A registered sex offender failed to abide by the terms of his probation and is rearrested by police. The Defendant failed to complete the ordered sex offender treatment program and disregarded months of additional rehabilitation as recommended by his sex offender counselor. If convicted, the Defendant faced a maximum sentence of 10 years in prison.
Sex Offender Probation Terms in Florida
Under Florida law, there are many sex offender probation terms that must be followed by the offender. These include:
- The defendant must follow a curfew from 10 PM to 6 AM.
- A sex offender treatment program must be successfully completed. This treatment program will be paid for by the offender and must be done by a qualified practitioner that is trained specifically to treat sexual offenders.
- The offender is not to live within 1,000 feet of daycares, schools, playgrounds, parks, or any other place where children frequent. The offender should also refrain from visiting places where children will be, such as libraries, pet stores, trampoline parks, and others.
- The sexual offender may not have any contact with children under the age of 18.
- The offender may not view or possess any pornographic materials. This includes auditory and telephone services.
- The probationer may not have a P.O. Box without prior consent from his or her probation officer.
- A driving log must be kept by the offender. The offender is not allowed to drive a motor vehicle alone unless prior consent is given by the probation officer.
- A DNA sample must be provided to the Florida Law Enforcement Department to be placed on the DNA data bank.
- The offender must submit to warrantless searches by the probation officer or by community control. This includes residence and vehicle searches.
- The offender must submit an HIV test at his or her expense. The results will be shared with the victim and their family.
- One hundred hours of community service shall be imposed. A minimum of 8 hours per month needs to be completed.
- Random drug testing is required at the request of the probation officer.
Risk Assessment For Sex Offenders
A risk assessment must be completed by a qualified practitioner. A written report will state the following information:
- The current legal status of the offender
- The history of the adult charges with and without sexual motivation
- Any history of juvenile charges
- The current mental status of the offender
- The mental health and substance abuse treatments provided by the department of corrections
- The sex offender’s work, educational, social, and personal history
This written report will be given to the court. A recommendation is also provided by the practitioner. The judge is free to override this recommendation using their own judgment.
RESULT: The Attorney engaged in considerable negotiations with the State Attorney. The State was persuaded by the attorney that the prosecution’s case was deficient of evidence. The State DISMISSED the charges against the Defendant and the Judge ruled that the remainder of the Client’s sex offender probation would be ELIMINATED