HB 1247

CS

CHAMBER ACTION

1	The Justice Appropriations Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to sexual offenders; amending ss. 947.1405
7	and 948.30, F.S.; prohibiting a sex offender from having
8	contact with a child younger than 18; providing an
9	exception; providing that the Parole Commission or a court
10	may approve a sex offender having supervised contact with
11	a child younger than 18 under specified conditions;
12	prohibiting a sex offender from accessing or using the
13	Internet or other computer services without an approved
14	safety plan; reenacting s. 775.21(3)(b), F.S., relating to
15	the threat to public safety by sexual predators, to
16	incorporate the amendments made to ss. 947.1405 and
17	948.30, F.S., in references thereto; providing an
18	effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Paragraph (a) of subsection (7) of section
23	947.1405, Florida Statutes, is amended to read:
24	947.1405  Conditional release program.--
25	(7)(a)  Any inmate who is convicted of a crime committed on
26	or after October 1, 1995, or who has been previously convicted
27	of a crime committed on or after October 1, 1995, in violation
28	of chapter 794, s. 800.04, s. 827.071, or s. 847.0145, and is
29	subject to conditional release supervision, shall have, in
30	addition to any other conditions imposed, the following special
31	conditions imposed by the commission:
32	1.  A mandatory curfew from 10 p.m. to 6 a.m. The
33	commission may designate another 8-hour period if the offender's
34	employment precludes the above specified time, and such
35	alternative is recommended by the Department of Corrections. If
36	the commission determines that imposing a curfew would endanger
37	the victim, the commission may consider alternative sanctions.
38	2.  If the victim was under the age of 18, a prohibition on
39	living within 1,000 feet of a school, day care center, park,
40	playground, designated public school bus stop, or other place
41	where children regularly congregate. A releasee who is subject
42	to this subparagraph may not relocate to a residence that is
43	within 1,000 feet of a public school bus stop. Beginning October
44	1, 2004, the commission or the department may not approve a
45	residence that is located within 1,000 feet of a school, day
46	care center, park, playground, designated school bus stop, or
47	other place where children regularly congregate for any releasee
48	who is subject to this subparagraph. On October 1, 2004, the
49	department shall notify each affected school district of the
50	location of the residence of a releasee 30 days prior to release
51	and thereafter, if the releasee relocates to a new residence,
52	shall notify any affected school district of the residence of
53	the releasee within 30 days after relocation. If, on October 1,
54	2004, any public school bus stop is located within 1,000 feet of
55	the existing residence of such releasee, the district school
56	board shall relocate that school bus stop. Beginning October 1,
57	2004, a district school board may not establish or relocate a
58	public school bus stop within 1,000 feet of the residence of a
59	releasee who is subject to this subparagraph. The failure of the
60	district school board to comply with this subparagraph shall not
61	result in a violation of conditional release supervision.
62	3.  Active participation in and successful completion of a
63	sex offender treatment program with qualified practitioners
64	therapists specifically trained to treat sex offenders, at the
65	releasee's own expense. If a qualified practitioner specially
66	trained therapist is not available within a 50-mile radius of
67	the releasee's residence, the offender shall participate in
68	other appropriate therapy.
69	4.  A prohibition on any contact with the victim, directly
70	or indirectly, including through a third person, unless approved
71	by the victim, the qualified practitioner treating the offender
72	offender's therapist, and the sentencing court.
73	5.  If the victim was under the age of 18, a prohibition
74	against direct contact or association with children under the
75	age of 18 except as provided in this subparagraph. The
76	commission may approve supervised contact with a child under the
77	age of 18 if until all of the following conditions are met:
78	a.  A risk assessment has been completed by a qualified
79	practitioner at the offender's sex offender treatment program.
80	b.  Before supervised contact begins, the adult who is
81	legally responsible for the child's welfare collaborates with
82	the qualified practitioner to develop and implement a safety
83	plan that details the acceptable conditions of contact between
84	the offender and the child.
85	c.  Supervised contact with the child is recommended by the
86	qualified practitioner at the offender's sex offender treatment
87	program.
88	d.  The qualified practitioner approves the adult who is
89	legally responsible for the child's welfare and who has agreed
90	to personally supervise the child any time the offender is with
91	the child.
92	e.  The qualified practitioner determines that the
93	supervised contact is in the best interest of the child and does
94	not pose an undue risk to the child.
95	f.  The adult who has been approved by the qualified
96	practitioner understands that he or she must personally
97	supervise the child any time the offender is with the child.
98	a.  Successful completion of a sex offender treatment
99	program.
100	g.b.  The adult person who is legally responsible for the
101	child's welfare of the child has been advised of the nature of
102	the crime.
103	c.  Such adult person is present during all contact or
104	association with the child.
105	d.  Such adult person has been approved by the commission.
106	6.  If the victim was under age 18, a prohibition on
107	working for pay or as a volunteer at any school, day care
108	center, park, playground, or other place where children
109	regularly congregate, as prescribed by the commission.
110	7.  Unless otherwise indicated in the treatment plan
111	provided by the sexual offender treatment program, a prohibition
112	on viewing, accessing, owning, or possessing any obscene,
113	pornographic, or sexually stimulating visual or auditory
114	material, including telephone, electronic media, computer
115	programs, or computer services that are relevant to the
116	offender's deviant behavior pattern.
117	8.  Effective for a releasee whose crime is committed on or
118	after July 1, 2005, a prohibition on accessing the Internet or
119	other computer services until a qualified practitioner at the
120	offender's sex offender treatment program has approved a safety
121	plan for accessing or using the Internet or other computer
122	services.
123	9.8.  A requirement that the releasee must submit two
124	specimens of blood to the Florida Department of Law Enforcement
125	to be registered with the DNA database.
126	10.9.  A requirement that the releasee make restitution to
127	the victim, as determined by the sentencing court or the
128	commission, for all necessary medical and related professional
129	services relating to physical, psychiatric, and psychological
130	care.
131	11.10.  Submission to a warrantless search by the community
132	control or probation officer of the probationer's or community
133	controllee's person, residence, or vehicle.
134
135	As used in this paragraph, the term "qualified practitioner"
136	means a therapist licensed under chapter 490 or chapter 491, or
137	holding equivalent licensure in another state, who is specially
138	trained to evaluate and treat sex offenders.
139	Section 2.  Subsection (1) of section 948.30, Florida
140	Statutes, is amended to read:
141	948.30  Additional terms and conditions of probation or
142	community control for certain sex offenses.--Conditions imposed
143	pursuant to this section do not require oral pronouncement at
144	the time of sentencing and shall be considered standard
145	conditions of probation or community control for offenders
146	specified in this section.
147	(1)  Effective for probationers or community controllees
148	whose crime was committed on or after October 1, 1995, and who
149	are placed under supervision for violation of chapter 794, s.
150	800.04, s. 827.071, or s. 847.0145, the court must impose the
151	following conditions in addition to all other standard and
152	special conditions imposed:
153	(a)  A mandatory curfew from 10 p.m. to 6 a.m. The court
154	may designate another 8-hour period if the offender's employment
155	precludes the above specified time, and the such alternative is
156	recommended by the Department of Corrections. If the court
157	determines that imposing a curfew would endanger the victim, the
158	court may consider alternative sanctions.
159	(b)  If the victim was under the age of 18, a prohibition
160	on living within 1,000 feet of a school, day care center, park,
161	playground, or other place where children regularly congregate,
162	as prescribed by the court. The 1,000-foot distance shall be
163	measured in a straight line from the offender's place of
164	residence to the nearest boundary line of the school, day care
165	center, park, playground, or other place where children
166	congregate. The distance may not be measured by a pedestrian
167	route or automobile route.
168	(c)  Active participation in and successful completion of a
169	sex offender treatment program with qualified practitioners
170	therapists specifically trained to treat sex offenders, at the
171	probationer's or community controllee's own expense. If a
172	qualified practitioner specially trained therapist is not
173	available within a 50-mile radius of the probationer's or
174	community controllee's residence, the offender shall participate
175	in other appropriate therapy.
176	(d)  A prohibition on any contact with the victim, directly
177	or indirectly, including through a third person, unless approved
178	by the victim, the qualified practitioner treating the offender
179	offender's therapist, and the sentencing court.
180	(e)  If the victim was under the age of 18, a prohibition,
181	until successful completion of a sex offender treatment program,
182	on unsupervised contact with a child under the age of 18 except
183	as provided in this paragraph, unless authorized by the
184	sentencing court without another adult present who is
185	responsible for the child's welfare, has been advised of the
186	crime, and is approved by the sentencing court. The court may
187	approve supervised contact with a child under the age of 18 if:
188	1.  A risk assessment has been completed by the qualified
189	practitioner at the offender's sex offender treatment program.
190	2.  Before supervised contact begins, the adult who is
191	legally responsible for the child's welfare collaborates with
192	the qualified practitioner to develop and implement a safety
193	plan that details the acceptable conditions of contact between
194	the offender and the child.
195	3.  Supervised contact with the child is recommended by the
196	qualified practitioner at the offender's sex offender treatment
197	program.
198	4.  The court approves the adult who is legally responsible
199	for the child's welfare and who has agreed to personally
200	supervise the child any time the offender is with the child.
201	5.  The court determines that the supervised contact is in
202	the best interest of the child and does not pose an undue risk
203	to the child.
204	6.  The adult who has been approved by the court
205	understands that he or she must personally supervise the child
206	any time the offender is with the child.
207	7.  The adult who is legally responsible for the child's
208	welfare has been advised of the nature of the crime.
209	(f)  If the victim was under age 18, a prohibition on
210	working for pay or as a volunteer at any school, day care
211	center, park, playground, or other place where children
212	regularly congregate, including, but not limited to, a school,
213	day care center, park, playground, pet store, library, zoo,
214	theme park, and mall.
215	(g)  Unless otherwise indicated in the treatment plan
216	provided by the sexual offender treatment program, a prohibition
217	on viewing, accessing, owning, or possessing any obscene,
218	pornographic, or sexually stimulating visual or auditory
219	material, including telephone, electronic media, computer
220	programs, or computer services that are relevant to the
221	offender's deviant behavior pattern.
222	(h)  Effective for probationers and community controllees
223	whose crime is committed on or after July 1, 2005, a prohibition
224	on accessing the Internet or other computer services until a
225	qualified practitioner at the offender's sex offender treatment
226	program has approved a safety plan for accessing or using the
227	Internet or other computer services.
228	(i)(h)  A requirement that the probationer or community
229	controllee must submit a specimen of blood or other approved
230	biological specimen to the Department of Law Enforcement to be
231	registered with the DNA data bank.
232	(j)(i)  A requirement that the probationer or community
233	controllee make restitution to the victim, as ordered by the
234	court under s. 775.089, for all necessary medical and related
235	professional services relating to physical, psychiatric, and
236	psychological care.
237	(k)(j)  Submission to a warrantless search by the community
238	control or probation officer of the probationer's or community
239	controllee's person, residence, or vehicle.
240
241	As used in this subsection, the term "qualified practitioner"
242	means a therapist licensed under chapter 490 or chapter 491, or
243	holding equivalent licensure in another state, who is specially
244	trained to evaluate and treat sex offenders.
245	Section 3.  For the purpose of incorporating the amendments
246	made to sections 947.1405 and 948.30, Florida Statutes, in
247	references thereto, paragraph (b) of subsection (3) of section
248	775.21, Florida Statutes, is reenacted to read:
249	775.21  The Florida Sexual Predators Act.--
250	(3)  LEGISLATIVE FINDINGS AND PURPOSE; LEGISLATIVE
251	INTENT.--
252	(b)  The high level of threat that a sexual predator
253	presents to the public safety, and the long-term effects
254	suffered by victims of sex offenses, provide the state with
255	sufficient justification to implement a strategy that includes:
256	1.  Incarcerating sexual predators and maintaining adequate
257	facilities to ensure that decisions to release sexual predators
258	into the community are not made on the basis of inadequate
259	space.
260	2.  Providing for specialized supervision of sexual
261	predators who are in the community by specially trained
262	probation officers with low caseloads, as described in ss.
263	947.1405(7) and 948.30. The sexual predator is subject to
264	specified terms and conditions implemented at sentencing or at
265	the time of release from incarceration, with a requirement that
266	those who are financially able must pay all or part of the costs
267	of supervision.
268	3.  Requiring the registration of sexual predators, with a
269	requirement that complete and accurate information be maintained
270	and accessible for use by law enforcement authorities,
271	communities, and the public.
272	4.  Providing for community and public notification
273	concerning the presence of sexual predators.
274	5.  Prohibiting sexual predators from working with
275	children, either for compensation or as a volunteer.
276	Section 4.  This act shall take effect July 1, 2005.

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