Police Department Policy

62376955 (1).pdf

Seminole County Sheriff

Policy Text
\n\n--- Page 1 ---\n\nSEMINOLE COUNTY SHERIFF'S OFFICE NUMBER: G-76 GENERAL ORDER RESCINDS: E-28 SUBJECT: Felon Registration and Offender Management EFFECTIVE: April 14, 1995 REVISED: April 12, 2022 Table of Contents: I. Purpose II. Scope III. General IV. Definitions V. Felon Registrar VI. Offender Classification VII. Intelligence Investigations VIII. Serious Offender Apprehension and Response Team (SOAR) IX. Information Management X. Offender Management Unit XI. The Jessica Lunsford Act XII. The Seminole County Sexual Offender Ordinance I. PURPOSE: A. This directive provides guidelines and procedures for the registration and monitoring of felons, career offenders, sexual offenders and sexual predators, and for furthering prosecution efforts of “qualifying” habitual felony offenders. B. Recognizing that a small number of offenders (most of whom are recidivists) commit the majority of crimes it is Sheriff’s Office policy they be identified and monitored for a year or while on probation, as they move within the community. II. SCOPE: Deputies and other employees should be aware of known offenders who live, work, or frequent their duty areas. III. GENERAL: A. Felon Registration is a function of the Domestic Security Division and the Community Justice and Rehabilitation Division, which coordinates offender management between Sheriff’s Office personnel and cooperating agencies. GENERAL ORDER Felon Registration & Offender Management G-76 Page 1 of 12\n\n--- Page 2 ---\n\nB. Each Sheriff’s Office division, each municipality, the Office of the State Attorney’s, the Florida Department of Law Enforcement, the Division of Driver Licenses, and State Probation and Parole all play vital roles to ensure released offenders, are appropriately identified, registered, and monitored according to Section 775.13, Florida Statutes, and re-offenders are reviewed for the possibilities of enhanced prosecution under habitual and violent felony offender guidelines IV. DEFINITIONS: A. Required Felon Registration: Pursuant to Section 775.13, Florida Statutes, a person convicted of a felony in any court of this state, any person who has been convicted of a crime in any federal court or in any court of a state other than Florida, or of any foreign state or country, which crime, if committed in Florida, would be a felony, shall, within 48 hours after entering any county in this state, register with the sheriff of said county, be fingerprinted and photographed, and list the crime for which convicted, place of conviction, sentence imposed, if any, name, aliases, if any, address, and occupation. This does not apply to any person: 1. Who has had his or her civil rights restored. 2. Who has received a full pardon for the offense for which convicted. 3. Who has been lawfully released from incarceration or other sentence or supervision for a felony conviction for more than 5 years prior to such time for registration, unless the offender is a fugitive from justice on a felony charge or has been convicted of any offense since release from such incarceration or other sentence or supervision. 4. Who is a parolee or probationer under the supervision of the United States Parole Commission, if the commission knows of and consents to the presence of the offender in Florida, or is a probationer under the supervision of any federal probation Officer in the state or who has been lawfully discharged from such parole or probation. 5. Who is a sexual predator and has registered as required under s. 775.21. 6. Who is a sexual offender and has registered as required in s. 943.0435 or s. 944.607; 7. Who is a career offender who has registered as required in s. 775.261 or s. 944.609. B. Sexual Offender: Refers to any individual who meets the criteria set forth in Section 943.0435((1) (h)1, Florida Statutes. C. Sexual Predator: Refers to any individual who meets the criteria set forth in Section 775.21(4) D. Habitual Felony Offender: Shall have the same meaning as provided in Section 775.084(1)(a), Florida Statutes. E. Habitual Violent Felony Offender Shall have the same meaning as provided in Section 775.084(1)(b), Florida Statutes. F. Statutorily-Enumerated Violent Felony Offenses: Aggravated Assault, Aggravated Battery, Aggravated Child Abuse, Armed Burglary, Arson, Kidnapping, Manslaughter, Murder, Robbery, Sexual Battery, or Unlawful Throwing, Placing, or Discharging of a Destructive Device or Bomb. G. Three-time Violent Felony Offender: GENERAL ORDER Felon Registration & Offender Management G-76 Page 2 of 12\n\n--- Page 3 ---\n\nShall have the same meaning as provided in Section 775.084(1)(c), Florida Statutes. H. End of Court Sanctions: As used in this policy means the conclusion of all aspects of court-imposed punishment, including incarceration (when incarceration is the sole court-imposed sanction), and any form of court-ordered supervision, including probation or parole, notwithstanding whether such period of supervision includes a reporting requirement. I. Career Offender: Means any person who is designated as a habitual violent felony offender, a violent career criminal, or a three-time violent felony offender under s. 775.084 or as a prison releasee reoffender under s. 775.082(9). J. Violent Career Criminal: Shall have the same meaning as provided in Section 775.084(1)(d), Florida Statutes. V. FELON REGISTRAR: The Felon Registrar is responsible for the registration of offenders who are released back into the community. A. Because state law allows for offenders to register with other entities (FDLE), the Felon Registrar also coordinates the entry of those registrants into Café. B. The Registrar coordinates the entry of identifying information, including: 1. Conviction information, 2. Release information, 3. Pending sanctions 4. Probation or parole status, and 5. Officer names. NOTE: Criminal histories are not entered into Café. C. The Registrar will classify the offenders as set forth in the guidelines described below in Section VI. D. At a minimum, all registrants are fingerprinted electronically with BIS upon initial registration, and palm prints will be taken if the registrant has not previously been arrested in Seminole County. E. Identification photographs (to include significant scars, marks, or tattoos) will be taken of the offender. These photos are attached to the Café record, and a profile photo (shoulders up to facial area) is also submitted to FDLE. F. The Registrar notifies the appropriate Domestic Security detective(s) or supervisor(s) of registrants who qualify as Category One Offenders or who have not fully complied with lawful registration requirements. G. The Registrar works with Probation and Parole Officers to ensure released felons fully comply with registration requirements, as well as DNA submission on qualifying registrants who have not yet submitted the required sample. H. All registrants are checked for outstanding warrants, and a Judicial deputy will be notified if a warrant exists before the registrant is allowed to leave registration. I. Upon initial registration as a Registered Felon, unless otherwise stated below, the individual will be monitored as set forth below for as long as such time said individual resides in Seminole County and qualifies for Required Felon Registration u. GENERAL ORDER Felon Registration & Offender Management G-76 Page 3 of 12\n\n--- Page 4 ---\n\nJ. Any contact or attempts to contact an offender beyond those which are statutorily required are considered consensual encounters and an offender is under no legal obligation to interact with the deputy. If an offender requests that no further contacts be made or attempted, this information will be documented by the deputy in café and the deputy will notify the Region Commander via the chain of command. The Region Commander will notify the Office of Chief Counsel (Legal) of the offender’s name, Café case number, and any unique circumstances. VI. OFFENDER CLASSIFICATION: The Registrar classifies

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