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Sex Offender Probation and Parole in Florida: Restrictions, Requirements and Violations
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Sex Offender Probation and Parole in Florida: Restrictions, Requirements and Violations
Sex crimes are taken very seriously in Florida, and those convicted often face strict probation or parole requirements after serving their sentence. While probation and parole allow offenders to avoid prison time, the restrictions significantly limit their freedom and quality of life. Understanding the rules of probation and parole, as well as the consequences for violations, is crucial for anyone facing charges for a sex crime in Florida.
Probation vs Parole
Probation is a sentencing alternative to incarceration, while parole is early release from prison under supervision. Both probation and parole involve release into the community under the supervision of a probation or parole officer. Offenders must comply with conditions set by the court or releasing authority or face revocation and imprisonment.
Eligibility for Probation
Not everyone is eligible for probation. Factors like criminal history, remorse, and the severity of the crime influence whether probation is offered. First time offenders who commit less serious crimes and show remorse have the best chance at probation. Violent crimes make probation less likely.An experienced criminal defense attorney can argue for probation if they believe the defendant can comply with the strict conditions. The judge ultimately decides, but a strong legal defense improves the odds.
Requirements of Sex Offender Probation
Florida law sets standard requirements for sex offender probation in Section 948.30. Some key rules include:
- Curfew – Typically from 10pm to 6am daily, or as set by the probation officer. This restricts freedom and ability to work.
- Residence Restrictions – Cannot live within 1,000 feet of places where children congregate like schools, parks, daycares, etc. This can make finding housing very difficult.
- No Contact with Minors – Cannot interact with anyone under 18 unless granted a special exemption. This includes family members.
- Sex Offender Treatment – Must participate in and complete outpatient treatment program. This is at the offender’s expense.
- Polygraph Testing – Must undergo polygraph exams at least annually to monitor compliance. Offenders must pay for these.
- No Pornography – Cannot view, possess, or access pornographic or sexually explicit material.
- Warrantless Searches – Authorities can search person, residence, computer, devices, and vehicles at any time.
- Electronic Monitoring – Some offenders must submit to electronic monitoring like ankle monitors.
- Registration – Most must register as sex offenders and keep their info current in the public registry.
- Fines and Fees – Must pay all court costs, fines, fees, restitution, and treatment costs. This creates a heavy financial burden.
- Community Service – Typically 100 hours in the first 5 years of supervision.
- Other Restrictions – Bans on internet access, driving logs, travel restrictions, DNA testing, STD testing, and more.
As you can see, sex offender probation has extremely strict rules that impact where offenders live, work, socialize, and more. Many struggle to adjust to the severe limitations.
Consequences for Violations
Unfortunately probation violations are common, with one-third of those on sex offender probation estimated to fail. Even minor slip ups can count as violations. Getting caught viewing porn, missing curfew, or failing to register a new address properly can all lead to violations.The penalties for violating probation are severe. Probationers face revocation and can be sentenced to years in state prison up to the maximum for their original charge. Any violations at all can undo a probation sentence entirely.Because violations are so common, it’s critical to weigh the restrictions carefully before accepting probation. Some offenders realize the limitations are too severe only after it’s too late. Consulting with an attorney is essential before agreeing to any plea deals.
Parole for Sex Offenders
In Florida, most inmates must serve at least 85% of their prison sentence. The exception is those convicted of certain sex crimes, who must serve 100% of their sentence behind bars. This means sex offenders are typically ineligible for parole.However, some exceptions exist. Offenders sentenced under earlier versions of Florida law may still qualify for parole. The Florida Parole Commission handles parole decisions for eligible state inmates. Parole allows early release after serving part of a sentence, but involves supervision and restrictions similar to probation.
Hiring an Attorney
The complex rules for sex offender probation and parole underscore the need for experienced legal counsel. An attorney can advise if probation or parole is advisable, and negotiate for fewer restrictions. If you’re accused of a probation or parole violation, an attorney can also defend your rights. Don’t navigate Florida’s strict sex crime laws alone.