Police Department Policy

255

Hillsborough County Sheriff

Policy Text
Date: 11/19/99 Revision: 11/09/21 Reviewed: 04/17/24 HILLSBOROUGH COUNTY SHERIFF’S OFFICE CHAD CHRONISTER , SHERIFF STANDARD OPERATING PROCEDURE Number: GEN 573.00 Page: 1 of 5 SUBJECT: SEXUAL PREDATOR/OFFENDER REGISTRATION AND VERIFICATION O F ADDRESS; COMMUNITY NOTIFICATION OF SEXUAL PREDATORS I. PURPOSE : The purpose of this standard operating procedure is to define the guidelines that will assist Sheriff’s Office personnel in the registration and address verification of sexual offenders a nd/or p redators per Florida Statutes. Guidelines will al so assist Sheriff’s Office personnel in notifying the community of sexual predators in accordance with Florida Statute 775.21. II. SCOPE : This procedure shall apply to all Sheriff’s Office personne l. III. DISCUSSION : It is the policy of the Sheriff’s Office to comply fully with the meaning and intent of Florida Statute s 775.21 , The Florida Sexual Predators Act; Community and Public Notification , and 943.0435, Sexual Offenders Required t o Register with the Department. Florida Statute 775.21 requires sexual offenders, including persons designated by the court to be sexual predators, to register with the Sheriff ’s Office within 48 hours of establishing a permanent or temporary residence within the s tate. Florida Statute 775.21 requires the Sheriff of the county or the Chief of Police of the municipality where the sexual predator established or maintains a permanent or temporary residence to notify each licensed daycare center, elementary school, mid dle s chool , and high school within a one -mile radius of t he temporary or permanent re sidence of the sexual predator within 48 hours after receiving the notification. The Sheriff shall notify the community and the public of the presence of the sexual preda tor in a manner deemed appropriate in accordance with Florida Statute 775.21 (7) (a). Additionally, Florida Law require s local law enforcement participation in verifying the home address of designated sexual predators and offenders who are not on probatio n. The Florida Department of Law Enforcement (FDLE) main tains the master listing of sexual predators and offenders. Sexual predators/ offenders must comply with the sexual predator/ offender registration requirements from the state in which they are regist ered. A copy of the out -of-state registration forms must be obtained to determine whether a violation of Florida Statute has occurred. IV. DEFINITIONS : A. Essential Information - Information provided to the community and the public regarding a sexual p redator must include: 1. The name of the sexual predator . 2. A description of the sexual predator, including a photograph. 3. The sexual predator’s current address. 4. The circumstances of the sexual predator’s offense(s). 5. Whether the victim of the sex ual predator’s offense was, at the time of the offense(s), a minor or an adult. B. Permanent Residence - A place where the person abides, lodges, or resides for three or more consecutive days. GEN 573. 00 11/09/21 Page 2 of 5 C. Sexual Offender - Any person convicted of committing, a ttempting, soliciting, or conspiring to commit one of the offenses cited in Florida Statute 943.0435 and who was released on or after October 1, 1997, from the sanction imposed for any conviction of these offenses. Per Florida Statute 943.0435 (1) (a), a “sanction imposed in this state or any other jurisdiction includes, but is not limited to, a fine, probation, community control, parole, conditional release, control release, or incarceration in state prison, federal prison, private correctional facility, or local detention facility.” A sexual offender must register within the Sheriff’s Office in the county where they reside. Failure to comply with this statute is a Felony of the Third Degree. D. Sexual Predator - There are two ways to qualify as a sex ual predator in Florida: The first is to commit (on or after October 1, 1993) one of the several “one is enough” sexual predator offenses. The second is to commit one or more of certain other listed sexual offenses. In either instance, a written finding designating the individual as a qualifying “sexual preda tor” must be issued from the court to establish the designation. A sexual predator must register within the Sheriff’s Office in the county where they reside. Failure to comply with this statute is a Felony of the Third Degree. E. Temporary Residence - A place where the person abides, lodges, or resides for a period of more than three days in the aggregate during the year. F. Transient Residence - A county where a person lives, remains, or is located for a period of three or more days in the aggrega te during a calendar year and is not the person’s permanent or temporary address. The term includes, but is not limited to, a place where the person sleeps or seeks shelter and a location that has n o specific street address. V. DUTIES AND RESPONSIBILITIES : A. Registration of Sexual Offenders/Predators 1. The Hillsborough County Criminal Registration Unit (CRU

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