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.