|

|
The
Jessica Lunsford Act |
|
On September 1,
2005, the Jessica
Lunsford Act took effect, significantly altering Florida’s Sexual
Offender and Predator Registration Laws. It resulted in tougher
registration requirements and increased penalties for violations.
It requires electronic monitoring for certain sexual offenders
placed on supervision and will require the courts to order
electronic monitoring for designated sexual offenders and
predators who violate probation or community control. The Act
also;
|
 |
Requires
a sexual predator or offender to report in person twice a year to
the Sheriff's Office in the county in which he or she resides.
Failure to comply with this requirement is a 3rd degree
felony. |
 |
Extends
the period for a petition to remove a sexual predator designation
from 20 to 30 years for those designated after September 1, 2005. |
 |
Provides
criminal offense for predators/offenders failing to respond to
address verification. |
 |
Provides
a criminal offense for those who assist, harbor or conceal a
sexual predator or sexual offender in eluding law enforcement or
provides false information. |
 |
Provides
a criminal offense for a person who alters, tampers, damages or
destroys any court-ordered electronic monitoring equipment. |
 |
Provides
a life felony and 25-year mandatory minimum term of imprisonment
for committing a lewd or lascivious molestation on a child under
12 when the offender is 18 or older. If not life imprisonment,
provides for a split sentence for a person convicted of a life
felony for a lewd and lascivious molestation on or after 09/01/05,
to include electronic monitoring for the duration of the
defendant's natural life. |
 |
If
the probationer or offender is a registered sexual
predator/offender, a court finding is required with regard to the
danger the person poses to the public prior to his or her
release on bail. |
 |
Adds
mandatory electronic monitoring for a conditional releasee whose
crime committed on or after 09/01/05 for certain offenses where
the victim was 15 years or younger and the offender is 18 years or
older. |
 |
Adds
a designation as a sexual predator to the list of aggravating
circumstances in court sentencing proceedings for the commission
of a capital felony. |
 |
Requires
public and private misdemeanor probation entities to search each
probationer against the Florida sexual offender registry and
implement procedures for accessing criminal history records of
probationers. |
 |
Requires
background screening for all contractual personnel who are
permitted access on school grounds when students are present or
have direct contact with students. |