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Sex Offender Probation in Florida

For men charged with sexually violent offenses, the prosecutor might make an offer that involves no prison time, but that does involve a certain number of years on sex offender probation. Most people on sex offender probation violate that probation. Any violation of probation can result in the court sentencing the individual to any amount of time in Florida State Prison up to the statutory maximum.

Many sexually motivated crimes can to lengthy prison sentences followed by long terms of probation. The most serious sex crimes under Florida law include sexual battery and lewd and lascivious molestation or charges for the possession of child pornography. This article discusses the typical terms imposed on sex offender probation including the standard conditions that are part of the supervision in Tampa, Hillsborough County, FL.

Designation as Sexual Offender

That the defendant shall be deemed a Sexual Offender and shall fulfill all requirements of s. 943.0435, Florida Statutes.

Reporting to Probation Officer Requirement

That the defendant shall report as required by s. 943.0435(2), Florida Statutes, within 48 hours of release from incarceration/sentencing.

Designation as a "Sexually Violent Offense"

This offense is a “sexually violent offense” under Sections 394.910 – 394.931, Florida Statutes, regarding Involuntary Civil Commitment of Sexually Violent Predators.  The defendant will be considered for involuntary civil commitment as a sexually violent predator before release from any Florida State Prison sentence he serves. 

The defendant understands and agrees that the State may pursue any legal action against the defendant for involuntary civil commitment as a sexually violent predator at the discretion of the State and in accordance with governing Florida law. 

This plea agreement does not prohibit, restrict or otherwise limit the ability of the State to seek an involuntary civil commitment against the defendant.

Curfew

That the defendant shall abide by a mandatory curfew 10 p.m. to 6 a.m. [F.S. 948. 30(1)(a)].

Living Location

That the defendant shall not live within 1,000 feet of a school, day care center, park, playground, or other place where children regularly congregate, as prescribed by the court.  [F.S. 948. 30(1)(b)].

Sex Offender Treatment Program

That within thirty (30) days after release from incarceration/sentencing the defendant shall enroll in and thereafter remain continuously enrolled in an outpatient sex offender treatment program at his expense. 

The defendant shall actively participate in the treatment program until discharged by the therapist as having successfully completed the treatment program.  [F.S. 948. 30(1)(c)]. 

The defendant shall complete the outpatient sex offender treatment program within 4 years of release from incarceration/sentencing, unless additional time to complete the treatment program is recommended by the therapist and approved by the court.

No Contact with the Victim

That he shall not have any contact with the victim, directly or indirectly, including through a third person, for the duration of the sentence imposed.  The sentencing court may allow contact only upon a request by the victim made at any time after the victim has attained 18 years of age, and only if contact with the victim is approved by the defendant’s therapist. 

The defendant shall not be allowed contact unless the sentencing court conducts an evidentiary hearing and determines that a change in circumstances has occurred which warrants a change in the court order prohibiting contact with the victim, and the court determines that contact is in the best interest of the victim.  [F.S. 948.30(1)(d) and F.S. 921.244].

No Contact with Children

That he shall have no contact with a child under the age of 18.  The sentencing 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.  [F.S. 948. 30(1)(e)]

No Working with Children

That he shall not work for pay or as a volunteer at any school, day care center, park, playground, pet store, library, zoo or other place where children regularly congregate. [F.S. 948. 30(1)(f)].

No Pornography

That he shall not view, own or posses any obscene, pornographic, or sexually stimulating visual or auditory material, including telephone, electronic media, computer programs, or computer services that are relevant to the defendant’s deviant behavior pattern. [F.S. 948. 30(1)(g)].

No Assess to the Internet

That he shall not access the Internet or other computer service until the sex offender treatment program completes a risk assessment and approves and implements a safety plan for the offender’s accessing or using the Internet or other computer service.  [F.S. 948.30(h)].

Provide DNA Sample

That he shall provide a specimen of blood or other approved biological specimen to the Florida Department of Law Enforcement to be registered with the DNA data bank.  [F.S. 943.325/948. 30(1)(i)].

Restitution for Psychological Counseling

That he shall make restitution to the victim for all necessary medical and related professional services relating to physical, psychiatric, and psychological care. [F.S. 948. 30(1)(j)].

Warrentless Searches

That he shall submit to warrantless searches by the community control or probation officer of the defendant’s person, residence, or vehicle. [F.S. 948. 30(1)(k)].

Submit to Polygraph Examinations

That as part of his treatment program, he shall participate at least annually in polygraph examinations to obtain information necessary for risk management and treatment and to reduce the defendant’s denial mechanisms.  All polygraph examinations must be conducted by a polygrapher trained specifically in the use of the polygraph for the monitoring of sex offenders, and shall be paid by the defendant.  The results of the polygraph examination shall not be used as evidence in court to prove that a violation of community supervision has occurred. [F.S. 948. 30(2)(a)].

Driving Log and Travel Restrictions

That he shall maintain a driving log and shall not operate a motor vehicle alone without the prior approval of the community control or probation officer. [F.S. 948. 30(2)(b)].

No Post Office Box

That he shall not obtain or use a post office box without the prior approval of the community control or probation officer. [F.S. 948. 30(2)(c)].

Submit for HIV Testing

That he shall submit to an HIV test at his expense.  The results are to be released to the victim and/or the victim’s parent or guardian. [F.S. 948. 30(2)(d)].

Submit to Mandatory Electronic Monitoring

That he shall be subject to mandatory electronic monitoring pursuant to Section 948.30(3) Florida Statutes.

Pay Court Costs, Fines and other Expenses

That he shall pay costs in an amount to be set by the Court. That he shall pay an additional court cost of $151.00 pursuant to F.S. 938.10, for crimes against minors. (victim a minor and violation of 784.085, 787, 794, 796.03, 800.04, 827, 847.0145, 985.4045). That he shall pay costs of prosecution in the amount of $150.

Submit to Psychological or Mental Health Assessment

That within thirty (30) days after release from incarceration/sentencing, he shall submit to a Psychological/Mental Health Assessment and shall follow through with any treatment recommended by the evaluator, at his expense.  He shall complete any recommended treatment within three (3) years of release from incarceration/sentencing.

Submit to Random Drug Testing

That he shall present himself for random testing for the presence of drugs at the request of the community control or probation officer.

Perform Community Service

That he shall perform 100 hours of community service to be completed within the first five (5) years of supervision at the minimum rate of eight (8) hours per month.

For more information on defending individuals charged with sex crimes contact an experienced criminal defense attorney at the Sammis Law Firm.