Bill Text: FL S0960 | 2010 | Regular Session | Comm Sub

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Bill Title: Corrections [SPSC]

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-04-22 - Placed on Special Order Calendar; Read 2nd time -SJ 00747; Substituted CS/CS/HB 1005 -SJ 00747; Laid on Table, companion bill(s) passed, see CS/CS/HB 1005 (Ch. 2010-64), HB 7035 (Ch. 2010-113) -SJ 00747 [S0960 Detail]

Download: Florida-2010-S0960-Comm_Sub.html

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Florida Senate - 2010                CS for CS for CS for SB 960 
 
By the Committees on Judiciary; Children, Families, and Elder 
Affairs; and Criminal Justice; and Senator Dockery 
590-04809-10                                           2010960c3 
1                        A bill to be entitled 
2         An act relating to corrections; amending s. 384.34, 
3         F.S.; revising criminal penalties pertaining to 
4         sexually transmissible diseases; amending s. 775.0877, 
5         F.S.; removing a provision authorizing a court to 
6         require an offender convicted of criminal transmission 
7         of HIV to serve a term of criminal quarantine 
8         community control; amending s. 796.08, F.S., relating 
9         to criminal transmission of HIV; conforming a cross 
10         reference; creating s. 800.09, F.S.; defining terms; 
11         providing that a person who is detained in a state or 
12         private correctional facility may not commit any lewd 
13         or lascivious behavior or other sexual act in the 
14         presence of an employee whom the detainee knows or 
15         reasonably should know is an employee; providing that 
16         a violation is a felony of the third degree; providing 
17         criminal penalties; amending s. 907.043, F.S.; 
18         updating monthly instead of weekly the register 
19         prepared by a pretrial release program that is readily 
20         available to the public at the office of the clerk of 
21         the circuit court; amending s. 921.187, F.S.; removing 
22         a reference to criminal quarantine community control 
23         to conform to changes made by the act; amending s. 
24         940.061, F.S.; requiring that the Department of 
25         Corrections send to the Parole Commission a monthly 
26         electronic list containing the names of inmates 
27         released from incarceration and offenders terminated 
28         from supervision and who may be eligible for 
29         restoration of civil rights; repealing s. 944.293, 
30         F.S., relating to the restoration of an inmate’s civil 
31         rights; amending s. 944.35, F.S.; prohibiting an 
32         employee of a private correctional facility from 
33         committing certain specified criminal acts; amending 
34         s. 944.605, F.S.; authorizing the Department of 
35         Corrections to electronically submit certain 
36         information to the sheriff of the county in which the 
37         inmate plans to reside and to the chief of police of 
38         the municipality where the inmate plans to reside; 
39         amending ss. 944.804 and 944.8041, F.S.; authorizing 
40         the department to establish and operate certain 
41         geriatric facilities at prison institutions; removing 
42         provisions authorizing the operation of a specified 
43         facility; amending s. 945.41, F.S.; deleting a 
44         prohibition against the placement of youthful 
45         offenders at certain institutions for mental health 
46         treatment; amending s. 945.42, F.S.; deleting 
47         references to an inmate’s refusal of voluntary 
48         placement for purposes of determining the inmate’s 
49         need for care and treatment; amending s. 945.43, F.S.; 
50         clarifying that an inmate is placed in a mental health 
51         treatment facility rather than admitted to the 
52         facility; authorizing the department to transport the 
53         inmate to the location of the hearing on such a 
54         placement; amending s. 945.46, F.S.; providing 
55         procedures for the transport of inmates who are 
56         mentally ill and who are scheduled to be released from 
57         confinement; creating s. 946.42, F.S.; authorizing the 
58         department to use inmate labor on private property 
59         under certain specified circumstances; defining terms; 
60         repealing s. 948.001(3), F.S., relating to the 
61         definition of the term “criminal quarantine community 
62         control,” to conform to changes made by the act; 
63         amending s. 948.03, F.S.; providing additional 
64         conditions of probation to be applied to a defendant; 
65         prohibiting a probationer from possessing, carrying, 
66         or owning a firearm; requiring consent of the 
67         correctional probation officer for possession of a 
68         weapon other than a firearm; requiring that a 
69         digitized photograph of an offender be part of the 
70         offender’s record; authorizing the department to 
71         display such photographs on its website for a 
72         specified period; providing certain exceptions; 
73         amending s. 948.09, F.S.; conforming a cross 
74         reference; amending ss. 948.101 and 948.11, F.S.; 
75         revising terms and conditions of community control and 
76         deleting provisions related to criminal quarantine 
77         community control; amending s. 951.26, F.S.; 
78         authorizing each local public safety coordinating 
79         council to develop a comprehensive local reentry plan 
80         for offenders reentering the community; providing an 
81         effective date. 
82 
83  Be It Enacted by the Legislature of the State of Florida: 
84 
85         Section 1. Subsection (5) of section 384.34, Florida 
86  Statutes, is amended to read: 
87         384.34 Penalties.— 
88         (5) Any person who violates the provisions of s. 384.24(2) 
89  commits a felony of the third degree, punishable as provided in 
90  s. 775.082, s. 775.083, or s. 775.084 ss. 775.082, 775.083, 
91  775.084, and 775.0877(7). Any person who commits multiple 
92  violations of the provisions of s. 384.24(2) commits a felony of 
93  the first degree, punishable as provided in s. 775.082, s. 
94  775.083, or s. 775.084 ss. 775.082, 775.083, 775.084, and 
95  775.0877(7). 
96         Section 2. Section 775.0877, Florida Statutes, is amended 
97  to read: 
98         775.0877 Criminal transmission of HIV; procedures; 
99  penalties.— 
100         (1) In any case in which a person has been convicted of or 
101  has pled nolo contendere or guilty to, regardless of whether 
102  adjudication is withheld, any of the following offenses, or the 
103  attempt thereof, which offense or attempted offense involves the 
104  transmission of body fluids from one person to another: 
105         (a) Section 794.011, relating to sexual battery, 
106         (b) Section 826.04, relating to incest, 
107         (c) Section 800.04(1), (2), and (3), relating to lewd, 
108  lascivious, or indecent assault or act upon any person less than 
109  16 years of age, 
110         (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d), 
111  relating to assault, 
112         (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b), 
113  relating to aggravated assault, 
114         (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c), 
115  relating to battery, 
116         (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a), 
117  relating to aggravated battery, 
118         (h) Section 827.03(1), relating to child abuse, 
119         (i) Section 827.03(2), relating to aggravated child abuse, 
120         (j) Section 825.102(1), relating to abuse of an elderly 
121  person or disabled adult, 
122         (k) Section 825.102(2), relating to aggravated abuse of an 
123  elderly person or disabled adult, 
124         (l) Section 827.071, relating to sexual performance by 
125  person less than 18 years of age, 
126         (m) Sections 796.03, 796.07, and 796.08, relating to 
127  prostitution, or 
128         (n) Section 381.0041(11)(b), relating to donation of blood, 
129  plasma, organs, skin, or other human tissue, 
130 
131  the court shall order the offender to undergo HIV testing, to be 
132  performed under the direction of the Department of Health in 
133  accordance with s. 381.004, unless the offender has undergone 
134  HIV testing voluntarily or pursuant to procedures established in 
135  s. 381.004(3)(h)6. or s. 951.27, or any other applicable law or 
136  rule providing for HIV testing of criminal offenders or inmates, 
137  subsequent to her or his arrest for an offense enumerated in 
138  paragraphs (a)-(n) for which she or he was convicted or to which 
139  she or he pled nolo contendere or guilty. The results of an HIV 
140  test performed on an offender pursuant to this subsection are 
141  not admissible in any criminal proceeding arising out of the 
142  alleged offense. 
143         (2) The results of the HIV test must be disclosed under the 
144  direction of the Department of Health, to the offender who has 
145  been convicted of or pled nolo contendere or guilty to an 
146  offense specified in subsection (1), the public health agency of 
147  the county in which the conviction occurred and, if different, 
148  the county of residence of the offender, and, upon request 
149  pursuant to s. 960.003, to the victim or the victim’s legal 
150  guardian, or the parent or legal guardian of the victim if the 
151  victim is a minor. 
152         (3) An offender who has undergone HIV testing pursuant to 
153  subsection (1), and to whom positive test results have been 
154  disclosed pursuant to subsection (2), who commits a second or 
155  subsequent offense enumerated in paragraphs (1)(a)-(n), commits 
156  criminal transmission of HIV, a felony of the third degree, 
157  punishable as provided in s. 775.082, s. 775.083, or s. 775.084 
158  subsection (7). A person may be convicted and sentenced 
159  separately for a violation of this subsection and for the 
160  underlying crime enumerated in paragraphs (1)(a)-(n). 
161         (4) An offender may challenge the positive results of an 
162  HIV test performed pursuant to this section and may introduce 
163  results of a backup test performed at her or his own expense. 
164         (5) Nothing in this section requires that an HIV infection 
165  have occurred in order for an offender to have committed 
166  criminal transmission of HIV. 
167         (6) For an alleged violation of any offense enumerated in 
168  paragraphs (1)(a)-(n) for which the consent of the victim may be 
169  raised as a defense in a criminal prosecution, it is an 
170  affirmative defense to a charge of violating this section that 
171  the person exposed knew that the offender was infected with HIV, 
172  knew that the action being taken could result in transmission of 
173  the HIV infection, and consented to the action voluntarily with 
174  that knowledge. 
175         (7) In addition to any other penalty provided by law for an 
176  offense enumerated in paragraphs (1)(a)-(n), the court may 
177  require an offender convicted of criminal transmission of HIV to 
178  serve a term of criminal quarantine community control, as 
179  described in s. 948.001. 
180         Section 3. Subsection (5) of section 796.08, Florida 
181  Statutes, is amended to read: 
182         796.08 Screening for HIV and sexually transmissible 
183  diseases; providing penalties.— 
184         (5) A person who: 
185         (a) Commits or offers to commit prostitution; or 
186         (b) Procures another for prostitution by engaging in sexual 
187  activity in a manner likely to transmit the human 
188  immunodeficiency virus, 
189 
190  and who, prior to the commission of such crime, had tested 
191  positive for human immunodeficiency virus and knew or had been 
192  informed that he or she had tested positive for human 
193  immunodeficiency virus and could possibly communicate such 
194  disease to another person through sexual activity commits 
195  criminal transmission of HIV, a felony of the third degree, 
196  punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 
197  or s. 775.0877(7). A person may be convicted and sentenced 
198  separately for a violation of this subsection and for the 
199  underlying crime of prostitution or procurement of prostitution. 
200         Section 4. Section 800.09, Florida Statutes, is created to 
201  read: 
202         800.09 Lewd or lascivious exhibition in the presence of an 
203  employee.— 
204         (1)� As used in this section, the term: 
205         (a) “Facility” means a state correctional institution, as 
206  defined in s. 944.02, or a private correctional facility, as 
207  defined in s. 944.710. 
208         (b) “Employee” means any person employed by or performing 
209  contractual services for a public or private entity operating a 
210  facility or any person employed by or performing contractual 
211  services for the corporation operating the prison industry 
212  enhancement programs or the correctional work programs under 
213  part II of chapter 946. The term also includes any person who is 
214  a parole examiner with the Parole Commission. 
215         (2)(a) A person who is detained in a facility may not: 
216         1. Intentionally masturbate; 
217         2. Intentionally expose the genitals in a lewd or 
218  lascivious manner; or 
219         3. Intentionally commit any other sexual act that does not 
220  involve actual physical or sexual contact with the victim, 
221  including, but not limited to, sadomasochistic abuse, sexual 
222  bestiality, or the simulation of any act involving sexual 
223  activity, 
224 
225  in the presence of a person he or she knows or reasonably should 
226  know is an employee. 
227         (b)� A person who violates paragraph (a) commits lewd or 
228  lascivious exhibition in the presence of an employee, a felony 
229  of the third degree, punishable as provided in s. 775.082, s. 
230  775.083, or s. 775.084. 
231         Section 5. Paragraph (b) of subsection (3) of section 
232  907.043, Florida Statutes, is amended to read: 
233         907.043 Pretrial release; citizens’ right to know.— 
234         (3) 
235         (b) The register must be updated monthly weekly and display 
236  accurate data regarding the following information: 
237         1. The name, location, and funding source of the pretrial 
238  release program. 
239         2. The number of defendants assessed and interviewed for 
240  pretrial release. 
241         3. The number of indigent defendants assessed and 
242  interviewed for pretrial release. 
243         4. The names and number of defendants accepted into the 
244  pretrial release program. 
245         5. The names and number of indigent defendants accepted 
246  into the pretrial release program. 
247         6. The charges filed against and the case numbers of 
248  defendants accepted into the pretrial release program. 
249         7. The nature of any prior criminal conviction of a 
250  defendant accepted into the pretrial release program. 
251         8. The court appearances required of defendants accepted 
252  into the pretrial release program. 
253         9. The date of each defendant’s failure to appear for a 
254  scheduled court appearance. 
255         10. The number of warrants, if any, which have been issued 
256  for a defendant’s arrest for failing to appear at a scheduled 
257  court appearance. 
258         11. The number and type of program noncompliance 
259  infractions committed by a defendant in the pretrial release 
260  program and whether the pretrial release program recommended 
261  that the court revoke the defendant’s release. 
262         Section 6. Subsections (2) and (3) of section 921.187, 
263  Florida Statutes, are amended to read: 
264         921.187 Disposition and sentencing; alternatives; 
265  restitution.— 
266         (2) In addition to any other penalty provided by law for an 
267  offense enumerated in s. 775.0877(1)(a)-(n), if the offender is 
268  convicted of criminal transmission of HIV pursuant to s. 
269  775.0877, the court may sentence the offender to criminal 
270  quarantine community control as described in s. 948.001. 
271         (2)(3) The court shall require an offender to make 
272  restitution under s. 775.089, unless the court finds clear and 
273  compelling reasons not to order such restitution. If the court 
274  does not order restitution, or orders restitution of only a 
275  portion of the damages, as provided in s. 775.089, the court 
276  shall state the reasons on the record in detail. An order 
277  requiring an offender to make restitution to a victim under s. 
278  775.089 does not remove or diminish the requirement that the 
279  court order payment to the Crimes Compensation Trust Fund under 
280  chapter 960. 
281         Section 7. Section 940.061, Florida Statutes, is amended to 
282  read: 
283         940.061 Informing persons about executive clemency and 
284  restoration of civil rights.—The Department of Corrections shall 
285  inform and educate inmates and offenders on community 
286  supervision about the restoration of civil rights. Each month 
287  the Department of Corrections shall send to the Parole 
288  Commission an electronic list containing the names of inmates 
289  who have been released from incarceration, and offenders who 
290  have been terminated from supervision, and who may be eligible 
291  and assist eligible inmates and offenders on community 
292  supervision with the completion of the application for the 
293  restoration of civil rights. 
294         Section 8. Section 944.293, Florida Statutes, is repealed. 
295         Section 9. Paragraph (b) of subsection (3) of section 
296  944.35, Florida Statutes, is amended to read: 
297         944.35 Authorized use of force; malicious battery and 
298  sexual misconduct prohibited; reporting required; penalties.— 
299         (3) 
300         (b)1. As used in this paragraph, the term “sexual 
301  misconduct” means the oral, anal, or vaginal penetration by, or 
302  union with, the sexual organ of another or the anal or vaginal 
303  penetration of another by any other object, but does not include 
304  an act done for a bona fide medical purpose or an internal 
305  search conducted in the lawful performance of the employee’s 
306  duty. 
307         2. Any employee of the department or a private correctional 
308  facility, as defined in s. 944.710, who engages in sexual 
309  misconduct with an inmate or an offender supervised by the 
310  department in the community, without committing the crime of 
311  sexual battery, commits a felony of the third degree, punishable 
312  as provided in s. 775.082, s. 775.083, or s. 775.084. 
313         3. The consent of the inmate or offender supervised by the 
314  department in the community to any act of sexual misconduct may 
315  not be raised as a defense to a prosecution under this 
316  paragraph. 
317         4. This paragraph does not apply to any employee of the 
318  department or any employee of a private correctional facility 
319  who is legally married to an inmate or an offender supervised by 
320  the department in the community, nor does it apply to any 
321  employee who has no knowledge, and would have no reason to 
322  believe, that the person with whom the employee has engaged in 
323  sexual misconduct is an inmate or an offender under community 
324  supervision of the department. 
325         Section 10. Subsection (3) of section 944.605, Florida 
326  Statutes, is amended to read: 
327         944.605 Inmate release; notification.— 
328         (3)(a) If an inmate is to be released after having served 
329  one or more sentences for a conviction of robbery, sexual 
330  battery, home-invasion robbery, or carjacking, or an inmate to 
331  be released has a prior conviction for robbery, sexual battery, 
332  home-invasion robbery, or carjacking or similar offense, in this 
333  state or in another jurisdiction, and if such prior conviction 
334  information is contained in department records, the department 
335  shall release to the sheriff of the county in which the inmate 
336  plans to reside, and, if the inmate plans to reside within a 
337  municipality, to the chief of police of that municipality, the 
338  following information, which must include, but need not be 
339  limited to: 
340         1.(a) Name; 
341         2.(b) Social security number; 
342         3.(c) Date of birth; 
343         4.(d) Race; 
344         5.(e) Sex; 
345         6.(f) Height; 
346         7.(g) Weight; 
347         8.(h) Hair and eye color; 
348         9.(i) Tattoos or other identifying marks; 
349         10.(j) Fingerprints; and 
350         11.(k) A digitized photograph as provided in subsection 
351  (2). 
352 
353  The department shall release the information specified in this 
354  paragraph subsection within 6 months prior to the discharge of 
355  the inmate from the custody of the department. 
356         (b) The department may electronically submit the 
357  information listed in paragraph (a) to the sheriff of the county 
358  in which the inmate plans to reside, and, if the inmate plans to 
359  reside within a municipality, to the chief of police of that 
360  municipality. 
361         Section 11. Section 944.804, Florida Statutes, is amended 
362  to read: 
363         944.804 Elderly offenders correctional facilities program 
364  of 2000.— 
365         (1) The Legislature finds that the number and percentage of 
366  elderly offenders in the Florida prison system is increasing and 
367  will continue to increase for the foreseeable future. The 
368  current cost to incarcerate elderly offenders is approximately 
369  three times the cost of incarceration of younger inmates. 
370  Alternatives to the current approaches to housing, programming, 
371  and treating the medical needs of elderly offenders, which may 
372  reduce the overall costs associated with this segment of the 
373  prison population, must be explored and implemented. 
374         (2) The department shall establish and operate a geriatric 
375  facilities or geriatric dorms within a facility at the site 
376  known as River Junction Correctional Institution, which shall be 
377  an institution specifically for generally healthy elderly 
378  offenders who can perform general work appropriate for their 
379  physical and mental condition. Prior to reopening the facility, 
380  the department shall make modifications to the facility which 
381  will ensure its compliance with the Americans with Disabilities 
382  Act and decrease the likelihood of falls, accidental injury, and 
383  other conditions known to be particularly hazardous to the 
384  elderly. 
385         (a) In order to decrease long-term medical costs to the 
386  state, a preventive fitness/wellness program and diet 
387  specifically designed to maintain the mental and physical health 
388  of elderly offenders shall be developed and implemented. In 
389  developing the program, the department shall give consideration 
390  to preventive medical care for the elderly which shall include, 
391  but not be limited to, maintenance of bone density, all aspects 
392  of cardiovascular health, lung capacity, mental alertness, and 
393  orientation. Existing policies and procedures shall be 
394  reexamined and altered to encourage offenders to adopt a more 
395  healthy lifestyle and maximize their level of functioning. The 
396  program components shall be modified as data and experience are 
397  received which measure the relative success of the program 
398  components previously implemented. 
399         (b) Consideration must be given to redirecting resources as 
400  a method of offsetting increased medical costs. Elderly 
401  offenders are not likely to reenter society as a part of the 
402  workforce, and programming resources would be better spent in 
403  activities to keep the elderly offenders healthy, alert, and 
404  oriented. Limited or restricted programming or activities for 
405  elderly offenders will increase the daily cost of institutional 
406  and health care, and programming opportunities adequate to 
407  reduce the cost of care will be provided. Programming shall 
408  include, but not be limited to, recreation, education, and 
409  counseling which is needs-specific to elderly offenders. 
410  Institutional staff shall be specifically trained to effectively 
411  supervise elderly offenders and to detect physical or mental 
412  changes which warrant medical attention before more serious 
413  problems develop. 
414         (3) The department shall adopt rules that specify which 
415  elderly offenders shall be eligible to be housed at the 
416  geriatric correctional facilities or dorms River Junction 
417  Correctional Institution. 
418         (4) While developing the criteria for eligibility, the 
419  department shall use the information in existing offender 
420  databases to determine the number of offenders who would be 
421  eligible. The Legislature directs the department to consider a 
422  broad range of elderly offenders for the department’s geriatric 
423  facilities or dorms River Junction Correctional Institution who 
424  have good disciplinary records and a medical grade that will 
425  permit them to perform meaningful work activities, including 
426  participation in an appropriate correctional work program 
427  (PRIDE) facility, if available. 
428         (5) The department shall also submit a study based on 
429  existing offenders which projects the number of existing 
430  offenders who will qualify under the rules. An appendix to the 
431  study shall identify the specific offenders who qualify. 
432         Section 12. Section 944.8041, Florida Statutes, is amended 
433  to read: 
434         944.8041 Elderly offenders; annual review.—For the purpose 
435  of providing information to the Legislature on elderly offenders 
436  within the correctional system, the department and the 
437  Correctional Medical Authority shall each submit annually a 
438  report on the status and treatment of elderly offenders in the 
439  state-administered and private state correctional systems and, 
440  as well as such information on the department’s geriatric 
441  facilities and dorms River Junction Correctional Institution. In 
442  order to adequately prepare the reports, the department and the 
443  Department of Management Services shall grant access to the 
444  Correctional Medical Authority which includes access to the 
445  facilities, offenders, and any information the agencies require 
446  to complete their reports. The review shall also include an 
447  examination of promising geriatric policies, practices, and 
448  programs currently implemented in other correctional systems 
449  within the United States. The reports, with specific findings 
450  and recommendations for implementation, shall be submitted to 
451  the President of the Senate and the Speaker of the House of 
452  Representatives on or before December 31 of each year. 
453         Section 13. Subsections (4) and (5) of section 945.41, 
454  Florida Statutes, are amended to read: 
455         945.41 Legislative intent of ss. 945.40-945.49.—It is the 
456  intent of the Legislature that mentally ill inmates in the 
457  custody of the Department of Corrections receive evaluation and 
458  appropriate treatment for their mental illness through a 
459  continuum of services. It is further the intent of the 
460  Legislature that: 
461         (4) Any inmate sentenced as a youthful offender, or 
462  designated as a youthful offender by the department under 
463  pursuant to chapter 958, who is transferred pursuant to this act 
464  to a mental health treatment facility be separated from other 
465  inmates, if necessary, as determined by the warden of the 
466  treatment facility. In no case shall any youthful offender be 
467  placed at the Florida State Prison or the Union Correctional 
468  Institution for mental health treatment. 
469         (5) The department may designate a mental health treatment 
470  facilities facility for adult, youthful, and female offenders or 
471  may contract with other appropriate entities, persons, or 
472  agencies for such services. 
473         Section 14. Subsections (5) and (6) of section 945.42, 
474  Florida Statutes, are amended to read: 
475         945.42 Definitions; ss. 945.40-945.49.—As used in ss. 
476  945.40-945.49, the following terms shall have the meanings 
477  ascribed to them, unless the context shall clearly indicate 
478  otherwise: 
479         (5) “In immediate need of care and treatment” means that an 
480  inmate is apparently mentally ill and is not able to be 
481  appropriately cared for in the institution where he or she is 
482  confined and that, but for being isolated in a more restrictive 
483  and secure housing environment, because of the apparent mental 
484  illness: 
485         (a)1. The inmate is demonstrating a refusal to care for 
486  himself or herself and without immediate treatment intervention 
487  is likely to continue to refuse to care for himself or herself, 
488  and such refusal poses an immediate, real, and present threat of 
489  substantial harm to his or her well-being; or 
490         2. There is an immediate, real, and present threat that the 
491  inmate will inflict serious bodily harm on himself or herself or 
492  another person, as evidenced by recent behavior involving 
493  causing, attempting, or threatening such harm; 
494         (b)1. The inmate has refused voluntary placement for 
495  treatment at a mental health treatment facility after sufficient 
496  and conscientious explanation and disclosure of the purpose of 
497  placement; or 
498         2. The inmate is unable to determine for himself or herself 
499  whether placement is necessary; and 
500         (c) All available less restrictive treatment alternatives 
501  that would offer an opportunity for improvement of the inmate’s 
502  condition have been clinically determined to be inappropriate. 
503         (6) “In need of care and treatment” means that an inmate 
504  has a mental illness for which inpatient services in a mental 
505  health treatment facility are necessary and that, but for being 
506  isolated in a more restrictive and secure housing environment, 
507  because of the mental illness: 
508         (a)1. The inmate is demonstrating a refusal to care for 
509  himself or herself and without treatment is likely to continue 
510  to refuse to care for himself or herself, and such refusal poses 
511  a real and present threat of substantial harm to his or her 
512  well-being; or 
513         2. There is a substantial likelihood that in the near 
514  future the inmate will inflict serious bodily harm on himself or 
515  herself or another person, as evidenced by recent behavior 
516  causing, attempting, or threatening such harm; 
517         (b)1. The inmate has refused voluntary placement for 
518  treatment at a mental health treatment facility after sufficient 
519  and conscientious explanation and disclosure of the purpose of 
520  placement; or 
521         2. The inmate is unable to determine for himself or herself 
522  whether placement is necessary; and 
523         (c) All available less restrictive treatment alternatives 
524  that would offer an opportunity for improvement of the inmate’s 
525  condition have been clinically determined to be inappropriate. 
526         Section 15. Section 945.43, Florida Statutes, is amended to 
527  read: 
528         945.43 Placement Admission of inmate in a to mental health 
529  treatment facility.— 
530         (1) CRITERIA.—An inmate may be placed in admitted to a 
531  mental health treatment facility if he or she is mentally ill 
532  and is in need of care and treatment, as defined in s. 945.42. 
533         (2) PROCEDURE FOR PLACEMENT IN A MENTAL HEALTH TREATMENT 
534  FACILITY.— 
535         (a) An inmate may be placed in admitted to a mental health 
536  treatment facility after notice and hearing, upon the 
537  recommendation of the warden of the facility where the inmate is 
538  confined. The recommendation shall be entered on a petition and 
539  must be supported by the expert opinion of a psychiatrist and 
540  the second opinion of a psychiatrist or psychological 
541  professional. The petition shall be filed with the court in the 
542  county where the inmate is located. 
543         (b) A copy of the petition shall be served on the inmate, 
544  accompanied by a written notice that the inmate may apply 
545  immediately to the court to have an attorney appointed if the 
546  inmate cannot afford one. 
547         (c) The petition for placement shall may be filed in the 
548  county in which the inmate is located. The hearing shall be held 
549  in the same county, and one of the inmate’s physicians at the 
550  facility where the inmate is located shall appear as a witness 
551  at the hearing. 
552         (d) An attorney representing the inmate shall have access 
553  to the inmate and any records, including medical or mental 
554  health records, which are relevant to the representation of the 
555  inmate. 
556         (e) If the court finds that the inmate is mentally ill and 
557  in need of care and treatment, as defined in s. 945.42, the 
558  court shall order that he or she be placed in a mental health 
559  treatment facility or, if the inmate is at a mental health 
560  treatment facility, that he or she be retained there. The court 
561  shall authorize the mental health treatment facility to retain 
562  the inmate for up to 6 months. If, at the end of that time, 
563  continued placement is necessary, the warden shall apply to the 
564  Division of Administrative Hearings in accordance with s. 945.45 
565  for an order authorizing continued placement. 
566         (3) PROCEDURE FOR HEARING ON PLACEMENT OF AN INMATE IN A 
567  MENTAL HEALTH TREATMENT FACILITY.— 
568         (a) The court shall serve notice on the warden of the 
569  facility where the inmate is confined and the allegedly mentally 
570  ill inmate. The notice must specify the date, time, and place of 
571  the hearing; the basis for the allegation of mental illness; and 
572  the names of the examining experts. The hearing shall be held 
573  within 5 days, and the court may appoint a general or special 
574  magistrate to preside. The court may waive the presence of the 
575  inmate at the hearing if the such waiver is consistent with the 
576  best interests of the inmate and the inmate’s counsel does not 
577  object. The department may transport the inmate to the location 
578  of the hearing if the hearing is not conducted at the facility 
579  or by electronic means. The hearing may be as informal as is 
580  consistent with orderly procedure. One of the experts whose 
581  opinion supported the petition for placement shall be present at 
582  the hearing for information purposes. 
583         (b) If, at the hearing, the court finds that the inmate is 
584  mentally ill and in need of care and treatment, as defined in s. 
585  945.42, the court shall order that he or she be placed in a 
586  mental health treatment facility. The court shall provide a copy 
587  of its order authorizing placement and all supporting 
588  documentation relating to the inmate’s condition to the warden 
589  of the treatment facility. If the court finds that the inmate is 
590  not mentally ill, it shall dismiss the petition for placement. 
591         (4) REFUSAL OF PLACEMENT.—The warden of an institution in 
592  which a mental health treatment facility is located may refuse 
593  to place any inmate in that treatment facility who is not 
594  accompanied by adequate court orders and documentation, as 
595  required in ss. 945.40-945.49. 
596         Section 16. Section 945.46, Florida Statutes, is amended to 
597  read: 
598         945.46 Initiation of involuntary placement proceedings with 
599  respect to a mentally ill inmate scheduled for release.— 
600         (1) If an inmate who is receiving mental health treatment 
601  in the department is scheduled for release through expiration of 
602  sentence or any other means, but continues to be mentally ill 
603  and in need of care and treatment, as defined in s. 945.42, the 
604  warden is authorized to initiate procedures for involuntary 
605  placement pursuant to s. 394.467, 60 days prior to such release. 
606         (2) In addition, the warden may initiate procedures for 
607  involuntary examination pursuant to s. 394.463 for any inmate 
608  who has a mental illness and meets the criteria of s. 
609  394.463(1). 
610         (3) The department may transport an individual who is being 
611  released from its custody to a receiving or treatment facility 
612  for involuntary examination or placement. Such transport shall 
613  be made to a facility that is specified by the Department of 
614  Children and Family Services as able to meet the specific needs 
615  of the individual. If the Department of Children and Family 
616  Services does not specify a facility, transport may be made to 
617  the nearest receiving facility. 
618         Section 17. Section 946.42, Florida Statutes, is created to 
619  read: 
620         946.42 Use of inmates on private property.— 
621         (1) The department may allow inmates who meet the criteria 
622  provided in s. 946.40 to enter onto private property to perform 
623  public works or for the following purposes: 
624         (a) To accept and collect donations for the use and benefit 
625  of the department. 
626         (b) To assist federal, state, local, and private agencies 
627  before, during, and after emergencies or disasters. 
628         (2) As used in this section, the term: 
629         (a) “Disaster” means any natural, technological, or civil 
630  emergency that causes damage of sufficient severity and 
631  magnitude to result in a declaration of a state of emergency by 
632  a county, the Governor, or the President of the United States. 
633         (b) “Donations” means gifts of tangible personal property 
634  and includes equipment, fixtures, construction materials, food 
635  items, and other tangible personal property of a consumable and 
636  nonconsumable nature. 
637         (c) “Emergency” means any occurrence or threat of an 
638  occurrence, whether natural, technological, or manmade, in war 
639  or in peace, which results or may result in substantial injury 
640  or harm to the population or substantial damage to or loss of 
641  property. 
642         Section 18. Subsection (3) of section 948.001, Florida 
643  Statutes, is repealed. 
644         Section 19. Subsection (1) of section 948.03, Florida 
645  Statutes, is amended to read: 
646         948.03 Terms and conditions of probation.— 
647         (1) The court shall determine the terms and conditions of 
648  probation. Conditions specified in this section do not require 
649  oral pronouncement at the time of sentencing and may be 
650  considered standard conditions of probation. These conditions 
651  may include among them the following, that the probationer or 
652  offender in community control shall: 
653         (a) Report to the probation and parole supervisors as 
654  directed. 
655         (b) Permit such supervisors to visit him or her at his or 
656  her home or elsewhere. 
657         (c) Work faithfully at suitable employment insofar as may 
658  be possible. 
659         (d) Remain within a specified place. 
660         (e) Live without violating any law. A conviction in a court 
661  of law is not necessary for such a violation of law to 
662  constitute a violation of probation, community control, or any 
663  other form of court-ordered supervision. 
664         (f)(e) Make reparation or restitution to the aggrieved 
665  party for the damage or loss caused by his or her offense in an 
666  amount to be determined by the court. The court shall make such 
667  reparation or restitution a condition of probation, unless it 
668  determines that clear and compelling reasons exist to the 
669  contrary. If the court does not order restitution, or orders 
670  restitution of only a portion of the damages, as provided in s. 
671  775.089, it shall state on the record in detail the reasons 
672  therefor. 
673         (g)(f) Effective July 1, 1994, and applicable for offenses 
674  committed on or after that date, make payment of the debt due 
675  and owing to a county or municipal detention facility under s. 
676  951.032 for medical care, treatment, hospitalization, or 
677  transportation received by the felony probationer while in that 
678  detention facility. The court, in determining whether to order 
679  such repayment and the amount of the such repayment, shall 
680  consider the amount of the debt, whether there was any fault of 
681  the institution for the medical expenses incurred, the financial 
682  resources of the felony probationer, the present and potential 
683  future financial needs and earning ability of the probationer, 
684  and dependents, and other appropriate factors. 
685         (h)(g) Support his or her legal dependents to the best of 
686  his or her ability. 
687         (i)(h) Make payment of the debt due and owing to the state 
688  under s. 960.17, subject to modification based on change of 
689  circumstances. 
690         (j)(i) Pay any application fee assessed under s. 
691  27.52(1)(b) and attorney’s fees and costs assessed under s. 
692  938.29, subject to modification based on change of 
693  circumstances. 
694         (k)(j) Not associate with persons engaged in criminal 
695  activities. 
696         (l)(k)1. Submit to random testing as directed by the 
697  correctional probation officer or the professional staff of the 
698  treatment center where he or she is receiving treatment to 
699  determine the presence or use of alcohol or controlled 
700  substances. 
701         2. If the offense was a controlled substance violation and 
702  the period of probation immediately follows a period of 
703  incarceration in the state correction system, the conditions 
704  shall include a requirement that the offender submit to random 
705  substance abuse testing intermittently throughout the term of 
706  supervision, upon the direction of the correctional probation 
707  officer as defined in s. 943.10(3). 
708         (m)(l) Be prohibited from possessing, carrying, or owning 
709  any: 
710         1. Firearm unless authorized by the court and consented to 
711  by the probation officer. 
712         2. Weapon without first procuring the consent of the 
713  correctional probation officer. 
714         (n)(m) Be prohibited from using intoxicants to excess or 
715  possessing any drugs or narcotics unless prescribed by a 
716  physician. The probationer or community controllee shall not 
717  knowingly visit places where intoxicants, drugs, or other 
718  dangerous substances are unlawfully sold, dispensed, or used. 
719         (o)(n) Submit to the drawing of blood or other biological 
720  specimens as prescribed in ss. 943.325 and 948.014, and 
721  reimburse the appropriate agency for the costs of drawing and 
722  transmitting the blood or other biological specimens to the 
723  Department of Law Enforcement. 
724         (p) Submit to the taking of a digitized photograph by the 
725  department as a part of the offender’s records. This photograph 
726  may be displayed on the department’s public website while the 
727  offender is under court-ordered supervision. However, the 
728  department may not display the photograph on the website if the 
729  offender is only on pretrial intervention supervision or is an 
730  offender whose identity is exempt from disclosure due to an 
731  exemption from the requirements of s. 119.07. 
732         Section 20. Subsection (7) of section 948.09, Florida 
733  Statutes, is amended to read: 
734         948.09 Payment for cost of supervision and rehabilitation.— 
735         (7) The department shall establish a payment plan for all 
736  costs ordered by the courts for collection by the department and 
737  a priority order for payments, except that victim restitution 
738  payments authorized under s. 948.03(1)(f) s. 948.03(1)(e) take 
739  precedence over all other court-ordered payments. The department 
740  is not required to disburse cumulative amounts of less than $10 
741  to individual payees established on this payment plan. 
742         Section 21. Section 948.101, Florida Statutes, is amended 
743  to read: 
744         948.101 Terms and conditions of community control and 
745  criminal quarantine community control.— 
746         (1) The court shall determine the terms and conditions of 
747  community control. Conditions specified in this subsection do 
748  not require oral pronouncement at the time of sentencing and may 
749  be considered standard conditions of community control. 
750         (a) The court shall require intensive supervision and 
751  surveillance for an offender placed into community control, 
752  which may include, but is not limited to: 
753         (a)1. Specified contact with the parole and probation 
754  officer. 
755         (b)2. Confinement to an agreed-upon residence during hours 
756  away from employment and public service activities. 
757         (c)3. Mandatory public service. 
758         (d)4. Supervision by the Department of Corrections by means 
759  of an electronic monitoring device or system. 
760         (e)5. The standard conditions of probation set forth in s. 
761  948.03. 
762         (b) For an offender placed on criminal quarantine community 
763  control, the court shall require: 
764         1. Electronic monitoring 24 hours per day. 
765         2. Confinement to a designated residence during designated 
766  hours. 
767         (2) The enumeration of specific kinds of terms and 
768  conditions does not prevent the court from adding thereto any 
769  other terms or conditions that the court considers proper. 
770  However, the sentencing court may only impose a condition of 
771  supervision allowing an offender convicted of s. 794.011, s. 
772  800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 to reside in 
773  another state if the order stipulates that it is contingent upon 
774  the approval of the receiving state interstate compact 
775  authority. The court may rescind or modify at any time the terms 
776  and conditions theretofore imposed by it upon the offender in 
777  community control. However, if the court withholds adjudication 
778  of guilt or imposes a period of incarceration as a condition of 
779  community control, the period may not exceed 364 days, and 
780  incarceration shall be restricted to a county facility, a 
781  probation and restitution center under the jurisdiction of the 
782  Department of Corrections, a probation program drug punishment 
783  phase I secure residential treatment institution, or a community 
784  residential facility owned or operated by any entity providing 
785  such services. 
786         (3) The court may place a defendant who is being sentenced 
787  for criminal transmission of HIV in violation of s. 775.0877 on 
788  criminal quarantine community control. The Department of 
789  Corrections shall develop and administer a criminal quarantine 
790  community control program emphasizing intensive supervision with 
791  24-hour-per-day electronic monitoring. Criminal quarantine 
792  community control status must include surveillance and may 
793  include other measures normally associated with community 
794  control, except that specific conditions necessary to monitor 
795  this population may be ordered. 
796         Section 22. Subsection (1) of section 948.11, Florida 
797  Statutes, is amended to read: 
798         948.11 Electronic monitoring devices.— 
799         (1)(a) The Department of Corrections may, at its 
800  discretion, electronically monitor an offender sentenced to 
801  community control. 
802         (b) The Department of Corrections shall electronically 
803  monitor an offender sentenced to criminal quarantine community 
804  control 24 hours per day. 
805         Section 23. Present subsection (4) of section 951.26, 
806  Florida Statutes, is renumbered as subsection (5), and a new 
807  subsection (4) is added to that section, to read: 
808         951.26 Public safety coordinating councils.— 
809         (4) The council may also develop a comprehensive local 
810  reentry plan that is designed to assist offenders released from 
811  incarceration to successfully reenter the community. The plan 
812  should cover at least a 5-year period. In developing the plan, 
813  the council shall coordinate with public safety officials and 
814  local community organizations who can provide offenders with 
815  reentry services, such as assistance with housing, health care, 
816  education, substance abuse treatment, and employment. 
817         Section 24. This act shall take effect July 1, 2010.