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FBI VOL00009
EFTA00792400
100 sivua
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A37 04/26/2010 la:51 3553626 CIRCUIT CRIMINAL PAGE. 11/20 901.101 Terme end correlations of community control and criminal 4u/cantina community (11 Pro court shall dots-mina dm terms and condition's of community control. Conditions specified in this subsection do not require oral pronounerriont at the time of contenting and may ba considered standard conditions of community rants-at fa) The court shill roquire Intornios suporvision and surveillant° for an ottani:for placed Into community control, which may include but Is not limited to: I. Specified contact with the parole and probation officer 2. Confinement to an agrored-upon radiancy (firing hours awn from eirtployrriont and gbh( service activities. .1. Paandatory pubilc service. 4. Supervision by the Departriscrrt of Corrections by moans of an electronic monitoring (Swine or %Warn. S. The standard conditions of probation set forth in s. 561.03, (6) roe an offprint placed on crimind tparontirsa community control, the court shell niquiro: 1. Electronic monitoring 24 hours par day. 2. Confirtnimont to a designated roadance dudrq designated hours. (2) The onurnation of specific kinds of terms and conditions does not prevent the coin from adding thereto any other terms ar conditions that the court tortrldars pnspor. Howesor, the sentencing coast may only Impose a condition of *supordsien allowing an offender convictod of s. 74/.011. s. 800.04 s. a27.ort, or s. 647.0145 to !nicks in anther state if the order stip-limn that it Is contingent upon the approwl of the receiving state interstate compact authority. Tho court may mord or modify at any time the twins and conditions thaindeforo Imposed by It upon the affords* in community control. However, If [bra court withholds adiudicatIon of wilt er Imposes a period of inornaretIon as a condition of community control, the period may not unread 364 days, and Incarceration shall be restrictod to a county facility, a probation and restitution center under the Jurisdiction of the Department of Corrections, a Or"brifion Program drug punishment phase t secure rosidartiol treatment institution, or a community residential fedi fty owned or operated by any entity providing such servitors. (3) Me coin may pin a dofordant who is being sentenced for criminal transmission of HIV in violation of s. 775.0877 on criminal quarantine community rommt. The Department of Corrections shall dcnalop and administer a criminal quarantine community control Plage WI amphicdring internva supervision with 24 tow-per-day electronic monitoring. Criminal quarantine community central statue mint Include surveillance and may Includes ether measures normally associatud with community control, except that specific condition nocinsary to monitor this population may be ordered. EFTA00792440
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A38 04/26/2810 10:51 3553626 CIRCUIT CRIMINAL PAGE 12/26 • '941.0411 sonsai offends-1 required to rrodstarr with the depairrmanr.; penalty- - nil As used in this suction, that term: hall. 'Sexual offender mourn a person who mains duo critorie in sub-subparagraph a., sub subparagraph b., sub-subparagraph c., or sub-subparagraph d., as follows: e. (I) tars bean convIctod of committing, or att0fliptirre, soliciting, of conearing to commit, (wry of the criminal offernos proscribed in the following ~betas In this state or similar offenses in Onotivoir jurisdiction: s. 787.01, %. 78/.02 or s. 78/.015(2)(cl, whin the victim Isa minor and the dafandant is not the victirres parent or Øen; s. 794.011, excite:bop s. 794.011(101; 5 7,4.05; s. 796.03. s. 796.031; 2. 800.04; s. 825.1025; 5. 827.071; 1. M7.0 DI; 1. 847: 0115, auluding s. 847.0115(4); s. 847.0137; s.1147.0118; s. 641.0149; or s. 985.70111); or any Similar Of1/4 115ecornmittod In this state which has bean nedlosignated from a humor stain number 10 OM of tØ listed in this sub-sub-subparregraph; and DI/ Has bean ratans] on or after Ortohror 1, 1997, from the sanction imposed For any conviction of an offense dawdled In sub-sob-subparagraph (i). For purposes of sub-sas subparagraph (1), a sanction imposed in this state or Cr' any other jurisdiction Includes, but is not limf tad to, a fine, probation, community control, paroles, conditional »sienna, control »Aetna, or incarceration in a state prison, %dared prison, privates correctional facility, or local detention facility; b. Establishes or maintains a rinidance In this state and who has not ham designated as a ale predator by a court or this state but who has been designated es a sexual predator, as sexually .fehint predata, or by another sorted offend° designation in another state or jurisdiction and was, in a rosuit of such designation, a/bloc/tad to rogIstration or rarnme miry nr public notilkation, or both, or would ha if tine parson wrap a ~Went of that state or jurisdiction, without mead to whether the person othancrlsa moots the criteria for rogistration as a surd offender; c. Nutblishers or maintains a residence in this state who is In the custody or coning of, or undar the supervision of, any other state nr jurisdlcdon as a »nick of a conviction for centrrdtting, or attarnptlng, salidtIng, or compfrIng to commit, any of the criminal *flames proscribed In the following statutes a similar offense in another hirisedIction: s. 717.02, or s. 787.025(2)(c), whom the victim fs • minor and the dafandant is not the victim's perant or guardian; t. 794.011, occluding s. 794.011(10); s. 794.05; 1. 798.01; s. 796.035; s. 800.04; 1. 825.1025; a. 827.011; s. 847.0131' s. 847.0135, Gaoled's:re 3. 841,0/35.(4); s. 847.0117; L •47.0/38' s. 1447.014S; or 3. 985.70111.); or arty similar efforts. committed In this state sich has boon nadeatIgnitied from a /tumor statute numb to ono of those listed In this sub-subparatillive el, On or arbor July 1, 2007, hisboon adjudicated delinquent for committing, or attempting, soliciting, or conspiring to commit, any of th• criminal offenses proscribed in the following statutes in ties state or similar offenses in anodise jurisdiction whim the jovanite. was 14 rests of flea or older at Use time of the °Noma: fl) SaCtiOn 794.011, ;occluding 1. 794.011 f 10); Mil Section sco.04i4nb) where the victim /5 unclog 12 years of ago or whore OW court Finds sagtet activity by theta* of farce or coercion; OW Section tIOD.04(5)(c)1. whin the ant linds molestation involiing unclothed genlua EFTA00792441
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A39 41.1/21,tiniti H:51 3553626 CIRCUIT CRIMINAL PAGE 13/20 (IV) Suction 600.0-1(5)(d) when the court finds the use of fovea or coercion arid unclothed gortitalt. 2. Foe all qualifying offornos listed In sub-subparagraph Mint .d., the court shall make a written finding of the ay. of the offender et the tine of the affirm.. for each violation of a qualifying offense listed In this subsection, the court shall make a written finding of the ago of the frictirn at the lima of the offense. For a violation of s. 600.01(1), the court shall additionally make a writton finding Indic/ding that the offers. did or did not frnastfasenal activity and (ndfcatirq that the offonse did or did not fewobie forty or coercion. For a ablation of s. 800.04(S), the coin shall additionally make a wrftton finding that the offense dfd or dirt not Involve unclothed genitals or gang area and that the efforts° did or &el not Involve, the use of forty or coercion. (Is) torractor means that there has bean a determination of guilt at a result of a trial or the catty of a plea of guilty er nobs contandere, regardless of whether adjudication Is withheld, and includes an adjudication of dellnquancy of a juvenile, as %pacified In this soction. Catniction of a grittier efforts. Includes, but Is not limited to, a comic-Han by a federal or military tribunal, fncludIng coins-mania conducted by the Armed Forces of the United Stator, and indudos a conviction or entry of a plot of snotty 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. catentalty control, parole, concationd rabies., control relater, or Incarceration in a state prison, federal prison, privet. correctional facility, a local detention facility. (c) 'Pennine* restkarce- and -temporary rolfdance- hove the sumo manning ascribed Ins. 775.21. (d) institution of higher education- moons a clever cantor, community college, college, state university, et indarandent postsecondary institution. (o) 'Change in enrollment of ompleyrnont stab.- moans the commencement or termination of unrollinent or employment reach...ye in location of enrollment or employment. (r) -Eloctronic mall azickies- hats the same meaning as provided Ins. 668.602. (g) 'instant message MIMIC TOWS an idontifior that allows /I person to colorist/Hotta fn coal time with another person using the Internet. (7) A sexual offorrfor (a) Rnport in person at the sheriffs office: 1. In the comity in which the offender establishers at maintains a ponnanwt or temporary rosidoncir within ite Noun after: a. establishing cormorant or temporary residonco in this state; or b. holm released from the custody, control, or supervision of the @apartment of Correction" or from the custody of a private correctional facility; or 2. In the cruelty whore he or she was convicted within 41 hors after hiring convicted for a qualifying offense for roglstration under this soction if the offends' Is not In the custody or EFTA00792442
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A40 04/26/2810 14:51 3553626 CIRCUIT CRIMINAL P4GE 14/2e control of, or under the swot -AEI on of. the DOWIrtmOot of Corrections, or Is not In the custody of a what., corracdonal facility. Pay change In the sexual offs s permanent or temporary residence, name, any electronic moll address and any instant message name required to be provided pursuant to paragraph (4)(d), after the word offends.• report In parson at the sheriffs office, shall ho accomplishod in the manner prodded fn subsections MI, 17), and la). 1.4 Provide Ms or her mono, date of birth, social security number, race, sex, height, weight, hair and aye color, tattoos or otter idantlfying marks, occupation and place of employment, address of permanent or logn1 residence or address of any current temporary residence, within thw mate and nut of state, including/antral route address and a pod office box, any electronic mail address and any Instant rnarsage name required to be provided pursuant to paragraph (41011, date and plea of each conviction, and a brief description of the crirmirovm .r0O% committed by the offender. A post office box than not bo provided In lieu of a physical residordial address t. tf der sexual offeeraes plan of residence Is a motor valid., trailer, mobilo homy, or manufactured hernia, as refined In chapber 320, the mum( offendor shalt also provide to the department through the sheriff's office written:dike of the vehicle Identification number; the flown° tag number; the registration number; and a description, IncludIna color schen*, of the motor yohlrla, trails, mobile home, or manufactured home tf the sexual offender's place of nnidanca (Sivessel, liva aboard snot, or houseboat, as donned fn chapter 127, the sexual offender shall also provide to the department written notice of the hull identification number; the manufacturer's serial number; the name of the vassal, live-aboard vassal!, or houseboat; the ragistration number, and a description, Including color scheme, of the wool, Use-aboard vessel, or houseboat_ 1. If the sewed offends Is enrolled, employed, or carrying on a sor.atIon at an Institution of htigior odunttion In this state, the %sue offender shall also provide to the deportment through the derrifrs office the nanny, address, and county of each institution, including each campus attordist, and the sexual offender's a►olimont or employment status. Each change in onrallment or employment stabs shell be repotted In person at the sheriffs office, within 44 hours after any change In status. The sheriff shall promptly notify each Institution of the saxual offender's pr.:manta and any chango In its sexual offenders onroltment or amployment status Whorl a sward offender capon at the sheriffs office, the sheriff shall take a photograph and a sot of fingarprints of the offender and forward the photographs and fingerprints to the siaeortmont, along rich the Informationprow:clod by the stifled effynder_ Thu sheriff shall prorbpdy provide to the dersartrnorrt the Information received from the sexual offendar. 13) Within asa hours attar the report requirod under subsection (2), asexual offender shall report in pan ate driver's Mane *Rico of the Department of Highway Safety and Motor Vohtcles, unless a dri wort Howse or identification turd that complies with the ramdrainems of s. 322.141(3) was previously sowed or updated under s. 944.607. At the drivels license office the sane' offender shell: On If otherwise qualified, socials a Florida drivar'S from°, renew a Florida drivoes license, or wrung an identification card. flea sexual offender shall Identify Mmseif or herself as a sexual offender who is required to comply with this section and shall provide proof that the sexual offserfer reported es readrod in subsection (2). The sexual offender shall provide any of tho information spaciflod In subsection (2), ff requested. Tie sexual offender shall submit to tho taking of a photograph for use In Issuing a driver's license, renewed license, or Idontification card, end for eye by the department fn maintaining currant records of sexual of (enders. EFTA00792443
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A41 04/26/7010 14:51 3553626 CIRCUIT CRIMINAL PAGE 15/20 • (b) Pay the cot assessed by lib Department of Highway Safety and Motor Vehicles for issuing or renewing a driver's linen° or idoistiRcetion card es required by this section. The driver's Ikons or tdereltketion card issued moo bo In complfarica with s. 327. 1410 1. (c) Provide, upon request, any adsfitioniM Information norossary to conflim the frivolity nI the sexual offender, Including a sat of fingerprints. (4)41 Each time a sexual effendi/es reisee's license or idontificetfan card is whim! to renewal, and, without regard to the status of the offender's driver's license or IdontifIcation card, within hours after arty change in de offender's permanent or temporary residence or change In the offendites name by reason of marriage* or other legal process, the offender shell roport in person to a driver's (kern office, and shall be subject to the naoulnenerns specified In scirsoc€or (3). The Department of Highway Safety moderator Vehicles shall forward to the department all plint.gracks and Information prodded by sexual offerdon. Notwithstanding the restrictions sat forth in >t 372.142, the Department of Highway Safety and Attar 1/chitties is authorized to releaser a roprodurtion of a color-photograph or dlgttal-image ikons"' to the Oefeltrtmaret of Law Enforcement for purposes of publk notification of sexual offenders as provided In this soction and Is. 943.043 and 944.606. Ib) Astound offender who vacates a permanent residanco and fails to establish or maintain another permanent or temporary residence shall, within 48 hours after vacating the pennanont rositionco, report In person to the sheriffs office of the county In which ho or she is located. The sexual offender shall specify the data upon which he or she intends to or did vacate such reddonce. The sexual offende most provide or update all of the recitation Information required cater paragraph m(b). The sexual offender must provide an address for thane:dunce or other location that he or she fs or will be oocupyirg during the time In which le or she falls to establish or maintain a poi mamma or temporary rosidonce. (c) A weed offender who rornalm at n permanent rosidenco after reporting his or her intent to vlicato 94c14 redden°. shwa, within 48 how: after the date upon which to affords Indkided 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 pcmposo of report-IN his or her address at surds roddino. When the tariff tearless the report, the sheriff shall promptly convoy the information to tie deportment An offender who makes a report an required under paragraph (b) but fait" to make • report as rags/food under this paregrapfs commits a felony of the second dowse, piarlstablo as provided In s. 775.182, s. 775.011, or s. 775.084. (d) Asexual offender must register any electronic mall atidross or instant message name with the clopertmont prior to using orb otoctrordc mail address or frrstant message name on or calor °entice I, 21117. The doparUnont shall ostablish an online system through which sexual offordors may securely accost and update all electronic mall athirst% and instant message anon information. 15) PM sortion dons not apply to a sexual offender who is also a saxuel predator, as defined In s. 775.71 sexual pradator mint reciter as required radar s. 775.21. (6) County and local law enforcement agencies, in conjunction with the department, shall verify the address:so: of sexual offenders who are not tads the care, custody, control, or supervision of the Dopartrnont of Corroctions fn a mannar that consistent with the provision of the federal Mam Wields Child Protaction and Safety Act of 2034 and any other federal sunients apolicebie to such varification or naquiroct to be mot as a condition for the rocept of Wenn finis by the state. local law onforcemont agoncias shall report to the department eiy failure by a sexual offender to comply with registration roquirernonts. EFTA00792444
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A42 CM/26/701P II: El :i553621 CIRCUIT CRIMINAL 16/29 (7) Asexual offers:1c who intonds to establish residence In another stet.) or jurisdiction other than the Stele of Florida shall roport in person to the sheriff of tin county of curium residence within 48 hours before the, data he or she intermit to leave this state to establish residency in another- states or Jurisdiction. The notification must include the address, municipality, county. and state of intended residence. The sheriff shall promptly provide to the department the information rocelved from the sexual offender. The department thee notify the statewide) law onforcoment agency, or a comparable agency, in the intended state or Jurisdiction of residont• of the sexual offancier's Intended residence. The !min of a sexual offender to provide his or her Intended place of residence is punishable es provided In sutrusction rot (a) A sexual offender who Indicates his or ha' intent to rondo in another data or jurisdiction other than the State of Florida and later decides to remain in this state shall, within de hours of the date upon which ti. sexual offender indicated he or she would leave this state, report in person to the sheriff to which the sexual offondwr reported the intended change of residonce, and report his or Per Intent to remain In this state. The sheriff shall promptly roport thls Information to the riopivtrrent. A sorrel offender who reports his or ter intont to resIckt in another state or Jurisdiction but who romalm in this state without reporting to the sheriff In the manner ruqulrod by this sutnartion commits a felony of the second degree, punishablo as pro...idol In 4 77.SC1187,„ 775.083 ne s 775.084. (Ma) A setterl offender who dome not comply with the require -its of this tarttlen commits a battery of tho third degree, pinishatite es provided in s. 775.082, 3- 775.(183., or s. 775.081: (b) A sexual offender who commits any act or omission In violation of this suction may be prsisocuted for the act or omission In the county In which the act or omission was committed. the county of the last nigh-tared address of the sexual offender, or the county in witch the conviction occurred far the offorrse ter offenses that meet the criteria for designating a parson as a sexual offender. le) An arrest an chews of Milieu to !nista when the offender has boon provided and advised of his or her statutory ebligatIorn to mesh" under uotnoction (7), the service of an information or a complaint for a 'violation of this section, o an arraidrunsint on charges for violation of this suction r.onstiturtas actual notice of the duty to register. A sexual offenders failure to immediately register as required by this section following such arrest, service, er arraignment constitutes rounds for a Subsequent charge of fif Lunt to register. A sexual offender charged with the crime of failure to rocstrsr who /MOM, or Intends to assort, a lack of notice of the duty to register as a defense teacher". of failure to rogIster shall immediately register in required by this section. A sexual offender who h charged with a whsoquent failure to register may not assort the defense of a lack of notice of the duty to registrar. (d) ftoirfstration following such arrest, service, or arraIrment h not a dot's's° and dons not relieve the sexual °Hendee of criminal liability for the failure to registrar. (10) The department, the Croparborent of Ftlidnerly safety and Pester Vehicles, the Department of Corrections, the Department of iuverdto Antice, any law artforrornant agency In this state, and On personnel of these departnionts; an idoctad or appointed official, public employee, or school adff4OIStfOtOf; or an ompfores, agency, or any Individual or entity acting at the roqtent or visor the diroc-t3on of any law enforcement agency is immune from civil liability for darnndos for good faith compitarico with the roquiromonts of this section or for the release of information under (Ms section, and shall be prattled to have street In good faith In compiling, rectstifirliti rePorting or releasing the information. Tho presumption of good faith is not overcome If a technical or clerical error is made by the department, the Department of :highway Safety end Motor Vehicles, the Department of Corrections, the Department of hoonlo EFTA00792445
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A43 04/2E/2010 14:51 355'3626 a CIRCUIT CRIMh, Al_ PAGE 1 '1' Justice, the pornennot of those departments, or any ItyliVtdvild w entity acting at the ruquett or upon the direction of any of those departments in compiling or providing information, nr if information Is Incomplete or incorruct bocatee a sexual offendor fails to report or falsely reports his or her currant place of permanent or temporary residonce. (11) Except as provided In t. 943.04354, a sexual offender must maintain registration with the department for the duration of Hs or haw life, unless the seem! offender has rerrolved a full pardon or Ns had a corrnction set aside in a poecorwiction proceeding for any offense Oat meats the criteria for classifying the person as a sexual offender for purposes of registration. hberrover, a Sextet offender: pet. Who fun been Lawfully released from confirannent, supervision, or sanction, whichever is later, for it least Z5 years and has not boon arrested fag any %tom/ or misdemeanor offorno since rinse, provided that the sexual offondoes requirement to register was not bawd upon an Mutt coreirtion: a. for is violation of s. n13.01 or s. 717.02' b. For • violation of s. 794.011 *educing s. 1910:IMO); c, rot a violation of s. 800.04(4)(b) whore the court finds the offense Involved a victim under 12 years of age or sextet activity by the use of force or coercion; d. row a violation of 1. 800.04.(5)(b); 0. Tog a violation of s. 600.04(5)c.2. where the court finds the ()Chime involviod unclothed asedests or genital area; V. for any attempt or cormirecy to commit any such °Mena; or Poe a violation of similar law of another jurisdiction, thlrYpetItion tin criminal division of the circuit court of the circuit In which the sextet offender resides for the purpose of removing the roquiromant for registration as a sexual offender. Z. TM cart may want or deny rolls( If the offender damonstratos to the court that ho or she has rot been an-nod for any crimp since rolease; the requested relief compiles with tho providers of the foderaf Men Walsh Child Protection and Safety Act of 2006 and any other federal standards apptleablo to the removal of registration rnquirements for a sexual &fonder or requIrod to be met as a condition for the receipt of federal funds by the state; and the court is otherwise satisfied that the offondar is not a claret! or potential threat to public safely the stets attorney in the cfnarit in which the petition is filed must be given netters of the petition at toad 3 weeks before the hearing on the matter. the state attorney may present evidence in apposition to the requested relief or may otherwise, demonstrato the reasons why the petition 511001t/ be dented if the court denies the petition, the court may sot a future date nt which the sououat offender may again petition the court (Or relief, subject to the standards for rehol provided in this subsection. 3. The department shall remove an °ff.:alder from dardficatfon as a sexual offondor for inspnun of registration If the offender provides to the dopartmont a cortiflod copy of the cotris written findings or order that irxilcatie that the offender is no longer required to comply with Ow roquiroments for registration as a sexual offendar. EFTA00792446
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A44 04/26/2210 14:'1 25573E26 CIRCUIT CRIMINOIL PAGL 10/20 its (b) As dofiniad in sub -subparagraph (1)(a)l.b. TIM maintain migration with the chapartmorit for the duration of his or her life until the person provides the dopartmont with an order Issued by the court that dosigrortod the parson as a sexual predator, as a venially vie:font predator, or by another sexual offender dosignatiori In the state or Jurisdiction fn which the order was mused which states thin such designation has boon removed or domonstrates to the dopartniont that such dinignation, if not Imposed by a rood, has boon annoyed by operation of law or ant artier in the state or Jurisdiction in which the designation was made, and providod such parson no longor meets the criteria for registration as a sexual offender under the laws of this state. (12) This Legislature finds that lanai offenders, especially those who haws committed offenses &rine. minors, often pt so a high rick of engaging in sexual offenses croon after being aground from incarceration or commit/rim* and that protection of the public from sexual offenders is a paramount gowernmorrt interest. Sexual (foaders haws • reduced expectation of privacy became of the public's Interest In public safety and In the affective operation of govornmont. Releasing information concerning sexual offenders to law enforcement agencies and to porsain who request such information, and the release of such Information to the public by a law enforcement agency or public agency, will further the giouarnmontad Interests of public safety. rho designation of a perWii as a spatial offender is riot a sentence at a punts/imam but is simply the status of the offender which fs the rostAt of a conviction for having comrnittod certain crimes. (13) Any pawn who has reason to holier* that a sexual offonder is not complying, or has not compiled, with the requirements of ties section and who, with the Intent to assist the Josue.% °Monist in eluding a taw enforcement agency that is socking to find the sexual offender to quentinn the sow& offend.- about, or to arrest the sexual offender for, his or her noncompliance with the requirements of this section: la) Withholds Information from, or does not notify, the law enforcement agency about the gum& offender's noncompliance with the roquIromonts of this section, and, If known, the "turnabouts of this sexual offender; (b) Harbors, or attempts to harbor, or assists another person in harboring or attempting to harbor, the sawn% offender; or (c) Conceals or attempts to conceal, or assists another mason In concoal frig or attempting to rorroal, the sexual offender; or Provides information to the law en forcoment agency regarding the sexual offender that the parson knows to be fah. Information, commits ■ felony of the third dogma, punishable as provided In s. 775.062 s. /75.063 Or I. 775.0a4. (14)(a) A sexual offender must report in parson each year during the month of the sexual offender's birthday and during the sixth month following the sexual offender's birth month ro the sheriffs offlco In the county in which ho or she redden or is otherwise located to rerogiter • (b) Flows, a sexual offender who Is unwired to register as a result of a conviction for: 1. Section 717.01 w s. 717.02 whore the victim Is a minor and the offender is not the victim's parent or guardian; EFTA00792447
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A45 0e/26/2010 14:51 3553626 CIRCUIT CRIOIN4,, • 2. Section 794.011, excluding s. 714.011(10): 3. Section 800.04(4)(b) whore the court finds the offense involved a victim under 12 years of age or scam& activity by the use of force or coercion; 4. Scathes 8OO.O4(5)(b); 5. Station 403.04(5)(c)1 where the court finds molestation irrailving unclothed genitals of genital anon; 6. Sectiont100.04(Sk.2. where the noun finds molestation involving unclattrad gortitals or genital are; 7. Section 2OO.O4(31(d) whore the court finds tile use of force or coercion and unclothed gardtals a genital arts; a. Any attempt or conspirer y to commit such offense; or 9. A violation of a similar law of another )urbdfction, must narogistor each year during the month of the sexual offender's birthday and mazy third month thereafter. (c) The sheriffs office may determine the oppiormatu times end days for reporting by the sexual OfirOrKhlr, Whitt Shea ba comfit's-it with the reporting roquinaments of this subsection. Rarogistratiaft that! Includo any charges to the following information: 1. Name; sockd security number; age; race; 39X; data of birth; height; weight; hair and oyo color; address of any permanent residence and address of any current temporary rosidence, within the stata or out of state, Incloollng • runt! route address and a post office box; any alectronle mail address and any Instant message name required to he provided pia-ward to paragraph ir4)(d); data and place of any omployment; sohiclo make, modal, color, and license tag number; fingerprints and photograph. A post office box shall not be providod 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 offander shall also provide to the department the name, address, and county of each institution, Including each campus attendod, and the sexual offender's °roc:lament or employment status- 3. if the mutual offender's place of residence is a motor vehicle, traitor, mobile home, or manufactured home, es defined in chapter 320, the sexual offender shall also provide the vehiclo Identification number; the titans° tag number; the registration number; and a description, including color scheme, of the wroth; outside, trailer, mobile horrio, or manufacturOd hones. If the saauat offender's place of (odds:ince Is a vessel, 11w-aboard vionor or houseboat, re defined fn chapter 327, the sexual offs der than also provide the hull Identification number; the pnanorfacturoes serial number; the name of the vessel, live-aboa. '.rntat, or houseboat; the registration number; and a description, Including color scheme, of the vessel, tivo-aboard vassal or houseboat. 4. Any %must offordar whir fails to report In parson as root/trod at the sheriffs office, or who foils to respond to any address verification correspondent from the department within 3 weeks of the date of the cerrespondance or who fails to import electronic mail addresses or PAGE 19/20 EFTA00792448
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A46 04/26/2010 14:51 3553626 • CIRCUIT CRIMINAL PAGE 20/20 Inflnt mound' name, commits a (deny of the third degree, punishable n provided In s. 775.082 S. 775.081, or s. 775.084. (d) Thu shores offke shall, within 2 vealting days, electiordcally submit and update sit information provided by the sowed offender to the department in a manner proscribed by the department. EFTA00792449
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A47 Palm Beach Sheriffs Office Booking Card for Jeffrey Epstein, dated June 30, 2008 04/26/2010 14:51 3553626 NAME: EPSTEIN, JEFFREY ALIAS NAMES: OVER I NAMEIES ERSTE.JEFFREY - cpsreti,JECFREY EOWARO - Monday. Juno 30 2004 PALM BEACH SHERIFFS OFFICE 11:33:10AM • CIRCUIT CRIMINAL jaaCen; 03386170 2008039316 traFICERATION DATE/TOME 06/30,92004 PRISONER WEE: LOCAL CHARGES oCe 01/2091953 AGE: 55 090.44.3344 ADDRESS: 358 a BRILLO WY IO A: 20040430081 SOP. 06547245 AUER FEN 181075K6 TT.I2 Ws: WRA HEIGHT 6SOm HEIGHT: 200 BOOKING CARO OK0A0C: MOBILE BOOKING BKO.101: 6548 HM COLOR: GAY EVE COLOR: 8LIJ O TT: PALM BEACH POUOT TOM NTS:. 20%038744 U.S. MARSKAI. COTS AIRIEST ACORESS:205 N DIXIE HWY (MAIN CT HOUSE) ARREST DATE: 06/30/2008 DIM DATE: 08/30/2008 WARRANAGASETT ARREST OFFICER' (WS DEIPLATO TRANS. OFFICER: MS mcinnosH STATE FL ZIP: 33480 HOC: 00C/: INCIDENT 0: CRY: NM ARREST TIME 10:15 MG. TIME: 11:12 coufrrirsicst ARRESTAGENCY 01- Paso TRANS. AGENCY. cif .pEps0 OMEN COUNTRY: USA STATE: Ft 2W: Me ROM CASE TYPE RECOMMII.FELONY NOTE STATUTE: CT. DESCRIPTION CASE FLAG: NO sac 9999A00i(ir I Seaman --- • (I 0 PROCURE PERSONOMERAGE OP RPM PROSTITu)tONA CASE 2008CF 009181MX4V HOLM MOW DNIERIME MOLD II* 1 2 3 PAGE 04/20 ELM 71 .41:: C, er2 voftiertpg: cornoiyo • . . • •-•• • • •I NOW DEPT: 1401.D FOLDATEMME. HOLD REM.ST: MUMS' DEPT: an t, 47:•••••• • ..• ALERT CESCRIPTIGIN MART HAMANN: i ND ANOT f7N FILE/FELONY CONVICTION 2 — R..1 KEEP SEPARATE PPOit • it., C, • . ..... . . NONE )-- - • "'" • . 2;11,1 IS SIGNED HOUSINGS CIC INTAKE: AUKS REL./ WO. CLEAR FM: HOC RELEASE. PHOTO PO: mesas MOVE: NTA oK/FJAME: FP. ENTERED: • - CLASSITICATIok NTA IOC: F.P. CL FAA. LIED.ct EAR IN DE JUL: 101:18 OUR) OATTAIME: CLERK RELEASE am/OR/A*710N _ COL/PT LOCATION. .. — WARRANTS L STATE ATTY • CENTRAL RCDS EFTA00792450
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Florida, this day of A48 Order granting Jeffrey E. Epstein's Motion for Travel, dated December 18, 2009 k_ ) • IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA - CRIMINAL DIVISION CASE NO: )04 cc- Cpril .)\-* tU11/2 STATE OF FLORIDA us. )44 OteR•eei v•- • Deiendani. FILED Circuit Criminal Department VOA: 1 8 2009 SHARON R. BOCK Clerk & Comptroller Palm Beach County ,ffirIDER ON MOTION D) IIrsh„„ THIS MATTER comes before the COurl upon D I emta,".4 - Itk;-`1) The Court, having been made aware that both counsel hains agreed to said motion. Accordingly, it is hereby: ORDERED and ADJUDGED that 0 nitrk,or som.4, tA,P..9-1" 1t -SA VA Cika.-\fm•A, -int. . 1'3 trn L.:-I'ircta firtre i ev, 1 owc,,,cs4 coq 124 0D me\ M m ceo2t0 n,& p.e.r, 14 t.) 1 pcona,-, *Grp Aare) AI tin ova c• iad ,it,eci DONE and ORDERED in Chambers, est Palm Beach, Palm Beach County, ( 2; ircuit Court Jug e EFTA00792451
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A49 Letter from Florida Department of Corrections Regarding Termination of Supervision, dated July 21,2010 FLORIDA DEPARTMENT of P146,r) ammenoNS Stifackiezirz kfikpia:- s N R A Eng Opponvile, Employe- 260! Blair Stone Rood Tallahassee, FL 32399-2500 Date: 7/21/2010 Mr. Epstein 358 El Willits Way Palm Beach. FL 3348Q PA • .. spok °ism gRftstakr• rt At , rpm_ a Governor CHARLIE CRIST Storelary JAMES R. hfcDONOUGH. http://www.dc.statc-ftus RE: TERMINATION OF SUPERVISION DCP W357,SA DOCKET/UCNO(S) 50200$CF009381AXXX Dear MIJI:sitagill You.are hereby notified that you hive 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 public 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 finished 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 forms may be accessed through the following web site: www.statc.fi.usffoclexclern.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 the 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 Eireann following successfial completion of supervision, pursuant to Section 790.063 Florida Statutes. Contact your local FDLE office if you have questions regarding this law. I would liltQt e ten to youbiShes for a very successful future. Sincerely, Candice Elkins El 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. 0 U you were sentenced as a comer 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 Rondo Parole Commission (if applicable) Clerk of Court (if requital) (Revised 03/03) EFTA00792452
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A50 Letter from Palm Beach Sheriff's Office Regarding Jeffrey Epstein's Participation in the Work Release Program, dated August 12, 2010 RIC L. BRADSHAW, SHERIFF FAX: August 12th 2010 To Whom It May Concern: DEPUTY K. SMITH 3656 ALTERNATIVE CUSTODY UNIT PHONE: E-NetuL. Jeffery Epstein DOB 01/20/53 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 concems please contact me. Deputy K. Smith 3228 Gun Club Road • West Palm Beach, Florida 33408-3001 • (561)688-3000 • http:/Awm.pbso.mg IV12/3010 O•ovee I EFTA00792453
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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 AriTRPA,PI C O DBLRC \NE ;s. ' JOSEPH R.AT TERBURY : JACK A. GOLDBERGER JASON S.WEISS • Board Certified Crenunal Trial Mantes' f Member of Navv Jersey a Honda Ban 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 Sheriffs 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 Sheriffs 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 Austrahan Avenue South West Palm Beach. FL 33401 p 561.659.8300 1561.835.8691 www.agwpa.com EFTA00792454
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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. s, Jack A. Goldberger JAG/sim EFTA00792455
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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 [pp. A53-A571 MARTIN G. WEINBERG, P.C. ATTORNEY AT LAW 20 PARK PLAZA, SUITE 1000 EMAIL A ODR ESSEN BOSTON. MASSACHUSETTS 02116 NIGHT EMERGENCY: (617)6014472 August 16, 2010 New York State Board of Examiners of Sex Offenders 4 Tower Place Albany, New York 12203-3764 Re: Jeffrey Epstein NYSID # OS 1909 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.0.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. EFTA00792456
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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 Sheriffs 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 ycar. 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 occasions. 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 EFTA00792457
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A55 Epstein poses no threat to either himself or the general community, and he requires no additional intervention or treatment for his no-risk/low-risk status to be maintained into the future. Letter of Stephen R. Alexander, Psy. D., submitted herewith as Ex. B.' All of these circumstances — Mr. Epstein's low-risk classification in Florida, the state where the offense was committed, the low-risk assessment inherent in the decisions of Florida authorities responsible for the protection of the community, who knew him first-hand, to admit him to work release during his period of incarceration and to permit him to travel outside of Florida during his period of community control supervision, Dr. Alexander's well-supported judgment that Mr. Epstein presents little or no risk of reoffense, the fact that the offense ended almost five years ago, and there has been no subsequent criminal misconduct of any kind, and the fact that Mr. Epstein is a mature, responsible, professional adult who uses neither alcohol nor drugs all support the conclusion that the supervision which accompanies a level 1 designation will more than suffice to serve the purposes of SORA. That conclusion is supported by the calculation of Mr. Epstein's risk assessment guidelines score. The Conduct Underlying the Offense Triggering the Florida Registration Requirement Would For the Most Part Not Even Have Been a Registerable Offense in New York Had the Conduct Occurred in New York The offense which required Mr. Epstein to register as a sex offender in the state of Florida was a violation of Fla. Stat. §796.03, which criminalizes procuring a person under the age of I8 (the age of consent in Florida) for prostitution, specifically, here, one "A.D." The nearest New York cognate among the registerable offenses listed in N.Y. Correction Law §168-a is N.Y. Penal Law §230.04 (patronizing a prostitute). The information to which Mr. Epstein pled guilty charged that the offense occurred between August 1, 2004, and October 9, 2005, see Information, Ex. C, that latter date being the day before A.D.'s 18th birthday: Thus, for almost all of the duration of the charged offense, A.D. was over the age of I7, and the wholly consensual conduct in exchange for money which occurred between the two would not even have been a registerable offense in New York. See § I 68-a(2Xa)(i)(§230.04 a registerable offense only if"person patronized" is in fact under 17 years old). Indeed, at the time of the offense at issue, the conduct which occurred after A.D. turned 17 years of age would not even have been a crime under that statute if the conduct had taken place in New York' Mr. Epstein's offense ranks among the least serious of those which trigger the requirement of SORA registration. The single Florida offense which required registration involved ' Dr. Alexander's CV is included in Ex. B. 2 In 2007, §230.04 was amended to extend its coverage to prostitution offenses involving individuals of any age, not just those under the age of 17, as the statute was written when Mr. Epstein's offense was committed in 2004-05. Under §230.04 as written in 2004-05, the offense, to the extent that A.D. was in the last three months of her 16th year, would only have been a misdemeanor had it been committed in New York. 3 EFTA00792458
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A56 only one woman, and there was no force or violence involved at any time, nor did A.D. suffer from any mental disability, mental incapacity, or physical helplessness. The points attributable to the Current Offense factors (factors 1-7) total less than 70. Criminal History Prior to the offense at issue, Mr. Epstein had no prior criminal history whatsoever. Mr. Epstein's date of birth is January 20, 1953, and he was, accordingly, more than twenty years of age when the offense at issue was committed. Mr. Epstein does not use alcohol or illegal drugs and has no history of either drug or alcohol abuse. Accordingly, Mr. Epstein should be scored at zero for the Criminal History factors (factors 8-1 I). Post-Offense Behavior On June 30, 2008, Mr. Epstein pled guilty to the offense which subjected him to the requirement that he register as a sex offender in Florida and has fully accepted responsibility for his conduct. Mr. Epstein served approximately 13 months in a West Palm Beach County jail (rather than in a state correctional facility). During most of his period of confinement, from October 10, 2008, through July 22, 2009, the date of his release, Mr. Epstein participated in the jail's work release program, see Letter of Deputy K. Smith, Ex. D, which permitted him to leave the jail in the morning six days a week for his place of employment, the Florida Science Foundation, and return in the evening. That Mr. Epstein satisfactorily complied with the requirements of the program is evidenced by the fact that he remained in the work release program up to the time of his release from custody. After his release on July 22, 2009, Mr. Epstein was subject to a one-year period of community control, which required, among other conditions, that he maintain contact with the probation office as required, that he be confined to his residence during the hours when he was not working or performing public service, that he not leave his county of residence without the consent of his probation officer, that he commit no further violations of the law, and that he maintain employment. During Mr. Epstein's period of community control from July 22, 2009, through July 21, 2010, he was permitted by the court, with the assent of his probation officer and without opposition by the state's attorney, to travel (including overnight stays) to New York and tothe Virgin Islands for business purposes on a number of occasions, thus demonstrating a substantial level of trust by both the court and his supervising probation officer in Mr. Epstein's ability to refrain from unlawful conduct of any kind and to conform his conduct to the terms of his community control order and to the orders authorizing his travel, which he did on every such occasion.' Mr. Epstein successfully completed his term of community control on July, 21, 2010, see Florida Department of Corrections Termination of Supervision notice, Ex. F, having at all times fully complied with all obligations and restrictions imposed upon him. Mr. Epstein has never refused or been expelled from any treatment since the time of his sentencing (factor 12(2)). See pages 2-3, supra. Based on his professional expertise and the One such travel order is attached as Ex. E. 4 EFTA00792459