Community control standard conditions for Epstein's 2008 Palm Beach sentence

EFTA00181253¶

A35¶

Community Control Standard Conditions, dated June 30, 2008 [pp. A35-A46]¶

CIRCUIT CRIMINAL¶

PAGE 89/20¶

FURTHER ORDERED THAT YOU SHALL COMPLY WITH THE FOLLOWING CONDITIONS OF SUPERVISION:¶

COMMUNITY CONTROL STANDARD CONDITIONS:¶

You will remain confined to your residence except one half hour before and after your approved employment, community service work, or any other activities approved by your invocation officer.¶

(b) You will maintain an hourly accounting of all your activities on a daily log which you will submit to your supervising officer upon request.¶

(c) The Department of Corrections, may at its discretion, places you on Electronic Monitoring during the term of your Community Control. If placed on Electronic Monitoring, you will wear a monitor at all times. You will maintain a private phone line, be financially responsible for any lost or damaged equipment and follow all rules and regulations as instructed. The telephone will be available within five working days of being placed on Electronic Monitoring Program. While on electronic monitoring you will remain confined to your residence and are prohibited from being outside the residential walls.¶

(d) If while being monitored and the monitor is found to have been tampered with you shall be taken into custody immediately, if the officer determines that your were not at your schedules place of work or school while allowed to be outside the residence then in that event you shall be taken into custody immediately. If taken into custody, you shall be held without bond and shall, on the next working day, brought before a Judge presiding over his or her case for further disposition at the discretion of the presiding Judge.¶

(e) If placed on Electronic Monitoring you will pay to the State of Florida, for the cost of Electronic Monitoring $1.00 per day, per P.S. 948.09.¶

Defendant will be residing at 358 El Brillo Way, Palm Beach, Florida, 33480¶

DRUG UTENDER PROBATION STANDARD CONDITIONS¶

(a) You will submit to and, unless otherwise waived, be financially responsible for drug testing, urinalysis at least on a monthly basis, and counseling if deemed appropriate by your supervising officer.¶

(b) You will enter and successfully complete a non-secure or inpatient drug treatment program if deemed appropriate by your officer.¶

(c) You will comply with any curfew restrictions, confinement approved residence or travel restrictions as instructed by your officer and approved by the Officer’s Supervisor.¶

SEX OFFENDER STANDARD CONDITIONS!¶

you shall submit to a mandatory curfew from 10:00 PM to 6:00 AM¶

(b) (if the victim was under the age of 18-years) you shall not live within 1000 feet of a school, day care center, park, playground, or other place where children regularly congregate.¶

(c) you shall enter, actively participate in, and successfully complete a sex offender treatment program with a therapist particularly trained to treat sex offender, at probationer’s or community controlees expense.¶

d) you shall not have any contact with the victim directly or indirectly, including through a third person, unless approved by the victim, the therapist and sentencing court.¶

(if the victim was under the age of 18 years) you shall not, until you successfully attend and complete the sex offender program, have any unsupervised contact with a child under the age of 18 years, unless authorized by the sentencing court, without an adult present who is responsible for the child’s welfare and which adult has been advised of the crime and is approved by the sentencing court.¶

If the victim was under the age of 18 years) you shall not work for pay or as a volunteer in any school, day care center, park, playground, or other place where children regularly congregate.¶

Unless otherwise indicated in the treatment plan provided by the sexual offender treatment program, you shall not view, own, or possess any obscene, pornographic or sexually stimulating visual or auditory material, including telephone, electronic media, computer programs or computer services that are relevant to your deviant behavior pattern.¶

You shall submit two specimens of blood to the Florida Department of Law Enforcement to be registered with the DNA Data Bank.¶

(i) You shall make restitution to the victim as ordered by this court pursuant to P.S. 775.089 for all necessary medical and related professional services relating to the physical, psychiatric and psychological care of the victim.¶

(ii) You shall submit to a warrantless search by your probation officer or community control officer of your person residence, or vehicle.¶

$ \textcircled{9} $ Defendant to have contact with his officer at a minimum one time a week.¶

Defendant to work @ Florida Science Foundation, 150 Australian Ave. n1/A FL.¶

EFTA00181254¶

04/26/2018 14:51¶

A37¶

3553626¶

CIRGUIT CRIMINAL¶

PAGE 11/28¶

948. 101 Terms and conditions of community control and criminal quarantine community control. —

(1) The court shall determine the terms and conditions of community control. Conditions specified in this subsection do not require oral pronouncement at the time of sentencing and may be considered standard conditions of community control.¶

(a) The court shall require Intordva supervision and surveillance for an offender placed into community control, which may include but is not limited to:¶

1. Specified contact with the parole and probation officer.

2. Confinement to an agreed-upon residence during hours away from employment and public service activities.

3. Mandatory public service.

4. Supervision by the Department of Corrections by means of an electronic monitoring device or system.

5. The standard conditions of probation set forth in s. 948.03.

(b) For an offender placed on criminal quarantine community control, the court shell require:¶

1. Electronic monitoring 24 hours per day.

2. Confirmment to a designated residence during designated hours.

(2) The enumeration of specific kinds of terms and conditions does not prevent 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 s. 794.011, s. 800.04, s. 827.071, or s. 847.0145 to reside in another state if the order stipulates that it is contingent upon the approval of the receiving state interstate compact authority. The court may rescind or modify at any time the terms and conditions theretofore imposed by it upon the offender in community control. However, if the court withholds adjudication of guilt or imposes a period of incarceration as a condition of community control, the period may not exceed 364 days, and incarceration shall be restricted to a county facility, a probation and restitution center under the jurisdiction of the Department of Corrections, a probation program drug punishment phase I secure residential treatment institution, or a community residential facility owned or operated by any entity providing such services.¶

(3) The court may place a defendant who is being sentenced for criminal transmission of HIV in violation of s. 775.0877 on criminal quarantine community control. The Department of Corrections shall develop and administer a criminal quarantine community control program emphasizing intensive supervision with 24-hour-per-day electronic monitoring. Criminal quarantine community control status must include surveillance and may include other measures normally associated with community control, except that specific conditions necessary to monitor this population may be ordered.¶

EFTA00181255¶

04/26/2010 14:51¶

A39¶

3553626¶

CIRCUIT CRIMINAL¶

PAGE 13/20¶

(IV) Section 800.04(5)(d) where the court finds the use of force or coercion and unclothed gornitals.¶

2. For qualifying offenses listed in sub-subparagraph (1)(a)1.d., the court shall make a written finding of the age of the offender at the time of the offense.

For each violation of a qualifying offense listed in this subsection, the court shall make a written finding of the age of the victim at the time of the offense. For a violation of s. 600.04(4), the court shall additionally make a written finding indicating that the offense did or did not involve sexual activity and indicating that the offense did or did not involve force or coercion. For a violation of s. 800.04(5), the court shall additionally make a written finding that the offense did or did not involve unclothed genitals or genital area and that the offense did or did not involve the use of force coercion.¶

(b) “Convicted” means that there has been a determination of guilt as a result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld, and includes an adjudication of delinquency of a juvenile as specified in this section.¶

Conviction of a similar offense includes, but is not limited to, a conviction by a federal or military tribunal, including courts-martial conducted by the Armed Forces of the United States, and includes a conviction or entry of a plea of guilty or nolo contendere resulting in a sanction in any state of the United States or other jurisdiction. A sanction includes, but is not limited to, a fine, probation, community control, parole, conditional release, control release, or incarceration in a state prison, federal prison, private correctional facility, or local detention facility.¶

(c) “Permanent residence” and “temporary residence” have the same meaning ascribed in s. 775.21.¶

(d) “Institution of higher education” means a career center, community college, college, state university, or independent postsecondary institution.¶

(o) “Change in enrollment or employment status” means the commencement or termination of enrollment or employment or a change in location of enrollment or employment.¶

(f) “Electronic mail address” has the same meaning as provided in s. 608.602.¶

(g) “Instant message name” means an identifier that allows a person to communicate in real time with another person using the Internet.¶

(2) A sexual offender shall:¶

(a) Report in parson at the sheriffs office:¶

1. In the county in which the offender establishes or maintains a permanent or temporary residence within 48 hours after:

a. Establishing permanent or temporary residence in this state;¶

b. Being released from the custody, control, or supervision of the Department of Corrections or from the custody of a private correctional facility; or¶

2. In the county where he or she was convicted within 48 hours after being convicted for a qualifying offense for registration under this section if the offender is not in the custody or

Signature¶

EFTA00181256¶

04/26/2010	14:51	3553626

A41¶

CIRCUIT CRIMINAL¶

PAGE	15/28

(b) Pay the costs assessed by the Department of Highway Safety and Motor Vehicles for issuing or renewing a driver’s license or identification card as required by this section. The driver’s license or identification card issued must be in compliance with s. 322.141(3).¶

(c) Provide, upon request, any additional information necessary to confirm the identity of the sexual offender, including a set of fingerprints.¶

(4) (a) Each time a sexual offender’s driver’s license or identification card is subject to renewal, and, without regard to the status of the offender’s driver’s license or identification card, within 48 hours after any change 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 report in person to a driver’s license office, and shall be subject to the requirements specified in subsection (3). The Department of Highway Safety and Motor Vehicles shall forward to the department photographs and information provided by sexual offenders. Notwithstanding the restrictions set forth in s. 322.142, the Department of Highway Safety and Motor Vehicles is authorized to release a reproduction of a color-photograph or digital-image license to the Department of Law Enforcement for purposes of public notification of sexual offenders as provided in this section and ss. 943.043 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 sheriff’s office of the county in which he or she is located.¶

The sexual offender shall specify the date upon which he or she intends to or did vacate such residence. The sexual offender must provide or update of the registration information required under paragraph (2)(b). The sexual offender must provide an address for the residence or other location that he or she is or will be occupying during the time in which he or she falls to establish or maintain a permanent or temporary residence.¶

(c) A sexual offender who remains at a permanent residence after reporting his or her intent to vacate such residence shall, within 48 hours after the date upon which the offender indicated he or she would or did vacate such residence, report in person to the agency to which he or she reported pursuant to paragraph (b) for the purpose of reporting his or her address at such residence. When the sheriff receives the report, the sheriff shall promptly convey the information to the department. An offender 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 in s. 775.082, s. 775.083, or s. 775.084.¶

(d) A sexual offender must register any electronic mail address or instant message name with the department prior to using such electronic mail address or instant message name on or after October 1, 2007. The department shall establish an online system through which sexual offenders may securely access and update electronic mail address and instant message name information.¶

(5) This section does not apply to a sexual offender who is also a sexual predator, as defined in s. 775.21. A sexual predator must register as required under s. 775.21.¶

(6) County and local law enforcement agencies, in conjunction with the department, shall verify the addresses of sexual offenders who are not under the care, custody, control, or supervision of the Department of Corrections in a manner that is consistent with the provisions of the federal Adam Walsh Child Protection and Safety Act of 2006 and 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 agencies shall report to the department any failure by a sexual offender to comply with registration requirements.¶

EFTA00181257¶

04/26/2010 14:51¶

A43¶

3553626¶

CIRCUIT CRIMINAL¶

PAGE 17/28¶

Justice, the personnel of those departments, or any individual or entity acting at the request or upon the direction of any of those departments in compiling or providing information, or if information is incomplete or incorrect because a sexual offender fails to report or falsely reports his or her current place of permanent temporary residence.¶

(11) Except as provided in s. 943.04354, a sexual offender must maintain registration with the department for the duration of his or her life, unless the sexual offender has received a full pardon or has had a conviction set aside in a postconviction proceeding for any offense that meets the criteria for classifying the person as a sexual offender for purposes of registration. However, a sexual offender:¶

(n) 1. Who has been lawfully released from confinement, supervision, or sanction, whichavor is later, for at least 25 years and has not been arrested for any felony or misdomeanor offense since release, provided that the sexual offender’s requirement to register was not based upon an adult conviction:¶

a. For a violation of s. 787.01 or s. 787.02;¶

b. For a violation of s. 794.011, excluding s. 794.011(10);¶

c. For a violation of s. 800.04(4)(b) where the court finds the offense involved a victim under 12 years of age or sexual activity by the use of force or coercion;¶

d. For a violation of s. 600.04(5)(b);¶

o. For a violation of s. 800.04(5)c.2. where the court finds the offense involved unclothed genitals or genital area;¶

1. For any attempt or compiracy to commit any such offense; or

g. For a violation of similar law of another jurisdiction,¶

may position the criminal division of the circuit court of the circuit in which the sexual offender resides for the purpose of removing the requirement for registration as a sexual offender.¶

2. The court may grant or deny relief if the offender demonstrates to the court that he or she has not been arrested for any crime since release; the requested relief complies with the provisions of the federal Adam Walsh Child Protection and Safety Act of 2006 and any other federal standards applicable to the removal of registration requirements for a sexual offender or required to be met as a condition for the receipt of federal funds by the state; and the court is otherwise satisfied that the offender is not a current or potential threat to public safety. The state attorney in the circuit in which the petition is filed must be given notice of the petition at least 3 weeks before the hearing on the matter. The state attorney may present evidence in opposition to the requested relief or may otherwise demonstrate the reasons why the petition should be denied. If the court denies the petition, the court may set a future date at which the sexual offender may again petition the court for relief, subject to the standards for relief provided in this subsection.

3. The department shall remove an offender from classification as a sexual offender for purposes of registration if the offender provides to the department a certified copy of the court’s written findings or order that indicates that the offender is no longer required to comply with the requirements for registration as a sexual offender.

EFTA00181258¶

04/26/2010 14:51 3553626¶

A45¶

CIRCUIT CRIMINAL¶

PAGE 19/20¶

2. Section 794.011, excluding s. 794.011(10);

3. Section 800.04(4)(b) whore the court finds the offense involved a victim under 12 years of age or sexual activity by the use of force or coercion;

4. Section B00_04(5)(b);

5. Section 600.04(5)(c)1. where the court finds molestation involving unclothed genitals or genital area;

6. Section 800.04(5)c.2. where the court finds molestation involving unclothed genitals or genital area;

7. Section 800.04(5)(d) where the court finds the use of force or coercion and unclothed gonitals or gomital area;

8. Any attempt or conspiracy to commit such offense; or

9. A violation of a similar law of another jurisdiction,

must register each year during the month of the sexual offender’s birthday and every third month thereafter.¶

(c) The sheriff’s office may determine the appropriate times and days for reporting by the sexual offender, which shall be consistent with the reporting requirements of this subsection. Rarogistration shall include any changes to the following information:¶

1. Name; social security number; age; race; sex; date of birth; height; weight; hair and eye color; address of any permanent residence and address of any current temporary residence, within the state or out of state, including a rural route address and a post office box; any electronic mail address and any instant message name required to be provided pursuant to paragraph (4)(d); data and place of any employment; vehicle make, model, color, and license tag number; fingerprints; and photograph. A post office box shall not be provided in lieu of a physical residential address.

2. If the sexual offender is enrolled, employed, or carrying on a vocation at an institution of higher education in this state, the sexual offender shall also provide to the department the name, address, and county of each institution, including each campus attended, and the sexual offender’s enrollment or employment status.

3. If the sexual offender’s place of residence is a motor vehicle, trafler, mobile home, or manufactured home, as defined in chapter 320, the sexual offender shall also provide the vehicle identification number; the license tag number; the registration number; and a description, including color scheme, of the motor vehicle, trafler, mobile home, or manufactured home. If the sexual offender’s place of residence is a vessel, live-aboard vessel, or houseboat, as defined in chapter 327, the sexual offender shall also provide the hull identification number; the manufacturer’s serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel or houseboat.

4. Any sexual offender who fails to report in person as required at the shoriff’s office, or who falls to respond to any address verification correspondence from the department within 3 weeks of the date of the correspondence or who fails to report electronic mail addresses or