Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. SB 134
Ì670212iÎ670212
LEGISLATIVE ACTION
Senate . House
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The Committee on Criminal Justice (Gibson) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 921.2312, Florida Statutes, is created
6 to read:
7 921.2312 Risk assessment reports.—If a defendant in a
8 criminal case has been found guilty of or has entered a plea of
9 nolo contendere or guilty to an offense specified in s.
10 943.0435(1)(a)1.a.(I) which was committed on or after October 1,
11 2015, a circuit court shall refer the case to a qualified
12 practitioner as defined in s. 948.001. The qualified
13 practitioner shall assess the defendant considering the factors
14 specified in s. 948.30(1)(e)1.a.-i. and submit a written report
15 to the circuit court at a time specified by the court before
16 sentencing. The report must include the qualified practitioner’s
17 opinion, and the basis for that opinion, as to the defendant’s
18 risk of committing another sexual offense.
19 Section 2. Subsection (6) is added to section 948.30,
20 Florida Statutes, to read:
21 948.30 Additional terms and conditions of probation or
22 community control for certain sex offenses.—Conditions imposed
23 pursuant to this section do not require oral pronouncement at
24 the time of sentencing and shall be considered standard
25 conditions of probation or community control for offenders
26 specified in this section.
27 (6) Effective for a probationer or community controllee
28 whose crime was committed on or after October 1, 2015, and who:
29 (a) Was 18 years of age or older at the time of the offense
30 and is placed on probation or community control for a violation
31 of chapter 794, s. 800.04(4), s. 800.04(5), s. 800.04(6), s.
32 827.071, or s. 847.0145 relating to unlawful sexual activity
33 involving a victim 15 years of age or younger;
34 (b) Is required to register as a sexual predator under s.
35 775.21;
36 (c) Is required to register as a sexual offender under s.
37 943.0435, s. 944.606, or s. 944.607; or
38 (d) Was 18 years of age or older at the time of the offense
39 and has previously been convicted of a violation of chapter 794,
40 s. 800.04(4), s. 800.04(5), s. 800.04(6), s. 827.071, or s.
41 847.0145 relating to unlawful sexual activity involving a victim
42 15 years of age or younger and the offender,
43
44 the court shall order, in addition to any other provision of
45 this section, a mandatory curfew from 7 p.m. to 7 a.m. as a
46 condition of the probation or community control supervision. The
47 court may designate alternate hours upon the recommendation of
48 the Department of Corrections if the offender’s employment or
49 public service precludes the specified hours. The court may also
50 limit the offender’s activities by requiring the offender to be
51 at home if he or she is not working, performing public service,
52 or receiving treatment. If the court determines that imposing a
53 curfew would endanger the victim, the court may consider
54 alternative sanctions.
55 Section 3. Lifetime electronic monitoring program study.—
56 (1) The Department of Law Enforcement shall implement a
57 study to determine the feasibility of a lifetime electronic
58 monitoring program, which would implement a system of monitoring
59 sex offenders who are released from prison, probation, community
60 control, or conditional release and who are sentenced by the
61 court to lifetime electronic monitoring. The study should
62 include, but need not be limited to, feasibility and benefit of:
63 (a) Electronic tracking of the movement and location of
64 each sex offender sentenced to lifetime electronic monitoring
65 from the time that he or she is released from prison, probation,
66 community control, or conditional release for the remainder of
67 his or her natural life.
68 (b) The use of an electronic system that actively monitors
69 and identifies a sex offender’s location and movement, and
70 timely reports and records his or her presence near or at a
71 crime scene or in a prohibited area, or his or her departure
72 from specified geographic limitations. Such recorded information
73 would be available upon request to a court or a law enforcement
74 agency.
75 (2) By January 1, 2016, the department shall submit a
76 report to the President of the Senate and the Speaker of the
77 House of Representatives detailing the findings of the study.
78 Section 4. This act shall take effect October 1, 2015.
79 ================= T I T L E A M E N D M E N T ================
80 And the title is amended as follows:
81 Delete everything before the enacting clause
82 and insert:
83 A bill to be entitled
84 An act relating to sexual offenders; creating s.
85 921.2312, F.S.; requiring that a circuit court refer
86 certain cases to a qualified practitioner for a risk
87 assessment before sentencing for a defendant who has
88 been found guilty of or has entered a plea of nolo
89 contendere or guilty to specified sexual offenses;
90 specifying factors that may be used by the qualified
91 practitioner in making the risk assessment; amending
92 s. 948.30, F.S.; requiring the court to order a curfew
93 as a condition of probation or community control for
94 offenders who commit certain sexual offenses on or
95 after a specified date; authorizing alternate
96 sanctions in certain circumstances creating the
97 lifetime electronic monitoring program study;
98 requiring the Department of Law Enforcement to
99 implement the study; providing parameters for the
100 study; requiring the department to submit a report to
101 the Legislature by a certain date; providing an
102 effective date.