EFTA00209975.pdf

JUN-27-2008 FRI 03:33 111 FAX NO. 5618358691 P. 02 PLEA IN THE CIRCUIT COURT THE FOLLOWING IS TO REFLECT ALL TERMS OF THE NEGOTIATED SETTLEMENT Name: Jeffrey E. Epstein Plea: Guilty X Case No. Chem Count Lesser Decree 06CF009454AMB Felony Solicitation of Prostitution 1 No 3 FEL 08CF009381AMB Procuring Person Under 18 for Prostitution 1 No 2 FEL PSI: Waived/Not Required X Required/Requested ADJUDICATION: Adjudicate ix SENTENCE: On 06CF009454AMB, the Defendant is sentenced to 12 months in the Palm Beach County Detention Facility, with credit for 1 (one) day time served. On 08CF009381AMB, the Defendant is sentenced to 18 months Community Control 1 (one). As a special condition of this Community Control, the Defendant must serve the first 6 months in the Palm Beach County Detention Facility, with credit for 1 (one) day time served. This sentence is to be served consecutive to the 12 month sentence in 06CF009454AMB. The conditions of community control are attached hereto and incorporated herein. OTHER COMMENTS OR CONDITIONS: Court Costs: $474.00 Cost of Prosecution: $50.00 Drug Trust Fund: $50.00 As a special condition of his community control, the Defendant is to have no unsupervised contact with minors, and the supervising adult must be approved by the Department of Corrections. The Defendant is designated as a Sexual Offender pursuant to Florida Statute 943.0435 and must abide by all the corresponding requirements of the statute, a copy of winch is attached hereto and Incorporated herein. The Defendant must provide a DNA sample in court at the time of this plea. Assistant State Attorney Attorney for the Defendant Date of Plea Defendant EFTA00209975 JUN-27-2008 FRI 03:34 PM FAX NO. 5618358691 P. 03 948.101 Terms Cilid conditions of community control awl criminal quarantine community control.— f11 The court shall dotormine the term: and condition: of community control. Conditions vociflori in this subsection do not require oral pronouncement at the time of sentencing and maybe considered standard conditions of community control. (a) The court shad require Intensive supervisior and surveillant:, for an offender placed Into community control, which may include but is not limited to: 1. Soot-Mali contact with the parole and probation officer. 2. Confinement to an agreed-upon residence during hours away from amploymont and public service arthritics. 3. Mandatory public service. 4. Supervision by the Department of Corrections by moans of an electronic monitoring dewing or system. S. Tho standard condibons of probation set for& ins. 948.03. (b) For an offender placed on crlmirial quarantine community control., tint court shall require: 1. Electronic monitoring 24 hours per day. 2. Conflnemnnt to a cimignrtod rusk-Mace during dosiermte4 hour,. (2) The enumeration of specific kinds of terms and conditions does not present the court from adding thereto any other terms or conditions that the court considers proper. However, the sentencing court may only impose a condition of supervision allowing an offender convicted of tv 79q,011, s. 800.04 s. 827.071 or s. ii47.0141 to reside in nnothar state If the order stir-Metes that ft is contingent upon the itoproval of the receiving state interstate compact authority. The court may rescind or modify at am bele the terms anti conditions theroteforo imposed by it upon the offender in community control. However, if taw court withholds adjudication of guilt or imposes a period of incarceration its a condition of community control, the Poriod may not exceed 365 days, and Incarceration shall be restricted to a county facility, a probation and restitution center under the jurisdiction of the Department of Corrections, 6 probation program drug punishment phew I secure rosidontial treatment institution, or b COMMUrlity rosidential facility owned or operated by any entity providing such services. (3) The court may place b tiodondant who is Doing sentenced for criminal transmission of ft in visitation of s. 7/5.0877 an criminal quarantine community control, The Deportment of Corrections shallovelop and administer a criminal quarantine, community control program emphasizing intensive supee4slon with 24-hour-por-doy electronic monitoring. Criminal quarantine community control status must include tirmillance and may Maud° Other measures norrnally associated with community control, oxcopt that specific conditions nocarisary to monitor this population may bo ordered. EFTA00209976 JUN-27-2008 FRI 03134 PM FAX NO. 5618358691 P. 04 '042.0435 Sesual offenders required to register with the department; ponnfi.y... (1) As used in this section, the term: (e)1, 'Sexual offender' femurs a parson who moots the criteria in sub-subparagraph a.„ sub subparagraph b., sub-svbrasagraph c., or sub-subparagraph d., as follovig akin Hes been comrictod of conurritting, or attempting, soliciting, or corrspiring to commit, any of the criminal offensos proscribed in the following statutes in this state or similar offonses in another jurisdiction: S. 787.01, s. 787.q, or s. 757,025(2)(c), whore the victim is a minor end the defendant not the vktfes parent or guardian: s. 794.011, excluding s. 794.011(10); s. .7.24.1a s. 794.03; s. 796.035; 5. 80013S s. 825.10/5;s, 4742L s. .847,0133; s. excluding s. 847.0135(4); 5.847,0137; s. 047.012Q; 5. I147.2145. or 5. 985.701(1), or any Anifiau- offense committed in this gat; which has boon rodosignnted from a fonnor statute number to one of those listed in this orb-sub-subparagraph; and (II) Has boon released on or after October ), 1997, from the mnction imposed for any onsietOn of an Pitons; described in sub-sub-subparagraph (I). For purposes of sub-sub- subparagraph (I), a sanction imposed in this state or in any other jurisdiction includes, but is not limited to, a fine, probation, community control, parole, conditional release, control release, or in.m L.nation in a gate prison, federal prison, private correctional facility, or local dotantion facility; b. Establishes or maintains a residence in this state and who has not boon designated as a sexual predator by a tout of this state but who has been designated as a sexual predator, .co, Sexually violent predator, or by another sexual offrindor designation in another State or Jurisdiction and was, as a result of such dos/gnat:ion, subjected to registration or commurdty or public notification, or both, or would be if tho person were a residem of that stabs or jurisdiction, without regard to whether the parson otherwise masts, the criteria for registration as c sexual offendori c. 5z:to bUsites or maintains a residence in this state who Is in tho custody or control of, or tinder the supervision of, any other state or Jurisdiction as a result of a conviction for committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed In the following statutos or similar offense in another jurisdiction: s. 787.01, 5, 787.02, or s. 787.025(2)(c), whom the victim is a minor and the defendant is not the victim's parent or guardian; s 794.011, excluding s. ,7114.1211(10); s. 704.05; s. 796.03; s. 796.038; c. s. 825.1025; s, 827.011i s. 8 Oa: s. 847,0135, eXclucitng s. .447.0135(4); s. 547417137; s. 07.0138; s. 841.0145; or s. 215.701(1); or any similar offense committed in this state which has bane redesignated from a former statute number to one of those listed In this sub subparagraph: or d. On or after July 1, 2W, has been adjudicated delinquent for committing, or attempting. soliciting, or conspiring to cernmit, any of the criminal offenses proscribed in the following statutes in this stale or similar offenses in another Jurisdiction when the Juvenile was 14 years of apt or cldar at the timo of the offense: (I) Section 704.011, excluding s. 794.011110); (II) Section 800.04(4)(b) whore the victim is under 12 your: of ago or whore the court find-. -xixual activity by the use of force or coercion, (III) Section 800.04(5)(c)1. whore the court finds molestation immlving unclothed genitais; or EFTA00209977 JUN-27-2008 FRI 03:34 PH FAX NO. 5618358691 P. 05 (IV) Section 8OO,O4(5I(d) whore the court finds thr use of forco or coercion and unclothed genitals. 2. For all qualifying offenses listed In sub-subparagraph )(a)l .d.. the court shell matte a wrIher finding of th4, age of the offendor at the time of the offense. For teach violation of a qualifying offonso listed in this subsection. tho court shall make a written finding of tho ago of the victim at the time of the offense. For a violation of s. 82104(4), the court shall additionally mho a wrtttcn finding indicating that die offense d,.1 or did not Irnolse sexual activity and indicating that the offense did or did not involve forte en coercion. for a violation of s. E0_104(5), the court that( additionally make a wrItton finding that the offense did or did not involve unclothed genitals or genital area and that the offonso did or did not involve the um of force ar coercion. (b) 'Convicted moans that there has boon a dotorminetion of guilt m a rosult of a trial or the entry of a plea of guilty or note contendere, regardless of writher adjudication is withheld, and includes an adlucacation of delinquency of a juvenito as soecifiad in this section, Conviction of a similar offense includes, but it not limited to, a conviction bye federal or military tribune, Including courts-martial conducted by the Armed Forces of the United Stews, and includes a conviction or entry of a pica of guilty or nolo contendere revolting in a sanction in any state of the United States or other jurisdiction. A sanction Includes, but is not limit& to, a fine, probation, community control, parole, conditional release, control release, or incarcoration in t state orison, fedorat prison, private correctional facility. or local detenti.An feed ty. (c) VOrMiltiOnt rotlidORGO- and -temporary residence Image the same meaning ascribed in s. 775.21. (d) 'InStitittion of higher education' memo a career cantor, community college, college, stele taiivorsity, or independent pos tieorelary institution. (0) 'change in enrollment or employment stabs' means the commencement cr termination of enrollment or employment or a change In location of enroltmont or omployment. (f) 'Electronic mall address' has tho same meaning as provided In s. 6.VI.fg. Irastnnt MOS7A190 name" means art identifier that allows a parser to communicate In roof time with another parson using the Internet. RI A 1OrOlit offender shall: la) Report in person at the shoriff s offito: 1. In the county in which the offender establishes or maintatro a pormanont or temporary re:skim-ice within 48 hours after: a. Establistring permanent Of temporary residence in this stet.; or b. being released from the custody, control, or suporvislon of the Department Correction o. f or from the custody of a private correctional facility; or 2. In the county where ho or she was convicted within it hours after being convicted for a qualifying offense for registration under this suction if the offender is not in the custody of EFTA00209978 JUN-27-2008 FRI 03:35 PM FAX NO. 5618358691 P. 06 control of, or under the seteesion of, the Department of Cr-erections, or is not in the custc.ciy Of a private correctional facility. Ally change in the sexual offender's permanent or temporary residence, home, any eloctronn mall address and any irtstant message name required to be provided pursuant to paragraph (4)(4), after the %vett offender report:: in person at the sheriffs office, shall be accomplished in the manner provided In subsection; (4), in, and (8). lb) Provide his or her name, date of birth, social security number, race, see, height, weight heir and eye color, tattoos or other identifying marks, occupation and place of employment, aridness of pennenont or hoe& residence or edema of any current temporary residence, vnll,ir- the state and out of state, Including a rural route address and a post office box, any electronic mail address and any instant manage name required to be provided pursuant to paragraph (4)(4), date and place of each conviction, and a brief description of the crime or crimes committed by the offender. A post ca (flee boss shell not be provided in eau of a physical residential eddies. lithe sexual offender's place of residence Is a motor vehicle, trailer, mobile home, or manufactured home, OS defined in chapter 320, the sexual offender shell also provide to the department through the sheriffs oilier writtan melee of the vehicle Identification number; the tic:else tag number; the reganation number; and a description, including color scheme, of the motor vrileele, trailer, mobilo home, or manufactured home. If the 'anal offender's place el residence is a vessel, live-aboard wind, or houseboat, as defined in chapter 37.7, the seethe offender shall also provide to the department written notice of the hull Identification number; the manufacturer's serial number; the name of the vessel, liweaboard vessel, or houseboat; the registration number; and a description, Including color scheme, of the vassal. live-aboard vessel, or houseboat. 2. if the sexual etlander rs enrolled, employed, or carrying on a vacation at an institution of higher education in this state, the sexual. offender shell also provide to the department through the threiffs office the name, address, and county of each institution, including each campus attended, and the sexual offondene enrollment or employment status. Each chantst in enrollment or employment status shall be reported in person at tho sheriffs office, within 4I hours after any change in 2etus. The sheriff ;hall promptly notify each institution of the sexual cairn-Wes presence and anychi:nee In the sexual offender's enrollment or employment status. When a isexual offender reports at the sheriffs office, the sheriff shall take a photograph and a set of fingerprints of the offender and forward the photegrachs and fingerprints to the dePlartment, along with the information provided by the sexual offender. The sheriff shall Prorhptly provide to the department the Information received from the towel offonde:. (3) Within 48 hours after the report required untie! subsection 12), a sexual offender shall report In person at a drivels license office of the Doparmant of Highway Safety and Motor Vehicles, unless a driver's license or identification card that complies with the requirements of s. WO.141(3) was previously secured or updated under s. 944.607. Al the driver's licenser office tit sexual offender shall: (a) if otherwise qualified, secure a Florida driers license, renew a Florida drivers license, or secure an Identification card. The sexual offender shall identify himself or lurself as a sexual offender who is required to comply with this section and shall provide proof that the sexual offender reported as required in subsection (2). The sexual offender shall provide any of the Information specified In subsection (2), if requested. The sexual offender shall submit to the taking of e photograph far we in issuing a drivers license, renewed license. or identification card, and for use lry the department in maintaining current record: of sexual offenders. EFTA00209979 JUN-27-2008 FRI 03:35 PM FAX NO. 5618358691 P. 07 ad Pay use costs assessed by the Department of highway Safety and Motor Vehicles for issuing or renewing q dtiver's licenso or identification card as required by this section. The driver's :(come or identification card hood must be in compliance with s. 37,2..141l3). (c) Provide, upon request, any additional information necessary to confirm the Identity of the sexual offonder, including a sat of fingerprint:. M(R) each time a sexual offender's drivers license or identification card is subject to renewal, and, without regard to the status of the offenders driver's license or identification card, within 4a hours after any thecae in the offender's permanent or temporary residence or change in the. offender's name by reason of marriage or other legal process, the offender shall raport in person toe driver's license offices, and shall be subject to the requirement: specified in subso-Aion (3). The Doportment of Highway Safety and Motor Vehicles shall forward to the department all photogrephs and information prmdded by sexual offenders. Notwithstanding the restrictions sot forth in I. 322.142, the Department of highway Safety and Motor Vehicles Is authorized to release a 'reproduction of a color photograph or digitaldrnage liconate to the Deperzment of Law Enforcement for purpose; of public notification of sexual offenders as Provided in this section and ss. U2.043 and 944.606. (b} A sexual offender who vacates a permanent residence and fails to establish or maintain another permanent or temporary residence shall, within 48 hours after vacating the permanent residence, report in person to the sheriffs office of the county in which heaths Is located. The sexual offender shall specify the date upon which ha or she intends to or did vacate such residence. The sexual offender must provide or update all of the registration information required tinder paragraph (2)(b). The sexual offender must provide an Stir= for the residence Or other larattion that ho or she is or will be occupying during tiro time in which ho er she fail: Ya establish or maintain a permanent or lempentry residence. (Cl A sexual offorxior who remains at a permanent residence after reporting his or her intent tc vacate such residenceshalt, within 48 hours after the date upon which the offender indicated he or she would or did vacate such residence, report ir ponon to the agency to which ho or she reported pursuant to Paragraph Psi for the purpose of reporting his or her address at such residence. When the sheriff receives the report, the sheriff shall promptly COirtcy the information to the department. An offloads, who makes a report as required under paragraph (b) but fails to make a report as required under this paragraph commits a felony of the second degree, punishable as provided fn s. 775 082, s. 7715.083, or A. 775.064. (d) Asexual offender must register any oloctronlc mall address or instant message name mitt the department prior to zing such otectronk mail address or instant massage name on or after °debar 1, 2007. The department shall establish an online system through Which Sexual offenders may securely accoss and update all electronic mail address and instant message name information. iS) This soction does not apply to a sexual offender who is also a sexual predator, as definixl lit n. 775.;12 A sexual predator must registry as required under s. rawn, (6) County and local low enforcement agencies, in conjunction with the department, shall verify the addresses of sexual offender: who are not under the care, custody, control, or supervision of the Department of Corrections. in a manner that is consistent with the provision; of the federal Adam Walsh Child Protection one Safety Act of 2006 end any other federal standards applicable to such verification or required to be met as a condition for the receipt of federal funds by the state. Local law enforcement agendas shall report to the department orilf faill.re by a sexual offender to comply with registration requirements. EFTA00209980 JUN-27-2008 FRI 03:35 PM FAX NO. 5618358691 P. 08 (7) A sexual offender who intends to establish residence In another state or jurisdiction other than the Stake of Florida shaft report in person to the sheriff of the county of current readonce within eit hours before the date ho or the intends to lean this state to establish residence In arether state or jurisdiction. The notification muss include the address, municipality, county, and state of intended residonco. The sheriff shall promptly provide to the department the information received from the soma( offender. The department shall notify the statewide law enforcement agency, or a comparable agency, In the intended state or jurisdiction of residence Of the sosuel offender's intended residence. The failure of a sexual offender to provide his or her intended place of residence is punishable as previded in subsection (9). {8) A sexual offender who indicates his or her intent to reside in another state or Jurisdiction other than ire State of fienda and later decides to remain in this state shall, within 48 hex s. after the date upon which the sexual offender Indicated ho or she would leave this stato, report In person to the theriff to which the sosuat offender reported the Intended change of residence, and report his or her intent to remain in this state. The sheriff shall promptly report this information to the department. A sexual offender who reports his or her intent to reside in anothrr state or jurisdiction but who remains in this state without reportjee to the sheriff in the manner required by this subsection commits a felony of the second degree, punishable us provided In s. ZZS.Cifij, s. 7:75,08 ., or s. :715.0y. PM; Asexual offender who rinoc not comply with tho requiromerms of this section commits t felony of the third degree, punishable as provided in s. s. rfsjotp, or s. (b) A sexual offender who commits any act or omission fn violation of this section may be prosecuted for the act or omission in the county in which tho act or omission was committed, the county of the lass. registered address of the sosual offender, or the county in which the comiction occurred for the offense or offense, that meet the criteria for dosientitIng a merlon OS a sexual offender. (c) An wrest on charges of failure to register when the offender has boon provided and advised of his or ire statutory obligations to register under albsection 12), the service of en information or a complaint for a violation of this section, or an arratwrnen: on charges for vioUition of this section constitutes actual notice of the duty to register. A sexual offenders failure to intim:Oat* register as required by this section following such arrest, service, or arraienment constitutes grounds for a subsequent chine of failure to register. A sexual offender chargoci with the crime of failure to register who assorts, or Intent to assert, a lack of notice of the duty to register math-elem..° too charge of failure to register shall immediately register as required by this section. A sexual offender who is cheeped with a subsequent failure to register may not assert the defense of a lack of notice of the duty to rogi2or, Id) Registration following such arrest, sense', or arraignment is not a defense and does not relieve the sexual offender of criminal liability for the failure to register. (0) The department, the Department of therway Safety and motor vehicles, the pepertmenr, of Ccrrectiora, the Department of Juvenile Justice, any law enforcement aRency In this state, end the personnel of those departments; an elected or appointed official, public employee, or school administrator; or an employee, money, or any Individual or entity acting, at the request or upon the direction of arty law enforcement agency Is immune from civil liability for demotes for Rood faith compliance with the requirements of this section or for the release of information under this section, and shell be presumed to hove acted in good faith in compiling, recording, reporting, or releasing the Information. The presumption of good faith is not evorcome if a Werffike or clerical error Is made by the department, the Department of Highway Safety aro Motor Vehicles, the Department of Corrections, the Department of Juvenile EFTA00209981 JUN-27-2008 FRi 03:36 PM FAX NO. 5618358691 P. 09 Justico, the ',tract/mai of thaw departmonta, or any individual or entity acting at the rogues+ or upon the direction of any of those departments in compiling or providing information, or if information is incomplete or Incorrect bocaose a sexual offender fails to report or falsely napere, his or her current pltce of perninnent or temporary reisirionco. Except as provided in 1. 943.04_ , a sexual offender must maintain registration with the dopertment for the duration of his or her life, unless the Amami offender has received a full pardon or has had a conviction sot esic) in a postcomoictIon proceeding for any offerato that meets the criteria for classifying the parson tis a sexual offender for purposes of rogistration. However, a sexual offender: fail. Who has been lawfully releated from confinement, supervision, or sanction, whichever is later, for at least 25 years end has not boon etrestod for any felony or miadumoanor offense since release, provided that the sexual ofiondoes requirement to !Wittier WIC not based upon an NSA conviction, L. for a violation of s, 783,01 or s. laktaa; b. For a violation of s. 794.011, excluding s. 791,911(10); c. For a violation of s, 000.04(4) (bl whore the court finds the offered involved a victim under 12 yours of ago or seatiol activity by the use of force or coercion; d. For a violation of s. /190.01(5)ib); • o. For a violation of s. 800,00)(5)c.2. whoro the court finds the offense inv.:awe unclothed genital• or genital area; f. For any attempt or conspiracy to commit any such offense; or a. For a violation of similar law of another jurisdiction, may petition tho criminal division of the circuit court of the circuit in which the sexual offender resides for tho purpo5c of Farrowing the requirement for registration err. a sexual offender. 2. Tho court may grant or deny relief If the offender demonstrates tc the court that ho or sloe Iles not boon arrested for any crime since release; the requested relief itomptios with the Proaisiora of the federal Adam Walsh Child Protection and Safety Act of 2006 and any othor federal standards applicable to the removal of rogistration requirements for a sexual offender or required to be met at a condition for tho receipt of federal funds by the state; and tho court is otherwise satisfied that the offender is not a currant or potential throat to public safety. 11w state attorney in the circuit in which the petition is flied must bo given notice of the petition at least 3 weeks before the hourine on the matter. The state attorney may pi-tont macine() in apposition to this requested rolled or may otherwise domnnstrato the reasons why the petition should be denied. If the court denies the potiden. trio court may sot a future date at which the sexual offender may again petition the eget for relief, subject to the standard; for relief provided in this subsection. 3. Tho department shaU commas an offender from classification as a sexual offender for purposes of registration if the offender provides to the department o cati€sd copy of the court's wrItton findings or orelor that Indicates that tie offender ft no lorruer required to comply with the requirements for registration es a sexual offender. EFTA00209982 JUN-27-2008 FRI 03:36 Pit FAX NO. 5618358691 P. 10 (b) Ac dofinod in sub-subparagraph (1)(o)1.b. must maintain rogistration with this department for the duration of his or her life until the person provides the department with en order issued by the cart that designated the poison at a sexual predator, as a sasually violent predator, or by another sexual offender designation in the stato or jurisdiction in which the order was Issued *tick gat0% that such designation has boon removed or demonstrates to the department that such Cognation, if not imposed by a court, has been removed by operation of law or court order in the state or jurisdiction in which the designation was made, and provided such poison no longer meets the criteria for registration as r sexual offender under the laws of this state. (12) The Legislature finds that sexual offenders, exesclally those who haws committed offenses against minors, often polo n high risk of =caging In sexual offenses aeon after being reteersixf from incarceration or commitment and that proteeeore of the public from soxual offendors Is a paramount government interest. Sexual offendon ham a reduced expectation of privacy became of tho public's fmtoroa. In public-zloty and in the effective operation of government. Releasing information concerning soxual offenders to law enforcement agencies end to persons who rimuest such Information, and the release of such information to the public by a taw onforeereant agency or attic agency, will forthor the govertmental intorests of public safety. Thu designation of a person as offender is note sentence or a punishment but is ;imply the status of the offender which is the result of a cortvictior for having committed certain crimes. (131 Any person who has roma) to believe that a sexual offender is not complying, or has not complied, with the requirements of this section and who, with the intent to assist the boned offender in eluding a law enforcement agency that is seeking to finis the sexual offender tc question tho sexual offender about, or to arrest the sexual offondor for, his or her noncompliance with the requirements of tats section: (a) effelgtolds information from, or does not notify, the law enforcement agency about the sexual offender's noncompliance with the requirernonts of this section, and, ff known, the, whereabouts of the sexual offender; (b) Harbors, or attempts to harbor, or Indus another person in harboring or attempting to harbor, the sexual offender, or (c) coney* or attempts to conceal, or assists another pLn-son in conccalins or alternating to conceal, the ICKUM Offrirtdoli or (d) Provides information to the low enforcement agency regarding the sexual of fonder that the person know; to be fetes information, commits a felony of the third degree, punisheblett} provided in s. 775.082, s. 775.063 or s. 773.034. (14)(a) Asexual offender must report in person each year during the month of the sexual offender's bIrthdey and during the sixth month following the sexual offender's birth month in the sheriffs office in the county in which he or she resides or is othcarwiso located to reregister. (b) However, a sostiol offender who is roquirod to register as a result of a conviction for: 1. Section 787,01 or s 78/.02 where the victim is a minor and the offender is not the victiiii; parent or guarelan; EFTA00209983 JUN-27-2008 FRI 03:37 PM FAX Na 5618358691 2. Section Itian d oxcluding s. 794.011(10); 3. Sir.t. Ion 200.0414)(b) where the court finds the offense Invoived a victim under 12 years et age or sexual activity by the use of force or coercion; 4. Section 800.04(5101); 5. Section 800.04(S)(c)1. whore the court finds molestation involving unclothed genitals or aortal area; 6. Section 800.04f5ic.2. where the court finds molestation involving unclothed genitals or genital area; 7. Soctior, 800.04(5)1d) whore the court finds the use of force or coercion end unclothed Senitats or golvtal area; 8. Any nuompt or comeiracy to commit such offense; or 9. A violation of a similar taw of another jurisdiction, must reregister each year during the month of the sexual offender's birthday and every third month thereafter. lc) The ;Merit's office may determine the appropriate times and days for reporting by the smug offender, with shell to consistent with the reporting requirements of this subsection. Reregistration shall include any chenger to the following information: 1. Name; social socarlty number; age; race; sox; date of birth; height; weight; hair and eye cigar; addreg of any permanent residence and address of any ctrrem temporary residence, within the state or out of state, including e rural route ;Warms and a post office box; any electronic mall address mid any instant messege namn required to be provided pursuant to paragraph (4)(d); date and pilte of any employment; vehicle maim, model, color, and tiara,: tag number; fingerprints; and photograph. A post office bo shall not bo provflod in lieu of b physical nesirlential address. 2. If the sexual offender is enrolled, ~obeyed, or carrying on a vocation at an institution or higher education in this gate, the sexual offender shall also provide to the department the nano, address, and county of oath institution, including each campus attended, and the sexual offenders enrollment or employment status. S. If the sexual offender's place of residence is a motor vehicle, traitor, mobile homo, ca manufactured hones, as defined in chapter 320, the sexual offender shall also provide the vehicle identlfleatIon number; the UcenSe tag number; tho registration number; and a doseription, including color scheme, of the motor vehicle, trailer, motile home, or manufactured home. lithe sexual offender's place of residurco is a vessel, live-aboard or houseboat, as defined in chapter 3.77, the sexual offender shall also provide the hull identification number; the manufacturer'sserial number; the name of the vosse1. live-oboe' ri seessoi, or houseboat; the registration number; and a description, including color whorl)°, 01 the vessel, live-aboard vessel or houseboat. 4. Any sexual offender who fails to report in person as required at the sheriffs office, or why tails to Kr.ipOrld to any addl.= vivification covrowoncloncr from the department within 1 weeks of the date of the correspondence or who fails to report electronic mail 3ridrollwr- or EFTA00209984 JUN-27-2008 FRI 03:37 PM FAX NO. 5618358691 P. 12 instant ~go narnos, commits a felony of the third dagroa, punishable as provided in s. 179,082 s. 775.083, ors 77S 0B4 (d) The sheriffs /riffle° shell, within 2 worldr!" days, electronically submit and update aU information provided by the omit offondar to the department in a manner proscriber/ by the dodartrnent. EFTA00209985 JUN-27-2008 FRI 03:37 PH FAX NO. 5618358691 P. 13 948.30 Additional terms and conditions of probation or community control for certain sex offenses.-•Conditions imposed pursuant to this section do not require oral pronouncement at the time of sentencing and shall be considered standard conditions of probation or community control for offenders specified in this section. (1) Effective for probationers or community controllees whose crime was committed on or after October 1, 1995, and who are placed under supervision for violation of chapter 794, s. 800.04, s. 827.071, or s. 847.0145, the court must impose the following conditions in addition to all other standard and special conditions imposed: (a) A mandatory curfew from 10 p.m. to 6 a.m. The court may designate another 8-hour period if the offender's employment precludes the above 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. (b) If the victim was under the age of 18, a prohibition on living within 1,000 feet of a school, day care center, 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 theschool, day care center, park, playground, or other place where children congregate. The distance may not be measured by a pedestrian route or automobile route. (c) Active participation in and successful completion of a sex offender treatment program with qualified practitioners specifically trained to treat sex offenders, at the probationer's or community controllees own expense. If a qualified practitioner is not available within a 50- mile radius of the probationer's or community controllee's residence, the offender shall participate in other appropriate therapy. (d) A prohibition on any contact with the victim, directly or indirectly, including through a third person, unless approved by the victim, the offender's therapist, and the sentencing court. (e) If the victim was under the age of 18, a prohibition on contact with a child under the age of 18 except as 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 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: 1. 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: a. The sex offender's current legal status; b. The sex offender's history of adult charges with apparent sexual motivation; c. The sex offenders history of adult charges without apparent sexual motivation; EFTA00209986 JUN-27-2008 FRI 03:37 P11 FAX Na 5618358691 P. 14 d. The sex offenders history of juvenile charges, whenever available; e. The sex offender's offender treatment history, including consultations with the sex offenders treating, or most recent treating, therapist; f. The sex offender's current mental status; g. The sex offender's mental health and substance abuse treatment history as provided by the Department of Corrections; h. The sex offenders personal, social, educational, and work history; i. 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 child's preference and relative comfort level with the proposed contact, when age appropriate; 1. The parents or legal guardian's preference regarding the proposed contact; and m. The qualified practitioners opinion, along with the basis for that opinion, as to whether the proposed contact would likely pose significant risk of emotional or physical harm to the child. 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. A written consent signed by the child's parent or legal guardian, if the parent or legal guardian is not the sex offender, agreeing to the sex offender having supervised contact with the child after receiving full disclosure of the sex offender's present legal status, past criminal history, and the results of the risk assessment. The court may not approve contact with the child if the parent or legal guardian refuses to give written consent for supervised contact; 4. A safety plan prepared by the qualified practitioner, who provides treatment to the offender, in collaboration with the sex offender, the child's parent or legal guardian, if the parent or legal guardian is not the sex offender, and the child, when age appropriate, which details the acceptable conditions of contact between the sex offender and the child. The safety plan must be reviewed and approved by the court; and 5. Evidence that the child's parent or legal guardian understands the need for and agrees to the safety plan and has agreed to provide, or to designate another adult to provide, constant supervision any time the child is in contact with the offender. 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. EFTA00209987 JUN-27-2008 FRI 03:38 PM FAX NO. 5618358691 P. 15 (f) If the victim was 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, schools, day care centers, parks, playgrounds, pet stores, libraries, zoos, theme parks, and malls. (g) Unless otherwise indicated in the treatment plan provided by the sexual offender treatment program, a prohibition on viewing, accessing, owning, or possessing any obscene, pornographic, or sexually stimulating visual or auditory material, including telephone, electronic media, computer programs, or computer services that are relevant to the offenders deviant behavior pattern. (h) Effective for probationers and community controtlees whose crime is committed on or after July 1, 2005, a prohibition on accessing the Internet or other computer services until 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. (i) A requirement that the probationer or community controllee must submit a specimen of blood or other approved biological specimen to the Department of Law Enforcement to be registered with the DNA data bank. (j) A requirement that the probationer or community controllee 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. (k) Submission to a warrantless search by the community control or probation officer of the probationer's or community controllee's person, residence, or vehicle. (2) Effective for a probationer or community controllee 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. 80O.04 s. 827.071, or s. 847.0145, in addition to any other provision of this section, the court must impose the following conditions of probation or community control: (a) 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 offenders denial mechanisms. A polygraph examination must be conducted by a polygrapher trained specifically in the use of the polygraph for the monitoring of sex offenders, where available, and shall be paid for by the sex offender. The results of the polygraph examination shall not be used as evidence in court to prove that a violation of community supervision has occurred. (b) Maintenance of a driving log and a prohibition against driving a motor vehicle alone without the prior approval of the supervising officer. (c) A prohibition against obtaining or using a post office box without the prior approval of the supervising officer. (d) If there was sexual contact, a submission to, at the probationer's or community controllee's expense, an HIV test with the results to be released to the victim or the victim's parent or guardian. EFTA00209988 JUN-27-2008 FRI 03:38 PM FAX NO. 5618358691 P. 16 (e) Electronic monitoring when deemed necessary by the community control or probation officer and his or her supervisor, and ordered by the court at the recommendation of the Department of Corrections. (3) Effective for a probationer or community controtlee whose crime was committed on or after September 1, 2005, and who: (a) is placed on probation or community control for a violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s. 847.0145 and the unlawful sexuat activity involved a victim 15 years of age or younger and the offender is 18 years of age or older; (b) Is designated a sexual predator pursuant to s. 775.21; or (c) 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, the court must order, in addition to any other provision of this section, mandatory electronic monitoring as a condition of the probation or community control supervision. EFTA00209989