HB 1283

CS

CHAMBER ACTION

1	The Committee on Public Safety & Crime Prevention recommends the
2	following:
3
4	Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to the electronic monitoring of
8	probationers and community controllees; amending s.
9	948.03, F.S.; requiring the court to order the electronic
10	monitoring of certain sex offenders whose crime is
11	committed on or after a specified date; amending s.
12	948.11, F.S.; requiring the Department of Corrections to
13	use an electronic monitoring system that reports the
14	location of a monitored offender and correlates that
15	information with other crime data; providing requirements
16	for the capacity of the monitoring system; requiring a
17	statewide steering committee to oversee and evaluate the
18	system; providing an appropriation; reenacting ss.
19	948.001(5) and 958.03(4), F.S.; relating to the definition
20	of probation, for the purpose of incorporating the
21	amendment to s. 948.03, F.S., in references thereto;
22	providing an effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1.  Subsection (5) of section 948.03, Florida
27	Statutes, is amended to read:
28	948.03  Terms and conditions of probation or community
29	control.--
30	(5)  Conditions imposed pursuant to this subsection, as
31	specified in paragraphs (a), and (b), and (c), do not require
32	oral pronouncement at the time of sentencing and shall be
33	considered standard conditions of probation or community control
34	for offenders specified in this subsection.
35	(a)  Effective for probationers or community controllees
36	whose crime was committed on or after October 1, 1995, and who
37	are placed under supervision for violation of chapter 794, s.
38	800.04, s. 827.071, or s. 847.0145, the court must impose the
39	following conditions in addition to all other standard and
40	special conditions imposed:
41	1.  A mandatory curfew from 10 p.m. to 6 a.m. The court may
42	designate another 8-hour period if the offender's employment
43	precludes the above specified time, and such alternative is
44	recommended by the Department of Corrections. If the court
45	determines that imposing a curfew would endanger the victim, the
46	court may consider alternative sanctions.
47	2.  If the victim was under the age of 18, a prohibition on
48	living within 1,000 feet of a school, day care center, park,
49	playground, or other place where children regularly congregate,
50	as prescribed by the court. The 1,000-foot distance shall be
51	measured in a straight line from the offender's place of
52	residence to the nearest boundary line of the school, day care
53	center, park, playground, or other place where children
54	congregate. The distance may not be measured by a pedestrian
55	route or automobile route.
56	3.  Active participation in and successful completion of a
57	sex offender treatment program with therapists specifically
58	trained to treat sex offenders, at the probationer's or
59	community controllee's own expense. If a specially trained
60	therapist is not available within a 50-mile radius of the
61	probationer's or community controllee's residence, the offender
62	shall participate in other appropriate therapy.
63	4.  A prohibition on any contact with the victim, directly
64	or indirectly, including through a third person, unless approved
65	by the victim, the offender's therapist, and the sentencing
66	court.
67	5.  If the victim was under the age of 18, a prohibition,
68	until successful completion of a sex offender treatment program,
69	on unsupervised contact with a child under the age of 18, unless
70	authorized by the sentencing court without another adult present
71	who is responsible for the child's welfare, has been advised of
72	the crime, and is approved by the sentencing court.
73	6.  If the victim was under age 18, a prohibition on
74	working for pay or as a volunteer at any school, day care
75	center, park, playground, or other place where children
76	regularly congregate.
77	7.  Unless otherwise indicated in the treatment plan
78	provided by the sexual offender treatment program, a prohibition
79	on viewing, owning, or possessing any obscene, pornographic, or
80	sexually stimulating visual or auditory material, including
81	telephone, electronic media, computer programs, or computer
82	services that are relevant to the offender's deviant behavior
83	pattern.
84	8.  A requirement that the probationer or community
85	controllee must submit two specimens of blood or other approved
86	biological specimens to the Florida Department of Law
87	Enforcement to be registered with the DNA data bank.
88	9.  A requirement that the probationer or community
89	controllee make restitution to the victim, as ordered by the
90	court under s. 775.089, for all necessary medical and related
91	professional services relating to physical, psychiatric, and
92	psychological care.
93	10.  Submission to a warrantless search by the community
94	control or probation officer of the probationer's or community
95	controllee's person, residence, or vehicle.
96	(b)  Effective for a probationer or community controllee
97	whose crime was committed on or after October 1, 1997, and who
98	is placed on sex offender probation for a violation of chapter
99	794, s. 800.04, s. 827.071, or s. 847.0145, in addition to any
100	other provision of this subsection, the court must impose the
101	following conditions of probation or community control:
102	1.  As part of a treatment program, participation at least
103	annually in polygraph examinations to obtain information
104	necessary for risk management and treatment and to reduce the
105	sex offender's denial mechanisms. A polygraph examination must
106	be conducted by a polygrapher trained specifically in the use of
107	the polygraph for the monitoring of sex offenders, where
108	available, and shall be paid by the sex offender. The results of
109	the polygraph examination shall not be used as evidence in court
110	to prove that a violation of community supervision has occurred.
111	2.  Maintenance of a driving log and a prohibition against
112	driving a motor vehicle alone without the prior approval of the
113	supervising officer.
114	3.  A prohibition against obtaining or using a post office
115	box without the prior approval of the supervising officer.
116	4.  If there was sexual contact, a submission to, at the
117	probationer's or community controllee's expense, an HIV test
118	with the results to be released to the victim or and/or the
119	victim's parent or guardian.
120	5.  Electronic monitoring when deemed necessary by the
121	community control or probation officer and his or her
122	supervisor, and ordered by the court at the recommendation of
123	the Department of Corrections.
124	(c)  Effective for a probationer or community controllee
125	whose crime was committed on or after July 1, 2004, and who is
126	placed under supervision for a violation of chapter 794, s.
127	800.04, s. 827.071, or s. 847.0145, the court must order
128	electronic monitoring in addition to all other standard and
129	special conditions imposed.
130	Section 2.  Section 948.11, Florida Statutes, is amended to
131	read:
132	948.11  Electronic monitoring devices.--
133	(1)  Pursuant to chapter 287, the department shall issue a
134	request for proposal for electronic monitoring devices to be
135	used utilized by the department for purposes of electronic
136	monitoring under this section or any other section of law which
137	authorizes electronic monitoring. Electronic monitoring devices
138	certified for use by the department must be licensed by the FCC,
139	must be capable of maintaining full operation on a backup power
140	source for 8 hours, and must meet such other necessary and vital
141	specifications as may be set by the department for tamper-alert,
142	efficient, and economical usage.  The provisions of this section
143	do not apply to passive devices.
144	(2)  The department shall use a system of electronic
145	monitoring that identifies the location of a monitored offender
146	and timely reports the offender's presence near a crime scene,
147	entrance into a prohibited area, or departure from specified
148	geographical limitations.
149	(a)  The system shall be designed and executed in such a
150	manner so that it contains all data concerning criminal
151	incidents available throughout the state, including detailed
152	geographical inclusion and exclusion zones if a monitored person
153	is lawfully prohibited from leaving or entering certain
154	locations.
155	(b)  The system shall be designed to provide either real
156	time or delayed reporting of the monitored person's location and
157	any correlation with the location of a crime or with the
158	person's exit from an inclusion zone or entry into a prohibited
159	zone. This shall include, but need not be limited to:
160	1.  Timely alerts and reports to the Department of
161	Corrections when a supervised offender enters or leaves an
162	inclusion or exclusion zone.
163	2.  Timely alerts and reports to appropriate local law
164	enforcement officials when any supervised offender is identified
165	as being at or near a crime scene.
166
167	The supervising agency shall determine whether reporting of
168	location and correlation with crime data shall be real time or
169	delayed, and the length of delay, depending upon the seriousness
170	of the monitored person's offense or offenses.
171	(c)  The system shall monitor a minimum of 1,000 offenders
172	on state community control supervision or state probation. The
173	following offenders shall be given priority for monitoring and
174	crime-correlation reporting under the system:
175	1.  All probationers and community controllees who have
176	been court ordered to submit to electronic monitoring pursuant
177	to s. 948.03(5)(b) or s. 948.03(5)(c). If more than 1,000
178	offenders are subject to this requirement, the Department of
179	Corrections shall determine which offenders to monitor based
180	upon risk-assessment criteria.
181	2.  If fewer than 1,000 probationers and community
182	controllees are court ordered to submit to electronic monitoring
183	pursuant to s. 948.03(5)(b) or s. 948.03(5)(c), the remainder of
184	the 1,000 tracked offenders shall be offenders under the
185	jurisdiction of the Department of Corrections who have been
186	previously convicted of sexual offenses or violent crimes and
187	who are court ordered to submit to electronic monitoring. For
188	the purposes of this subparagraph, the term "conviction" means a
189	determination of guilt that is the result of a plea or a trial,
190	regardless of whether adjudication is withheld or whether a plea
191	of nolo contendere is entered. The Department of Corrections
192	shall determine which offenders to monitor based upon risk-
193	assessment criteria.
194	(d)  A statewide steering committee, comprised of
195	representatives of the Office of the Attorney General, the
196	Department of Law Enforcement, the Department of Corrections,
197	the Parole Commission, sheriffs' offices, police departments,
198	and other criminal justice officials, as deemed appropriate,
199	shall oversee and guide the monitoring system and provide for
200	project evaluation.
201	Section 3.  The sum of $7.8 million is appropriated from
202	the General Revenue Fund to the Department of Corrections for
203	the purpose of contracting for an integrated statewide offender
204	tracking and crime-reporting system, which shall be fully
205	operational by December 1, 2004.
206	Section 4.  For the purpose of incorporating the amendment
207	to section 948.03, Florida Statutes, in a reference thereto,
208	subsection (5) of section 948.001, Florida Statutes, is
209	reenacted to read:
210	948.001  Definitions.--As used in this chapter, the term:
211	(5)  "Probation" means a form of community supervision
212	requiring specified contacts with parole and probation officers
213	and other terms and conditions as provided in s. 948.03.
214	Section 5.  For the purpose of incorporating the amendment
215	to section 948.03, Florida Statutes, in a reference thereto,
216	subsection (4) of section 958.03, Florida Statutes, is reenacted
217	to read:
218	958.03  Definitions.--As used in this act:
219	(4)  "Probation" means a form of community supervision
220	requiring specified contacts with parole and probation officers
221	and other terms and conditions as provided in s. 948.03.
222	Section 6.  This act shall take effect upon becoming a law.

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