Micron Document

EPSTEIN
page 2 / 883 . OCR, unverified

authority. The court may rescind or modify at any time the terms and conditions therotaforo
imposed by it upon the offender in community control. ilowovarr, if the court withholds
adjudication of guilt or imposes a period of incarceration as a condition of community control,
the poriod may not exceed 364 days, and incarceration shall be restricted to a county facility,
a probation and restitution contor under the jurisdiction of the Department of Corrections, a.
probation program drug punishment phase f secure rosidontial treatment institution, or a
community residential facility owned or operated by any entity providing such voodoos.
(3) The court may place a defendant who is being sentenced for criminal transmission of HIV in
oiolatiori of s. 175.0877 on criminal quarantine community control. The Department of
Corrections shall develop and administer a criminal quarantine community control prooran-:
ornphasizing intensive supervision with 24-hotoporoday electronic monitoring. Criminal
quarantine community control status must include aurveittance and may include other moastires
normally associated with community control, excoor that soocific conditions necessary to
monitor this population may be ordered.
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943.0435 Sexual offenders required to register with the department; penalty.--
(1) As used in this section, the terra:
(a)1. *Sexual offender means a person who moots the criteria fn sub-subparagraph a., sub-
subparagraph b., sub-subparagraph c., or sub-subparagraph d., as follows;
rol() Has boon convicted of committing, or attempting, soliciting, or conspiring to commit, any
of the criminal offenses proscribed in the following statutes in this state or similar offenses in
another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
the defendant is not the victim's parent or guardian; s. 794.011 excluding s. 794.011(10); s.
794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133' s. 847.0115,
excluding s. 847.0135(4); s. 847.0137; s. 847.0138; s. 847.0145; or s. 985.701(1); or any similar
offense: committed in this state which has boon redesignated from a former statute number to
one of those listed in this sub-sub-subparagraph; and
III) Has bean reloased on or after October 1, 1997, from the sanction imposed for any
conviction of an offense described in sub-stOseubparagraph (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 Incarcoration in a state prison, federal prison, private correctional facility, or local
detention facility;
b. Establishes or maintains a residence in this state and who has not been designated e. a
sexual predator by a court of this state but who has been designated as a sexual predator, as a
sexually violont predator, or by another sexual offonder designation in another state or
jurisdiction and was, as a result of such designation, subjected to registration or commortity or
public notification, or both, or would be if the person were a resident of that state or
jurisdiction, without regard to whether the person otherwise moots the criteria for rogistration
es a sexual offender;
c. Establishes or maintains a residence in this 'eat° who is in the custody or control of, or
under the supervision of, any other state or jurisdiction as a result of a conviction for
committing, or attempting, or-lit-Ring, or conspiring to commit, any of the criminal offense
proscribed in the following statutes or similar offense In another jurisdiction: s. 787.01, s.
787.02, or s. 787.025(2)(c), whore the victim is a minor and the defendant is not the victim's
parent. or guardian; s. 794.01.1, excluding s. 794.011(10); s. 794.0.5; s. 796.03; s. 796.035; s.
800.04; s. 825.1075; s. 827.071; s. 847.0133; $. 847.0135, excluding s. 847,013514); s.
847.013?) s• 847.0134; s. 847,0145; or s. 985.701(1); or any similar offense committed in tiiio
stato which has lose, redesignated from a formor statute number to one of those listed in this
sub-subparagraph; or
d. On or after July i, 2007, has been adjudicated delinquent for committing, or attempting,
soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following
statutes iai this state or similar offenses in another jurisdiction when the juvonfle was 14 years
of ago or older at the time of the offorne:
(I) Section 794.011, oxcludiog s. 794.011(10);
(11) Section 800,01.(4)(b) whore the victim is under 12 woos of age or where the court finds
sexual activity by the use of force or coercion:
lull Section 800.04(5)(c)1. where the court finds aaaotestatioo involving unclothe d sites; or
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Public Records Request No.: 17-295

(c) 'Permanent rosidence" end "tomporary residence hay the same meaning ascribed in s.