Standard Conditions of Sex Offender Probation

The standard conditions of sex offender probation are crazy.  Now, if you're put on probation for murder, manslaughter, or terrorism, your probationary conditions will not be as strict as someone placed on probation for viewing child pornography on their home computer.  

In Orange County, these conditions are so extensive that they have defendants sign a three page document listing all of the "extra" conditions a sex offender probationer is agreeing to (so the conditions listed below will look extremely familiar to Orange County practitioners).  These probation or community control conditions can be found in Chapter 794, 800.4, 827.071, 847.0135(5), or 847.0145 of the Florida Statutes.  And, these conditions only apply to offenses committed after October 1, 1995.

A PROBATIONER IS SUBJECT TO ALL THE STANDARD CONDITIONS OF PROBATION AND, IF PLACED ON PROBATION OR COMMUNITY CONTROL FOR SEX OFFENSE PROVIDED IN CHAPTER 794, S. 800.04, S. 827.071, S. 847.0135(5), OR S. 847.0145, COMMITTED ON OR AFTER OCTOBER 1, 1995, YOU WILL COMPLY WITH THE FOLLOWING STANDARD SEX OFFENDER CONDITIONS, IN ADDITION TO THE STANDARD CONDITIONS LISTED ABOVE AND ANY OTHER SPECIAL CONDITIONS ORDERED BY THE COURT:

(15)      A mandatory curfew from 10:00 p.m. to 6 a.m. The court may designate another 8-hour period if the offender’s employment precludes the specified time, and the alternative is recommended by the Department of Corrections. If the court determines that imposing a curfew would endanger the victim, the court may consider alternative sanctions.

(16)      If the victim was under the age of 18, a prohibition on living within 1,000 feet of a school, child care facility, park, playground, or other place where children regularly congregate, as prescribed by the court. The 1,000-foot distance shall be measured in a straight line from the offender’s place of residence to the nearest boundary line of the school, child care facility, park, playground or other place where children congregate. The distance may not be measured by a pedestrian route or automobile route.

(17)      Active participation in and successful completion of a sex offender treatment program with qualified practitioners specially trained to treat sex offenders, at the offender’s own expense. If a qualified practitioner is not available within 50-mile radius of the offender’s residence, the offender shall participate in other appropriate therapy.

(18)      A prohibition on any contact with the victim, directly or indirectly, including through a third person, unless approved by the victim, a qualified practitioner in the sexual offender treatment program, and the sentencing court.

(19)      If the victim was under the age of 18, a prohibition on contact with a child under the age of 18 except a provided in this paragraph. The court may approve supervised contact with a child under the age of 18 if the approval is based upon a recommendation for contact issued by a qualified practitioner who is basing the recommendation on a risk assessment. Further, the sex offender must be currently enrolled in or have successfully completed a sex offender therapy program. The court may not grant supervised contact with a child if the contact is not recommended by qualified practitioner and may deny supervised contact with a child at any time.

(20)      If the victim under age 18, a prohibition on working for pay or as a volunteer at any place where children regularly congregate, including, but not limited to any limited to any school, child care facilities, park, playground, pet store, library, zoo, theme park or mall.

(21)      Unless otherwise indicated in the treatment plan provided by a qualified practitioner in the sexual offender treatment program, a prohibition on viewing, accessing, owning, or possessing any obscene, pornographic, sexually stimulating visual or auditory material, including telephone electronic media, computer programs or computer services that are relevant to the offender’s deviant behavior pattern.

(22)      A requirement that the offender submit a DNA sample to the Florida Department of Law Enforcement to be registered with the DNA data bank.

(23)      A requirement that the offender make restitution to the victim, as ordered by the court under s. 775.089, for all necessary medical and related professional services relating to physical, psychiatric, and psychological care.

(24)      Submission to a warrantless search by the community control or probation officer of the offender’s person, residence, or vehicle.

EFFECTIVE FOR PROBATIONER OR COMMUNITY CONTROLEE WHOSE CRIME WAS COMMITTED ON OR AFTER OCTOBER 1, 1997, AND WHO IS PLACED ON COMMUNITY CONTROL OR SEX OFFENDER PROBATION FOR A VIOLATION OF CHAPTER 794, S. 800.04, S. 827.071, S. 847.0135(5) OR 847.0145. IN ADDITION TO ANY OTHER PROVISION OF THIS SECTION, YOU MUST COMPLY WITH THE FOLLOWING CONDITIONS OF SUPERVISION:

(25)      As part of a treatment program, participation at least annually in polygraph examinations to obtain information necessary risk management and treatment and to reduce the sex offender’s denial mechanisms. A polygraph examination must be conducted by a polygrapher who a member of a national or state polygraph association and who is certified as a postconviction sex offender polygrapher, where available, and at the expense of the offender.

(26)      Maintenance of a driving log and a prohibition against driving a motor vehicle alone without the prior approval of the supervising officer.

(27)      A prohibition against obtaining or using a post office box without the prior approval of the supervising officer.

(28)      If there was a sexual contact, a submission to, at the offender’s expense, an HIV test with the results to be released to the victim and/or the victim’s parent or guardian.

(29)      Electronic monitoring when deemed necessary by the probation officer and supervisor and ordered by the court at the recommendation of the Department of Corrections. If you are placed on electronic monitoring, you must pay the department for the cost of the electronic monitoring service.

(30)      Effective for an offender whose crime was committed on or after July 1, 2005, and who are placed on supervision for violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, a probation on accessing the internet or other computer services until a qualified practitioner in the offender’s sex offender treatment program, after a risk assessment is completed, approves and implements a safety plan for the offender’s accessing or using the internet or other computer services.

(31)      Effective for offenders whose crime was committed on or after September 1, 2005, there is hereby imposed, in addition to any other provision in this section, mandatory electronic monitoring as a condition of supervision for those who:

·       Are placed on supervision for a violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s. 847.0145 and the unlawful sexual activity involved a victim 15 years of age or younger and the offender is 18 years of age or older; or

·       Are designated as a sexual predator pursuant to s. 775.21; or

·       Has previously been convicted of a violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071, s. 847.0145 and the unlawful sexual activity involved a victim 15 years of age or younger and the offender is 18 years of age or older.

(25)      As part of a treatment program, participation at least annually in polygraph examinations to obtain information necessary for risk management and treatment and to reduce the sex offender’s denial mechanisms. A polygraph examination must be conducted by a polygrapher who is a member of a national or state polygraph association and who is certified as a postconviction sex offender polygrapher, where available and at the expense of the offender.

(26)      Maintenance of a driving log and a prohibition against driving a motor vehicle alone without the prior approval of the supervising officer.

(27)      A prohibition against obtaining or using a post office box without the prior approval of the supervising officer.

(28)      If there was sexual contact, a submission to, at the offender’s expense, an HIV test with the results to be released to the victim and/or the victim’s parent or guardian.

(29)      Electronic monitoring when deemed necessary by the probation officer and supervisor and ordered by the court at the recommendation of the Department of Corrections. If you are placed on electronic monitoring, you must pay the department for the cost of the electronic monitoring service.

(30)      Effective for an offender whose crime was committed on or after July 1, 2005, and who are placed on supervision for violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, a prohibition on accessing the internet or other computer services until a qualified practitioner in the offender’s sex offender treatment program, after a risk assessment is completed, approves and implements a safety for the offender’s accessing or using the internet or other computer services.

(31)      Effective for offenders whose crime was committed on or after September 1, 2005, there is hereby imposed, in addition to any other provision in this section, mandatory electronic monitoring as a condition of supervision for those who:

·       Are placed on supervision for a violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s. 847.0145 and the unlawful sexual activity involved a victim 15 years of age or younger and the offender is 18 years of age or older; or

·       Are designated as a sexual predator pursuant to s. 775.21; or

·       Has previously been convicted of a violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s. 847.0145 and the unlawful sexual activity involved a victim 15 years of age or younger and the offender is 18 years of age or older.

            You are hereby placed on notice that should you violate your probation or community control, and the conditions set forth in s. 948.063(1) or (2) are satisfied, whether your probation or community control is revoked or not revoked, you shall be placed on electronic monitoring in accordance with F.S. 948.063.

(32)      Effective for offenders who are subject to supervision for a crime that was committed on or after May 26, 2010, and who has been convicted at any time of committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses listed in s. 943.0435(1)(a)1.a.(l), or a similar offense in another jurisdiction, against a victim who was under the age of 18 at the time of the offense; the following conditions are imposed in addition to all other conditions: 

1.     A prohibition on visiting schools, child care facilities, parks, and playgrounds without prior approval from the offender’s supervising officer. The court may also designate additional locations to protect a victim. The prohibition ordered under this paragraph does not prohibit the offender from visiting a school, child care facility, park or playground for the sole purpose of attending a religious service as defined in s. 775.0861 or picking up or dropping off the offender’s children or grandchildren at a child care facility or school.

2.     A prohibition on distributing candy or other items to children on Halloween; wearing a Santa Claus costume, or other costume to appeal to children, on a preceding Christmas’ wearing an Easter Bunny costume, or other costume to appeal to children on or preceding Easter; entertaining at children’s parties or wearing a clown costume without prior approval from the court.

(33)      Effective for offenders whose crime was committed on or after October 1, 2014, and who is placed on probation or community control for a violation of chapter 794, s. 800.01, s. 827.071, s. 847.0135(5), or s. 847.0145, in addition to all other conditions imposed is prohibited from viewing, accessing, owning, or possessing any obscene, pornographic, sexually stimulating visual or auditory material unless otherwise treatment program. Visual or auditory material includes, but is not limited to, telephone, electronic media, computer programs and computer services.

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