Bill Text: FL S0410 | 2015 | Regular Session | Introduced
Bill Title: Mandatory Supervision for Released Violent Offenders
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2015-05-01 - Died in Criminal Justice [S0410 Detail]
Download: Florida-2015-S0410-Introduced.html
Florida Senate - 2015 SB 410 By Senator Dean 5-00562A-15 2015410__ 1 A bill to be entitled 2 An act relating to mandatory supervision for released 3 violent offenders; providing legislative intent; 4 amending s. 947.1405, F.S.; revising a short title; 5 renaming the conditional release program as the 6 mandatory supervision program; conforming provisions 7 to changes made by the act; replacing the term 8 “conditional release” with the term “mandatory 9 supervision”; amending s. 947.141, F.S.; conforming 10 provisions; amending s. 944.291, F.S.; revising which 11 prisoners may only be released under mandatory 12 supervision; conforming provisions to changes made by 13 the act; amending ss. 216.136, 394.926, 394.927, 14 775.084, 775.16, 775.21, 775.261, 893.11, 943.0435, 15 943.325, 944.171, 944.28, 944.606, 944.607, 944.608, 16 944.70, 945.36, 947.071, 947.13, 947.22, 947.24, 17 948.09, 948.32, and 957.06, F.S.; conforming 18 provisions to changes made by the act; providing 19 applicability; specifying that the Mandatory 20 Supervision Program Act continues the prior 21 Conditional Release Program Act; providing an 22 effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. The Legislature finds that those convicted of 27 violent offenses and sentenced to incarceration are at a higher 28 risk of continuing to perpetrate crimes after release. The 29 Legislature further finds that intensive, postprison supervision 30 may help such persons in making the transition from prison to a 31 postrelease community setting by offering participation in 32 appropriate programs and by following specified terms and 33 conditions. Such intensive, postprison supervision is also 34 intended to help reduce recidivism. 35 Section 2. Section 947.1405, Florida Statutes, is amended 36 to read: 37 947.1405 Mandatory supervisionConditional release38 program.— 39 (1) This section and s. 947.141 may be cited as the 40 “Mandatory SupervisionConditional ReleaseProgram Act.” 41 (2) Any inmate who: 42 (a) Is convicted of a crime committed on or after October 43 1, 1988, and before January 1, 1994, and any inmate who is 44 convicted of a crime committed on or after January 1, 1994, 45 which crime is or was contained in category 1, category 2, 46 category 3, or category 4 of Rule 3.701 and Rule 3.988, Florida 47 Rules of Criminal Procedure (1993), and who has served at least 48 one prior felony commitment at a state or federal correctional 49 institution; 50 (b) Is sentenced as a habitual or violent habitual offender 51 or a violent career criminal pursuant to s. 775.084;or52 (c) Is found to be a sexual predator under s. 775.21 or 53 former s. 775.23; or,54 (d) Is convicted of a crime committed on or after October 55 1, 2015, which crime is or was contained in category 1, category 56 2, category 3, or category 4 of Rule 3.701 and Rule 3.988, 57 Florida Rules of Criminal Procedure (1993), 58 59 shall, upon reaching the tentative release date or provisional 60 release date, whichever is earlier, as established by the 61 Department of Corrections, be released under supervision subject 62 to specified terms and conditions, including payment of the cost 63 of supervision pursuant to s. 948.09. Such supervision shall be 64 applicable to all sentences within the overall term of sentences 65 if an inmate’s overall term of sentences includes one or more 66 sentences that are eligible for mandatoryconditional release67 supervision as provided herein. Effective July 1, 1994, and 68 applicable for offenses committed on or after that date, the 69 commission may require, as a condition of mandatory supervision 70conditional release, that the releasee make payment of the debt 71 due and owing to a county or municipal detention facility under 72 s. 951.032 for medical care, treatment, hospitalization, or 73 transportation received by the releasee while in that detention 74 facility. The commission, in determining whether to order such 75 repayment and the amount of such repayment, shall consider the 76 amount of the debt, whether there was any fault of the 77 institution for the medical expenses incurred, the financial 78 resources of the releasee, the present and potential future 79 financial needs and earning ability of the releasee, and 80 dependents, and other appropriate factors. If any inmate placed 81 on mandatoryconditional releasesupervision is also subject to 82 probation or community control, resulting from a probationary or 83 community control split sentence within the overall term of 84 sentences, the Department of Corrections shall supervise such 85 person according to the conditions imposed by the court and the 86 commission shall defer to such supervision. If the court revokes 87 probation or community control and resentences the offender to a 88 term of incarceration, such revocation also constitutes a 89 sufficient basis for the revocation of the mandatoryconditional90releasesupervision on any nonprobationary or noncommunity 91 control sentence without further hearing by the commission. If 92 any such supervision on any nonprobationary or noncommunity 93 control sentence is revoked, such revocation may result in a 94 forfeiture of all gain-time, and the commission may revoke the 95 resulting deferred mandatoryconditional releasesupervision or 96 take other action it considers appropriate. If the term of 97 mandatoryconditional releasesupervision exceeds that of the 98 probation or community control, then, upon expiration of the 99 probation or community control, authority for the supervision 100 shall revert to the commission and the supervision shall be 101 subject to the conditions imposed by the commission. A panel of 102 no fewer than two commissioners shall establish the terms and 103 conditions of any such release. If the offense was a controlled 104 substance violation, the conditions shall include a requirement 105 that the offender submit to random substance abuse testing 106 intermittently throughout the term of mandatoryconditional107releasesupervision, upon the direction of the correctional 108 probation officer as defined in s. 943.10(3). The commission 109 shall also determine whether the terms and conditions of such 110 release have been violated and whether such violation warrants 111 revocation of the mandatory supervisionconditional release. 112 (3) As part of the mandatory supervisionconditional113releaseprocess, the commission, through review and 114 consideration of information provided by the department, shall 115 determine: 116 (a) The amount of reparation or restitution. 117 (b) The consequences of the offense as reported by the 118 aggrieved party. 119 (c) The aggrieved party’s fear of the inmate or concerns 120 about the release of the inmate. 121 (4) The commission shall provide to the aggrieved party 122 information regarding the manner in which notice of any 123 developments concerning the status of the inmate during the term 124 of mandatory supervisionconditional releasemay be requested. 125 (5) Within 180 days prior to the tentative release date or 126 provisional release date, whichever is earlier, a representative 127 of the department shall review the inmate’s program 128 participation, disciplinary record, psychological and medical 129 records, criminal records, and any other information pertinent 130 to the impending release. The department shall gather and 131 compile information necessary for the commission to make the 132 determinations set forth in subsection (3). A department 133 representative shall conduct a personal interview with the 134 inmate for the purpose of determining the details of the 135 inmate’s release plan, including the inmate’s planned residence 136 and employment. The department representative shall forward the 137 inmate’s release plan to the commission and recommend to the 138 commission the terms and conditions of the mandatory supervision 139conditional release. 140 (6) The commission shall review the recommendations of the 141 department, and such other information as it deems relevant, and 142 may conduct a review of the inmate’s record for the purpose of 143 establishing the terms and conditions of the mandatory 144 supervisionconditional release. The commission may impose any 145 special conditions it considers warranted from its review of the 146 release plan and recommendation. If the commission determines 147 that the inmate is eligible for release under this section, the 148 commission shall enter an order establishing the length of 149 supervision and the conditions attendant thereto. However, an 150 inmate who has been convicted of a violation of chapter 794 or 151 found by the court to be a sexual predator is subject to the 152 maximum level of supervision provided, with the mandatory 153 conditions as required in subsection (7), and that supervision 154 shall continue through the end of the releasee’s original court 155 imposed sentence. The length of supervision must not exceed the 156 maximum penalty imposed by the court. 157 (7)(a) Any inmate who is convicted of a crime committed on 158 or after October 1, 1995, or who has been previously convicted 159 of a crime committed on or after October 1, 1995, in violation 160 of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or s. 161 847.0145, and is subject to mandatoryconditional release162 supervision, shall have, in addition to any other conditions 163 imposed, the following special conditions imposed by the 164 commission: 165 1. A mandatory curfew from 10 p.m. to 6 a.m. The commission 166 may designate another 8-hour period if the offender’s employment 167 precludes the above specified time, and such alternative is 168 recommended by the Department of Corrections. If the commission 169 determines that imposing a curfew would endanger the victim, the 170 commission may consider alternative sanctions. 171 2. If the victim was under the age of 18, a prohibition on 172 living within 1,000 feet of a school, child care facility, park, 173 playground, designated public school bus stop, or other place 174 where children regularly congregate. A releasee who is subject 175 to this subparagraph may not relocate to a residence that is 176 within 1,000 feet of a public school bus stop. Beginning October 177 1, 2004, the commission or the department may not approve a 178 residence that is located within 1,000 feet of a school, child 179 care facility, park, playground, designated school bus stop, or 180 other place where children regularly congregate for any releasee 181 who is subject to this subparagraph. On October 1, 2004, the 182 department shall notify each affected school district of the 183 location of the residence of a releasee 30 days prior to release 184 and thereafter, if the releasee relocates to a new residence, 185 shall notify any affected school district of the residence of 186 the releasee within 30 days after relocation. If, on October 1, 187 2004, any public school bus stop is located within 1,000 feet of 188 the existing residence of such releasee, the district school 189 board shall relocate that school bus stop. Beginning October 1, 190 2004, a district school board may not establish or relocate a 191 public school bus stop within 1,000 feet of the residence of a 192 releasee who is subject to this subparagraph. The failure of the 193 district school board to comply with this subparagraph shall not 194 result in a violation of mandatoryconditional release195 supervision. A releasee who is subject to this subparagraph may 196 not be forced to relocate and does not violate his or her 197 mandatoryconditional releasesupervision if he or she is living 198 in a residence that meets the requirements of this subparagraph 199 and a school, child care facility, park, playground, designated 200 public school bus stop, or other place where children regularly 201 congregate is subsequently established within 1,000 feet of his 202 or her residence. 203 3. Active participation in and successful completion of a 204 sex offender treatment program with qualified practitioners 205 specifically trained to treat sex offenders, at the releasee’s 206 own expense. If a qualified practitioner is not available within 207 a 50-mile radius of the releasee’s residence, the offender shall 208 participate in other appropriate therapy. 209 4. A prohibition on any contact with the victim, directly 210 or indirectly, including through a third person, unless approved 211 by the victim, a qualified practitioner in the sexual offender 212 treatment program, and the sentencing court. 213 5. If the victim was under the age of 18, a prohibition 214 against contact with children under the age of 18 without review 215 and approval by the commission. The commission may approve 216 supervised contact with a child under the age of 18 if the 217 approval is based upon a recommendation for contact issued by a 218 qualified practitioner who is basing the recommendation on a 219 risk assessment. Further, the sex offender must be currently 220 enrolled in or have successfully completed a sex offender 221 therapy program. The commission may not grant supervised contact 222 with a child if the contact is not recommended by a qualified 223 practitioner and may deny supervised contact with a child at any 224 time. When considering whether to approve supervised contact 225 with a child, the commission must review and consider the 226 following: 227 a. A risk assessment completed by a qualified practitioner. 228 The qualified practitioner must prepare a written report that 229 must include the findings of the assessment and address each of 230 the following components: 231 (I) The sex offender’s current legal status; 232 (II) The sex offender’s history of adult charges with 233 apparent sexual motivation; 234 (III) The sex offender’s history of adult charges without 235 apparent sexual motivation; 236 (IV) The sex offender’s history of juvenile charges, 237 whenever available; 238 (V) The sex offender’s offender treatment history, 239 including a consultation from the sex offender’s treating, or 240 most recent treating, therapist; 241 (VI) The sex offender’s current mental status; 242 (VII) The sex offender’s mental health and substance abuse 243 history as provided by the Department of Corrections; 244 (VIII) The sex offender’s personal, social, educational, 245 and work history; 246 (IX) The results of current psychological testing of the 247 sex offender if determined necessary by the qualified 248 practitioner; 249 (X) A description of the proposed contact, including the 250 location, frequency, duration, and supervisory arrangement; 251 (XI) The child’s preference and relative comfort level with 252 the proposed contact, when age-appropriate; 253 (XII) The parent’s or legal guardian’s preference regarding 254 the proposed contact; and 255 (XIII) The qualified practitioner’s opinion, along with the 256 basis for that opinion, as to whether the proposed contact would 257 likely pose significant risk of emotional or physical harm to 258 the child. 259 260 The written report of the assessment must be given to the 261 commission. 262 b. A recommendation made as a part of the risk-assessment 263 report as to whether supervised contact with the child should be 264 approved; 265 c. A written consent signed by the child’s parent or legal 266 guardian, if the parent or legal guardian is not the sex 267 offender, agreeing to the sex offender having supervised contact 268 with the child after receiving full disclosure of the sex 269 offender’s present legal status, past criminal history, and the 270 results of the risk assessment. The commission may not approve 271 contact with the child if the parent or legal guardian refuses 272 to give written consent for supervised contact; 273 d. A safety plan prepared by the qualified practitioner, 274 who provides treatment to the offender, in collaboration with 275 the sex offender, the child’s parent or legal guardian, and the 276 child, when age appropriate, which details the acceptable 277 conditions of contact between the sex offender and the child. 278 The safety plan must be reviewed and approved by the Department 279 of Corrections before being submitted to the commission; and 280 e. Evidence that the child’s parent or legal guardian, if 281 the parent or legal guardian is not the sex offender, 282 understands the need for and agrees to the safety plan and has 283 agreed to provide, or to designate another adult to provide, 284 constant supervision any time the child is in contact with the 285 offender. 286 287 The commission may not appoint a person to conduct a risk 288 assessment and may not accept a risk assessment from a person 289 who has not demonstrated to the commission that he or she has 290 met the requirements of a qualified practitioner as defined in 291 this section. 292 6. If the victim was under age 18, a prohibition on working 293 for pay or as a volunteer at any school, child care facility, 294 park, playground, or other place where children regularly 295 congregate, as prescribed by the commission. 296 7. Unless otherwise indicated in the treatment plan 297 provided by a qualified practitioner in the sexual offender 298 treatment program, a prohibition on viewing, owning, or 299 possessing any obscene, pornographic, or sexually stimulating 300 visual or auditory material, including telephone, electronic 301 media, computer programs, or computer services that are relevant 302 to the offender’s deviant behavior pattern. 303 8. Effective for a releasee whose crime is committed on or 304 after July 1, 2005, a prohibition on accessing the Internet or 305 other computer services until a qualified practitioner in the 306 offender’s sex offender treatment program, after a risk 307 assessment is completed, approves and implements a safety plan 308 for the offender’s accessing or using the Internet or other 309 computer services. 310 9. A requirement that the releasee must submit two 311 specimens of blood to the Department of Law Enforcement to be 312 registered with the DNA database. 313 10. A requirement that the releasee make restitution to the 314 victim, as determined by the sentencing court or the commission, 315 for all necessary medical and related professional services 316 relating to physical, psychiatric, and psychological care. 317 11. Submission to a warrantless search by the community 318 control or probation officer of the probationer’s or community 319 controllee’s person, residence, or vehicle. 320 (b) For a releasee whose crime was committed on or after 321 October 1, 1997, in violation of chapter 794, s. 800.04, s. 322 827.071, s. 847.0135(5), or s. 847.0145, and who is subject to 323 mandatoryconditional releasesupervision, in addition to any 324 other provision of this subsection, the commission shall impose 325 the following additional conditions of mandatoryconditional326releasesupervision: 327 1. As part of a treatment program, participation in a 328 minimum of one annual polygraph examination to obtain 329 information necessary for risk management and treatment and to 330 reduce the sex offender’s denial mechanisms. The polygraph 331 examination must be conducted by a polygrapher who is a member 332 of a national or state polygraph association and who is 333 certified as a postconviction sex offender polygrapher, where 334 available, and at the expense of the releasee. The results of 335 the examination shall be provided to the releasee’s probation 336 officer and qualified practitioner and may not be used as 337 evidence in a hearing to prove that a violation of supervision 338 has occurred. 339 2. Maintenance of a driving log and a prohibition against 340 driving a motor vehicle alone without the prior approval of the 341 supervising officer. 342 3. A prohibition against obtaining or using a post office 343 box without the prior approval of the supervising officer. 344 4. If there was sexual contact, a submission to, at the 345 releasee’s expense, an HIV test with the results to be released 346 to the victim or the victim’s parent or guardian. 347 5. Electronic monitoring of any form when ordered by the 348 commission. Any person who has been placed under supervision and 349 is electronically monitored by the department must pay the 350 department for the cost of the electronic monitoring service at 351 a rate that may not exceed the full cost of the monitoring 352 service. Funds collected under this subparagraph shall be 353 deposited into the General Revenue Fund. The department may 354 exempt a person from the payment of all or any part of the 355 electronic monitoring service cost if the department finds that 356 any of the factors listed in s. 948.09(3) exist. 357 (8) It is the finding of the Legislature that the 358 population of offenders released from state prison into the 359 community who meet the mandatory supervisionconditional release360 criteria poses the greatest threat to the public safety of the 361 groups of offenders under community supervision. Therefore, the 362 Department of Corrections is to provide intensive supervision by 363 experienced correctional probation officers to mandatory 364 supervisionconditional releaseoffenders. Subject to specific 365 appropriation by the Legislature, caseloads may be restricted to 366 a maximum of 40 mandatory supervisionconditional release367 offenders per officer to provide for enhanced public safety and 368 to effectively monitor conditions of electronic monitoring or 369 curfews, if so ordered by the commission. 370 (9) The commission shall adopt rules pursuant to ss. 371 120.536(1) and 120.54 necessary to implement the provisions of 372 the Mandatory SupervisionConditionalReleaseProgram Act. 373 (10) Effective for a releasee whose crime was committed on 374 or after September 1, 2005, in violation of chapter 794, s. 375 800.04(4), (5), or (6), s. 827.071, or s. 847.0145, and the 376 unlawful activity involved a victim who was 15 years of age or 377 younger and the offender is 18 years of age or older or for a 378 releasee who is designated as a sexual predator pursuant to s. 379 775.21, in addition to any other provision of this section, the 380 commission must order electronic monitoring for the duration of 381 the releasee’s supervision. 382 (11) Effective for a releasee whose crime was committed on 383 or after October 1, 2008, and who has been found to have 384 committed the crime for the purpose of benefiting, promoting, or 385 furthering the interests of a criminal gang, the commission 386 shall, in addition to any other conditions imposed, impose a 387 condition prohibiting the releasee from knowingly associating 388 with other criminal gang members or associates, except as 389 authorized by law enforcement officials, prosecutorial 390 authorities, or the court, for the purpose of aiding in the 391 investigation of criminal activity. 392 (12) In addition to all other conditions imposed, for a 393 releasee who is subject to mandatory supervisionconditional394releasefor a crime that was committed on or after May 26, 2010, 395 and who has been convicted at any time of committing, or 396 attempting, soliciting, or conspiring to commit, any of the 397 criminal offenses listed in s. 943.0435(1)(a)1.a.(I), or a 398 similar offense in another jurisdiction against a victim who was 399 under 18 years of age at the time of the offense, if the 400 releasee has not received a pardon for any felony or similar law 401 of another jurisdiction necessary for the operation of this 402 subsection, if a conviction of a felony or similar law of 403 another jurisdiction necessary for the operation of this 404 subsection has not been set aside in any postconviction 405 proceeding, or if the releasee has not been removed from the 406 requirement to register as a sexual offender or sexual predator 407 pursuant to s. 943.04354, the commission must impose the 408 following conditions: 409 (a) A prohibition on visiting schools, child care 410 facilities, parks, and playgrounds without prior approval from 411 the releasee’s supervising officer. The commission may also 412 designate additional prohibited locations to protect a victim. 413 The prohibition ordered under this paragraph does not prohibit 414 the releasee from visiting a school, child care facility, park, 415 or playground for the sole purpose of attending a religious 416 service as defined in s. 775.0861 or picking up or dropping off 417 the releasee’s child or grandchild at a child care facility or 418 school. 419 (b) A prohibition on distributing candy or other items to 420 children on Halloween; wearing a Santa Claus costume, or other 421 costume to appeal to children, on or preceding Christmas; 422 wearing an Easter Bunny costume, or other costume to appeal to 423 children, on or preceding Easter; entertaining at children’s 424 parties; or wearing a clown costume without prior approval from 425 the commission. 426 (13) If a person who is transferred to the custody of the 427 Department of Children and Families pursuant to part V of 428 chapter 394 is subject to mandatoryconditional release429 supervision, the period of mandatoryconditional release430 supervision is tolled until such person is no longer in the 431 custody of the Department of Children and Families. This 432 subsection applies to all periods of mandatoryconditional433releasesupervision which begin on or after October 1, 2014, 434 regardless of the date of the underlying offense. 435 (14) Effective for a releasee whose crime was committed on 436 or after October 1, 2014, in violation of chapter 794, s. 437 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, in addition 438 to any other provision of this section, the commission must 439 impose a condition prohibiting the releasee from viewing, 440 accessing, owning, or possessing any obscene, pornographic, or 441 sexually stimulating visual or auditory material unless 442 otherwise indicated in the treatment plan provided by a 443 qualified practitioner in the sexual offender treatment program. 444 Visual or auditory material includes, but is not limited to, 445 telephone, electronic media, computer programs, and computer 446 services. 447 Section 3. Section 947.141, Florida Statutes, is amended to 448 read: 449 947.141 Violations of mandatory supervisionconditional450release, control release,orconditional medical release, or 451 addiction-recovery supervision.— 452 (1) If a member of the commission or a duly authorized 453 representative of the commission has reasonable grounds to 454 believe that an offender who is on release supervision under s. 455 947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated 456 the terms and conditions of the release in a material respect, 457 such member or representative may cause a warrant to be issued 458 for the arrest of the releasee; if the offender was found to be 459 a sexual predator, the warrant must be issued. 460 (2) Upon the arrest on a felony charge of an offender who 461 is on release supervision under s. 947.1405, s. 947.146, s. 462 947.149, or s. 944.4731, the offender must be detained without 463 bond until the initial appearance of the offender at which a 464 judicial determination of probable cause is made. If the trial 465 court judge determines that there was no probable cause for the 466 arrest, the offender may be released. If the trial court judge 467 determines that there was probable cause for the arrest, such 468 determination also constitutes reasonable grounds to believe 469 that the offender violated the conditions of the release. Within 470 24 hours after the trial court judge’s finding of probable 471 cause, the detention facility administrator or designee shall 472 notify the commission and the department of the finding and 473 transmit to each a facsimile copy of the probable cause 474 affidavit or the sworn offense report upon which the trial court 475 judge’s probable cause determination is based. The offender must 476 continue to be detained without bond for a period not exceeding 477 72 hours excluding weekends and holidays after the date of the 478 probable cause determination, pending a decision by the 479 commission whether to issue a warrant charging the offender with 480 violation of the conditions of release. Upon the issuance of the 481 commission’s warrant, the offender must continue to be held in 482 custody pending a revocation hearing held in accordance with 483 this section. 484 (3) Within 45 days after notice to the Florida Commission 485 on Offender Review of the arrest of a releasee charged with a 486 violation of the terms and conditions of mandatory supervision 487conditional release, control release, conditional medical 488 release, or addiction-recovery supervision, the releasee must be 489 afforded a hearing conducted by a commissioner or a duly 490 authorized representative thereof. If the releasee elects to 491 proceed with a hearing, the releasee must be informed orally and 492 in writing of the following: 493 (a) The alleged violation with which the releasee is 494 charged. 495 (b) The releasee’s right to be represented by counsel. 496 (c) The releasee’s right to be heard in person. 497 (d) The releasee’s right to secure, present, and compel the 498 attendance of witnesses relevant to the proceeding. 499 (e) The releasee’s right to produce documents on the 500 releasee’s own behalf. 501 (f) The releasee’s right of access to all evidence used 502 against the releasee and to confront and cross-examine adverse 503 witnesses. 504 (g) The releasee’s right to waive the hearing. 505 (4) Within a reasonable time following the hearing, the 506 commissioner or the commissioner’s duly authorized 507 representative who conducted the hearing shall make findings of 508 fact in regard to the alleged violation. A panel of no fewer 509 than two commissioners shall enter an order determining whether 510 the charge of violation of mandatory supervisionconditional511release, control release, conditional medical release, or 512 addiction-recovery supervision has been sustained based upon the 513 findings of fact presented by the hearing commissioner or 514 authorized representative. By such order, the panel may revoke 515 mandatory supervisionconditional release, control release, 516 conditional medical release, or addiction-recovery supervision 517 and thereby return the releasee to prison to serve the sentence 518 imposed, reinstate the original order granting the release, or 519 enter such other order as it considers proper. Effective for 520 inmates whose offenses were committed on or after July 1, 1995, 521 the panel may order the placement of a releasee, upon a finding 522 of violation pursuant to this subsection, into a local detention 523 facility as a condition of supervision. 524 (5) Effective for inmates whose offenses were committed on 525 or after July 1, 1995, notwithstanding the provisions of ss. 526 775.08, former 921.001, 921.002, 921.187, 921.188, 944.02, and 527 951.23, or any other law to the contrary, by such order as 528 provided in subsection (4), the panel, upon a finding of guilt, 529 may, as a condition of continued supervision, place the releasee 530 in a local detention facility for a period of incarceration not 531 to exceed 22 months. Prior to the expiration of the term of 532 incarceration, or upon recommendation of the chief correctional 533 officer of that county, the commission shall cause inquiry into 534 the inmate’s release plan and custody status in the detention 535 facility and consider whether to restore the inmate to 536 supervision, modify the conditions of supervision, or enter an 537 order of revocation, thereby causing the return of the inmate to 538 prison to serve the sentence imposed.The provisions ofThis 539 section doesdonot prohibit the panel from entering such other 540 order or conducting any investigation that it deems proper. The 541 commission mayonlyplace a person in a local detention facility 542 pursuant to this section only if there is a contractual 543 agreement between the chief correctional officer of that county 544 and the Department of Corrections. The agreement must provide 545 for a per diem reimbursement for each person placed under this 546 section, which is payable by the Department of Corrections for 547 the duration of the offender’s placement in the facility. This 548 section does not limit the commission’s ability to place a 549 person in a local detention facility for less than 1 year. 550 (6) Whenever a mandatory supervisionconditionalrelease, 551 control release, conditional medical release, or addiction 552 recovery supervision is revoked by a panel of no fewer than two 553 commissioners and the releasee is ordered to be returned to 554 prison, the releasee, by reason of the misconduct, shall be 555 deemed to have forfeited all gain-time or commutation of time 556 for good conduct, as provided for by law, earned up to the date 557 of release. However, if a conditional medical release is revoked 558 due to the improved medical or physical condition of the 559 releasee, the releasee doesshallnot forfeit gain-time accrued 560 before the date of conditional medical release. This subsection 561 does not deprive the prisoner of the right to gain-time or 562 commutation of time for good conduct, as provided by law, from 563 the date of return to prison. 564 (7) If a law enforcement officer has probable cause to 565 believe that an offender who is on release supervision under s. 566 947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated 567 the terms and conditions of his or her release by committing a 568 felony offense, the officer shall arrest the offender without a 569 warrant, and a warrant need not be issued in the case. 570 Section 4. Subsection (2) of section 944.291, Florida 571 Statutes, is amended to read: 572 944.291 Prisoner released by reason of gain-time allowances 573 or attainment of provisional release date.— 574 (2) Any prisoner who meets the criteria specified inis575convicted of a crime committed on or after October 1, 1988,576which crime is contained in category 1, category 2, category 3,577or category 4 of Rule 3.701 and Rule 3.988, Florida Rules of578Criminal Procedure, and who has served at least one prior felony579commitment at a state or federal correctional institution, or is580sentenced as a habitual or violent habitual offenderpursuant to581 s. 947.1405(2)s.775.084, may only be released under mandatory 582conditional releasesupervision as described in chapter 947. Not 583 fewer than 90 days prior to the tentative release date or 584 provisional release date, whichever is earlier, the department 585 shall provide the commission with the name and inmate 586 identification number for each eligible inmate. 587 Section 5. Paragraph (c) of subsection (5) of section 588 216.136, Florida Statutes, is amended to read: 589 216.136 Consensus estimating conferences; duties and 590 principals.— 591 (5) CRIMINAL JUSTICE ESTIMATING CONFERENCE.—The Criminal 592 Justice Estimating Conference shall: 593 (c) Develop official information relating to the number of 594 sexual offenders and sexual predators who are required by law to 595 be placed on community control, probation, or mandatory 596 supervisionconditional releasewho are subject to electronic 597 monitoring. 598 Section 6. Subsection (2) of section 394.926, Florida 599 Statutes, is amended to read: 600 394.926 Notice to victims and others of release of persons 601 in the custody of the department.— 602 (2) If a person in the custody of the department who has an 603 active or pending term of probation, community control, parole, 604 mandatory supervisionconditional release, or other court 605 ordered or postprison release supervision is released, the 606 department must immediately notify the Department of 607 Corrections’ Office of Community Corrections in Tallahassee. The 608 Florida Commission on Offender Review must also be immediately 609 notified of any releases of a person who has an active or 610 pending term of parole, mandatory supervisionconditional611release, or other postprison release supervision that is 612 administered by the Florida Commission on Offender Review. 613 Section 7. Subsection (2) of section 394.927, Florida 614 Statutes, is amended to read: 615 394.927 Escape while in lawful custody; notice to victim; 616 notice to the Department of Corrections and Florida Commission 617 on Offender Review.— 618 (2) If a person who is held in custody pursuant to a 619 finding of probable cause or commitment as a sexually violent 620 predator escapes while in custody, the department shall 621 immediately notify the victim in accordance with s. 394.926. The 622 state attorney that filed the petition for civil commitment of 623 the escapee must also be immediately notified by the department. 624 If the escapee has an active or pending term of probation, 625 community control, parole, mandatory supervisionconditional626release, or other court-ordered or postprison release 627 supervision, the department shall also immediately notify the 628 Department of Corrections’ Office of Community Corrections in 629 Tallahassee. The Florida Commission on Offender Review shall 630 also be immediately notified of an escape if the escapee has an 631 active or pending term of parole, mandatory supervision 632conditional release, or other postprison release supervision 633 that is administered by the Florida Commission on Offender 634 Review. 635 Section 8. Paragraphs (a), (b), and (d) of subsection (1) 636 of section 775.084, Florida Statutes, are amended to read: 637 775.084 Violent career criminals; habitual felony offenders 638 and habitual violent felony offenders; three-time violent felony 639 offenders; definitions; procedure; enhanced penalties or 640 mandatory minimum prison terms.— 641 (1) As used in this act: 642 (a) “Habitual felony offender” means a defendant for whom 643 the court may impose an extended term of imprisonment, as 644 provided in paragraph (4)(a), if it finds that: 645 1. The defendant has previously been convicted of any 646 combination of two or more felonies in this state or other 647 qualified offenses. 648 2. The felony for which the defendant is to be sentenced 649 was committed: 650 a. While the defendant was serving a prison sentence or 651 other sentence, or court-ordered or lawfully imposed supervision 652 that is imposed as a result of a prior conviction for a felony 653 or other qualified offense; or 654 b. Within 5 years of the date of the conviction of the 655 defendant’s last prior felony or other qualified offense, or 656 within 5 years of the defendant’s release from a prison 657 sentence, probation, community control, control release, 658 mandatory supervisionconditional release, parole or court 659 ordered or lawfully imposed supervision or other sentence that 660 is imposed as a result of a prior conviction for a felony or 661 other qualified offense, whichever is later. 662 3. The felony for which the defendant is to be sentenced, 663 and one of the two prior felony convictions, is not a violation 664 of s. 893.13 relating to the purchase or the possession of a 665 controlled substance. 666 4. The defendant has not received a pardon for any felony 667 or other qualified offense that is necessary for the operation 668 of this paragraph. 669 5. A conviction of a felony or other qualified offense 670 necessary to the operation of this paragraph has not been set 671 aside in any postconviction proceeding. 672 (b) “Habitual violent felony offender” means a defendant 673 for whom the court may impose an extended term of imprisonment, 674 as provided in paragraph (4)(b), if it finds that: 675 1. The defendant has previously been convicted of a felony 676 or an attempt or conspiracy to commit a felony and one or more 677 of such convictions was for: 678 a. Arson; 679 b. Sexual battery; 680 c. Robbery; 681 d. Kidnapping; 682 e. Aggravated child abuse; 683 f. Aggravated abuse of an elderly person or disabled adult; 684 g. Aggravated assault with a deadly weapon; 685 h. Murder; 686 i. Manslaughter; 687 j. Aggravated manslaughter of an elderly person or disabled 688 adult; 689 k. Aggravated manslaughter of a child; 690 l. Unlawful throwing, placing, or discharging of a 691 destructive device or bomb; 692 m. Armed burglary; 693 n. Aggravated battery; or 694 o. Aggravated stalking. 695 2. The felony for which the defendant is to be sentenced 696 was committed: 697 a. While the defendant was serving a prison sentence or 698 other sentence, or court-ordered or lawfully imposed supervision 699 that is imposed as a result of a prior conviction for an 700 enumerated felony; or 701 b. Within 5 years of the date of the conviction of the last 702 prior enumerated felony, or within 5 years of the defendant’s 703 release from a prison sentence, probation, community control, 704 control release, mandatory supervisionconditional release, 705 parole, or court-ordered or lawfully imposed supervision or 706 other sentence that is imposed as a result of a prior conviction 707 for an enumerated felony, whichever is later. 708 3. The defendant has not received a pardon on the ground of 709 innocence for any crime that is necessary for the operation of 710 this paragraph. 711 4. A conviction of a crime necessary to the operation of 712 this paragraph has not been set aside in any postconviction 713 proceeding. 714 (d) “Violent career criminal” means a defendant for whom 715 the court must impose imprisonment pursuant to paragraph (4)(d), 716 if it finds that: 717 1. The defendant has previously been convicted as an adult 718 three or more times for an offense in this state or other 719 qualified offense that is: 720 a. Any forcible felony, as described in s. 776.08; 721 b. Aggravated stalking, as described in s. 784.048(3) and 722 (4); 723 c. Aggravated child abuse, as described in s. 827.03(2)(a); 724 d. Aggravated abuse of an elderly person or disabled adult, 725 as described in s. 825.102(2); 726 e. Lewd or lascivious battery, lewd or lascivious 727 molestation, lewd or lascivious conduct, or lewd or lascivious 728 exhibition, as described in s. 800.04 or s. 847.0135(5); 729 f. Escape, as described in s. 944.40; or 730 g. A felony violation of chapter 790 involving the use or 731 possession of a firearm. 732 2. The defendant has been incarcerated in a state prison or 733 a federal prison. 734 3. The primary felony offense for which the defendant is to 735 be sentenced is a felony enumerated in subparagraph 1. and was 736 committed on or after October 1, 1995, and: 737 a. While the defendant was serving a prison sentence or 738 other sentence, or court-ordered or lawfully imposed supervision 739 that is imposed as a result of a prior conviction for an 740 enumerated felony; or 741 b. Within 5 years after the conviction of the last prior 742 enumerated felony, or within 5 years after the defendant’s 743 release from a prison sentence, probation, community control, 744 control release, mandatory supervisionconditional release, 745 parole, or court-ordered or lawfully imposed supervision or 746 other sentence that is imposed as a result of a prior conviction 747 for an enumerated felony, whichever is later. 748 4. The defendant has not received a pardon for any felony 749 or other qualified offense that is necessary for the operation 750 of this paragraph. 751 5. A conviction of a felony or other qualified offense 752 necessary to the operation of this paragraph has not been set 753 aside in any postconviction proceeding. 754 Section 9. Section 775.16, Florida Statutes, is amended to 755 read: 756 775.16 Drug offenses; additional penalties.—In addition to 757 any other penalty provided by law, a person who has been 758 convicted of sale of or trafficking in, or conspiracy to sell or 759 traffic in, a controlled substance under chapter 893, if such 760 offense is a felony, or who has been convicted of an offense 761 under the laws of any state or country which, if committed in 762 this state, would constitute the felony of selling or 763 trafficking in, or conspiracy to sell or traffic in, a 764 controlled substance under chapter 893, is: 765 (1) Disqualified from applying for employment by any agency 766 of the state, unless: 767 (a) The person has completed all sentences of imprisonment 768 or supervisory sanctions imposed by the court, by the Florida 769 Commission on Offender Review, or by law; or 770 (b) The person has complied with the conditions of 771 subparagraphs 1. and 2. which shall be monitored by the 772 Department of Corrections while the person is under any 773 supervisory sanctions. The person under supervision may: 774 1. Seek evaluation and enrollment in, and once enrolled 775 maintain enrollment in until completion, a drug treatment and 776 rehabilitation program which is approved by the Department of 777 Children and Families, unless it is deemed by the program that 778 the person does not have a substance abuse problem. The 779 treatment and rehabilitation program may be specified by: 780 a. The court, in the case of court-ordered supervisory 781 sanctions; 782 b. The Florida Commission on Offender Review, in the case 783 of parole, control release, or mandatory supervisionconditional784release; or 785 c. The Department of Corrections, in the case of 786 imprisonment or any other supervision required by law. 787 2. Submit to periodic urine drug testing pursuant to 788 procedures prescribed by the Department of Corrections. If the 789 person is indigent, the costs shall be paid by the Department of 790 Corrections. 791 (2) Disqualified from applying for a license, permit, or 792 certificate required by any agency of the state to practice, 793 pursue, or engage in any occupation, trade, vocation, 794 profession, or business, unless: 795 (a) The person has completed all sentences of imprisonment 796 or supervisory sanctions imposed by the court, by the Florida 797 Commission on Offender Review, or by law; 798 (b) The person has complied with the conditions of 799 subparagraphs 1. and 2. which shall be monitored by the 800 Department of Corrections while the person is under any 801 supervisory sanction. If the person fails to comply with 802 provisions of these subparagraphs by either failing to maintain 803 treatment or by testing positive for drug use, the department 804 shall notify the licensing, permitting, or certifying agency, 805 which may refuse to reissue or reinstate such license, permit, 806 or certification. The licensee, permittee, or certificateholder 807 under supervision may: 808 1. Seek evaluation and enrollment in, and once enrolled 809 maintain enrollment in until completion, a drug treatment and 810 rehabilitation program which is approved or regulated by the 811 Department of Children and Families, unless it is deemed by the 812 program that the person does not have a substance abuse problem. 813 The treatment and rehabilitation program may be specified by: 814 a. The court, in the case of court-ordered supervisory 815 sanctions; 816 b. The Florida Commission on Offender Review, in the case 817 of parole, control release, or mandatory supervisionconditional818release; or 819 c. The Department of Corrections, in the case of 820 imprisonment or any other supervision required by law. 821 2. Submit to periodic urine drug testing pursuant to 822 procedures prescribed by the Department of Corrections. If the 823 person is indigent, the costs shall be paid by the Department of 824 Corrections; or 825 (c) The person has successfully completed an appropriate 826 program under the Correctional Education Program. 827 828 The provisions of this section do not apply to any of the taxes, 829 fees, or permits regulated, controlled, or administered by the 830 Department of Revenue in accordance with the provisions of s. 831 213.05. 832 Section 10. Paragraph (e) of subsection (2) of section 833 775.21, Florida Statutes, is amended to read: 834 775.21 The Florida Sexual Predators Act.— 835 (2) DEFINITIONS.—As used in this section, the term: 836 (e) “Conviction” means a determination of guilt which is 837 the result of a trial or the entry of a plea of guilty or nolo 838 contendere, regardless of whether adjudication is withheld. A 839 conviction for a similar offense includes, but is not limited 840 to, a conviction by a federal or military tribunal, including 841 courts-martial conducted by the Armed Forces of the United 842 States, and includes a conviction or entry of a plea of guilty 843 or nolo contendere resulting in a sanction in any state of the 844 United States or other jurisdiction. A sanction includes, but is 845 not limited to, a fine, probation, community control, parole, 846 mandatory supervisionconditional release, control release, or 847 incarceration in a state prison, federal prison, private 848 correctional facility, or local detention facility. 849 Section 11. Paragraph (a) of subsection (3) of section 850 775.261, Florida Statutes, is amended to read: 851 775.261 The Florida Career Offender Registration Act.— 852 (3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.— 853 (a) A career offender released on or after July 1, 2002, 854 from a sanction imposed in this state must register as required 855 under subsection (4) and is subject to community and public 856 notification as provided under subsection (5). For purposes of 857 this section, a sanction imposed in this state includes, but is 858 not limited to, a fine, probation, community control, parole, 859 mandatory supervisionconditional release, control release, or 860 incarceration in a state prison, private correctional facility, 861 or local detention facility, and: 862 1. The career offender has not received a pardon for any 863 felony or other qualified offense that is necessary for the 864 operation of this paragraph; or 865 2. A conviction of a felony or other qualified offense 866 necessary to the operation of this paragraph has not been set 867 aside in any postconviction proceeding. 868 Section 12. Section 893.11, Florida Statutes, is amended to 869 read: 870 893.11 Suspension, revocation, and reinstatement of 871 business and professional licenses.—For the purposes of s. 872 120.60(6), any conviction in any court reported to the 873 Comprehensive Case Information System of the Florida Association 874 of Court Clerks and Comptrollers, Inc., for the sale of, or 875 trafficking in, a controlled substance or for conspiracy to 876 sell, or traffic in, a controlled substance constitutes an 877 immediate serious danger to the public health, safety, or 878 welfare, and is grounds for disciplinary action by the licensing 879 state agency. A state agency shall initiate an immediate 880 emergency suspension of an individual professional license 881 issued by the agency, in compliance with the procedures for 882 summary suspensions in s. 120.60(6), upon the agency’s findings 883 of the licensee’s conviction in any court reported to the 884 Comprehensive Case Information System of the Florida Association 885 of Court Clerks and Comptrollers, Inc., for the sale of, or 886 trafficking in, a controlled substance, or for conspiracy to 887 sell, or traffic in, a controlled substance. Before renewing any 888 professional license, a state agency that issues a professional 889 license must use the Comprehensive Case Information System of 890 the Florida Association of Court Clerks and Comptrollers, Inc., 891 to obtain information relating to any conviction for the sale 892 of, or trafficking in, a controlled substance or for conspiracy 893 to sell, or traffic in, a controlled substance. The clerk of 894 court shall provide electronic access to each state agency at no 895 cost and also provide certified copies of the judgment upon 896 request to the agency. Upon a showing by any such convicted 897 defendant whose professional license has been suspended or 898 revoked pursuant to this section that his or her civil rights 899 have been restored or upon a showing that the convicted 900 defendant meets the following criteria, the agency head may 901 reinstate or reactivate such license when: 902 (1) The person has complied with the conditions of 903 paragraphs (a) and (b) which shall be monitored by the 904 Department of Corrections while the person is under any 905 supervisory sanction. If the person fails to comply with 906 provisions of these paragraphs by either failing to maintain 907 treatment or by testing positive for drug use, the department 908 shall notify the licensing agency, which shall revoke the 909 license. The person under supervision may: 910 (a) Seek evaluation and enrollment in, and once enrolled 911 maintain enrollment in until completion, a drug treatment and 912 rehabilitation program which is approved or regulated by the 913 Department of Children and Families. The treatment and 914 rehabilitation program shall be specified by: 915 1. The court, in the case of court-ordered supervisory 916 sanctions; 917 2. The Florida Commission on Offender Review, in the case 918 of parole, control release, or mandatory supervisionconditional919release; or 920 3. The Department of Corrections, in the case of 921 imprisonment or any other supervision required by law. 922 (b) Submit to periodic urine drug testing pursuant to 923 procedures prescribed by the Department of Corrections. If the 924 person is indigent, the costs shall be paid by the Department of 925 Corrections; or 926 (2) The person has successfully completed an appropriate 927 program under the Correctional Education Program. 928 (3) As used in this section, the term “professional 929 license” includes any license, permit, or certificate that 930 authorizes a person to practice his or her profession. However, 931 the term does not include any of the taxes, fees, or permits 932 regulated, controlled, or administered by the Department of 933 Revenue in accordance with s. 213.05. 934 Section 13. Paragraphs (a) and (b) of subsection (1) of 935 section 943.0435, Florida Statutes, are amended to read: 936 943.0435 Sexual offenders required to register with the 937 department; penalty.— 938 (1) As used in this section, the term: 939 (a)1. “Sexual offender” means a person who meets the 940 criteria in sub-subparagraph a., sub-subparagraph b., sub 941 subparagraph c., or sub-subparagraph d., as follows: 942 a.(I) Has been convicted of committing, or attempting, 943 soliciting, or conspiring to commit, any of the criminal 944 offenses proscribed in the following statutes in this state or 945 similar offenses in another jurisdiction: s. 393.135(2); s. 946 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where 947 the victim is a minor and the defendant is not the victim’s 948 parent or guardian; s. 787.06(3)(b), (d), (f), or (g); former s. 949 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s. 794.05; 950 former s. 796.03; former s. 796.035; s. 800.04; s. 810.145(8); 951 s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. 952 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s. 953 916.1075(2); or s. 985.701(1); or any similar offense committed 954 in this state which has been redesignated from a former statute 955 number to one of those listed in this sub-sub-subparagraph; and 956 (II) Has been released on or after October 1, 1997, from 957 the sanction imposed for any conviction of an offense described 958 in sub-sub-subparagraph (I). For purposes of sub-sub 959 subparagraph (I), a sanction imposed in this state or in any 960 other jurisdiction includes, but is not limited to, a fine, 961 probation, community control, parole, mandatory supervision 962conditional release, control release, or incarceration in a 963 state prison, federal prison, private correctional facility, or 964 local detention facility; 965 b. Establishes or maintains a residence in this state and 966 who has not been designated as a sexual predator by a court of 967 this state but who has been designated as a sexual predator, as 968 a sexually violent predator, or by another sexual offender 969 designation in another state or jurisdiction and was, as a 970 result of such designation, subjected to registration or 971 community or public notification, or both, or would be if the 972 person were a resident of that state or jurisdiction, without 973 regard to whether the person otherwise meets the criteria for 974 registration as a sexual offender; 975 c. Establishes or maintains a residence in this state who 976 is in the custody or control of, or under the supervision of, 977 any other state or jurisdiction as a result of a conviction for 978 committing, or attempting, soliciting, or conspiring to commit, 979 any of the criminal offenses proscribed in the following 980 statutes or similar offense in another jurisdiction: s. 981 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 982 787.025(2)(c), where the victim is a minor and the defendant is 983 not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f), 984 or (g); former s. 787.06(3)(h); s. 794.011, excluding s. 985 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s. 986 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 987 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 988 847.0145; s. 916.1075(2); or s. 985.701(1); or any similar 989 offense committed in this state which has been redesignated from 990 a former statute number to one of those listed in this sub 991 subparagraph; or 992 d. On or after July 1, 2007, has been adjudicated 993 delinquent for committing, or attempting, soliciting, or 994 conspiring to commit, any of the criminal offenses proscribed in 995 the following statutes in this state or similar offenses in 996 another jurisdiction when the juvenile was 14 years of age or 997 older at the time of the offense: 998 (I) Section 794.011, excluding s. 794.011(10); 999 (II) Section 800.04(4)(a)2. where the victim is under 12 1000 years of age or where the court finds sexual activity by the use 1001 of force or coercion; 1002 (III) Section 800.04(5)(c)1. where the court finds 1003 molestation involving unclothed genitals; or 1004 (IV) Section 800.04(5)(d) where the court finds the use of 1005 force or coercion and unclothed genitals. 1006 2. For all qualifying offenses listed in sub-subparagraph 1007 (1)(a)1.d., the court shall make a written finding of the age of 1008 the offender at the time of the offense. 1009 1010 For each violation of a qualifying offense listed in this 1011 subsection, except for a violation of s. 794.011, the court 1012 shall make a written finding of the age of the victim at the 1013 time of the offense. For a violation of s. 800.04(4), the court 1014 shall also make a written finding indicating whether the offense 1015 involved sexual activity and indicating whether the offense 1016 involved force or coercion. For a violation of s. 800.04(5), the 1017 court shall also make a written finding that the offense did or 1018 did not involve unclothed genitals or genital area and that the 1019 offense did or did not involve the use of force or coercion. 1020 (b) “Convicted” means that there has been a determination 1021 of guilt as a result of a trial or the entry of a plea of guilty 1022 or nolo contendere, regardless of whether adjudication is 1023 withheld, and includes an adjudication of delinquency of a 1024 juvenile as specified in this section. Conviction of a similar 1025 offense includes, but is not limited to, a conviction by a 1026 federal or military tribunal, including courts-martial conducted 1027 by the Armed Forces of the United States, and includes a 1028 conviction or entry of a plea of guilty or nolo contendere 1029 resulting in a sanction in any state of the United States or 1030 other jurisdiction. A sanction includes, but is not limited to, 1031 a fine, probation, community control, parole, mandatory 1032 supervisionconditional release, control release, or 1033 incarceration in a state prison, federal prison, private 1034 correctional facility, or local detention facility. 1035 Section 14. Paragraph (a) of subsection (7) of section 1036 943.325, Florida Statutes, is amended to read: 1037 943.325 DNA database.— 1038 (7) COLLECTION OF DNA SAMPLES FROM OFFENDERS.— 1039 (a) Any qualifying offender, who is: 1040 1. Arrested in this state; 1041 2. Incarcerated in this state; or 1042 3. On probation, community control, parole, mandatory 1043 supervisionconditional release, control release, or any other 1044 type of court-ordered supervision in this state, 1045 1046 shall be required to submit a DNA sample to a department 1047 designated facility. 1048 Section 15. Paragraph (a) of subsection (2) of section 1049 944.171, Florida Statutes, is amended to read: 1050 944.171 Housing of inmates.— 1051 (2) Notwithstanding s. 944.17, the department may enter 1052 into contracts with another state, a political subdivision of 1053 another state, or a correctional management services vendor in 1054 another state for the transfer and confinement in that state of 1055 inmates who have been committed to the custody of the 1056 department. 1057 (a) Any such contract must include: 1058 1. A termination date. 1059 2. Provisions concerning the costs of inmate maintenance, 1060 extraordinary medical and dental expenses, and any participation 1061 in or receipt by inmates of rehabilitative or correctional 1062 services, facilities, programs, or treatment, including those 1063 costs not reasonably included as part of normal maintenance. 1064 3. Provisions concerning participation in programs of 1065 inmate employment, if any, the disposition or crediting of any 1066 payments received by inmates on account of employment, and the 1067 crediting of proceeds or disposal of any products resulting from 1068 employment. 1069 4. Provisions for the delivery and retaking of inmates. 1070 5. A provision for a waiver of extradition by the parties 1071 to the contract. 1072 6. Retention of jurisdiction of the inmates transferred by 1073 Florida. 1074 7. Regular reporting procedures concerning Florida inmates 1075 by officials of the state, political subdivision, or 1076 correctional management services vendor with which the 1077 department is contracting. 1078 8. Provisions concerning procedures for community 1079 supervision, including probation, parole, mandatory supervision 1080conditional release, and discharge. 1081 9. The same standards of reasonable and humane care as the 1082 inmates would receive in an appropriate institution in this 1083 state. 1084 10. Any other matters that are necessary and appropriate to 1085 establish the obligations, responsibilities, and rights of 1086 Florida and the state, political subdivision, or correctional 1087 management services vendor with which the department is 1088 contracting. 1089 Section 16. Subsection (1) of section 944.28, Florida 1090 Statutes, is amended to read: 1091 944.28 Forfeiture of gain-time and the right to earn gain 1092 time in the future.— 1093 (1) If a prisoner is convicted of escape, or if the 1094 clemency, mandatory supervisionconditional releaseas described 1095 in chapter 947, probation or community control as described in 1096 chapter 948, provisional release as described in former s. 1097 944.277, parole, or control release as described in s. 947.146 1098 granted to the prisoner is revoked, the department may, without 1099 notice or hearing, declare a forfeiture of all gain-time earned 1100 according to the provisions of law by such prisoner prior to 1101 such escape or his or her release under such clemency, mandatory 1102 supervisionconditional release, probation, community control, 1103 provisional release, control release, or parole. 1104 Section 17. Paragraph (a) of subsection (1) of section 1105 944.606, Florida Statutes, is amended to read: 1106 944.606 Sexual offenders; notification upon release.— 1107 (1) As used in this section: 1108 (a) “Convicted” means there has been a determination of 1109 guilt as a result of a trial or the entry of a plea of guilty or 1110 nolo contendere, regardless of whether adjudication is withheld. 1111 A conviction for a similar offense includes, but is not limited 1112 to, a conviction by a federal or military tribunal, including 1113 courts-martial conducted by the Armed Forces of the United 1114 States, and includes a conviction or entry of a plea of guilty 1115 or nolo contendere resulting in a sanction in any state of the 1116 United States or other jurisdiction. A sanction includes, but is 1117 not limited to, a fine; probation; community control; parole; 1118 mandatory supervisionconditional release; control release; or 1119 incarceration in a state prison, federal prison, private 1120 correctional facility, or local detention facility. 1121 Section 18. Paragraph (c) of subsection (1) and subsection 1122 (6) of section 944.607, Florida Statutes, are amended to read: 1123 944.607 Notification to Department of Law Enforcement of 1124 information on sexual offenders.— 1125 (1) As used in this section, the term: 1126 (c) “Conviction” means a determination of guilt which is 1127 the result of a trial or the entry of a plea of guilty or nolo 1128 contendere, regardless of whether adjudication is withheld. 1129 Conviction of a similar offense includes, but is not limited to, 1130 a conviction by a federal or military tribunal, including 1131 courts-martial conducted by the Armed Forces of the United 1132 States, and includes a conviction or entry of a plea of guilty 1133 or nolo contendere resulting in a sanction in any state of the 1134 United States or other jurisdiction. A sanction includes, but is 1135 not limited to, a fine; probation; community control; parole; 1136 mandatory supervisionconditional release; control release; or 1137 incarceration in a state prison, federal prison, private 1138 correctional facility, or local detention facility. 1139 (6) The information provided to the Department of Law 1140 Enforcement must include: 1141 (a) The information obtained from the sexual offender under 1142 subsection (4); 1143 (b) The sexual offender’s most current address, place of 1144 permanent, temporary, or transient residence within the state or 1145 out of state, and address, location or description, and dates of 1146 any current or known future temporary residence within the state 1147 or out of state, while the sexual offender is under supervision 1148 in this state, including the name of the county or municipality 1149 in which the offender permanently or temporarily resides, or has 1150 a transient residence, and address, location or description, and 1151 dates of any current or known future temporary residence within 1152 the state or out of state, and, if known, the intended place of 1153 permanent, temporary, or transient residence, and address, 1154 location or description, and dates of any current or known 1155 future temporary residence within the state or out of state upon 1156 satisfaction of all sanctions; 1157 (c) The legal status of the sexual offender and the 1158 scheduled termination date of that legal status; 1159 (d) The location of, and local telephone number for, any 1160 Department of Corrections’ office that is responsible for 1161 supervising the sexual offender; 1162 (e) An indication of whether the victim of the offense that 1163 resulted in the offender’s status as a sexual offender was a 1164 minor; 1165 (f) The offense or offenses at conviction which resulted in 1166 the determination of the offender’s status as a sex offender; 1167 and 1168 (g) A digitized photograph of the sexual offender which 1169 must have been taken within 60 days before the offender is 1170 released from the custody of the department or a private 1171 correctional facility by expiration of sentence under s. 944.275 1172 or must have been taken by January 1, 1998, or within 60 days 1173 after the onset of the department’s supervision of any sexual 1174 offender who is on probation, community control, mandatory 1175 supervisionconditional release, parole, provisional release, or 1176 control release or who is supervised by the department under the 1177 Interstate Compact Agreement for Probationers and Parolees. If 1178 the sexual offender is in the custody of a private correctional 1179 facility, the facility shall take a digitized photograph of the 1180 sexual offender within the time period provided in this 1181 paragraph and shall provide the photograph to the department. 1182 1183 If any information provided by the department changes during the 1184 time the sexual offender is under the department’s control, 1185 custody, or supervision, including any change in the offender’s 1186 name by reason of marriage or other legal process, the 1187 department shall, in a timely manner, update the information and 1188 provide it to the Department of Law Enforcement in the manner 1189 prescribed in subsection (2). 1190 Section 19. Subsection (5) of section 944.608, Florida 1191 Statutes, is amended to read: 1192 944.608 Notification to Department of Law Enforcement of 1193 information on career offenders.— 1194 (5) The information provided to the Department of Law 1195 Enforcement must include: 1196 (a) The information obtained from the career offender under 1197 subsection (3); 1198 (b) The career offender’s most current address and place of 1199 permanent and temporary residence within the state or out of 1200 state while the career offender is under supervision in this 1201 state, including the name of the county or municipality in which 1202 the career offender permanently or temporarily resides and, if 1203 known, the intended place of permanent or temporary residence 1204 upon satisfaction of all sanctions; 1205 (c) The legal status of the career offender and the 1206 scheduled termination date of that legal status; 1207 (d) The location of, and local telephone number for, any 1208 Department of Corrections’ office that is responsible for 1209 supervising the career offender; and 1210 (e) A digitized photograph of the career offender, which 1211 must have been taken within 60 days before the career offender 1212 is released from the custody of the department or a private 1213 correctional facility or within 60 days after the onset of the 1214 department’s supervision of any career offender who is on 1215 probation, community control, mandatory supervisionconditional1216release, parole, provisional release, or control release. If the 1217 career offender is in the custody or control of, or under the 1218 supervision of, a private correctional facility, the facility 1219 shall take a digitized photograph of the career offender within 1220 the time period provided in this paragraph and shall provide the 1221 photograph to the department. 1222 Section 20. Subsection (1) of section 944.70, Florida 1223 Statutes, is amended to read: 1224 944.70 Conditions for release from incarceration.— 1225 (1)(a) A person who is convicted of a crime committed on or 1226 after October 1, 1983, but before January 1, 1994, may be 1227 released from incarceration only: 1228 1. Upon expiration of the person’s sentence; 1229 2. Upon expiration of the person’s sentence as reduced by 1230 accumulated gain-time; 1231 3. As directed by an executive order granting clemency; 1232 4. Upon attaining the provisional release date; 1233 5. Upon placement in a mandatory supervisionconditional1234releaseprogram pursuant to s. 947.1405; or 1235 6. Upon the granting of control release pursuant to s. 1236 947.146. 1237 (b) A person who is convicted of a crime committed on or 1238 after January 1, 1994, may be released from incarceration only: 1239 1. Upon expiration of the person’s sentence; 1240 2. Upon expiration of the person’s sentence as reduced by 1241 accumulated meritorious or incentive gain-time; 1242 3. As directed by an executive order granting clemency; 1243 4. Upon placement in a mandatory supervisionconditional1244releaseprogram pursuant to s. 947.1405 or a conditional medical 1245 release program pursuant to s. 947.149; or 1246 5. Upon the granting of control release, including 1247 emergency control release, pursuant to s. 947.146. 1248 Section 21. Section 945.36, Florida Statutes, is amended to 1249 read: 1250 945.36 Exemption from health testing regulations for law 1251 enforcement personnel conducting drug tests on inmates and 1252 releasees.— 1253 (1) Any law enforcement officer, state or county probation 1254 officer, or employee of the Department of Corrections, who is 1255 certified by the Department of Corrections pursuant to 1256 subsection (2), is exempt from part I of chapter 483, for the 1257 limited purpose of administering a urine screen drug test to: 1258 (a) Persons during incarceration; 1259 (b) Persons released as a condition of probation for either 1260 a felony or misdemeanor; 1261 (c) Persons released as a condition of community control; 1262 (d) Persons released as a condition of mandatory 1263 supervisionconditional release; 1264 (e) Persons released as a condition of parole; 1265 (f) Persons released as a condition of provisional release; 1266 (g) Persons released as a condition of pretrial release; or 1267 (h) Persons released as a condition of control release. 1268 (2) The Department of Corrections shall develop a procedure 1269 for certification of any law enforcement officer, state or 1270 county probation officer, or employee of the Department of 1271 Corrections to perform a urine screen drug test on the persons 1272 specified in subsection (1). 1273 Section 22. Subsection (2) of section 947.071, Florida 1274 Statutes, is amended to read: 1275 947.071 Rulemaking procedures; indexing of orders.— 1276 (2) The only final orders of the commission which must 1277shallbe indexed pursuant to chapter 120 are: 1278 (a) Orders granting parole. 1279 (b) Orders revoking parole. 1280 (c) Orders restoring to supervision. 1281 (d) Orders releasing from custody and further supervision. 1282 (e) Early parole termination orders. 1283 (f) Orders granting mandatory supervisionconditional1284release. 1285 (g) Orders revoking mandatory supervisionconditional1286release. 1287 Section 23. Paragraph (f) of subsection (1) of section 1288 947.13, Florida Statutes, is amended to read: 1289 947.13 Powers and duties of commission.— 1290 (1) The commission shall have the powers and perform the 1291 duties of: 1292 (f) Establishing the terms and conditions of persons 1293 released on mandatory supervisionconditional releaseunder s. 1294 947.1405, and determining subsequent ineligibility for mandatory 1295 supervisionconditional releasedue to a violation of the terms 1296 or conditions of mandatory supervisionconditional releaseand 1297 taking action with respect to such a violation. 1298 Section 24. Subsection (2) of section 947.22, Florida 1299 Statutes, is amended to read: 1300 947.22 Authority to arrest parole violators with or without 1301 warrant.— 1302 (2) Any parole and probation officer, if she or he has 1303 reasonable ground to believe that a parolee, control releasee, 1304 or mandatory supervisionconditionalreleasee has violated the 1305 terms and conditions of her or his parole, control release, or 1306 mandatory supervisionconditional releasein a material respect, 1307 has the right to arrest the releasee or parolee without warrant 1308 and bring her or him forthwith before one or more commissioners 1309 or a duly authorized representative of the Florida Commission on 1310 Offender Review or Control Release Authority; and proceedings 1311 shall thereupon be had as provided herein when a warrant has 1312 been issued by a member of the commission or authority or a duly 1313 authorized representative of the commission or authority. 1314 Section 25. Subsections (1) and (2) of section 947.24, 1315 Florida Statutes, are amended to read: 1316 947.24 Discharge from parole supervision or release 1317 supervision.— 1318 (1) When a person is placed on parole, control release, or 1319 mandatory supervisionconditional release, the commission shall 1320 determine the period of time the person will be under parole 1321 supervision or release supervision in the following manner: 1322 (a) If the person is being paroled or released under 1323 supervision from a single or concurrent sentence, the period of 1324 time the person will be under parole supervision or release 1325 supervision may not exceed 2 years unless the commission 1326 designates a longer period of time, in which case it must advise 1327 the parolee or releasee in writing of the reasons for the 1328 extended period. In any event, the period of parole supervision 1329 or release supervision may not exceed the maximum period for 1330 which the person has been sentenced. 1331 (b) If the person is being paroled or released under 1332 supervision from a consecutive sentence or sentences, the period 1333 of time the person will be under parole supervision or release 1334 supervision will be for the maximum period for which the person 1335 was sentenced. 1336 (2) The commission shall review the progress of each person 1337 who has been placed on parole, control release, or mandatory 1338 supervisionconditional releaseafter 2 years of supervision in 1339 the community and biennially thereafter. The department shall 1340 provide to the commission the information necessary to conduct 1341 such a review. Such review must include consideration of whether 1342 to modify the reporting schedule, thereby authorizing the person 1343 under parole supervision or release supervision to submit 1344 reports quarterly, semiannually, or annually. The commission, 1345 after having retained jurisdiction of a person for a sufficient 1346 length of time to evidence satisfactory rehabilitation and 1347 cooperation, may further modify the terms and conditions of the 1348 person’s parole, control release, or mandatory supervision 1349conditional release, may discharge the person from parole 1350 supervision or release supervision, may relieve the person from 1351 making further reports, or may permit the person to leave the 1352 state or country, upon finding that such action is in the best 1353 interests of the person and society. 1354 Section 26. Paragraph (a) of subsection (1) and subsection 1355 (3) of section 948.09, Florida Statutes, are amended to read: 1356 948.09 Payment for cost of supervision and rehabilitation.— 1357 (1)(a)1. Any person ordered by the court, the Department of 1358 Corrections, or the Florida Commission on Offender Review to be 1359 placed on probation, drug offender probation, community control, 1360 parole, control release, provisional release supervision, 1361 addiction-recovery supervision, or mandatoryconditional release1362 supervision under this chapter, chapter 944, chapter 945, 1363 chapter 947, or chapter 958, or in a pretrial intervention 1364 program, must, as a condition of any placement, pay the 1365 department a total sum of money equal to the total month or 1366 portion of a month of supervision times the court-ordered 1367 amount, but not to exceed the actual per diem cost of the 1368 supervision. The department shall adopt rules by which an 1369 offender who pays in full and in advance of regular termination 1370 of supervision may receive a reduction in the amount due. The 1371 rules shall incorporate provisions by which the offender’s 1372 ability to pay is linked to an established written payment plan. 1373 Funds collected from felony offenders may be used to offset 1374 costs of the Department of Corrections associated with community 1375 supervision programs, subject to appropriation by the 1376 Legislature. 1377 2. In addition to any other contribution or surcharge 1378 imposed by this section, each felony offender assessed under 1379 this paragraph shall pay a $2-per-month surcharge to the 1380 department. The surcharge shall be deemed to be paid only after 1381 the full amount of any monthly payment required by the 1382 established written payment plan has been collected by the 1383 department. These funds shall be used by the department to pay 1384 for correctional probation officers’ training and equipment, 1385 including radios, and firearms training, firearms, and attendant 1386 equipment necessary to train and equip officers who choose to 1387 carry a concealed firearm while on duty. This subparagraph does 1388 not limit the department’s authority to determine who shall be 1389 authorized to carry a concealed firearm while on duty, or limit 1390 the right of a correctional probation officer to carry a 1391 personal firearm approved by the department. 1392 (3) Any failure to pay contribution as required under this 1393 section may constitute a ground for the revocation of probation 1394 by the court, the revocation of parole or mandatory supervision 1395conditional releaseby the Florida Commission on Offender 1396 Review, the revocation of control release by the Control Release 1397 Authority, or removal from the pretrial intervention program by 1398 the state attorney. The Department of Corrections may exempt a 1399 person from the payment of all or any part of the contribution 1400 if it finds any of the following factors to exist: 1401 (a) The offender has diligently attempted, but has been 1402 unable, to obtain employment which provides him or her 1403 sufficient income to make such payments. 1404 (b) The offender is a student in a school, college, 1405 university, or course of career training designed to fit the 1406 student for gainful employment. Certification of such student 1407 status shall be supplied to the Secretary of Corrections by the 1408 educational institution in which the offender is enrolled. 1409 (c) The offender has an employment handicap, as determined 1410 by a physical, psychological, or psychiatric examination 1411 acceptable to, or ordered by, the secretary. 1412 (d) The offender’s age prevents him or her from obtaining 1413 employment. 1414 (e) The offender is responsible for the support of 1415 dependents, and the payment of such contribution constitutes an 1416 undue hardship on the offender. 1417 (f) The offender has been transferred outside the state 1418 under an interstate compact adopted pursuant to chapter 949. 1419 (g) There are other extenuating circumstances, as 1420 determined by the secretary. 1421 Section 27. Section 948.32, Florida Statutes, is amended to 1422 read: 1423 948.32 Requirements of law enforcement agency upon arrest 1424 of persons for certain sex offenses.— 1425 (1) When any state or local law enforcement agency 1426 investigates or arrests a person for committing, or attempting, 1427 soliciting, or conspiring to commit, a violation of s. 1428 787.025(2)(c), s. 787.06(3)(g), chapter 794, former s. 796.03, 1429 s. 800.04, s. 827.071, s. 847.0133, s. 847.0135, or s. 847.0145, 1430 the law enforcement agency shall contact the Department of 1431 Corrections to verify whether the person under investigation or 1432 under arrest is on probation, community control, parole, 1433 mandatory supervisionconditional release, or control release. 1434 (2) If the law enforcement agency finds that the person 1435 under investigation or under arrest is on probation, community 1436 control, parole, mandatory supervisionconditional release, or 1437 control release, the law enforcement agency shall immediately 1438 notify the person’s probation officer or release supervisor of 1439 the investigation or the arrest. 1440 Section 28. Subsection (6) of section 957.06, Florida 1441 Statutes, is amended to read: 1442 957.06 Powers and duties not delegable to contractor.—A 1443 contract entered into under this chapter does not authorize, 1444 allow, or imply a delegation of authority to the contractor to: 1445 (6) Make recommendations to the Florida Commission on 1446 Offender Review with respect to the denial or granting of 1447 parole, control release, mandatory supervisionconditional1448release, or conditional medical release. However, the contractor 1449 may submit written reports to the Florida Commission on Offender 1450 Review and must respond to a written request by the Florida 1451 Commission on Offender Review for information. 1452 Section 29. The Conditional Release Program Act, ss. 1453 947.1405 and 947.141, Florida Statutes, which is renamed by the 1454 amendments made by this act to s. 947.1405(1), Florida Statutes, 1455 is continued as the Mandatory Supervision Program Act. 1456 Section 30. This act shall take effect October 1, 2015.