Adding Sex Offender Probation Conditions After Sentencing Not Permitted
Last week, the 2nd District Court of Appeals in Florida ruled that adding special sex offender conditions to probation after sentencing, where those conditions were expressly excluded at sentencing, doesn’t fly.
In Jones v. State, Fla: Dist. Court of Appeals, 2nd Dist. 2018, the court reversed a lower court’s order that allowed the State to impose special conditions of sex offender probation on Jones, when those conditions were not part of his sentence.
At Jones’ plea hearing and sentencing, it was agreed that “there had been no actual victim under age eighteen and sex offender probation conditions required in cases involving minor victims would not apply”. Nonetheless, upon his release from prison, probation tried to impose special conditions of sex offender probation on him. The lower court allowed them to.
The appellate Court, however, relying on Burkhart v. State, 974 So. 2d 1203, 1204 (Fla. 1st DCA 2008)., which held “Because probation is considered a sentence in Florida, an enhancement or extension of the conditions of probation after the conclusion of the sentencing hearing generally constitutes a violation of the double jeopardy prohibitions of the United States and Florida constitutions.” did not allow it and reversed.
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The only thing I would like to say is why not have a link to the case or at least provide the first name or case number. I have spent the last hour looking for this case and cannot find it and I cannot call the court because I need the full name or case number.
That’s odd. I fell May 1, 2003 and upon release my probation was modified solely due to homelessness by a letter alone from my PO to the court which was granted the next day without hearing. Eight years later I am still being forced to wear this thing, and I am again currently in the 1st DCA which will deny me for whatever trumped up reason that they can come up with! Mandatory monitoring did not take effect until Sept. 2006, and the only stat. in my case that allows monitoring is s.948.30(2)(e), which requires specific findings that my PO’s supervisor and the Department approved. To date no such document has been filed by his supervisor or the Department and the State court system continues to turn a blind eye to the law!!!
Can residency restrictions be applied to you by the County if, the victim was over the age of 18 and they offense was committed before October 1, 1995, in accordance to F.S. 948.30 in Florida based on an ordinance implemented by the city. Whereas, some cities are abiding by the authority of F.S. 948.30 How can this illegality be challenged?
Counties impose SORRs separate from the State’s SORR.
It can be challenged by a lawsuit.
What type of lawsuit and would any administrative exhaustion actions need to be taken first?
I was put on the sex offender registry in 2011 in Michigan from the incident in Michigan in 1984.
Now I have been removed from the sex offenders registry in 49 states excluding Florida. I live in Florida now.
Does anyone know how to get it off in Florida?
There is no way off. They don’t want you have to have way off. If they allowed a way off then the cash cow would dry up.
Lauren and her daddy Ron Books will never let that happen. This is why we must continue to attack this and get Florida in line with the rest of the country!
Thank you for responding , I will continue to donate to this fight until it is over. I hope others donate as well.
Of course, the other problem is that at some point, the Legislature passed statutes that said that the courts could not exempt people from registration. Remember that these special conditions of probation are statutorily mandated, so there is some question as to whether the court can exempt anyone for any reason as long as the charge matches the statute. That is also why they moved some other restrictions out of those sentencing sections. That way you arguably CAN change “conditions of supervision” without running into problem with double jeopardy, etc.Even so, we are still trying to figure out how cities and counties can impose residency restrictions on people convicted before 2004-2005 when residency restrictions were, in fact, statutorily mandated special conditions of probation and not this post 2004 lifetime restriction.
True. What I’m trying to figure out, is how Florida countries and cities can retroactively apply Fla.Stat. 948.30 to individuals whose offense was committed before October 1, 1995 and the victim is over the age of 18? That type of action can be taken against this.
Filing an ex post facto lawsuit, which we are in the process of bringing
That’s great. What vehicle should be used to file the ex post facto violation?
Federal lawsuit. being filed this month.
(1) Any updates on the ex post facto lawsuit regarding the application of F.S. 948.30 being filed?
(2) I sent in a case review form, when should I expect a response?
(1) this has been covered several times – it will be filed by the end of summer.
(2) all case consideration forms are reviewed. only those selected as prospective plaintiffs for a case are contacted.
In your case consideration form, you indicated that you are still on probation, which precluded you as a potential plaintiff for our current suits.
Hmmmm. Wow. Ok. It appears that some things never change. Wish you all the best and I’ll continue to move forward.
FAC, You stated in a previous comment that the filing would be done by the end of the month….
Now it has changed…
It will now be filed by the end of the summer.
Which one is it?
(starting to sound like Hightower)
End of the month is the end of summer. It will be filed by August 31, 2018.
End of month is NOT the end of summer. The end of summer is September 22.
Please give concise and accurate answers as some of us (like myself) are actually counting on you to do something about this.
Thank you.
You have our sincere apologies Sean.
I would like to participate.in that law suite
I have been asking FAC on how this is going for weeks. Where I can donate, how much funds have been raised; and I have been met with SILENCE.
Sean:
(1) The ex post facto lawsuit will be filed THIS MONTH
(2) You can donate by going here: https://floridaactioncommittee.org/donations/ (we look forward to seeing your donation)
(3) There is a chart on that page showing exactly how much has been raised and how far we are from our goal.
All of the information you requested has been provided on our monthly member calls, in our weekly updates or in real-time on our website. The Donate button is in fluorescent green on the top of our homepage. I’m sorry you feel you’ve been “met with SILENCE”. We have over one thousand members and a volunteer base of less than 10 people. Information needs to be relayed as efficiently as possible and we believe we have been doing that. If you need a personal reply and feel this should be relayed to you individually and directly; here you have it!
(1) should I file my on ex post facto lawsuit, or is there a way to piggyback yours? If I am able to piggyback yours, what information will you need from me?
Fill out a case consideration form on our website.
WE STRONGLY ADVISE people not to file lawsuits on their own. Leave it to seasoned attorneys. You file something and lose, you create bad case law
So this is all moot for those of us with no victims who have already completed our unlawful sex offender probation. Brilliant! In my case the sentencing transcript explicitly stated “NO VICTIM.” Too bad we can’t all sue for this unlawful probation!