Contact Us Now What is Florida sex offender probation? Tampa sex crimes lawyers are often asked about the specifics of Florida sex offender probation since it is so specific and intense.
As I have told countless defendants, it is generally easier to defend someone accused of murder or another violent crime than a sex offense. Obviously sex offender probation is only utilized in cases involving some sort of sex based offense. First and foremost, sex offender probation is arguably the most difficult probation for a probationer to complete. Secondly, Florida Statute Section Unfortunately, the most efficient way to review the specifics of the sex offender probation statute is to simply review it.
Specifically, the Statute states: If the court determines that imposing a curfew would endanger the victim, the court may consider alternative sanctions. The distance may not be measured by a pedestrian route or automobile route. A probationer or community controllee who is subject to this paragraph may not be forced to relocate and does not violate his or her probation or community control if he or she is living in a residence that meets the requirements of this paragraph and a school, child care facility, park, playground, or other place where children regularly congregate is subsequently established within 1, feet of his or her residence.
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 a qualified practitioner and may deny supervised contact with a child at any time. When considering whether to approve supervised contact with a child, the court must review and consider the following: A risk assessment completed by a qualified practitioner.
The qualified practitioner must prepare a written report that must include the findings of the assessment and address each of the following components: The results of current psychological testing of the sex offender if determined necessary by the qualified practitioner; j.
A description of the proposed contact, including the location, frequency, duration, and supervisory arrangement; k. The written report of the assessment must be given to the court; 2. A recommendation made as a part of the risk assessment report as to whether supervised contact with the child should be approved; 3.
The court may not approve contact with the child if the parent or legal guardian refuses to give written consent for supervised contact; 4.
The safety plan must be reviewed and approved by the court; and 5. The court may not appoint a person to conduct a risk assessment and may not accept a risk assessment from a person who has not demonstrated to the court that he or she has met the requirements of a qualified practitioner as defined in this section. 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 shall be paid for by the probationer or community controllee.
I , or a similar offense in another jurisdiction, against a victim who was under the age of 18 at the time of the offense; if the offender has not received a pardon for any felony or similar law of another jurisdiction necessary for the operation of this subsection, if a conviction of a felony or similar law of another jurisdiction necessary for the operation of this subsection has not been set aside in any postconviction proceeding, or if the offender has not been removed from the requirement to register as a sexual offender or sexual predator pursuant to s.
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.
It is worth noting that the Judge can in some situations essentially override the recommendation of the practitioner with their own judgment. Obviously, this is most often going to result in a serious detriment to the defendant since very few judges are going to recommend lower safeguards for an accused sex offender than the qualified practitioner believes is necessary.
We have experience with considering and analyzing these risk assessments which have a major impact on the potential probationary terms of those accused of sex-based offenses. This experience is necessary as it permits us to effectively argue and present your case to the Court.
In closing, it is worth noting Hillsborough County has established a division solely for sex-based offense before Judge Tharpe. All cases in anyway related to sex-based offenses are directly routed to this division by the Clerk of Court. These cases are handled by specialized, aggressive Assistant State Attorneys in the division. Given the severity and seriousness of these offenses, they require aggressive, focused Tampa sex crime lawyers.
If you or someone you know has questions concerning sex-based offenses or sex offender probation, contact the Tampa sex crime lawyers of Hackworth Law for a free case consultation.
We appreciate your time in reviewing our Tampa criminal defense blog. We apologize for the length of the Statute, but it is the most effective means of conveying the unique conditions of sex offender probation. If you have any questions, please do not hesitate our office.