HB 1543

1	A bill to be entitled
2	An act relating to probation or community control for a
3	sex offender; amending s. 948.03, F.S.; prohibiting a sex
4	offender from having unsupervised contact with a child
5	under the age of 18; authorizing the court to approve
6	supervised contact if the offender successfully completes
7	a treatment program, a risk assessment is prepared, and an
8	adult responsible for the child's welfare supervises the
9	contact; requiring that the supervising adult be provided
10	with a safety plan prepared by a qualified practitioner;
11	providing a definition; reenacting ss. 775.21(3)(b),
12	948.001(5), and 958.03(4), F.S., relating to specialized
13	supervision of sexual predators and the definition of
14	probation, for the purpose of incorporating the amendment
15	to s. 948.03, F.S., in references thereto; providing an
16	effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1.  Paragraph (a) of subsection (5) of section
21	948.03, Florida Statutes, is amended to read:
22	948.03  Terms and conditions of probation or community
23	control.--
24	(5)  Conditions imposed pursuant to this subsection, as
25	specified in paragraphs (a) and (b), do not require oral
26	pronouncement at the time of sentencing and shall be considered
27	standard conditions of probation or community control for
28	offenders specified in this subsection.
29	(a)  Effective for probationers or community controllees
30	whose crime was committed on or after October 1, 1995, and who
31	are placed under supervision for violation of chapter 794, s.
32	800.04, s. 827.071, or s. 847.0145, the court must impose the
33	following conditions in addition to all other standard and
34	special conditions imposed:
35	1.  A mandatory curfew from 10 p.m. to 6 a.m. The court may
36	designate another 8-hour period if the offender's employment
37	precludes the above specified time, and such alternative is
38	recommended by the Department of Corrections. If the court
39	determines that imposing a curfew would endanger the victim, the
40	court may consider alternative sanctions.
41	2.  If the victim was under the age of 18, a prohibition on
42	living within 1,000 feet of a school, day care center, park,
43	playground, or other place where children regularly congregate,
44	as prescribed by the court. The 1,000-foot distance shall be
45	measured in a straight line from the offender's place of
46	residence to the nearest boundary line of the school, day care
47	center, park, playground, or other place where children
48	congregate. The distance may not be measured by a pedestrian
49	route or automobile route.
50	3.  Active participation in and successful completion of a
51	sex offender treatment program with therapists specifically
52	trained to treat sex offenders, at the probationer's or
53	community controllee's own expense. If a specially trained
54	therapist is not available within a 50-mile radius of the
55	probationer's or community controllee's residence, the offender
56	shall participate in other appropriate therapy.
57	4.  A prohibition on any contact with the victim, directly
58	or indirectly, including through a third person, unless approved
59	by the victim, the offender's therapist, and the sentencing
60	court.
61	5.  If the victim was under the age of 18, a prohibition on
62	starting or continuing unsupervised contact with a child under
63	the age of 18 or living with a child under the age of 18. The
64	court may approve supervised contact with a child under the age
65	of 18 if:
66	a.  The offender has successfully completed a sex offender
67	treatment program;
68	b.  The offender has completed an assessment of the contact
69	risk prepared by a qualified practitioner;
70	c.  An adult who is responsible for the child's welfare and
71	who has been advised of the crime and approved by the court is
72	present at all times when the offender is with the child; and
73	d.  Before supervised contact may begin, the responsible
74	adult must be provided with a safety plan that details the
75	conditions of the contact and is prepared by a qualified
76	practitioner who is treating or has treated the offender.
77
78	As used in this subparagraph, the term "qualified practitioner"
79	means a therapist licensed under s. 490.0143 or s. 491.0143 or a
80	sex therapist who is a clinical member of the Association for
81	the Treatment of Sexual Abusers, until successful completion of
82	a sex offender treatment program, on unsupervised contact with a
83	child under the age of 18, unless authorized by the sentencing
84	court without another adult present who is responsible for the
85	child's welfare, has been advised of the crime, and is approved
86	by the sentencing court.
87	6.  If the victim was under age 18, a prohibition on
88	working for pay or as a volunteer at any school, day care
89	center, park, playground, or other place where children
90	regularly congregate.
91	7.  Unless otherwise indicated in the treatment plan
92	provided by the sexual offender treatment program, a prohibition
93	on viewing, owning, or possessing any obscene, pornographic, or
94	sexually stimulating visual or auditory material, including
95	telephone, electronic media, computer programs, or computer
96	services that are relevant to the offender's deviant behavior
97	pattern.
98	8.  A requirement that the probationer or community
99	controllee must submit two specimens of blood or other approved
100	biological specimens to the Florida Department of Law
101	Enforcement to be registered with the DNA data bank.
102	9.  A requirement that the probationer or community
103	controllee make restitution to the victim, as ordered by the
104	court under s. 775.089, for all necessary medical and related
105	professional services relating to physical, psychiatric, and
106	psychological care.
107	10.  Submission to a warrantless search by the community
108	control or probation officer of the probationer's or community
109	controllee's person, residence, or vehicle.
110	Section 2.  For the purpose of incorporating the amendment
111	to section 948.03, Florida Statutes, in a reference thereto,
112	paragraph (b) of subsection (3) of section 775.21, Florida
113	Statutes, is reenacted to read:
114	775.21  The Florida Sexual Predators Act; definitions;
115	legislative findings, purpose, and intent; criteria;
116	designation; registration; community and public notification;
117	immunity; penalties.--
118	(3)  LEGISLATIVE FINDINGS AND PURPOSE; LEGISLATIVE
119	INTENT.--
120	(b)  The high level of threat that a sexual predator
121	presents to the public safety, and the long-term effects
122	suffered by victims of sex offenses, provide the state with
123	sufficient justification to implement a strategy that includes:
124	1.  Incarcerating sexual predators and maintaining adequate
125	facilities to ensure that decisions to release sexual predators
126	into the community are not made on the basis of inadequate
127	space.
128	2.  Providing for specialized supervision of sexual
129	predators who are in the community by specially trained
130	probation officers with low caseloads, as described in ss.
131	947.1405(7) and 948.03(5). The sexual predator is subject to
132	specified terms and conditions implemented at sentencing or at
133	the time of release from incarceration, with a requirement that
134	those who are financially able must pay all or part of the costs
135	of supervision.
136	3.  Requiring the registration of sexual predators, with a
137	requirement that complete and accurate information be maintained
138	and accessible for use by law enforcement authorities,
139	communities, and the public.
140	4.  Providing for community and public notification
141	concerning the presence of sexual predators.
142	5.  Prohibiting sexual predators from working with
143	children, either for compensation or as a volunteer.
144	Section 3.  For the purpose of incorporating the amendment
145	to section 948.03, Florida Statutes, in a reference thereto,
146	subsection (5) of section 948.001, Florida Statutes, is
147	reenacted to read:
148	948.001  Definitions.--As used in this chapter, the term:
149	(5)  "Probation" means a form of community supervision
150	requiring specified contacts with parole and probation officers
151	and other terms and conditions as provided in s. 948.03.
152	Section 4.  For the purpose of incorporating the amendment
153	to section 948.03, Florida Statutes, in a reference thereto,
154	subsection (4) of section 958.03, Florida Statutes, is reenacted
155	to read:
156	958.03  Definitions.--As used in this act:
157	(4)  "Probation" means a form of community supervision
158	requiring specified contacts with parole and probation officers
159	and other terms and conditions as provided in s. 948.03.
160	Section 5.  This act shall take effect July 1, 2004.

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