's or community
90	controllee's person, residence, or vehicle.
91	(b)  Effective for a probationer or community controllee
92	whose crime was committed on or after October 1, 1997, and who
93	is placed on sex offender probation for a violation of chapter
94	794, s. 800.04, s. 827.071, or s. 847.0145, in addition to any
95	other provision of this subsection, the court must impose the
96	following conditions of probation or community control:
97	1.  As part of a treatment program, participation at least
98	annually in polygraph examinations to obtain information
99	necessary for risk management and treatment and to reduce the
100	sex offender's denial mechanisms. A polygraph examination must
101	be conducted by a polygrapher trained specifically in the use of
102	the polygraph for the monitoring of sex offenders, where
103	available, and shall be paid by the sex offender. The results of
104	the polygraph examination shall not be used as evidence in court
105	to prove that a violation of community supervision has occurred.
106	2.  Maintenance of a driving log and a prohibition against
107	driving a motor vehicle alone without the prior approval of the
108	supervising officer.
109	3.  A prohibition against obtaining or using a post office
110	box without the prior approval of the supervising officer.
111	4.  If there was sexual contact, a submission to, at the
112	probationer's or community controllee's expense, an HIV test
113	with the results to be released to the victim or and/or the
114	victim's parent or guardian.
115	5.  Electronic monitoring when deemed necessary by the
116	community control or probation officer and his or her
117	supervisor, and ordered by the court at the recommendation of
118	the Department of Corrections.
119	(c)  Effective for a probationer or community controllee
120	whose crime was committed on or after July 1, 2004, and who is
121	placed under supervision for a violation of chapter 794, s.
122	800.04, s. 827.071, or s. 847.0145, the court must order
123	electronic monitoring in addition to all other standard and
124	special conditions imposed.
125	Section 2.  Section 948.11, Florida Statutes, is amended to
126	read:
127	948.11  Electronic monitoring devices.--
128	(1)  Pursuant to chapter 287, the department shall issue a
129	request for proposal for electronic monitoring devices to be
130	used utilized by the department for purposes of electronic
131	monitoring under this section or any other section of law which
132	authorizes electronic monitoring. Electronic monitoring devices
133	certified for use by the department must be licensed by the FCC,
134	must be capable of maintaining full operation on a backup power
135	source for 8 hours, and must meet such other necessary and vital
136	specifications as may be set by the department for tamper-alert,
137	efficient, and economical usage.  The provisions of this section
138	do not apply to passive devices.
139	(2)  The department shall use a system of electronic
140	monitoring that identifies the location of a monitored offender
141	and timely reports the offender's presence near a crime scene,
142	entrance into a prohibited area, or departure from specified
143	geographical limitations.
144	(a)  The system shall be designed and executed in such a
145	manner so that it contains all data concerning criminal
146	incidents available throughout the state, including detailed
147	geographical inclusion and exclusion zones if a monitored person
148	is lawfully prohibited from leaving or entering certain
149	locations.
150	(b)  The system shall be designed to provide either real
151	time or delayed reporting of the monitored person's location and
152	any correlation with the location of a crime or with the
153	person's exit from an inclusion zone or entry into a prohibited
154	zone. This shall include, but need not be limited to:
155	1.  Timely alerts and reports to the Department of
156	Corrections when a supervised offender enters or leaves an
157	inclusion or exclusion zone.
158	2.  Timely alerts and reports to appropriate local law
159	enforcement officials when any supervised offender is identified
160	as being at or near a crime scene.
161
162	The supervising agency shall determine whether reporting of
163	location and correlation with crime data shall be real time or
164	delayed, and the length of delay, depending upon the seriousness
165	of the monitored person's offense or offenses.
166	(c)  The system shall monitor a minimum of 1,000 offenders
167	on state community control supervision or state probation. The
168	following offenders shall be given priority for monitoring and
169	crime-correlation reporting under the system:
170	1.  All convicted sex offenders who may lawfully be
171	required to submit to electronic monitoring. If more than 1,000
172	offenders are subject to this requirement, the Department of
173	Corrections shall determine which offenders to monitor based
174	upon risk-assessment criteria.
175	2.  If fewer than 1,000 convicted sex offenders may
176	lawfully be required to submit to electronic monitoring, the
177	remainder of the 1,000 tracked offenders shall be offenders
178	under the jurisdiction of the Department of Corrections who are
179	likely to commit sexual offenses or violent crimes and who may
180	lawfully be required to submit to electronic monitoring. The
181	Department of Corrections shall determine which offenders to
182	monitor, based upon risk-assessment criteria.
183	(d)  A statewide steering committee, comprised of
184	representatives of the Office of the Attorney General, the
185	Department of Law Enforcement, the Department of Corrections,
186	the Parole Commission, sheriffs' offices, police departments,
187	and other criminal justice officials, as deemed appropriate,
188	shall oversee and guide the monitoring system and provide for
189	project evaluation.
190	Section 3.  The sum of $7.8 million is appropriated from
191	the General Revenue Trust Fund to the Department of Corrections
192	for the purpose of contracting for an integrated statewide
193	offender tracking and crime-reporting system, which shall be
194	fully operational by December 1, 2004.
195	Section 4.  For the purpose of incorporating the amendment
196	to section 948.03, Florida Statutes, in a reference thereto,
197	subsection (5) of section 948.001, Florida Statutes, is
198	reenacted to read:
199	948.001  Definitions.--As used in this chapter, the term:
200	(5)  "Probation" means a form of community supervision
201	requiring specified contacts with parole and probation officers
202	and other terms and conditions as provided in s. 948.03.
203	Section 5.  For the purpose of incorporating the amendment
204	to section 948.03, Florida Statutes, in references thereto,
205	subsection (4) of section 958.03, Florida Statutes, is reenacted
206	to read:
207	958.03  Definitions.--As used in this act:
208	(4)  "Probation" means a form of community supervision
209	requiring specified contacts with parole and probation officers
210	and other terms and conditions as provided in s. 948.03.
211	Section 6.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.