10 Requirements for Sex Offenders Who Are on Probation
Many people agree to go on probation for sex offenses without knowing how strict the conditions of probation are for sex offenders in Florida. In many cases, it is only when they go to the probation office for their first meeting that sex offenders are told about the special conditions of probation that apply to them. By then, however, it is too late for the probationer to change his mind about agreeing to go on probation in the first place. Therefore, it is essential that anyone faced with the possibility of being placed on sex offender probation understand the conditions of his probation that he or she will be expected to comply before agreeing to go on probation. Florida statute section 948.30 lists the requirements for people who are placed on sex offender probation. Ten of those requirements are:
1. A mandatory curfew from 10 p.m. to 6 a.m.
2. If the victim of the sex crime was under the age of 18 when the crime occurred, the probationer may not live within 1,000 feet of a school, day care center, park, playground, or other place where children regularly congregate.
3. The probationer must actively participate in and successfully complete a sex offender treatment program with qualified practitioners specifically trained to treat sex offenders at the probationer's own expense.
4. The probationer may not contact the victim of his crime either directly or indirectly unless such contact is approved by the victim, the probationer's therapist, and the sentencing judge.
5. If the victim of the crime was under the age of 18 when the crime occurred, the probationer may not have any contact with a person under the age of 18 unless certain exceptions apply.
6. If the victim of the crime was under age 18 when the crime occurred, a probationer may not work for pay or as a volunteer at any place where children regularly congregate including schools, day care centers, parks, playgrounds, pet stores, libraries, zoos, theme parks, and malls.
7. A probationer may not view, access, own, or possess any obscene, pornographic, or sexually stimulating visual or auditory material, including telephone, electronic media, computer programs, or computer services.
8. At least once per year, a probationer must take a polygraph examination.
9. A probationer must keep a driving log, and he is prohibited from driving a motor vehicle alone without obtaining the prior approval of his probation officer.
10. A probationer may not obtain or use a post office box without getting the prior approval of his probation officer.
These are just some of the requirements for sex offenders who are placed on probation in Florida. Anyone faced with the prospect of going on sex offender probation should thoroughly familiarize himself with all of the requirements contained in Florida statute section 948.30.
948.30 (1)(b) residency restriction of 1000 feet from schools, parks,etc is effective for offenses on or after 1995.
794.065 (2) states that residency restrictons 1000 feet from schools, parks, etc is effctive on or after 2004.
my offense was comitted in 2000.
Does 794.065 supercede 948.30.
Please explain why. thanks much....
Attorney Chapman's response:
Section 794.065 does not supersede section 948.30 because 794.065 pertains to criminal offenses, whereas 948.30 pertains to conditions of probation for certain sex offenses.
I THINK THAT IF A PERSON UNDER THE AFLUENCES OF DRUGS HAS CAMITED THIS CRIME, AND HAS TURNED HIS SELF IN UNAWARE OF THE LAWS OF A SEX OFFINDER, AND HAS NOT DONE THIS CRIME REPATEDLY SOULD BE ABLE TO HAVE A SECOND CHANCE IN LIFE.
Well, I am having a hard time understanding this. I am on Sex Offender Probation. I dont have a curfew at all. I do have GPS, but I can use my computer for work and school use. I dont have any limitation as to where I can live. I live right across from a High School. I can not leave the county and I have to go to treatment every week. I dont understand. I was arrested back in 2008 and from Jan 2008 till Oct 2009, I did not have to register. Please help me understand whats going on and why is my case so different than others that have so many guide lines.
Attorney Chapman's response:
I don't know why your probation officer is not enforcing the rules pertaining to sex-offender probation. You can ask your probation officer, but that may simply alert him to the fact that he needs to start enforcing the rules.
Has the court ever granted variances to the "1000 feet from a day care center" provision of 948.30(1)(b) F.S.?
My stepson is due to be released in a few months. I recently relocated to my present residence after checking for schools, parks, etc., but a day care center with no listed and no published address at the DCF site, located across a creek and 1.3 driving miles distant via the closest bridge across the creek, is within the 1000' (895') straight line and FDOC Probation & Parole has advised he cannot live at the residence I purchased only 2 months ago.
Attorney Chapman's response:
A court does not have the authority to grant a variance. Only the State Legislature can do that.
I have a family member that is nearing the halfway mark of his five year probation stemming from a charge of lewd and lascivious molestation in 2006.He is hoping to apply for early termination, and has satisfied all of the requirements except for paying the supervision costs, as he is indigent and struggling to make ends meet. Do the courts generally deny early termination based solely on the inability to pay costs?
Attorney Chapman's response:
Some judges will deny early termination but not usually because of an inability to pay costs. It is more likely that a judge will deny a motion for early termination if the probation officer and prosecutor are objecting and there was no provision in the original plea agreement allowing the probationer to terminate early.
Updated post (pls post this one)
Are there special rules regarding acts against a minor under 12, all of the date requirements are confusing as well. The offense was committed in 2002, I am the victim's mother and WAS unfortunately married to the offender (her stepfather but he adopted her), many of the statues state that if they were parent or guardian, I am confused on what type of protection the victim receives. Are there requirements on whether he can leave the state he is in? I don't live in FL anymore and am the parent of his two minor children (no visitation is granted in divorce)what are his limitations and what can I do to protect my children when he gets out later this year (10 years in prison/15 years probation)?
Attorney Chapman's response:
If you ex-husband will be on probation in Florida, then he will have to get permission from his probation officer to transfer his probation to another state.
ok question my son was convicted of sexual battery he is getting out of prison he was labled a sexual prediter,even though the girl was the same age as him,but they said there was a firearm involved.he has 5 years probation to do can you please let me know what all his probation conditions will be on sexual offender probation?She was under 18 but so was he? also can his probation add more conditions to his probation other than what the law requires?And when hes off probation do all these conditions still apply?
Attorney Chapman's response:
1. Look at the following site to see what some of your son's probation conditions will be while he is on sex-offender probation:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0900-0999/0948/Sections/0948.30.html
2. Adding conditions not authorized by law is not permitted.
3. The sex-offender probation conditions will no longer be in effect once your son is off probation. However, sex-offender registration requirements last his entire life.
I have a question..I am currently on Community Control for 2 years, Sex Offender Probation for 3. I have been told that I have to wear the GPS monitor for the duration of my probation. My probation officer, counselor, and lawyer are all trying to get it off after CC....Is that a possibility? My case was statutory and there were special circumstances (but Im sure you hear that all the time). I really do not want to have to wear this for 5 years..it seems insane!
Attorney Chapman's response:
If the relevant statute states that you must wear a GPS monitor for the entire term of probation, then a judge has no discretion to remove that requirement. However, I have seen judges do just that if no one is objecting. If that is your situation, then certainly try to get that condition removed once you are off community control.
Iv done 11 years of Sex offender probation and have 3 yrs left. Im not from FL but the offense occured here. I just want to return to Texas off probation. Can I get help with early release? The judge waved all my payments so Im being supervised for free, i pay nothing and have the addition of a GPS monitor. My sentance was six months in jail and 14 yrs six months of probation, i was sentenced in 1999. I just want to go home so bad. They are even telling me I cannot even transfere my probation to Texas (or anywhere). I had one dirty urine test in 99 0r 2000 and once forgot my monitor at home. Iv completed all requirements( therapy etc) but they want me to stay here while tax money is wasted on paying a PO to watch me and its really unnessecary.
john
Attorney Chapman's response:
There is nothing preventing you from filing a motion requesting that your probation be transferred to Texas. As long as Texas agrees to supervise you, the judge may grant your request.
Hello , i was just released out of prision on 5/29
i have a gps , and probation for 10 years. i have a few questions i would like to ask you.
i am not from fl. my charge brought me here. i am from NJ and that is where all my family resides. i would like to transfer my probation to NJ OR PA but i am trying to find out what their guideline are for their probation rules. do i follow theirs or fl or both?
Early term? if i find a lawyer.. could he get me back into court and try and get my probatin shortened to 5 yrs from 10 since im not from here and want to go home.. and nj is giving me a prob. about transfering?
also , IS early term REALLY possible?
The rule with kids.. does it really mean i can never see my neices and nephews again till im done with probation? that i cant be involved in family functions if the kids are there? What about living with my girlfriend... who may be getting custody of her grandchildren She is willing to go to the judge and talk to him and do what ever she has to do
Lastly.. internet.. HOW do we get it approved ? i want to do schooling on it, and eventually work from home ..
Thank you so much for your help ...
Attorney Chapman's response:
1. If your probation is transferred to another state, then it will be the responsibility of that state to enforce the conditions that have been imposed by the Florida court.
2. If you have not had any violations during your first five years on probation, then you may want to consider filing a motion in the Florida court to terminate your probation early.
3. Regarding kids and the internet, check the conditions of your probation. Follow those conditions closely. If you need to have one or more of those conditions modified, then you'll have to get a court order to do so, otherwise you run the risk of violating your probation.
I am the "victim" of the case, I would like to be in contact with offender. I was 16 at the time he received 1 yr incarceration and 10 yrs probation. I am now 25 yrs old and I really would like to know how to go about this. Also, to transfer a sex offender probation?
Attorney Chapman's response:
Be careful about trying to be in contact with the offender. If one of the conditions of his probation is that he have no contact with you, then you may inadvertently cause him to violate his probation.
So, there is no way to get no contact removed?
Attorney Chapman's response:
If the law provides for an exception to the no-contact provision and your case "fits" within that exception, then that may be one way of sidestepping that provision.
My husband is a first time offender of lewd and lascivious molestation,(I am attempting to have the molestation charge reduced) and possession of child pornography. How exactly does this "normally" work and are there things that can be done for people who were severely sexually abused as children? How do I go about getting the help he needs and if I am the only family he has is he allowed to come home to his children when released from prison?
Attorney Chapman's response:
1. There is no such thing as "normally." Every case is different.
2. There are counselors who work with people who have been sexually abused as children.
3. Your husband should speak with his lawyer about whether he can visit his children once he is released from prison.
I'm a sex offender and I have a 12 year sentence and have been on for a little over 7 years. I have never violated my probation in any way and I have even had my curfew modified some so I can do what I do to make money. The courts have also let me go out of state for a week the past few years to visit with some family. I just put in a motion for early termination for my probation and go for a hearing next month. What do you think are my chances of getting the early termination?
Attorney Chapman's response:
The fact that you have no prior violations is certainly a plus, but I can't tell you with any accuracy what your chances are. That depends a lot on who the judge, prosecutor, and probation officer are.