Florida Senate - 2015 SB 336 By Senator Gibson 9-00184A-15 2015336__ 1 A bill to be entitled 2 An act relating to sexual predators and offenders; 3 creating s. 921.2312, F.S.; requiring a circuit court 4 of the state to have a qualified practitioner conduct 5 a risk assessment before sentencing for a defendant 6 who has been found guilty of or has entered a plea of 7 nolo contendere or guilty to specified sexual 8 offenses; specifying reporting requirements for the 9 risk assessment; amending s. 948.30, F.S.; requiring 10 the court to order a curfew as a condition of 11 probation or community control for offenders who 12 commit certain sexual offenses on or after a specified 13 date; amending s. 948.31, F.S.; requiring, rather than 14 authorizing, the court to require specified 15 probationers or community controllees to undergo an 16 evaluation at the probationers’ or community 17 controllees’ expense; requiring the court, rather than 18 the qualified practitioner, to determine if a need is 19 established by the evaluation process and to require 20 the probationers or community controllees to complete 21 and pay for the treatment under certain circumstances; 22 providing an effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. Section 921.2312, Florida Statutes, is created 27 to read: 28 921.2312 Risk assessment reports.—If a defendant in a 29 criminal case has been found guilty of or has entered a plea of 30 nolo contendere or guilty to an offense listed in s. 31 943.0435(1)(a)1.a.(I) which was committed on or after October 1, 32 2015, a circuit court of the state shall refer the case to a 33 qualified practitioner as defined in s. 948.001. The qualified 34 practitioner shall assess the defendant by considering the 35 components specified in s. 948.30(1)(e)1.a.-i. and submit a 36 written report to the circuit court at a time specified by the 37 court, before sentencing. The report must include the qualified 38 practitioner’s opinion, along with the basis for that opinion, 39 as to the defendant’s risk of committing another sexual offense. 40 Section 2. Subsection (6) is added to section 948.30, 41 Florida Statutes, to read: 42 948.30 Additional terms and conditions of probation or 43 community control for certain sex offenses.—Conditions imposed 44 pursuant to this section do not require oral pronouncement at 45 the time of sentencing and shall be considered standard 46 conditions of probation or community control for offenders 47 specified in this section. 48 (6) Effective for a probationer or community controllee 49 whose crime was committed on or after October 1, 2015, and who: 50 (a) Is placed on probation or community control for a 51 violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071, 52 or s. 847.0145 relating to unlawful sexual activity involving a 53 victim 15 years of age or younger and the offender was 18 years 54 of age or older at the time of the offense; 55 (b) Is required to register as a sexual predator under s. 56 775.21; 57 (c) Is required to register as a sexual offender under s. 58 943.0435, s. 944.606, or s. 944.607; or 59 (d) Has previously been convicted of a violation of chapter 60 794, s. 800.04(4), (5), or (6), s. 827.071, or s. 847.0145 61 relating to unlawful sexual activity involving a victim 15 years 62 of age or younger and the offender was 18 years of age or older 63 at the time of the offense, 64 65 the court must order, in addition to any other provision of this 66 section, a mandatory curfew from 7 p.m. to 7 a.m. as a condition 67 of the probation or community control supervision. The court may 68 designate alternate hours if the offender’s employment or public 69 service precludes this specified time and the alternative is 70 recommended by the Department of Corrections. The court may also 71 limit the offender’s whereabouts by requiring the offender to be 72 at home if the offender is not working, performing public 73 service, or receiving treatment. If the court determines that 74 imposing a curfew would endanger the victim, the court may 75 consider alternative sanctions. 76 Section 3. Section 948.31, Florida Statutes, is amended to 77 read: 78 948.31 Evaluation and treatment of sexual predators and 79 offenders on probation or community control.—The court shall
may80 require any probationer or community controllee who is required 81 to register as a sexual predator under s. 775.21 or sexual 82 offender under s. 943.0435, s. 944.606, or s. 944.607 to undergo 83 an evaluation, at the probationer or community controllee’s 84 expense, by a qualified practitioner to determine whether such 85 probationer or community controllee needs sexual offender 86 treatment. If the court qualified practitionerdetermines that a 87 need is established by the evaluation process, the court shall 88 require sexual offender treatment is needed and recommends89 treatment,the probationer or community controllee to must90 successfully complete and pay for the treatment. Such treatment 91 must be obtained from a qualified practitioner as defined in s. 92 948.001. Treatment may not be administered by a qualified 93 practitioner who has been convicted or adjudicated delinquent of 94 committing, or attempting, soliciting, or conspiring to commit, 95 any offense that is listed in s. 943.0435(1)(a)1.a.(I). 96 Section 4. This act shall take effect July 1, 2015.