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FBI VOL00009
EFTA00180921
102 sivua
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FI
A35 Community Control Standard Conditions, dated June 30, 2008 [pp. A35-A46I 04/26/2010 14:51 3553626 CIRCUIT CRIMINAL PAGE 09/20 FrapaEp. QflJ)ERED THAT YOU SHALL COMPLY WITH THE FOLLOWING4NDITIONS OF SUPERVISTON:. 1. O1.4MUNITY CONTROL AIL ( ARD CONDTTIONS: You will remain confined to your residence except one belt bow bet= and atter your approved employment, . community service work, or any other activities approved by your probation officer. You will maintain an hourly accounting of all your activities on a daily log which you will submit to your supervising officer upon request • The Dmiaronent of Corrections may at its discretioo, placer you on Electronic Monitoring during the term of your Community Control. If placer:ion 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 regulailoos as instructed Tho telephone will be available within five working days of being placed 'on electronic Monitoring Program. While on electronic monitoring you wet remain confined to your residence sod are prohibited from being outside the residential walls. • • (a) 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 resideoce then in that event you shalt be taken info custody immediately. If taken into custody, you shall be held without bond and shill, on the next working day, brought before a Judge mending over his or her case for further (c) ) If placed on Electronic Monitoring you will pay to the State of Florida, (or the cost of Electronic Monitoring $1.00 per day, pa P.S. 9409, .Deleimaa ird' war( fcCi ca' i 4-s e"..4 E./ '— v;' Way, ; dot_ 3 RD 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 deienied appropriate by your supervising officer. . • (b) You will enter and suctessfullYcomplete a ton-ausure or inpatient drag treatment prop= if deemed kppropriate by your officer. . . . (c) You will comply with any curfew retractions, confinement approved residence or travel restrictions' as ion:meted by your officer and approved by the Officer's Supervisor. ssxaregiffiew&chmame-eptipmense . • S you shall submit to a =Sedate curfew from 10:00 PM to 6:00 AM . mandatary (if the victim was-under the ago of 18-years) you shall not live within 1000 feet of a school. day care centd, park, playground. or other place where childrenregularly congregate. (c) you shall enter, actively participate in. and successfully complete tier offender treatment program with a therapist tva; p r anicularly trained to treat sex offender, et probationer's or conunuoitY controlees expense. ou shall notbave any contact with the victibiridizettly or indirectly. including through a third person. unless approved by the victim, the therapist and 'stemming 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, onleis authorised by the sentencing court, without an adult present who is responsible for the child's welfare and widoh adult has been advised of the crime ' • end is approved by the sentencing court - . 1 the victim was under the age of 18 yeira) you shall not wokk for pay or as a voluoteerin any school, day care center. . . ark playground, or other place where children regularly congregate. pep— Ahtlemertheswistindicahickin . irlregrertE you Shun Dot `new. wn, or posses any obscene, pornographic or sexually stimulating visual or auditory material, including telephone. electronic media, cotnputei programs or computer services that are relevant to your deviant behavior pattern. K l.t sjYriu 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 tOthe physical, psychiatrio and psychological care of the victim. You shall submit to a warrantless search by your probation officer or community control officer of y ur person, ) rendering. or vehicle, . . . CO frier"' LOA\ 14 a) 01401131111-VP + 3 kg"tie. - CeVAr-la-C-f- toai 41, lk---. Acce 0.}- 0.... ryukirvt..ietry 6 vt-e-- -ti 1,s-11 A- Ikre--0,11-- • ___TI 6 pckii acwii-- $t-P v ay(- at grvidot Seim of, Fri tAifici,1-16), / 1 --1-1 AlIS'Irrlir aft AN.., n 114 F? • EFTA00180961
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A36 04/26/2010 14:51 (c) 3553626 CIRCUIT CRIMINAL you shall submit to a mandatory curfew from 10:00 PM to 6:00 AM (If the victim was under the age of 18 years) you shall not live within 1000 fret of a school, day cue center. park. playground, or other place where children regularly congregate. 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 contrateet expense. you Mall not hove any contact with the victim, directly or indirectly, including through a third person, unless approved by the victim. the therapist and sentencing court. ce, (if the victim was under the age of 18 years) you shall not until you successfully attend and complete the seroffehder • ptogrun, have any unsupervised contact with achild under the age of 18 yearly unless authorised 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. (f) (lf the victim was under the age of 18 years).you shall not work for pay or as a volunteer itt any school, daycare center, park, playground, or other plate where children regularly congregate. (g) Unless otherwise indicatedin the treatment plan provided by the sexual offender treatment program, you shall nor view, own, or posses any obscene. pornographic or sexually stimulating visual or auditory material, including telephone, • electronic media. comptita programs or computer services that are relevant to your deviant behavior pattern. You shall submit two specimens Data Bank. (0 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•seriffees relating to the physical, psychiatric and paychologicalcare of the victim- You shall submit to a Warnustlest search by your probation officer or community control offices of yoUr person, residence, or. vehicle oc, you shall, apart of a treatment program, participate once/twice annually in polygraph examination to obtain information necessary for risk management and treatraent and to reduce your denial mechanisms: Your polygraph examinations must be conducted by a polygrapher trained specifically in the vse of polygraph for monitoring let offendusand it shall be paid by you. The results of the polygraph examinations shall not be used as evidenced in court to prove that a violation of community supervision occurred. You shall maintain a driving log, you shall not drive amotor vehicle white alone without prior approval of your supervising officer. • . (if there was seismal contact) you shall submit to. at probationer's or community controlee's expense,. an HI? test with the results to be teleased to the victim,. or the victim's parents or guardian. You will not obtain or use a Post Office Box without the prior approval of the supervising officer. yotiwIll submit to electronic monitoring when deemed necessary by the community control or probation officer and his or het supeivisot, and ordered by the court at the recommendation of the Department of Corrections. ' • PAGE 10/20 bet: • :SE COURT RESPWES THE RIGHT TO RESCIND, MODIFY, OP. IRIMOICE WPIISI TO NIT PROVIDED BY LAW 31,1E AND °ROOKED AT West Palm Iamb, Palm Beach County, Florida, this y o one Pro Tune: .14/221,114 Honorable Sandra IC. M49/fry Jedge; Circuit Court have received a copY of the tering and conditions of my supervision. I have read and understand these si te to report to the Department at ancertem pr,treoon Office for fun's= instructions. Also. I hereby consent to the disclosure of my alcohol and chug abase Indent , the eboftdennallty which is tederallY regulated under 420%, Part II, for the duration or my upervirion. 66 UCTBD B EFTA00180962
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A37 04/26/2010 14:51 3553626 40 CIRCUIT CRIMINAL PAGE 11/2e 944.101 Tornio end onnetItious a1 community control and criminal quarantine community control. — (t) 'rho court shall determiner the terms and conditions of community control. Conditions pacified In this subsection do not require oral pronouncement at the lima of sentencing and may be considered standard conditions of community central. fa) The court shad require intones@ supervision and surveillance for an offondor pierced Into community control, which may include but is not limited to: I. Specified contact with the parole, and probation office. 2. Confinement to an agreed open residua° during hours away from omploymont and public seance activities. 3. Mandatory public Porvico. 4. Supervision by the Department of Corructions by moans of an electronic monitoring demico Or system. 5. Tho standard conditions of probation set forth In s. 944.03. (b) For an offender plead on criminal quornntino community control, the court shalt root/fru: 1. Electronic monitoring 24 Ian par day. 2. Confinement to a designated residence during daises/nod hours. (2) The *numeration of specific kinds of banns and conditions does not prmont the court from adding thereto any other tams or conditions that the court cornidars proper. Howymer, the sentencing coat may orgy Impose; a condition of supervision allowing an °thunder convicted of s. 294.011 aoo.oi s. 827.071 or 5. 547.0145 to reeds in another state if the ardor stipulates that It Is contingent upon the approvel of the r000lving stare Intorstate compact authority. The court may serval or modify at any time the terms and conditions therotoforo ImPOsod by ft upon the offender in community control. Hosnavr. If the court with/with adjudication of guilt Or Imposes a period of in:armadas as a condition of community control, the period may not acood 364 days, and incarceration shell be restrictad to a county facility, a probation and rostItUtfOn castor under tho jurisdiction of the Department of CaractIons, a probation program eve punishment phase I secure rosidential treatment institution, or a commurtity residential facility owned or (sponged by any entity providing such service. 13) The court may place a dafrondant who is being sentorted for criminal transmission of lily in violation of s 775.0327 on criminal quarantines community control. The Department of Corrections shad clensolop and administer a criminal quarantino correounity control program omphatdring intensive supervision with 24-boar-per•day electronic monitoring. Criminal quarantine community control status mint Include surveillance and may include other measures normally associated with community control, unapt that specific conditions necessary to monitor this population may ba ordered. EFTA00180963
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A38 04/26/2010 14:51 3553626 CIRCUIT CRIMINAL PAGE 12/20 • '943.0431 SOMAS &Vendors required to rogister with the doper meta; penalty.-. (1) As used In this faction, the term: (all. 'Sexual offonders moons a person who moots the criteria In sub-subparagraph a., sub subparagraph b., sub-subparagraph c., or sub-subparagraph d., as follows: a.(I) Has been convicted of committing, or attempting, soliciting, a. conspiring to commit, any of the criminal offenses proscribed In tin following Statutes In this state or similar offenses in another jurisdiction: s. 787.01, s. 787.02 or s. 787.025(2)(0, whore the victim Is a minor and thar defendant is not the victinfs parent or guardian; s. 794.011 excluding 5. 794.011(10); s. 794.05; s. 796.03. s. 796.015; s. 800.04; s. 025.1025.; s. 827.071; s. 047.01.31; s. 847,0135, excluding s. 847.0135(4); s. 047.0137- s. 541.0138;s. 1347.0145- or s. 985.701(1); or any similar offsets. committed In this state which has boon redesignated from a formor stump numb*r to one of those listed In this subsub.subparrigreph; and (ID Has boon released on or after October 1, 1997, from the sanction imposed for any conviction of an of frame described In sub-sub-subparagraph (I). For purposes of sub-sub- subparagraph (I), a sanction imposed in this state or in any other jurisdiction Includes, but is not limitod to, a fine, probation, community control, parole, conditional robes°, control release, or incarcoration in a state prison, %dove prison, private correctional facility, or local detention facility; b. Establishes or maintains a residence in this state and who has not boon designate( es a sexual predator by a court of this state but who has been designated as a sexual predator, as a sexually violent proditer, or by another sexual offender designation In another state or jurisdiction and was, as a insult of site designation, subjected to regstratIon or community or public notification, or both, or would be if the person ware a nnicient of that state or jurisdiction, without regard to whether the parson otherwise moats the criteria for registration as a sexual offerer; c. establishes or maintains a residence in this state who Is In the custody or control of, or under the supervision of, any other state or jandlcdon as a result of a conviction for canrnitting, or attempting, =Odds's?, or conspiring to commit, any of the criminal offenses proscribed In the following statutes or similar offense in another jurisdiction: s. 787.01, s. 7,117.172, or s. 787.0-0(21(c), whore the victim fs a MI/Wand the defendant is not the victim's punt or guardian; t 794.011, excluding s. 794.011(10); s. 794.05. 5. 796.0.1; s. 796.035' s. 800.04; s. 825.1025- s. 827.07/* s. 847.0133. s. 847.0135, excluding s. 847.0115(4); s. 047.0137; s. 847.0138; s. 847.0145. or s. 985.7010f; or any similar O1%nmcommitted In this stato which des boon nsdesignertod from a forme statute number to one of thous listed In this sub.-subparagraph; or d. On or altar Arty 1, 2007, has boon adjudicated delinquent for committing, or attempting, soliciting, or comphing to commit, any of the criminal afforest proscribed in the following statutes in this state or similar offenses in anode, jurisdiction whet the juvantio was 14 years of age or older at the firm; of the offense: 11) Suction 794.011 excluding s. 794.01.1f104 III) Soction 800,04(4)(b) whore the victim is under 12 wen of ago or whore the court finds urinal activity by the use of force or coots-ion; lilt) Suction 000.04(5)(c)1. where the court finds molestation involving unctothod gentle • r EFTA00180964
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PAGE
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(IV) Section 800.04(5)(d) whore the court {Inds the use of lotto or coercion and unclothed
gaskets.
2. For all quogfying offenses listed In sub-subparagraph (1J(a)t.d., the court shall make a
written finding of the age of the offender at the time of the offense,
for each notation of a qualifying offense hood In this subsection, the court shall make a
written 'Twilit of the ago of the victim at the time of the offense. For a violation of s.
800.04(4), the court shell additionally make a writton finding (Skating that the offense. did or
did not knew, sexual activity and indicating that the offense did or did not Involve force or
coercion. For a violation of s. 1100.04(5), the court shall additionally make a written finding
that the offense did or did not Involve unclothed genitals or genital aroe and that the offense
did or did not Involve the use of force or coercion.
(hi 'Convicted' moons that there has been a determination of guilt as a result of • trial or the
antry of * plea of guilty Of nolo contenders, regardless of whetter adkadkafion is withheld,
and includes an adjudication of dollnquancy of a Uncoils as specified In this soction.
Conviction of a similar aflame Includes, but b not limited to, a carMctlon by /I federal or
military tribunal, Including courtsmuirtlal cordoned by the Armed Fames or the United States,
and indudes a conviction or entry of a plea of guilty or nolo contendere resulting in a sanction
In any stets of the United States or other jurfuffdlon. A sanction includes, but Is not Umitod
to. I flno, probation, community control, parole, conditional release control rolease, or
kwarteration fna state prison, federal prison, private correctional facility, or load detention
(c) 'Permanent residences and lamporary rasidence" have the same meaning ascribed In s.
775.21.
(d) institution of higher °duration- means a career cantor, community collets, college, state
university, or independent postsecondary Institution.
(o) 'Chang* in enrollment or employment status' moans the commencement or termination of
unroWnent ar employment or a change In location of enrollment or employment.
(f) -Electronic midi editors- his the same moaning es provided In 1. 668.602.
(g) 'instant manage name' moans an Identifier that allows a person to communicate in real
time with another parson using the Internet.
(2) A sexual °Minder shall:
(a) Report in person at the sheriffs office:
1. In the county in which the offender establishes or maintains a permanent a temporary
residency within Ala houn after:
a. fistatilfshing permanent or temporary residonco in this state; or
b. being released from the custody, control, or supervision of the Department of Corrections
or from the custody of a privabo corrections( facility; or
2. 1n the county where ho or she was convicted within 48 hours after being convicted for e
qualifying offense for registration under this section if the offender Is not in the custody or
EFTA00180965
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A40 04/26/2 10 14. 5' 3553626 CIRCUIT CRIMINAL PAGE 14/20 • control of, or under the supervision of, the Department of Corot<loos, or Is not In the custody of a private correctional facility. Any charge In the sexual offondor's permanent or temporary residence, name, any electronic mail address and any instant message name required to be provided pursuant to paragraph (e)(d), after tilt sexual offender reports In parson at the tariffs office, shall be accomplished in the manner provided In subsections (4), (7), and (s). (s) ;inflicte his or her name, date of birth, social security number, race, sex, height, weight, hair and aye color, tattoos or other Identifying marks, occupation and place of omployrnont, address of permanent or legal resident* or address of any current temporary residents), within the state and nut of state, including a rural route address and a pest office box., any electronic maf I address and any Instant money° name required to be provided purulent to paragraph 14ffdi, date and place of each conviction, and a brief description of tin crime or crimes committed by the offender. A post office box shall rot be provided In lieu of is physics( reddantial address. 1. If the sexual offender's place of nu:Wanes' is a motor vehicle, trailer, mobilo home, or manufactured home, as donned In chapter .120, the wooer ofiendur shall also provide to the department through the sheriffs office %ratan notice of the vehicle idantification number; the ((coma tog number; the rogistrdlon number; and a description, Including rotor schema, of the motor vehicle, trailer, motile home, or rreinotecturad home. If the sexual offender's place of rolidanco Is a vat*, Ilseaboard weed, or houseboat, as donned in chapter 127, the sexual offender dell also provide to the department written notice of the hull Identification nu rntora; the manotactroes serial number; the name of the von*, the-aboard Ansel, or houseboat; the negistnation number; and a doscription, Including color scheme, of rte vessel, live-aboard vessel, or hotnebant 7. It the sexual offender Is or-trotted, employed, or carrying on a vacation at an institution of higher education fn this strata, the wows! offender shall also provide to the department through the sheriffs ofer.o the name, address, and county of each institution, including each campus attended, and the sexual offenders onrollmont or °motor-mot status. Each change In onrallmont or employment status shall be roportod In person int the dowiffs office, within 48 hours after any change in statn. The sheriff shall promptly notify each Institution of the sexual offenders pretence and any change In the sexual offender's onrollmont or omployment status. When a sexual offender roports at the sheriffs office, the sheriff ding take a photograph and a set of HngorprInts of the offender and forward the photographs and fingerprints to tho department, along with the information provided by the sextet offender. The sheriff shall proniptly provide to the department the Information I-arched from the sexual offonrkw. (3) Within ea hours after the report 'ewe rxl under subsection (2), asexual of ender shall report in porton at a dthces license office of the Department of Highway Safety and Motor Volsides, unless a drIve^s license or Identification card that complies with the roquiroments of s. 322.141(3) was previously secured or updated under s. 944.607. At the driver's license office the Douai offender shall: Fa) If ethernet° qualified, cetera a Florida <hinny's titans°, renew a Florida drivor's license, or securer an Identification card. Ile seated of louder shrill Idernify himself or herself to a sexual offender who Is required to comply with this section and shall prmAdor proof that the Ionia! offorwier reported as rentutod In subsection (2). The sexual ofTendoc shalt provide any of the information speciflod In subsection (2), If requested. The sexual offendor shall sdwnit to the netting of a photograph for tree In hosing a driver's ricers', renewed license, or Identification card, and for one by the department In maintaining current records of sexual of fenders. EFTA00180966
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A41 04/26/2010 14:51 3553626 4 CIRCUIT CRIMINAL PAGE i 512P (b) Pay the cosh anoned by the Ocipartinont of Highway Safety and Motor Vehiclos for issuing or renewing a drivor's license or ithantification cord as requited by this section. The driver's Ikons or identification card Issued must ho In compliarro with s. 322.14101. lc) Provide, upon roquicnt, any additional Information necessary to confirm the Identity of tie secure otherwise, Including a set of fin reprints. Offal Fisch time a tosua4 offonfar's driwer's license or ichentlfiration card is subject to renewal, and, without regard to the status of the offender's driver's license or idontification card, within 4A hours rifts any change in tin offender's permanent or temporary rOPt.ferscO or change hr the offender's name by reason of marriage or other legal prates, the offender shall roport In person to a drher's Ikons° office, and shalt be subjact to the requirements specified in subSortion ()). The Westmont of Highway fmfoty, and Mots Vohiclos shish forward to the department all photographs and informstion presided by sane( offenders. Notwithstanding the rintHctiom sot forth In s. 322.142, the Department of ifighway Safety and Motor Yohlclos is authnrirod release a ropredurtion of a color-photograph or digital-Imago If rens to the ffilPartrimot of Law Enforcement for purposes of pSalfc notification of sexual offenders es presided In this suction and ss. 943.043 and 944406. Ib) A stoma! offands who vacates a permanent tosidence and tan% to 011ith4lS)1 a maintain another portion...its temporary nnithinco shall, within 49 hours attar vacating the permanent reshilonca, report in person to the sheriffs office of the county 1n which ho or she is located. The sexual offender shall specify the data upon which ha or she fry/froth to or did vacate such radearte, The sexual offender must pro-vide or update all of the registration Information rentdred Lawler poragapb (2)(b). Thu menial offender mutt provide an address for the ruslcionco or mbar locntion that he or she is nr will be occupying during the Nino In which he or she falls to ortatslfsh or incifntain a manors/tor temporary rcnIclotto. (c) A sexual offender who rut-nolo% at a per monamt (midair-rye after roporting his or her intent M N.-fecal:a suds residence duff, within 41 hours after the date upon which the offender Indivnted he or she would or dfd verate such residence, repot In person In the agency to which he or she ravened pennant to paragraph (Whir the purpoto at reporting his or her address at such rosidence. When the shcwiffi taboos the report, the sheriff shall promptly convey the information to Ow deportmont An offender who molon a report as required under paragaph (b) but fails to make ■ report in moulted under this poriorapticammits a felony of the second dogroe, puthablo as provided In s. 775. t11t2, s. 7.75.003 m s 775,0*4. (d) Asexual offencier must rockter any electronic mail address or Instant message name with the ciopartmont prior to using such oloctronic mall /Adorn or lints* message mono oo or affix October I, 2007. The department shall establish an online systorn through which sexual offenders may securely oceans and urwinto all electronic mall address and instant massage name information. IS) This section does not apply to a sexual °florists who Is also a sexual prnciator, as dofinod In s. 775.21. A sexual predator most register as sap/Intl railer s. ( 6) County and local law cmforcorriont agencies, in conjunction with the department, shall verify de addresses of sexual offenders who are not under the core, custody, control, or supervision of the Dapartmont of Correction In a manner that is consistent with the provisions of the fads* Adam With Child Protection and Safety art of 2006 and any °thew (sterol Aaortards applicribi• to such verification or required to be mot as a condition for the receipt of federal finis try the state. Local law *enforcement agendas shall report to the deportment *my failure by a soma( offender to comply with registration roquiromomits. EFTA00180967
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A42 04/2 ?OlP 14:El 31,5AU2E, CIRCUIT CRIMINAL PAGE 15/20 • (7) A sexual offondor who intonds to establish rusidonco in ;moths, stoto or jurisdiction otbor than the Store of Florida shed( report ill parson to the shrill of the county of current residence within 4/5 hours before the data ho or she intends to heave this state to establish residence in another !Eno or Jurisdiction. Tito notification most include the address, municipality, county, and state of Intendod residonra. The sheriff shall promptly provide to the dopartinont tlw information roceirod from tie tonsil offondor. The department thrall notify rho statewide law onforcoment agency, or a comparable &gooey, in the intended state or jurisdiction of residence of the sexual offonclor's intended residonco. The failure of a sexual °Fronde to provide his or her Intandsof place of residence fs punishable as provided in suthection (91. (8) A sexual offonder who indicates his or her intent to reside in another state or jurisdiction other than the State of Florida and later docks,: to remain In this date shall, within 48 hours after the date upon which the sexual offender indicated ho or she would leery this state, repot in person to the sheriff to which the wain; offender reported the intended change of residence, and report his or her Intent to remain In this state. The sheriff shall promptly report this information to the dopartment_ A !OXIDIC offload*, who reports his or her intent to radio in another state or Jurisdiction but who remains in this state without reporting to Ow Peril! In the marina required by this subsection conanfts a (dory of the second dowse, ounishabia as pros•kiorl ins 775fieR, I. 77S.041, at s. 775.084. 19)14) A soxue! ofTandar who doers not (-amply with the roquirsononts of this section commits a Mowry of tun third degree, punishable as provided In s. 775.082, s. 775.0153 or s. T75.081., at) A sexual offender who commits any act or omission in violation of this section may bo prosocutoel for de act or omission in the county in which the act or omission was committod, rho county of the last registered address of the sexual ofFanda, or Elm county in which this conviction sacirrnol fur the offense or offenuet that moot the crawls for designating a person as a sexual offender. Ic) An arrest on charges of failure to roglstor when the offondor has boon provided and air cod of his or her statutory obligations to molests'', corder subsection (7), the service of an informstion or a complaint for a violation of this section, or an arraignmort on charges for ff violation of this suction constitutes actual notice of the duty to register. A sexual offondels failure to immetatoly register as required by this section following such arrest, service, or arreignmord constitutes grounds for a subsoquont chorea of failure to register. A sexual offender charged with the crime of father; to register who assorts, or Intends to assert, a lack of notice of the duty to nights, as a defense to a charge of failure to register shall Immediately register en requirod by this suction. A sexual °florets, who is chortled with subsequent fathro to register may not assort the defense of a Lack of notice of the duty to register. (d) Rogleration following such arrest, sorvico, or arraignment is not a dofrrco and door not follow the sexual offender of criminal liability fro this father) to Witte!, 110) The department, the ()apartment of highway Safety and Motor Vehicles, the Depart/nom of Corrections, the Depart/nerd or Juvenile Justice, any law enforcement agency in this stair, and the persormsg of those departments; an elected or appruntori officio!, public employee, or school administrator-) or an omployoo, agency, or any individual or entity acting at the regnant or upon the diroction of any law eoforcornont agency is immune from civil liability for damages for 0004 fold, complforce with the requirements of this !action or for the roisrase of information under Urn umtion, and shalt be mourned to have actod In good faith In compiling, recording, reporting, or naloasing the information. The prorsumption of good faith is not overcome If a tochnical or clerical error Is mndo by the department, the Department of highway Safety and Motor Yohisies, the Department of Corrections, the Dopartment of Armful° EFTA00180968
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A43
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3553626
•
CIRCUIT CRIMINAL
PAC£ 17/28
Justice, the personnot 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 faits to report or falsely
(sports his or her current place of permanent or temporary residence.
(")
Except as provided in s. 943.04354, a casual offender must maintain registration with the
rioPkrtosent for the duration of his or her life, unless the sexual *Mender has received a halt
pardon or has had a conviction sot asido in a postconviction proceeding for any offense that
meets the criteria for classifying the person as a sexual offender for purposes of registration.
Flowing., a sexual affinity:
(all. Who has been tearfully released from confinement, supervision, or sanction, whichever is
latest, for at West 25 years and has not boon arrested for any felony or misdemeanor offers
since release, provided that the visual offender's requirement to register was not based upon
an adult conviction:
a. For a violation of s. 787.01 or L. 7!7.02;
b. ror a sit:dation of s. 794.011 oecludlng s. 794.011(10);
C. rot a violation of S. 8O3.1:111(41(b) whore the court finds the offense imolvod a victim under
12 yoan of age or sexual activity by the use of force or coercion;
d. roe • violation of I. 600.01(5)(b);
o. rot a violation of s. 8130.04(5)c.2. -taro the court finds the aflame Invoked unclothed
genitals or genital area;
f. For err/ attempt or conspiracy tocommit arty such offense; or
g. pare violation of similar law of another JuriSdIction,
may petition the criminal division of the circuit court of the circuit In which the sexual
offender reticles for the purpose of removing the requirement for registration as a sexual
offender.
2. The court may grant or deny toilet if the offender demonstrates to the court that ho or she
has not been arrested for any crime since release; the requested relief complies with the
provisions of the fedora( Adam Walsh Child Protection end Safety Act of 2006 and any other
foderal standards applicable to Use removal of registration requirements for a sexual offender
or required to be met as a condition fay the receipt of federal funds by the %taut; and the court
is ,tiered* satisfied that tiro offender Is not a currant a potential threat to public safety. tier
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 relic( a may othereno dennorrstreto the reasons why the petition
should bo denied. If the court donim the petition, the court may sot a future data at which the
sexual offender may again petition the court for relief, subject to the standards for rolled
provided in tit subsection.
3. The deportment shall romovo an offender from classification as a sexual offnmfre for
purposes of registration If the offender provides to this dapartmont a certified copy of the
cotres writton findfreas or order that indicates that the offender is no longer rewired to
comply with the requirements for registration es a sexual offender.
EFTA00180969
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A44 04/26/2010 14:51 2553626 CIRCUIT CRIMINAL PAGE 10/20 (b) as defined in sob subparagraph (1)(a)1.b. must maintain ragisuation with the dopartmerit for the duration of his or herr life until the person provides tin dopertroont with an order issued by tiro court that derducartrad the person as s sanituni predator, as a sonatly vinlont predator, or by another sexual offender dasigrustien in the state or Jurisdiction in which the order was issued which staters that such designation has boon removed or demonstrates to the departmont that surfs designation, if not Imposed by n court, has boon removed by operation of law or court order in the state or Jurisdiction in which the designation was made, and provided such penem no longer moots the criteria for registration as a sexual offender untie the laws of this state. (12) lho Legislature finds that sexual offonders, especially those who bevel committed offenses against minors, often pose a high risk of origaginc In sexual offenses aeon nftor being roloasnd from incarreraition or commitnwint and that protection of trip public from sexual offenders is a paramount govorintent interest. Sexual offondars have a reduced expectation of privacy bucatna of the public.% Interest in public safety and In the effective *potation of governmant. Releasing information ()oncoming sexual °fronds's-% to low ordorcornont agendas and to parsons who ratios's/ such Information, and the release of stall Information to the public by a law enforcement agency or public agency, will further the governmental interests of public safety. rho designation of a parson as a sexual offender Is not n sentence or a punishmaret but is simply the status of the offender which is the result of a conviction for haying rommittad cortain crimas. (13) Any person who has reason to hallow that a casual offender is not complying, nr has not complied, with the raquiremonta of this section end who, with the intent to assist the sexual offender in dueling in law enforcement nooncy that is seeking to find the sanest offonder to question the woad offender about, or to arrest the sexual offender for, his or her noncompliance with the requirornonts of this section: le) Withholds Information from, or does not notify, the law anforsernent agency about ttes sexual offender's noriremplianco with the requirements of this section, and, If known, tin whereabouts of the, sexual offender; (b) Harbors, or attempts to harbor, or assists another parson In harboring or attempting to harbor, the sexual offender; or (c) Conceals or attempts to concaal, or assists another person In conr.ealing or attempting to concord, the sexual afar:for; or Id) Provides information to the law enforcement agency regarding/ the sexual offender that the parson knows to he false Information, commits a felony of the third dogree, punishable as provided In s. 775.082 s. 775.083, or 5. 775.084. (I4Ma) A sexual offeendor must report in parson each 'ear during the month of the sexual °grassiest's birthday end during the sixth month following the lanes/ offentfor's birth month co the thud rn. office in the comIty in which ho or she resides or Is otherwise located to reregister. (b) However, a sexual offender who is required to register as a result or a conviction for: I. Section 787,01 or s. 787.02 whore the victim Is a Minor and the offender is not the victon's parent or guardian; ( EFTA00180970
Sivu 51 / 102
A45 94/26/2010 14:51 3553626 0 I. Section F94.01I excluding 1. 794.011(10): CIRCUIT CRIMINAL PAGE 19/20 3. Section 6130.04(4)(b) whore the court finds the offerers involved a victim under 12 years of age or sexual activity by the on. of force or coo -clan; 4. Section 000.04(5)(b); S. Section It00.04(5)(O1. whore the Coln finds molestation involving unclothed genitals ci genital area; 6. Section 800.04(Sic.2. whore the court finds molestation involving unclothed genitals or gerdtal era; 7. Section SOO 04(5)(d) whore the court finds the use of force or coercion and unclothed ganitab or genital area; S. Any attempt or conspiracy to commit such °Roma; or 9. A violation of ■ similar law of another Jurisdiction, must nwegister each year dining the month of the sexual offender's birthday and every third month thereafter. (c) The sheriffs office may determine the appropriate times end days for reacting by the sexual offender, which shall be consistent with the reporting requirement of this subsection. Reregistration shall include arty changes to the following information: 1. Name; social security number; ago; 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 a out of state, Including a rural routs address and a post office box; any electronic moll address and any Instant menage name required to be provided Influent to paragraph (4)(d); date and place of any omplayrnent; vehicle make, modal, color, and license tits number; fingorprints 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 venial offender shall also provide to the department the name, address, and county of each institution, Including oath campus attended, and the sexual offender's enrollment or reformat status- 7. N the sexual offender's piece of residence is a motor whirls, trailer, mobile home, or manufactured home, as defined in chapter .320, the sexual offender shall also provide the vehicle Identification number; the Hera tag number; the registration number; and description, Including color schema, of the motor vehicle, trailer, mobile horn., or manufactured horn.. If the sexual offender's place of reddence Is a venal, 11w-aboard vosse, of houseboat/ad./fined in chapter 327, the sexual offender shall also provide the hull fdentiflation number; the manufacturer's serial number; the name of the vessel, Ilw-aboald weal, or houseboat; the registration number; and a description, fraud's, color scheme, of the vessel, Oa-aboard vessel or houseboat. 4. Any sexual offender who fells to report In parson as required at the sheriffs office, or who fails to respond to any address verification correspondence from the department within 3 weas of the date of the correspondence or who fells to report electronic mail addresses or EFTA00180971
Sivu 52 / 102
A46 04/26/2818 14:51 3553626 CIRCUIT CRIMINAL PAGE 28/28 instant message nem«, commits s felony of the third degree, punishable es provided In s. 775.082 s. 775.051_, or s. 775.064. (d) The sheriff's office shall, within 2 ~rains dons, dect►onlcally submit and update all information provided by the tonal offender to the department in a manner proscribed by the department. EFTA00180972
Sivu 53 / 102
A 4 7 Palm Beach Sheriffs Office Booking Card for Jeffrey Epstein, dated June 30, 2008 04/26/2010 14:51 3553626 NAME EPSTEIN, JEFFREY ALIASNAMES: OVER SNARE& EPSTE?, JEFFREY EPSTEIN, JEFFREY EDWARD - Mandel,. June 30.2006 11:33:10 AM INCARCERATION DATEmmE 06130/2006 11:12 PRISONER TYPE: LOCAL CHARGES 00D• RiS: AGE: 55 HEIGHT: SROI0 SSN: If/EIGHT: 200 ADDRESS: 358 EL BRILLO WY IOM: 2(080030061 SD P 06567245 ALIEN Pt Pm P. 7P17075K6 CITY: PALM BEACH CIRCUIT CRIMINAL JAC*" 03386170 IP" 2008039316 PALM BEACH SHERIFFS OFFICE BOOKING CARO SKO.LOC: MOBILE BOOKING BKO.IOr. 0548 HAIR COLOR: GRY EYE COLOR: KU STATE FL POUCH: 3050 AM' 7006038144 U.S. MARSHAL It OBIS /I: ARREST ADDRESS:205 N DIXIE HWY (MAIN CT HOUSE) CITY: WPC ARREST DATE: 08/30/2008 ARREST TINE: 1G 15 OKG. DATE: 06/3012001 WARRANTICASEN: ARREST OFFICER: DfS DELRAY° MANE OFFICER' WS MCINTOSH CASE TYPE RECOMMIT-FELONY NOTE STATUTE: CT: DESCRIPTION: 9999.0004 pm) I .RECOMMIT • .0 0 PROCURE PERSONUNDER AGE OP IS FOR PROSTITUTION,/ CASE: 2001CF009311AKX.W ZIP: 33480 NCIC: 00C INCIDENT 0: PAGE 84/20 CITIZEN COUNTRY: LISA STATE: Ft_ ZIP: MC. TIME: 11:12 CURRENT BOND: 10.00 COURT trAsiort ARREST AGENCY: 01 - PBSO TRANS. AGENCY: 01 - RDSO CASE FLAG: NO BOND • • • 7' 9.7;21 voFeeeit*.: CURibtio: HOLDS: 2 3 a: •••im.. ....•• .. . .m. ... • • • int - . ALERT DESCRIPTION: ALERT NARRATILIB: 7 .1.- •:..." 1 31 DNANor oN Flt eFrioWecrtiviatom . • .........._...._. - .... 2 3 1:1 7 —airTh iciofT • • • no" . • • •••T • • : . - HOLD DATE/TIME: HOLD BY: HOW DEPT: HOLD FIEM.DATVTIME. HOW REM. BY: HOLD REM. DEPT: .••••••• .........M.M•••••••••• •••• • •••••• ••• ••••••••fta• da l..• •• • • • •• L.:41••••=r - - - • KEEP SEPARATE PROM NOME NEM 6 ITAIAES: 0 IS SIGNED HOUSING: NTA DATE/TIME: ........ - ....... ICIC INTAKE! AOC RELEASE FP. ENTERED: ._ .. . 'ALMS REL.: PHOTO ID: CLASSIFICATION ISO. CLEAR AMU RELEASE MOVE: . .. . .... . .... .. EL EASE oArEnwe . RELEASE INFORMATION: OURT OATVIDAE: COURT LOCATION: . . • • -. — • • CLEFT( WARRANTS STATE Any u CENTRAL RCOs • • . 1 NS • 11-'.! 0 . . NTA LOC: F.P. CLEAR: . REDA:LEAR IN: De . . JUL: .1 2008 EFTA00180973
Sivu 54 / 102
A48
Order granting Jeffrey E. Epstein's Motion for Travel, dated December 18, 2009
IN THE CIRCUIT COURT OF THE FIFTEENTH
JUDICIAL CIRCUIT IN' ND FOR PALM BEACH
COUNTY, FLORIDA - CRIMINAL DIVISION
CASE NO:
STATE OF FLORIDA
VS.
•
\
Lere
re)
rr
e
Delendant.
rti 1/40,{
DER ON MOTION 0 )
)
c?ok4 C.f- cp)I1)\-* thri?
FILED
Okoult Criminal Department
Litt; i 8 2009
SHARON R. BOCK
Clerk & Comptroller
Palm Beach County
fr~
THIS MATTER comes befoie the Court upon %P I
-twv -
•
The Court, having been made aware that both counsel him agreed to said motion..
Accordingly, it is hereby:
ORDERED and ADJUDGED that (7
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I. tmetelo, ctA\-1 tin ,..YzARJ)
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JeoeC,/
DONE and ORDERED in Chambers,
est Palm Beach, Palm Beach County,
Florida, this
day of
.2;
•
(), .(2.7act
ircuit Court Judge
iffin
EFTA00180974
Sivu 55 / 102
Ah Equal Cronin* Employer 2601 Blair Stone Rood Tallahassee, FL 32399.2500 Date: 7/202010 Mr. Epstein 358 El Brillio Way :On Beach. FL 33480 Dear Mr. Epstein A49 Letter from Florida Department of Corrections Regarding Termination of Supervision, dated July 21, 2010 FLORIDA DEPARTMENT ODRREETI0NS Iteltallia.71; (01049 of fillsge ps pi'. Bock et &Pk L Governor CHARLIE CRIST Secretary JAMES R. MeDONOUGH. littp://www.destate.flus RE: TERMINATION OF SUPERVISION DC# W35755 DOCKET/UCNO(S)122=E2021UXXX leathern hereby notified that you have completed your term(s) of supervision, as referenced above, and are no longer under the supervision of the Department of Corrections. If you were adjudicated guilty of a felony offense, your name will be submitted to the Florida Parole Commission for consideration for restoration of the civil rights that you lost as a result of your felony conviction (right to vote, right to hold publio office, and the right to serve on a jury). If your rights are restored, a certificate of restoration of civil rights will be mailed by the Office of Executive Clemency to your last mailing address of record usually within one year following the termination of supervision. If your rights are not restored through this initial referral, you will be notified by the Florida Parole Commission and furnished an additional application for submission for restoration of civil rights with a hearing. If you have any questions about your civil rights, you may contact the office of Executive Clemency for further information by calling (850) 488-2952 or by writing to that office at Florida Parole Commission, 2601 Blair Stone Road, Building C,.Tallahassee, Florida 32399-2450. Information and application toms may be accessed through the following web site: www.statc.fLusifoc/exolent.html. After eight (8) years from termination of your supervision, you may apply to regain your right to own firearms. Applications can be obtained from the Office of Executive Clemency or be accessed by tho web site noted above. If adjudication was withheld, you did not lose your civil rights, however, the Florida Department of Law Enforcement (FDLE) may refuse the right for you to purchase, a. firearm following successful completion of supervision, pursuant to Section 790,065 Florida Statutes. Contact your local FDLE office If you have questions regarding this law. I would lilnt e ten t okoliutShes tor a very successful future. Sincerely, V t Candice Elkins 181 If you were on supervision for a sexual offense, attached is a copy of the Notice of Responsibilities, which outlines your continued responsibilities in accordance with Florida Statutes. O If you were sentenced es a career offender, attached is a copy of the Career Offender Notice of Responsibilities, which outlines your continued responsibilities in accordance with Florida Statutes. Original: Offender Copy: Offender File Florida Parole Commission (if applicable) Clerk of court (If required) (Revised 03/03) EFTA00180975
Sivu 56 / 102
A50 Letter from Palm Beach Sheriff's Office Regarding Jeffrey Epstein's Participation in the Work Release Program, dated August 12, 2010 elliattelittF€1; OFFte RIC I.. BRADSHAW. SHERIFF August 12th 2010 To Whom It May Concern: DEPUTY K. SMITH 3656 ALTERN DY UNIT PHONE: FAX: (561) 688-4929 Jeffery Epstein DOB was a participant of the Palm Beach County Sheriffs Office work release program. Epstein was a participant of the work release program starting 10/10/08 and ending 07/22/09. If you have any questions or concerns please contact me. Deputy K. Smith 3228 Gun Club Road • West Perm Beach. Florida 33406.3001 • (561) 688-3000 • http://wwni.pbso.org -t- sturmit. Manna I EFTA00180976
Sivu 57 / 102
A51 Letter from Jack A. Goldberger to NYS Sex Offender Registry Regarding Florida Registration Level applicable to Jeffrey E Epstein, dated August 12, 2010 . A51-A52 I Ai-If REMY GOI DIM Raft WEISS, ' JOSEPH RATTERBURY I JACK A. GOLDBERGER JASON S.WEISS 'Board Certified COminalTrialAttorney I Member of New Jersey a Florida Bars August 12, 2010 New York State Division of Criminal Justice Services Sex Offender Registry 4 Tower Place Albany, N.Y. 12203 RE: Jeffrey E. Epstein To Whom It May Concern: The undersigned represented Jeffrey E. Epstein in the investigation that lead to his entry of a guilty plea on June 30, 2008 to a felony charge in the State of Florida that required sex offender registration. The purpose of this letter is to clarify the level of registration that was applicable to Mr. Epstein's case Under Florida's registration scheme there are two levels of registration available based on a risk assessment. Florida characterizes these two levels as sexual predator and sexual offender. The sexual predator designation is obviously the more serious classification. Mr. Epstein, based on the offense on which his guilty plea was entered, was classified as a sexual offender, Florida's lowest level of sexual registration. In fact, within the sexual offender designation there are two sub-levels of reporting requirements. One classification requires reporting to the local Sheriff's Office twice a year and one requires reporting four times a year. In Mr. Epstein's case he is required to report at the lowest level, two times per year. Accordingly, under the Florida registration scheme, Mr. Epstein's registration requirements are at the lowest level for a person for whom registration is required. During the incarcerative portion of Mr. Epstein's sentence, he was allowed to participate in the Sheriff's Office work release program, an option that would not have been available to him had he been at a higher registration level. Additionally, while Mr. Epstein was in probationary status, he was allowed to travel on a limited basis for business purposes. This would not have been available to him had he been classified as a sexual predator. One Clearlake Centre. Suite 1400 250 Australian Avenue South West Palm Beach. f L 33401 p 561.659.8300 f 561.835.8691 www.agwpa.com EFTA00180977
Sivu 58 / 102
A52 • I hope this information assists your department in determining the registration requirements for Mr. Epstein. Should you desire to speak to me or need any further information, please feel free to contact me. V s, JAG/slm Jack A. Goldberger EFTA00180978
Sivu 59 / 102
A53 Letter from Martin G. Weinberg to NYS Board of Examiners of Sex Offenders Regarding Risk Level and Designation Determination for Jeffrey Epstein, dated August 16, 2010 Ipp. A53-A571 MARTIN G. WEINBERG, P.C. ATTORNEY AT LAW 26 PARK PLAZA. SUITE 1000 EMAIL ADDRESSES: BOSTON, MASSACHUSETTS 02116 August 16, 2010 New York State Board of Examiners of Sex Offenders 4 Tower Place Albany, New York 12203-3764 Re: Jeffrey Epstein NYSID Dear Sir or Madam: This letter and the accompanying materials are submitted to the Board pursuant to its notice of August 2, 2010, concerning the risk level and designation determination to be made with respect to Jeffrey Epstein. Their purpose is to demonstrate to the Board that, based upon Mr. Epstein's history and personal characteristics, the circumstances of the offense which triggered the registration requirement, his acceptance of responsibility, his successful completion of his sentence and subsequent supervision, and the extraordinary unlikelihood of his ever again reoffending, the appropriate risk level designation is level 1. Overview Mr. Epstein, who is presently 58 years old, is a successful and respected financial advisor who also founded and heads a philanthropic organization, the C.O.U.Q. Foundation, Inc. which funds medical, educational, and advanced scientific research. The offense which led to the requirement that he register as a sex offender in Florida, which in turn triggered this state's reporting requirement, ended almost five years ago and involved an exchange of money and consensual conduct with a young woman who, for all but a few months of the prostitution offense charged, was over the age of 17. Notably, as addressed in greater detail, infra, the conduct which occurred after A.D. reached the age of 17 would not even have been a misdemeanor under the cognate New York statute at the time the offense was committed. Mr. Epstein pled guilty to that offense in the Circuit Court for Palm Beach County, Florida, and has fully and sincerely accepted responsibility for his conduct. There have been no subsequent incidents of criminal misconduct of any description. EFTA00180979
Sivu 60 / 102
A54 Florida has classified Mr. Epstein as its lowest level sex offender, with the lowest level of reporting requirement, as verified by the attorney who represented Mr. Epstein in the Florida proceedings: Under Florida's registration scheme there are two levels of registration available based on a risk assessment. Florida characterizes these two levels as sexual predator and sexual offender. The sexual predator designation is obviously the more serious classification. Mr. Epstein, based on the offense on which his guilty plea was entered was classified as a sexual offender, Florida's lowest level of sexual registration. In fact, within the sexual offender designation there are two-sub-levels of reporting requirements. One classification requires reporting to the local Sheriff's Office twice a year and one requires reporting four times a year. In Mr. Epstein's case, he is required to report at the lowest level, two times per year. Accordingly, under the Florida registration scheme, Mr. Epstein's registration requirements are at the lowest level for a person for whom registration is required. Letter of Jack A. Goldberger, Esq., Ex. A. That Florida authorities did not— and do not — believe that Mr. Epstein presented a risk of reoffense is evidenced not just by Mr. Epstein's lowest-level reporting designation but also by the fact that he was permitted, while serving his sentence in the West Palm Beach County Jail, to leave the jail on a daily basis on work release for most of the period of his 13-month incarceration and that during his subsequent year of community control supervision (a probationary-type sentence), both the court and his probation officer agreed to permit him to travel outside Florida for business purposes on a significant number of orrnsions. He has now completed his year of community control supervision, having fully complied with all the requirements and obligations imposed on him. In addition, Mr. Epstein has participated in therapy with a clinical psychologist, Stephen R. Alexander, Psy. D., who, based on his evaluation of, and therapy sessions with, Mr. Epstein and his long experience as a forensic psychologist, attests that Mr. Epstein presents no threat to the community and that the risk of his reoffending is "negligible": Since my initial assessment of Mr. Epstein he has been extremely cooperative with all of the services provided to him. He has spent a great deal of time and energy focusing on his behavior and the attitudes, beliefs and expectations that undergird his approach to life. He has examined his priorities and undergone a comprehensive self-exploration on more than one occasion, primarily because of the vast changes that have occurred in his life and the upheaval these events have caused. Throughout it all Mr. Epstein has remained willing to focus on himself and how to turn even the most dire personal circumstances into productive experiences to the fullest extent possible. In my opinion Mr. Epstein has been highly cooperative with and benefited from the treatment provided. Relying upon my 25 years of experience as a forensic psychologist and the plethora of data gathered by me, I state with confidence that Mr. Epstein poses no threat to himself or the community. It is abundantly clear that he has learned his lesson and the probability of his reoffending is negligible. Mr. 2 EFTA00180980