Bill Text: FL S0960 | 2010 | Regular Session | Introduced

Florida Senate Bill 960 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
 
Florida Senate - 2010                                     SB 960 
 
By Senator Dockery 
15-00897-10                                            2010960__ 
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 may not, while detained in a 
12         state or private correctional facility, harass, annoy, 
13         threaten, or alarm a person whom the detainee knows or 
14         reasonably should know is an employee of the facility 
15         or commit any lewd or lascivious behavior or other 
16         sexual act in the presence of an employee; providing 
17         that a violation is a felony of the third degree; 
18         providing criminal penalties; amending s. 916.107, 
19         F.S.; permitting the Department of Corrections to 
20         retain physical custody of a forensic client who is 
21         serving a sentence in the custody of the Department of 
22         Corrections and who has been adjudicated incompetent 
23         to proceed or not guilty by reason of insanity; 
24         requiring the Department of Children and Family 
25         Services to be responsible for all of the client’s 
26         necessary and appropriate competency evaluation, 
27         treatment, and training; providing that forensic 
28         clients who are housed with the Department of 
29         Corrections have the same duties, rights, and 
30         responsibilities as other inmates; providing 
31         conditions by which an admitting physician may order a 
32         continuation of psychotherapeutic medication; amending 
33         s. 916.13, F.S.; providing procedures for the 
34         involuntary commitment of a defendant who is 
35         adjudicated incompetent to proceed and committed to 
36         the Department of Corrections; amending s. 916.15, 
37         F.S.; providing procedures for a defendant who is 
38         adjudicated guilty by reason of insanity and no longer 
39         meets the criteria for involuntary commitment; 
40         amending s. 921.187, F.S.; removing a reference to 
41         criminal quarantine community control to conform to 
42         changes made by the act; amending s. 940.061, F.S.; 
43         requiring that the Department of Corrections send to 
44         the Parole Commission a monthly electronic list 
45         containing the names of inmates released from 
46         incarceration and offenders terminated from 
47         supervision and who may be eligible for restoration of 
48         civil rights; amending s. 944.1905, F.S.; deleting a 
49         provision providing for the assignment of youthful 
50         offenders to the general inmate population under 
51         certain conditions; repealing s. 944.293, F.S., 
52         relating to the restoration of an inmate’s civil 
53         rights; amending s. 944.35, F.S.; prohibiting an 
54         employee of a private correctional facility from 
55         committing certain specified criminal acts; amending 
56         s. 944.605, F.S.; authorizing the Department of 
57         Corrections to electronically submit certain 
58         information to the sheriff of the county in which the 
59         inmate plans to reside or to the chief of police of 
60         the municipality where the inmate plans to reside; 
61         amending ss. 944.804 and 944.8041, F.S.; authorizing 
62         the department to establish and operate certain 
63         geriatric facilities at prison institutions; removing 
64         provisions authorizing the operation of a specified 
65         facility; amending s. 945.41, F.S.; deleting a 
66         prohibition against the placement of youthful 
67         offenders at certain institutions for mental health 
68         treatment; amending s. 945.42, F.S.; deleting 
69         references to an inmate’s refusal of voluntary 
70         placement for purposes of determining the inmate’s 
71         need for care and treatment; amending s. 945.43, F.S.; 
72         clarifying that an inmate is placed in a mental health 
73         treatment facility rather than admitted to the 
74         facility; authorizing the department to transport the 
75         inmate to the location of the hearing on such a 
76         placement; amending s. 945.46, F.S.; providing 
77         procedures for the transport of inmates who are 
78         mentally ill and who are scheduled to be released from 
79         confinement; creating s. 946.42, F.S.; authorizing the 
80         department to use inmate labor on private property 
81         under certain specified circumstances; defining terms; 
82         repealing s. 948.001(3), F.S., relating to the 
83         definition of the term “criminal quarantine community 
84         control,” to conform to changes made by the act; 
85         amending s. 948.03, F.S.; providing additional 
86         conditions of probation to be applied to a defendant; 
87         deleting a requirement that a probationer obtain court 
88         authorization in order to possess a weapon; requiring 
89         that a digitized photograph of an offender be part of 
90         the offender’s record; authorizing the department to 
91         display such photographs on its website for a 
92         specified period; providing certain exceptions; 
93         amending s. 948.09, F.S.; conforming a cross 
94         reference; amending ss. 948.101 and 948.11, F.S.; 
95         revising terms and conditions of community control and 
96         deleting provisions related to criminal quarantine 
97         community control; amending s. 951.26, F.S.; 
98         authorizing each local public safety coordinating 
99         council to develop a comprehensive local reentry plan 
100         for offenders reentering the community; amending s. 
101         958.03, F.S.; clarifying the definition of “youthful 
102         offender” and defining the term “youthful offender 
103         facility”; repealing s. 958.04(4) and (5), F.S., 
104         relating to basic training programs for youthful 
105         offenders; amending s. 958.045, F.S.; providing 
106         conditions under which a youthful offender may be 
107         suspended from a basic training program and placed in 
108         disciplinary confinement; providing for reinstatement; 
109         providing for exceptions; removing various procedures 
110         relating to the basic training program; amending s. 
111         958.09, F.S.; providing that certain adopted rules 
112         relating to the extension of the limits of confinement 
113         and restitution apply to youthful offenders; deleting 
114         provisions authorizing the department to contract with 
115         other agencies for the confinement, treatment, and 
116         supervision of youthful offenders; deleting provisions 
117         authorizing certain fines; amending and reenacting s. 
118         958.11, F.S.; providing that the department may assign 
119         youthful offenders to nonyouthful offender facilities 
120         in certain specified circumstances; amending s. 
121         951.231, F.S.; deleting an cross-reference to conform 
122         to changes made by the act; providing an effective 
123         date. 
124 
125  Be It Enacted by the Legislature of the State of Florida: 
126 
127         Section 1. Subsection (5) of section 384.34, Florida 
128  Statutes, is amended to read: 
129         384.34 Penalties.— 
130         (5) Any person who violates the provisions of s. 384.24(2) 
131  commits a felony of the third degree, punishable as provided in 
132  s. 775.082, s. 775.083, or s.775.084 ss. 775.082, 775.083, 
133  775.084, and 775.0877(7). Any person who commits multiple 
134  violations of the provisions of s. 384.24(2) commits a felony of 
135  the first degree, punishable as provided in s. 775.082, s. 
136  775.083, or s. 775.084 ss. 775.082, 775.083, 775.084, and 
137  775.0877(7). 
138         Section 2. Section 775.0877, Florida Statutes, is amended 
139  to read: 
140         775.0877 Criminal transmission of HIV; procedures; 
141  penalties.— 
142         (1) In any case in which a person has been convicted of or 
143  has pled nolo contendere or guilty to, regardless of whether 
144  adjudication is withheld, any of the following offenses, or the 
145  attempt thereof, which offense or attempted offense involves the 
146  transmission of body fluids from one person to another: 
147         (a) Section 794.011, relating to sexual battery, 
148         (b) Section 826.04, relating to incest, 
149         (c) Section 800.04(1), (2), and (3), relating to lewd, 
150  lascivious, or indecent assault or act upon any person less than 
151  16 years of age, 
152         (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d), 
153  relating to assault, 
154         (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b), 
155  relating to aggravated assault, 
156         (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c), 
157  relating to battery, 
158         (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a), 
159  relating to aggravated battery, 
160         (h) Section 827.03(1), relating to child abuse, 
161         (i) Section 827.03(2), relating to aggravated child abuse, 
162         (j) Section 825.102(1), relating to abuse of an elderly 
163  person or disabled adult, 
164         (k) Section 825.102(2), relating to aggravated abuse of an 
165  elderly person or disabled adult, 
166         (l) Section 827.071, relating to sexual performance by 
167  person less than 18 years of age, 
168         (m) Sections 796.03, 796.07, and 796.08, relating to 
169  prostitution, or 
170         (n) Section 381.0041(11)(b), relating to donation of blood, 
171  plasma, organs, skin, or other human tissue, 
172 
173  the court shall order the offender to undergo HIV testing, to be 
174  performed under the direction of the Department of Health in 
175  accordance with s. 381.004, unless the offender has undergone 
176  HIV testing voluntarily or pursuant to procedures established in 
177  s. 381.004(3)(h)6. or s. 951.27, or any other applicable law or 
178  rule providing for HIV testing of criminal offenders or inmates, 
179  subsequent to her or his arrest for an offense enumerated in 
180  paragraphs (a)-(n) for which she or he was convicted or to which 
181  she or he pled nolo contendere or guilty. The results of an HIV 
182  test performed on an offender pursuant to this subsection are 
183  not admissible in any criminal proceeding arising out of the 
184  alleged offense. 
185         (2) The results of the HIV test must be disclosed under the 
186  direction of the Department of Health, to the offender who has 
187  been convicted of or pled nolo contendere or guilty to an 
188  offense specified in subsection (1), the public health agency of 
189  the county in which the conviction occurred and, if different, 
190  the county of residence of the offender, and, upon request 
191  pursuant to s. 960.003, to the victim or the victim’s legal 
192  guardian, or the parent or legal guardian of the victim if the 
193  victim is a minor. 
194         (3) An offender who has undergone HIV testing pursuant to 
195  subsection (1), and to whom positive test results have been 
196  disclosed pursuant to subsection (2), who commits a second or 
197  subsequent offense enumerated in paragraphs (1)(a)-(n), commits 
198  criminal transmission of HIV, a felony of the third degree, 
199  punishable as provided in s. 775.082, s. 775.083, or s. 775.084 
200  subsection (7). A person may be convicted and sentenced 
201  separately for a violation of this subsection and for the 
202  underlying crime enumerated in paragraphs (1)(a)-(n). 
203         (4) An offender may challenge the positive results of an 
204  HIV test performed pursuant to this section and may introduce 
205  results of a backup test performed at her or his own expense. 
206         (5) Nothing in this section requires that an HIV infection 
207  have occurred in order for an offender to have committed 
208  criminal transmission of HIV. 
209         (6) For an alleged violation of any offense enumerated in 
210  paragraphs (1)(a)-(n) for which the consent of the victim may be 
211  raised as a defense in a criminal prosecution, it is an 
212  affirmative defense to a charge of violating this section that 
213  the person exposed knew that the offender was infected with HIV, 
214  knew that the action being taken could result in transmission of 
215  the HIV infection, and consented to the action voluntarily with 
216  that knowledge. 
217         (7) In addition to any other penalty provided by law for an 
218  offense enumerated in paragraphs (1)(a)-(n), the court may 
219  require an offender convicted of criminal transmission of HIV to 
220  serve a term of criminal quarantine community control, as 
221  described in s. 948.001. 
222         Section 3. Subsection (5) of section 796.08, Florida 
223  Statutes, is amended to read: 
224         796.08 Screening for HIV and sexually transmissible 
225  diseases; providing penalties.— 
226         (5) A person who: 
227         (a) Commits or offers to commit prostitution; or 
228         (b) Procures another for prostitution by engaging in sexual 
229  activity in a manner likely to transmit the human 
230  immunodeficiency virus, 
231 
232  and who, prior to the commission of such crime, had tested 
233  positive for human immunodeficiency virus and knew or had been 
234  informed that he or she had tested positive for human 
235  immunodeficiency virus and could possibly communicate such 
236  disease to another person through sexual activity commits 
237  criminal transmission of HIV, a felony of the third degree, 
238  punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 
239  or s. 775.0877(7). A person may be convicted and sentenced 
240  separately for a violation of this subsection and for the 
241  underlying crime of prostitution or procurement of prostitution. 
242         Section 4. Section 800.09, Florida Statutes, is created to 
243  read: 
244         800.09 Lewd or lascivious exhibition in the presence of a 
245  facility employee.— 
246         (1)� As used in this section, the term: 
247         (a) “Facility” means a state correctional institution, as 
248  defined in s. 944.02, or a private correctional facility, as 
249  defined in s. 944.710. 
250         (b) “Employee” means any person employed by or performing 
251  contractual services for a public or private entity operating a 
252  facility or any person employed by or performing contractual 
253  services for the corporation operating the prison industry 
254  enhancement programs or the correctional work programs under 
255  part II of chapter 946. The term also includes any person who is 
256  a parole examiner with the Parole Commission. 
257         (2)(a)� A person may not, while detained in a facility, 
258  intentionally harass, annoy, threaten, or alarm a person whom he 
259  or she knows or reasonably should know to be an employee of the 
260  facility. A detainee may not intentionally masturbate, 
261  intentionally expose the genitals in a lewd or lascivious 
262  manner, or intentionally commit any other sexual act, including, 
263  but not limited to, sadomasochistic abuse, sexual bestiality, or 
264  the simulation of any act involving sexual activity, in the 
265  presence of the employee. 
266         (b)� A person who violates paragraph (a) commits lewd or 
267  lascivious exhibition in the presence of a facility employee, a 
268  felony of the third degree, punishable as provided in s. 
269  775.082, s. 775.083, or s. 775.084. 
270         Section 5. Section 916.107, Florida Statutes, is amended to 
271  read: 
272         916.107 Rights of forensic clients.— 
273         (1) RIGHT TO INDIVIDUAL DIGNITY.— 
274         (a) The policy of the state is that the individual dignity 
275  of the client shall be respected at all times and upon all 
276  occasions, including any occasion when the forensic client is 
277  detained, transported, or treated. Clients with mental illness, 
278  retardation, or autism and who are charged with committing 
279  felonies shall receive appropriate treatment or training. In a 
280  criminal case involving a client who has been adjudicated 
281  incompetent to proceed or not guilty by reason of insanity, a 
282  jail may be used as an emergency facility for up to 15 days 
283  following the date the department or agency receives a completed 
284  copy of the court commitment order containing all documentation 
285  required by the applicable Florida Rules of Criminal Procedure. 
286  For a forensic client who is held in a jail awaiting admission 
287  to a facility of the department or agency, evaluation and 
288  treatment or training may be provided in the jail by the local 
289  community mental health provider for mental health services, by 
290  the developmental disabilities program for persons with 
291  retardation or autism, the client’s physician or psychologist, 
292  or any other appropriate program until the client is transferred 
293  to a civil or forensic facility. The Department of Corrections 
294  may retain physical custody of a forensic client who is serving 
295  a sentence in its custody after having been adjudicated 
296  incompetent to proceed or not guilty by reason of insanity. 
297  However, the Department of Children and Family Services is 
298  responsible for all necessary and appropriate competency 
299  evaluation, treatment, and training. If ordered by the 
300  department’s treating psychiatrist, the Department of 
301  Corrections shall provide and administer any necessary 
302  medications. 
303         (b) Forensic clients who are initially placed in, or 
304  subsequently transferred to, a civil facility as described in 
305  part I of chapter 394 or to a residential facility as described 
306  in chapter 393 shall have the same rights as other persons 
307  committed to these facilities for as long as they remain there. 
308  Notwithstanding the rights described in this section, forensic 
309  clients who are housed with the Department of Corrections have 
310  the same duties, rights, and responsibilities as other inmates 
311  committed to the custody of the Department of Corrections and 
312  are subject to the rules adopted by the Department of 
313  Corrections to implement its statutory authority. 
314         (2) RIGHT TO TREATMENT.— 
315         (a) The policy of the state is that neither the department 
316  nor the agency shall deny treatment or training to any client 
317  and that no services shall be delayed because the forensic 
318  client is indigent pursuant to s. 27.52 and presently unable to 
319  pay. However, every reasonable effort to collect appropriate 
320  reimbursement for the cost of providing services to clients able 
321  to pay for the services, including reimbursement from insurance 
322  or other third-party payments, shall be made by facilities 
323  providing services pursuant to this chapter and in accordance 
324  with the provisions of s. 402.33. 
325         (b) Each forensic client shall be given, at the time of 
326  admission and at regular intervals thereafter, a physical 
327  examination, which shall include screening for communicable 
328  disease by a health practitioner authorized by law to give such 
329  screenings and examinations. 
330         (c) Every forensic client shall be afforded the opportunity 
331  to participate in activities designed to enhance self-image and 
332  the beneficial effects of other treatments or training, as 
333  determined by the facility. 
334         (d) Not more than 30 days after admission to a civil or 
335  forensic facility, each client shall have and receive, in 
336  writing, an individualized treatment or training plan which the 
337  client has had an opportunity to assist in preparing. 
338         (3) RIGHT TO EXPRESS AND INFORMED CONSENT.— 
339         (a) A forensic client shall be asked to give express and 
340  informed written consent for treatment. If a client refuses such 
341  treatment as is deemed necessary and essential by the client’s 
342  multidisciplinary treatment team for the appropriate care of the 
343  client, such treatment may be provided under the following 
344  circumstances: 
345         1. In an emergency situation in which there is immediate 
346  danger to the safety of the client or others, such treatment may 
347  be provided upon the written order of a physician for a period 
348  not to exceed 48 hours, excluding weekends and legal holidays. 
349  If, after the 48-hour period, the client has not given express 
350  and informed consent to the treatment initially refused, the 
351  administrator or designee of the civil or forensic facility 
352  shall, within 48 hours, excluding weekends and legal holidays, 
353  petition the committing court or the circuit court serving the 
354  county in which the facility is located, or, if the client is in 
355  the custody of the Department of Corrections, the circuit court 
356  where the forensic client is located at the option of the 
357  facility administrator or designee, for an order authorizing the 
358  continued treatment of the client. In the interim, the need for 
359  treatment shall be reviewed every 48 hours and may be continued 
360  without the consent of the client upon the continued written 
361  order of a physician who has determined that the emergency 
362  situation continues to present a danger to the safety of the 
363  client or others. 
364         2. In a situation other than an emergency situation, the 
365  administrator or designee of the facility shall petition the 
366  court for an order authorizing necessary and essential treatment 
367  for the client. 
368         a. If a forensic client has been receiving 
369  psychotherapeutic medication for a diagnosed mental disorder at 
370  a county jail at the time of transfer to the state forensic 
371  mental health treatment facility and lacks the capacity to make 
372  an informed decision regarding mental health treatment at the 
373  time of admission, the admitting physician may order a 
374  continuation of the psychotherapeutic medication if, in the 
375  clinical judgment of the physician, abrupt cessation of the 
376  psychotherapeutic medication could cause a risk to the health 
377  and safety of the client during the time required to pursue a 
378  court order to medicate the client. The jail physician shall 
379  provide a current psychotherapeutic medication order at the time 
380  of transfer to the admitting facility. 
381         b. If a forensic client has been receiving 
382  psychotherapeutic medication for a diagnosed mental disorder 
383  while in the custody of the Department of Corrections and lacks 
384  the capacity to make an informed decision regarding mental 
385  health treatment, the client’s treating physician shall 
386  coordinate continuation of the psychotherapeutic medication if, 
387  in the clinical judgment of the physician, the abrupt cessation 
388  of the psychotherapeutic medication could cause a risk to the 
389  health and safety of the forensic client during the time 
390  required to pursue a court order to medicate the client. The 
391  Department of Corrections physician shall provide a current 
392  psychotherapeutic medication order to any department physician 
393  providing treatment to such a forensic client. 
394         c. The court order shall allow such treatment for a period 
395  not to exceed 90 days following the date of the entry of the 
396  order. Unless the court is notified in writing that the client 
397  has provided express and informed consent in writing or that the 
398  client has been discharged by the committing court, the 
399  administrator or designee shall, prior to the expiration of the 
400  initial 90-day order, petition the court for an order 
401  authorizing the continuation of treatment for another 90-day 
402  period. This procedure shall be repeated until the client 
403  provides consent or is discharged by the committing court. 
404         3. At the hearing on the issue of whether the court should 
405  enter an order authorizing treatment for which a client was 
406  unable to or refused to give express and informed consent, the 
407  court shall determine by clear and convincing evidence that the 
408  client has mental illness, retardation, or autism, that the 
409  treatment not consented to is essential to the care of the 
410  client, and that the treatment not consented to is not 
411  experimental and does not present an unreasonable risk of 
412  serious, hazardous, or irreversible side effects. In arriving at 
413  the substitute judgment decision, the court must consider at 
414  least the following factors: 
415         a. The client’s expressed preference regarding treatment; 
416         b. The probability of adverse side effects; 
417         c. The prognosis without treatment; and 
418         d. The prognosis with treatment. 
419 
420  The hearing shall be as convenient to the client as may be 
421  consistent with orderly procedure and shall be conducted in 
422  physical settings not likely to be injurious to the client’s 
423  condition. The court may appoint a general or special magistrate 
424  to preside at the hearing. The client or the client’s guardian, 
425  and the representative, shall be provided with a copy of the 
426  petition and the date, time, and location of the hearing. The 
427  client has the right to have an attorney represent him or her at 
428  the hearing, and, if the client is indigent, the court shall 
429  appoint the office of the public defender to represent the 
430  client at the hearing. The client may testify or not, as he or 
431  she chooses, and has the right to cross-examine witnesses and 
432  may present his or her own witnesses. 
433         (b) Before performing In addition to the provisions of 
434  paragraph (a), in the case of surgical procedures requiring the 
435  use of a general anesthetic or electroconvulsive treatment or 
436  nonpsychiatric medical procedures, and prior to performing the 
437  procedure, written permission shall be obtained from the client, 
438  if the client is legally competent, from the parent or guardian 
439  of a minor client, or from the guardian of an incompetent 
440  client. The administrator or designee of the forensic facility 
441  or a designated representative may, with the concurrence of the 
442  client’s attending physician, authorize emergency surgical or 
443  nonpsychiatric medical treatment if such treatment is deemed 
444  lifesaving or is for a condition situation threatening serious 
445  bodily harm to the client and permission of the client or the 
446  client’s guardian could not be obtained before provision of the 
447  needed treatment. 
448         (4) QUALITY OF TREATMENT.— 
449         (a) Each forensic client shall receive treatment or 
450  training suited to the client’s needs, which shall be 
451  administered skillfully, safely, and humanely with full respect 
452  for the client’s dignity and personal integrity. Each client 
453  shall receive such medical, vocational, social, educational, and 
454  rehabilitative services as the client’s condition requires to 
455  bring about a return to court for disposition of charges or a 
456  return to the community. In order to achieve this goal, the 
457  department and the agency shall coordinate their services with 
458  each other, the Department of Corrections, and other appropriate 
459  state agencies. 
460         (b) Forensic clients housed in a civil or forensic facility 
461  shall be free from the unnecessary use of restraint or 
462  seclusion. Restraints shall be employed only in emergencies or 
463  to protect the client or others from imminent injury. Restraints 
464  may not be employed as punishment or for the convenience of 
465  staff. 
466         (5) COMMUNICATION, ABUSE REPORTING, AND VISITS.—Each 
467  forensic client housed in a civil or forensic facility has the 
468  right to communicate freely and privately with persons outside 
469  the facility unless it is determined that such communication is 
470  likely to be harmful to the client or others. Clients shall have 
471  the right to contact and to receive communication from their 
472  attorneys at any reasonable time. 
473         (a) Each forensic client housed in a civil or forensic 
474  facility shall be allowed to receive, send, and mail sealed, 
475  unopened correspondence; and no client’s incoming or outgoing 
476  correspondence shall be opened, delayed, held, or censored by 
477  the facility unless there is reason to believe that it contains 
478  items or substances that may be harmful to the client or others, 
479  in which case the administrator or designee may direct 
480  reasonable examination of such mail and may regulate the 
481  disposition of such items or substances. For purposes of this 
482  paragraph, the term “correspondence” does not include parcels or 
483  packages. Forensic facilities may promulgate reasonable 
484  institutional policies to provide for the inspection of parcels 
485  or packages and for the removal of contraband items for health 
486  or security reasons before prior to the contents are being given 
487  to a client. 
488         (b) If a client’s right to communicate is restricted by the 
489  administrator, written notice of such restriction and the 
490  duration of the restriction shall be served on the client or his 
491  or her legal guardian or representatives, and such restriction 
492  shall be recorded on the client’s clinical record along with the 
493  reasons for the restriction therefor. The restriction of a 
494  client’s right to communicate shall be reviewed at least every 7 
495  days. 
496         (c) Each forensic facility shall establish reasonable 
497  institutional policies governing visitors, visiting hours, and 
498  the use of telephones by clients in the least restrictive manner 
499  possible. 
500         (d) Each forensic client housed in a civil or forensic 
501  facility shall have ready access to a telephone in order to 
502  report an alleged abuse. The facility or program staff shall 
503  orally and in writing inform each client of the procedure for 
504  reporting abuse and shall present the information in a language 
505  the client understands. A written copy of that procedure, 
506  including the telephone number of the central abuse hotline and 
507  reporting forms, shall be posted in plain view. 
508         (e) The department’s or agency’s forensic facilities shall 
509  develop policies providing a procedure for reporting abuse. 
510  Facility staff shall be required, as a condition of employment, 
511  to become familiar with the procedures for the reporting of 
512  abuse. 
513         (6) CARE AND CUSTODY OF PERSONAL EFFECTS OF CLIENTS.—A 
514  forensic client’s right to possession of clothing and personal 
515  effects shall be respected. The department or agency by rule, or 
516  the administrator of any forensic facility by written 
517  institutional policy, may declare certain items to be hazardous 
518  to the health or welfare of clients or others or to the 
519  operation of the facility. Such items may be restricted from 
520  introduction into the facility or may be restricted from being 
521  in a client’s possession. The administrator or designee may take 
522  temporary custody of such effects when required for medical and 
523  safety reasons. Custody of such personal effects shall be 
524  recorded in the client’s clinical record. Forensic clients who 
525  are housed with the Department of Corrections are subject to the 
526  rules adopted by the Department of Corrections to implement its 
527  statutory authority. 
528         (7) VOTING IN PUBLIC ELECTIONS.—A forensic client who is 
529  eligible to vote according to the laws of the state has the 
530  right to vote in the primary and general elections. The 
531  department and agency shall establish rules to enable clients to 
532  obtain voter registration forms, applications for absentee 
533  ballots, and absentee ballots. 
534         (8) CLINICAL RECORD; CONFIDENTIALITY.—A clinical record for 
535  each forensic client, including forensic clients housed with the 
536  Department of Corrections, shall be maintained. The record must 
537  shall include data pertaining to admission and such other 
538  information as may be required under rules of the department or 
539  the agency. Unless waived by express and informed consent of the 
540  client or the client’s legal guardian or, if the client is 
541  deceased, by the client’s personal representative or by that 
542  family member who stands next in line of intestate succession or 
543  except as otherwise provided in this subsection, the clinical 
544  record is confidential and exempt from the provisions of s. 
545  119.07(1) and s. 24(a), Art. I of the State Constitution. 
546         (a) The Such clinical record may be released: 
547         1. To such persons and agencies as are designated by the 
548  client or the client’s legal guardian. 
549         2. To persons authorized by order of the court and to the 
550  client’s counsel when the records are needed by the counsel for 
551  adequate representation. 
552         3. To a qualified researcher, as defined by rule; a staff 
553  member of the facility; or an employee of the department or 
554  agency when the administrator of the facility, or secretary or 
555  director of the department or agency, deems it necessary for 
556  treatment of the client, maintenance of adequate records, 
557  compilation of treatment data, or evaluation of programs. 
558         4. For statistical and research purposes if the information 
559  is abstracted in such a way as to protect the identity of 
560  individuals. 
561         5. If a client receiving services has declared an intention 
562  to harm other persons, the administrator shall authorize the 
563  release of sufficient information to provide adequate warning to 
564  the person threatened with harm by the client, and to the 
565  committing court, the state attorney, and the attorney 
566  representing the client. 
567         6. To the parent or next of kin of a client who is 
568  committed to, or is being served by, a facility or program when 
569  such information is limited to that person’s service plan and 
570  current physical and mental condition. Release of the such 
571  information must shall be in accordance with the code of ethics 
572  of the profession involved and must comply with all state and 
573  federal laws and regulations pertaining to the release of 
574  personal health information. 
575         7. To the Department of Corrections for forensic clients 
576  who are housed with the Department of Corrections. 
577         (b) Notwithstanding other provisions of this subsection, 
578  the department or agency may request or receive from or provide 
579  to any of the following entities client information, including 
580  medical, mental health, and substance abuse treatment 
581  information concerning the client, to facilitate treatment, 
582  habilitation, rehabilitation, and continuity of care of any 
583  forensic client: 
584         1. The Social Security Administration and the United States 
585  Department of Veterans Affairs; 
586         2. Law enforcement agencies, state attorneys, defense 
587  attorneys, and judges in regard to the client’s status; 
588         3. Jail personnel in the jail in which a client may be 
589  housed; and 
590         4. Community agencies and others expected to provide 
591  followup care to the client upon the client’s return to the 
592  community; and. 
593         5. For forensic clients who are housed with the Department 
594  of Corrections, the Department of Corrections. 
595         (c) For forensic clients housed in a civil or forensic 
596  facility, the department or agency may provide notice to any 
597  client’s next of kin or first representative regarding any 
598  serious medical illness or the death of the client. 
599         (d)1. Any law enforcement agency, facility, or other 
600  governmental agency that receives information pursuant to this 
601  subsection shall maintain the confidentiality of such 
602  information except as otherwise provided herein. 
603         2. Any agency or private practitioner who acts in good 
604  faith in releasing information pursuant to this subsection is 
605  not subject to civil or criminal liability for such release. 
606         (9) HABEAS CORPUS.— 
607         (a) At any time, and without notice, a forensic client 
608  detained by a civil or forensic facility, or a relative, friend, 
609  guardian, representative, or attorney on behalf of such client, 
610  may petition for a writ of habeas corpus to question the cause 
611  and legality of such detention and request that the committing 
612  court issue a writ for release. Each client shall receive a 
613  written notice of the right to petition for a writ of habeas 
614  corpus. 
615         (b) A client or his or her legal guardian or 
616  representatives or attorney may file a petition in the circuit 
617  court in the county where the client is committed alleging that 
618  the client is being unjustly denied a right or privilege granted 
619  herein or that a procedure authorized herein is being abused. 
620  Upon the filing of such a petition, the circuit court may shall 
621  have the authority to conduct a judicial inquiry and to issue 
622  any appropriate order to correct an abuse of the provisions of 
623  this chapter. 
624         (10) TRANSPORTATION.— 
625         (a) The sheriff shall consult with the governing board of 
626  the county as to the most appropriate and cost-effective means 
627  of transportation for forensic clients who have been committed 
628  for treatment or training. Such consultation shall include, but 
629  is not limited to, consideration of the cost to the county of 
630  transportation performed by sheriff’s personnel as opposed to 
631  transportation performed by other means and, if sheriff’s 
632  personnel are to be used for transportation, the effect such use 
633  will have, if any, on service delivery levels of the sheriff’s 
634  road patrol. After such consultation with the governing board of 
635  the county, the sheriff shall determine the most appropriate and 
636  cost-effective means of transportation for forensic clients 
637  committed for treatment or training. 
638         (b) The governing board of each county may is authorized to 
639  contract with private transport companies for the transportation 
640  of such clients to and from a facility. 
641         (c) Any company that transports a client pursuant to this 
642  section is considered an independent contractor and is solely 
643  liable for the safe and dignified transportation of the client. 
644  Any transport company that contracts with the governing board of 
645  a county for the transport of clients as provided for in this 
646  section shall be insured and provide no less than $100,000 in 
647  liability insurance with respect to the transportation of the 
648  clients. 
649         (d) Any company that contracts with a governing board of a 
650  county to transport clients shall comply with the applicable 
651  rules of the department or agency to ensure the safety and 
652  dignity of the clients. 
653         (11) LIABILITY FOR VIOLATIONS.—Any person who violates or 
654  abuses any rights or privileges provided under this chapter to 
655  of a forensic client in the custody of the department or agency 
656  is that are provided under this chapter shall be liable for 
657  damages as determined by law. Any person who acts in good faith 
658  in complying with the provisions of this chapter is immune from 
659  civil or criminal liability for his or her actions in connection 
660  with the admission, diagnosis, treatment, training, or discharge 
661  of a client to or from a facility. However, this subsection does 
662  not relieve any person from liability if he or she is negligent. 
663         Section 6. Section 916.13, Florida Statutes, is amended to 
664  read: 
665         916.13 Involuntary commitment of defendant adjudicated 
666  incompetent.— 
667         (1) Every defendant who is charged with a felony and who is 
668  adjudicated incompetent to proceed may be involuntarily 
669  committed or ordered to receive for treatment upon a finding by 
670  the court of clear and convincing evidence that: 
671         (a) The defendant has a mental illness and because of the 
672  mental illness: 
673         1. The defendant is manifestly incapable of surviving alone 
674  or with the help of willing and responsible family or friends, 
675  including available alternative services, and, without 
676  treatment, the defendant is likely to suffer from neglect or 
677  refuse to care for herself or himself and such neglect or 
678  refusal poses a real and present threat of substantial harm to 
679  the defendant’s well-being; or 
680         2. There is a substantial likelihood that in the near 
681  future the defendant will inflict serious bodily harm on herself 
682  or himself or another person, as evidenced by recent behavior 
683  causing, attempting, or threatening such harm; 
684         (b) All available, less restrictive treatment alternatives, 
685  including treatment in community residential facilities or 
686  community inpatient or outpatient settings, which would offer an 
687  opportunity for improvement of the defendant’s condition have 
688  been judged to be inappropriate; and 
689         (c) There is a substantial probability that the mental 
690  illness causing the defendant’s incompetence will respond to 
691  treatment and the defendant will regain competency to proceed in 
692  the reasonably foreseeable future. 
693         (2)(a) A defendant who has been charged with a felony and 
694  who has been adjudicated incompetent to proceed due to mental 
695  illness, and who meets the criteria for involuntary commitment 
696  for treatment to the department under the provisions of this 
697  chapter, may be committed to the department, and the department 
698  shall retain and treat the defendant. No later than 6 months 
699  after the date of admission and at the end of any period of 
700  extended commitment, or at any time the administrator or 
701  designee has shall have determined that the defendant has 
702  regained competency to proceed or no longer meets the criteria 
703  for continued commitment, the administrator or designee shall 
704  file a report with the court pursuant to the applicable Florida 
705  Rules of Criminal Procedure. 
706         (b) In cases involving a defendant who is serving a 
707  sentence in the custody of the Department of Corrections after 
708  having been adjudicated incompetent to proceed due to mental 
709  illness and if the defendant is charged with a new felony, is 
710  entitled to proceed with a direct appeal from his or her 
711  conviction, or is entitled to proceed under Rule 3.850 or Rule 
712  3.851, Florida Rules of Criminal Procedure, the court, based on 
713  input from the Department of Corrections and the Department of 
714  Children and Family Services, may order that the defendant be 
715  retained in the physical custody of the Department of 
716  Corrections. If the court orders that a defendant who has been 
717  adjudicated incompetent to proceed due to mental illness be 
718  retained in the physical custody of the Department of 
719  Corrections, the Department of Children and Family Services 
720  shall provide appropriate training, treatment, and evaluation 
721  for competency restoration in accordance with the relevant 
722  sections of this chapter. If the inmate is in the physical 
723  custody of the Department of Corrections and the department’s 
724  treating psychiatrist orders medications, the Department of 
725  Corrections shall provide and administer any necessary 
726  medications. The Department of Children and Family Services 
727  shall file a report with the court pursuant to the applicable 
728  Florida Rules of Criminal Procedure within 6 months after the 
729  administration of any competency training or treatment and every 
730  12 months thereafter, or at any time the department determines 
731  that the defendant has regained competency to proceed. 
732         (c) Within 20 days after the court receives notification 
733  that a defendant is competent to proceed or no longer meets the 
734  criteria for continued commitment, the defendant shall be 
735  transported back to jail pursuant to s. 916.107(10) for the 
736  purpose of holding a competency hearing. 
737         (d) A competency hearing must be held within 30 days after 
738  a court receives notification that the defendant is competent to 
739  proceed or no longer meets criteria for continued commitment. 
740         Section 7. Section 916.15, Florida Statutes, is amended to 
741  read: 
742         916.15 Involuntary commitment of defendant adjudicated not 
743  guilty by reason of insanity.— 
744         (1) The determination of whether a defendant is not guilty 
745  by reason of insanity shall be determined in accordance with 
746  Rule 3.217, Florida Rules of Criminal Procedure. 
747         (2) A defendant who is acquitted of criminal charges 
748  because of a finding of not guilty by reason of insanity may be 
749  involuntarily committed pursuant to such finding if the 
750  defendant has a mental illness and, because of the illness, is 
751  manifestly dangerous to himself or herself or others. 
752         (3) Every defendant acquitted of criminal charges by reason 
753  of insanity and found to meet the criteria for involuntary 
754  commitment may be committed and treated in accordance with the 
755  provisions of this section and the applicable Florida Rules of 
756  Criminal Procedure. The department shall admit a defendant so 
757  adjudicated to an appropriate facility or program for treatment 
758  and shall retain and treat such defendant. No later than 6 
759  months after the date of admission, prior to the end of any 
760  period of extended commitment, or at any time the administrator 
761  or designee shall have determined that the defendant no longer 
762  meets the criteria for continued commitment placement, the 
763  administrator or designee shall file a report with the court 
764  pursuant to the applicable Florida Rules of Criminal Procedure. 
765         (4)(a) Within 20 days after the court is notified that a 
766  defendant no longer meets the criteria for involuntary 
767  commitment, the defendant must be transported back to jail for 
768  the purpose of holding a commitment hearing. 
769         (b) The commitment hearing must be held within 30 days 
770  after the court receives notification that the defendant no 
771  longer meets the criteria for continued commitment. 
772         (5) A defendant who has been adjudicated not guilty by 
773  reason of insanity, who is serving a sentence in the custody of 
774  the Department of Corrections, and who is charged with a new 
775  felony shall be retained in the physical custody of the 
776  Department of Corrections for the remainder of his or her 
777  sentence. Within 30 days before the defendant’s release date, 
778  the department shall evaluate the defendant and file a report 
779  with the court requesting that the defendant be returned to the 
780  court’s jurisdiction to determine if the defendant continues to 
781  meet the criteria for involuntary commitment placement. 
782         (6)(4) In all proceedings under this section, both the 
783  defendant and the state shall have the right to a hearing before 
784  the committing court. Evidence at the such hearing may be 
785  presented by the hospital administrator or the administrator’s 
786  designee as well as by the state and the defendant. The 
787  defendant has shall have the right to counsel at any such 
788  hearing. If In the event that a defendant is determined to be 
789  indigent pursuant to s. 27.52, the public defender shall 
790  represent the defendant. The parties shall have access to the 
791  defendant’s records at the treating facilities and may interview 
792  or depose personnel who have had contact with the defendant at 
793  the treating facilities. 
794         Section 8. Subsections (2) and (3) of section 921.187, 
795  Florida Statutes, are amended to read: 
796         921.187 Disposition and sentencing; alternatives; 
797  restitution.— 
798         (2) In addition to any other penalty provided by law for an 
799  offense enumerated in s. 775.0877(1)(a)-(n), if the offender is 
800  convicted of criminal transmission of HIV pursuant to s. 
801  775.0877, the court may sentence the offender to criminal 
802  quarantine community control as described in s. 948.001. 
803         (2)(3) The court shall require an offender to make 
804  restitution under s. 775.089, unless the court finds clear and 
805  compelling reasons not to order such restitution. If the court 
806  does not order restitution, or orders restitution of only a 
807  portion of the damages, as provided in s. 775.089, the court 
808  shall state the reasons on the record in detail. An order 
809  requiring an offender to make restitution to a victim under s. 
810  775.089 does not remove or diminish the requirement that the 
811  court order payment to the Crimes Compensation Trust Fund under 
812  chapter 960. 
813         Section 9. Section 940.061, Florida Statutes, is amended to 
814  read: 
815         940.061 Informing persons about executive clemency and 
816  restoration of civil rights.—The Department of Corrections shall 
817  inform and educate inmates and offenders on community 
818  supervision about the restoration of civil rights. Each month 
819  the Department of Corrections shall send to the Parole 
820  Commission an electronic list containing the names of inmates 
821  who have been released from incarceration, and offenders who 
822  have been terminated from supervision, and who may be eligible 
823  and assist eligible inmates and offenders on community 
824  supervision with the completion of the application for the 
825  restoration of civil rights. 
826         Section 10. Subsection (5) of section 944.1905, Florida 
827  Statutes, is amended to read: 
828         944.1905 Initial inmate classification; inmate 
829  reclassification.—The Department of Corrections shall classify 
830  inmates pursuant to an objective classification scheme. The 
831  initial inmate classification questionnaire and the inmate 
832  reclassification questionnaire must cover both aggravating and 
833  mitigating factors. 
834         (5)(a) Notwithstanding any other provision of this section 
835  or chapter 958, the department shall assign to facilities 
836  housing youthful offenders all inmates who are less than 18 
837  years of age and who have not been assigned to a facility for 
838  youthful offenders under the provisions of chapter 958. Such an 
839  inmate shall be assigned to a facility for youthful offenders 
840  until the inmate is 18 years of age; however, the department may 
841  assign the inmate to a facility for youthful offenders until the 
842  inmate reaches an age not to exceed 21 years if the department 
843  determines that the continued assignment is in the best 
844  interests of the inmate and the assignment does not pose an 
845  unreasonable risk to other inmates in the facility. 
846         (b) Any inmate who is assigned to a facility under 
847  paragraph (a) is subject to the provisions of s. 958.11 
848  regarding facility assignments, and shall be removed and 
849  reassigned to the general inmate population if his or her 
850  behavior threatens the safety of other inmates or correctional 
851  staff. 
852         Section 11. Section 944.293, Florida Statutes, is repealed. 
853         Section 12. Paragraph (b) of subsection (3) of section 
854  944.35, Florida Statutes, is amended to read: 
855         944.35 Authorized use of force; malicious battery and 
856  sexual misconduct prohibited; reporting required; penalties.— 
857         (3) 
858         (b)1. As used in this paragraph, the term “sexual 
859  misconduct” means the oral, anal, or vaginal penetration by, or 
860  union with, the sexual organ of another or the anal or vaginal 
861  penetration of another by any other object, but does not include 
862  an act done for a bona fide medical purpose or an internal 
863  search conducted in the lawful performance of the employee’s 
864  duty. 
865         2. Any employee of the department or a private correctional 
866  facility, as defined in s. 944.710, who engages in sexual 
867  misconduct with an inmate or an offender supervised by the 
868  department in the community, without committing the crime of 
869  sexual battery, commits a felony of the third degree, punishable 
870  as provided in s. 775.082, s. 775.083, or s. 775.084. 
871         3. The consent of the inmate or offender supervised by the 
872  department in the community to any act of sexual misconduct may 
873  not be raised as a defense to a prosecution under this 
874  paragraph. 
875         4. This paragraph does not apply to any employee of the 
876  department or any employee of a private correctional facility 
877  who is legally married to an inmate or an offender supervised by 
878  the department in the community, nor does it apply to any 
879  employee who has no knowledge, and would have no reason to 
880  believe, that the person with whom the employee has engaged in 
881  sexual misconduct is an inmate or an offender under community 
882  supervision of the department. 
883         Section 13. Subsection (3) of section 944.605, Florida 
884  Statutes, is amended to read: 
885         944.605 Inmate release; notification.— 
886         (3)(a) If an inmate is to be released after having served 
887  one or more sentences for a conviction of robbery, sexual 
888  battery, home-invasion robbery, or carjacking, or an inmate to 
889  be released has a prior conviction for robbery, sexual battery, 
890  home-invasion robbery, or carjacking or similar offense, in this 
891  state or in another jurisdiction, and if such prior conviction 
892  information is contained in department records, the department 
893  shall release to the sheriff of the county in which the inmate 
894  plans to reside, and, if the inmate plans to reside within a 
895  municipality, to the chief of police of that municipality, the 
896  following information, which must include, but need not be 
897  limited to: 
898         1.(a) Name; 
899         2.(b) Social security number; 
900         3.(c) Date of birth; 
901         4.(d) Race; 
902         5.(e) Sex; 
903         6.(f) Height; 
904         7.(g) Weight; 
905         8.(h) Hair and eye color; 
906         9.(i) Tattoos or other identifying marks; 
907         10.(j) Fingerprints; and 
908         11.(k) A digitized photograph as provided in subsection 
909  (2). 
910 
911  The department shall release the information specified in this 
912  paragraph subsection within 6 months prior to the discharge of 
913  the inmate from the custody of the department. 
914         (b) The department may electronically submit the 
915  information listed in paragraph (a) to the sheriff of the county 
916  in which the inmate plans to reside, or, if the inmate plans to 
917  reside within a municipality, to the chief of police of that 
918  municipality. 
919         Section 14. Section 944.804, Florida Statutes, is amended 
920  to read: 
921         944.804 Elderly offenders correctional facilities program 
922  of 2000.— 
923         (1) The Legislature finds that the number and percentage of 
924  elderly offenders in the Florida prison system is increasing and 
925  will continue to increase for the foreseeable future. The 
926  current cost to incarcerate elderly offenders is approximately 
927  three times the cost of incarceration of younger inmates. 
928  Alternatives to the current approaches to housing, programming, 
929  and treating the medical needs of elderly offenders, which may 
930  reduce the overall costs associated with this segment of the 
931  prison population, must be explored and implemented. 
932         (2) The department shall establish and operate a geriatric 
933  facilities or geriatric dorms within a facility at the site 
934  known as River Junction Correctional Institution, which shall be 
935  an institution specifically for generally healthy elderly 
936  offenders who can perform general work appropriate for their 
937  physical and mental condition. Prior to reopening the facility, 
938  the department shall make modifications to the facility which 
939  will ensure its compliance with the Americans with Disabilities 
940  Act and decrease the likelihood of falls, accidental injury, and 
941  other conditions known to be particularly hazardous to the 
942  elderly. 
943         (a) In order to decrease long-term medical costs to the 
944  state, a preventive fitness/wellness program and diet 
945  specifically designed to maintain the mental and physical health 
946  of elderly offenders shall be developed and implemented. In 
947  developing the program, the department shall give consideration 
948  to preventive medical care for the elderly which shall include, 
949  but not be limited to, maintenance of bone density, all aspects 
950  of cardiovascular health, lung capacity, mental alertness, and 
951  orientation. Existing policies and procedures shall be 
952  reexamined and altered to encourage offenders to adopt a more 
953  healthy lifestyle and maximize their level of functioning. The 
954  program components shall be modified as data and experience are 
955  received which measure the relative success of the program 
956  components previously implemented. 
957         (b) Consideration must be given to redirecting resources as 
958  a method of offsetting increased medical costs. Elderly 
959  offenders are not likely to reenter society as a part of the 
960  workforce, and programming resources would be better spent in 
961  activities to keep the elderly offenders healthy, alert, and 
962  oriented. Limited or restricted programming or activities for 
963  elderly offenders will increase the daily cost of institutional 
964  and health care, and programming opportunities adequate to 
965  reduce the cost of care will be provided. Programming shall 
966  include, but not be limited to, recreation, education, and 
967  counseling which is needs-specific to elderly offenders. 
968  Institutional staff shall be specifically trained to effectively 
969  supervise elderly offenders and to detect physical or mental 
970  changes which warrant medical attention before more serious 
971  problems develop. 
972         (3) The department shall adopt rules that specify which 
973  elderly offenders shall be eligible to be housed at the 
974  geriatric correctional facilities or dorms River Junction 
975  Correctional Institution. 
976         (4) While developing the criteria for eligibility, the 
977  department shall use the information in existing offender 
978  databases to determine the number of offenders who would be 
979  eligible. The Legislature directs the department to consider a 
980  broad range of elderly offenders for River Junction Correctional 
981  Institution who have good disciplinary records and a medical 
982  grade that will permit them to perform meaningful work 
983  activities, including participation in an appropriate 
984  correctional work program (PRIDE) facility, if available. 
985         (5) The department shall also submit a study based on 
986  existing offenders which projects the number of existing 
987  offenders who will qualify under the rules. An appendix to the 
988  study shall identify the specific offenders who qualify. 
989         Section 15. Section 944.8041, Florida Statutes, is amended 
990  to read: 
991         944.8041 Elderly offenders; annual review.—For the purpose 
992  of providing information to the Legislature on elderly offenders 
993  within the correctional system, the department and the 
994  Correctional Medical Authority shall each submit annually a 
995  report on the status and treatment of elderly offenders in the 
996  state-administered and private state correctional systems and, 
997  as well as such information on the department’s geriatric 
998  facilities and dorms River Junction Correctional Institution. In 
999  order to adequately prepare the reports, the department and the 
1000  Department of Management Services shall grant access to the 
1001  Correctional Medical Authority which includes access to the 
1002  facilities, offenders, and any information the agencies require 
1003  to complete their reports. The review shall also include an 
1004  examination of promising geriatric policies, practices, and 
1005  programs currently implemented in other correctional systems 
1006  within the United States. The reports, with specific findings 
1007  and recommendations for implementation, shall be submitted to 
1008  the President of the Senate and the Speaker of the House of 
1009  Representatives on or before December 31 of each year. 
1010         Section 16. Subsections (4) and (5) of section 945.41, 
1011  Florida Statutes, are amended to read: 
1012         945.41 Legislative intent of ss. 945.40-945.49.—It is the 
1013  intent of the Legislature that mentally ill inmates in the 
1014  custody of the Department of Corrections receive evaluation and 
1015  appropriate treatment for their mental illness through a 
1016  continuum of services. It is further the intent of the 
1017  Legislature that: 
1018         (4) Any inmate sentenced as a youthful offender, or 
1019  designated as a youthful offender by the department under 
1020  pursuant to chapter 958, who is transferred pursuant to this act 
1021  to a mental health treatment facility be separated from other 
1022  inmates, if necessary, as determined by the warden of the 
1023  treatment facility. In no case shall any youthful offender be 
1024  placed at the Florida State Prison or the Union Correctional 
1025  Institution for mental health treatment. 
1026         (5) The department may designate a mental health treatment 
1027  facilities facility for adult, youthful, and female offenders or 
1028  may contract with other appropriate entities, persons, or 
1029  agencies for such services. 
1030         Section 17. Subsections (5) and (6) of section 945.42, 
1031  Florida Statutes, are amended to read: 
1032         945.42 Definitions; ss. 945.40-945.49.—As used in ss. 
1033  945.40-945.49, the following terms shall have the meanings 
1034  ascribed to them, unless the context shall clearly indicate 
1035  otherwise: 
1036         (5) “In immediate need of care and treatment” means that an 
1037  inmate is apparently mentally ill and is not able to be 
1038  appropriately cared for in the institution where he or she is 
1039  confined and that, but for being isolated in a more restrictive 
1040  and secure housing environment, because of the apparent mental 
1041  illness: 
1042         (a)1. The inmate is demonstrating a refusal to care for 
1043  himself or herself and without immediate treatment intervention 
1044  is likely to continue to refuse to care for himself or herself, 
1045  and such refusal poses an immediate, real, and present threat of 
1046  substantial harm to his or her well-being; or 
1047         2. There is an immediate, real, and present threat that the 
1048  inmate will inflict serious bodily harm on himself or herself or 
1049  another person, as evidenced by recent behavior involving 
1050  causing, attempting, or threatening such harm; 
1051         (b)1. The inmate has refused voluntary placement for 
1052  treatment at a mental health treatment facility after sufficient 
1053  and conscientious explanation and disclosure of the purpose of 
1054  placement; or 
1055         2. The inmate is unable to determine for himself or herself 
1056  whether placement is necessary; and 
1057         (c) All available less restrictive treatment alternatives 
1058  that would offer an opportunity for improvement of the inmate’s 
1059  condition have been clinically determined to be inappropriate. 
1060         (6) “In need of care and treatment” means that an inmate 
1061  has a mental illness for which inpatient services in a mental 
1062  health treatment facility are necessary and that, but for being 
1063  isolated in a more restrictive and secure housing environment, 
1064  because of the mental illness: 
1065         (a)1. The inmate is demonstrating a refusal to care for 
1066  himself or herself and without treatment is likely to continue 
1067  to refuse to care for himself or herself, and such refusal poses 
1068  a real and present threat of substantial harm to his or her 
1069  well-being; or 
1070         2. There is a substantial likelihood that in the near 
1071  future the inmate will inflict serious bodily harm on himself or 
1072  herself or another person, as evidenced by recent behavior 
1073  causing, attempting, or threatening such harm; 
1074         (b)1. The inmate has refused voluntary placement for 
1075  treatment at a mental health treatment facility after sufficient 
1076  and conscientious explanation and disclosure of the purpose of 
1077  placement; or 
1078         2. The inmate is unable to determine for himself or herself 
1079  whether placement is necessary; and 
1080         (c) All available less restrictive treatment alternatives 
1081  that would offer an opportunity for improvement of the inmate’s 
1082  condition have been clinically determined to be inappropriate. 
1083         Section 18. Section 945.43, Florida Statutes, is amended to 
1084  read: 
1085         945.43 Placement Admission of inmate in a to mental health 
1086  treatment facility.— 
1087         (1) CRITERIA.—An inmate may be placed in admitted to a 
1088  mental health treatment facility if he or she is mentally ill 
1089  and is in need of care and treatment, as defined in s. 945.42. 
1090         (2) PROCEDURE FOR PLACEMENT IN A MENTAL HEALTH TREATMENT 
1091  FACILITY.— 
1092         (a) An inmate may be placed in admitted to a mental health 
1093  treatment facility after notice and hearing, upon the 
1094  recommendation of the warden of the facility where the inmate is 
1095  confined. The recommendation shall be entered on a petition and 
1096  must be supported by the expert opinion of a psychiatrist and 
1097  the second opinion of a psychiatrist or psychological 
1098  professional. The petition shall be filed with the court in the 
1099  county where the inmate is located. 
1100         (b) A copy of the petition shall be served on the inmate, 
1101  accompanied by a written notice that the inmate may apply 
1102  immediately to the court to have an attorney appointed if the 
1103  inmate cannot afford one. 
1104         (c) The petition for placement shall may be filed in the 
1105  county in which the inmate is located. The hearing shall be held 
1106  in the same county, and one of the inmate’s physicians at the 
1107  facility where the inmate is located shall appear as a witness 
1108  at the hearing. 
1109         (d) An attorney representing the inmate shall have access 
1110  to the inmate and any records, including medical or mental 
1111  health records, which are relevant to the representation of the 
1112  inmate. 
1113         (e) If the court finds that the inmate is mentally ill and 
1114  in need of care and treatment, as defined in s. 945.42, the 
1115  court shall order that he or she be placed in a mental health 
1116  treatment facility or, if the inmate is at a mental health 
1117  treatment facility, that he or she be retained there. The court 
1118  shall authorize the mental health treatment facility to retain 
1119  the inmate for up to 6 months. If, at the end of that time, 
1120  continued placement is necessary, the warden shall apply to the 
1121  Division of Administrative Hearings in accordance with s. 945.45 
1122  for an order authorizing continued placement. 
1123         (3) PROCEDURE FOR HEARING ON PLACEMENT OF AN INMATE IN A 
1124  MENTAL HEALTH TREATMENT FACILITY.— 
1125         (a) The court shall serve notice on the warden of the 
1126  facility where the inmate is confined and the allegedly mentally 
1127  ill inmate. The notice must specify the date, time, and place of 
1128  the hearing; the basis for the allegation of mental illness; and 
1129  the names of the examining experts. The hearing shall be held 
1130  within 5 days, and the court may appoint a general or special 
1131  magistrate to preside. The court may waive the presence of the 
1132  inmate at the hearing if the such waiver is consistent with the 
1133  best interests of the inmate and the inmate’s counsel does not 
1134  object. The department may transport the inmate to the location 
1135  of the hearing if the hearing is not conducted at the facility 
1136  or by electronic means. The hearing may be as informal as is 
1137  consistent with orderly procedure. One of the experts whose 
1138  opinion supported the petition for placement shall be present at 
1139  the hearing for information purposes. 
1140         (b) If, at the hearing, the court finds that the inmate is 
1141  mentally ill and in need of care and treatment, as defined in s. 
1142  945.42, the court shall order that he or she be placed in a 
1143  mental health treatment facility. The court shall provide a copy 
1144  of its order authorizing placement and all supporting 
1145  documentation relating to the inmate’s condition to the warden 
1146  of the treatment facility. If the court finds that the inmate is 
1147  not mentally ill, it shall dismiss the petition for placement. 
1148         (4) REFUSAL OF PLACEMENT.—The warden of an institution in 
1149  which a mental health treatment facility is located may refuse 
1150  to place any inmate in that treatment facility who is not 
1151  accompanied by adequate court orders and documentation, as 
1152  required in ss. 945.40-945.49. 
1153         Section 19. Section 945.46, Florida Statutes, is amended to 
1154  read: 
1155         945.46 Initiation of involuntary placement proceedings with 
1156  respect to a mentally ill inmate scheduled for release.— 
1157         (1) If an inmate who is receiving mental health treatment 
1158  in the department is scheduled for release through expiration of 
1159  sentence or any other means, but continues to be mentally ill 
1160  and in need of care and treatment, as defined in s. 945.42, the 
1161  warden is authorized to initiate procedures for involuntary 
1162  placement pursuant to s. 394.467, 60 days prior to such release. 
1163         (2) In addition, the warden may initiate procedures for 
1164  involuntary examination pursuant to s. 394.463 for any inmate 
1165  who has a mental illness and meets the criteria of s. 
1166  394.463(1). 
1167         (3) The department may transport an individual who is being 
1168  released from its custody to a receiving or treatment facility 
1169  for involuntary examination or placement. Such transport shall 
1170  be made to a facility that is specified by the Department of 
1171  Children and Family Services as able to meet the specific needs 
1172  of the individual. If the Department of Children and Family 
1173  Services does not specify a facility, transport may be made to 
1174  the nearest receiving facility. 
1175         Section 20. Section 946.42, Florida Statutes, is created to 
1176  read: 
1177         946.42 Use of inmates on private property.— 
1178         (1) The department may allow inmates who meet the criteria 
1179  provided in s. 946.40 to perform public works and enter onto 
1180  private property for the following purposes: 
1181         (a) To accept and collect donations for the use and benefit 
1182  of the department. 
1183         (b) To assist federal, state, local, and private agencies 
1184  before, during, and after emergencies or disasters. 
1185         (2) As used in this section, the term: 
1186         (a) “Disaster” means any natural, technological, or civil 
1187  emergency that causes damage of sufficient severity and 
1188  magnitude to result in a declaration of a state of emergency by 
1189  a county, the Governor, or the President of the United States. 
1190         (b) “Donations” means gifts of tangible personal property 
1191  and includes equipment, fixtures, construction materials, food 
1192  items, and other tangible personal property of a consumable and 
1193  nonconsumable nature. 
1194         (c) “Emergency” means any occurrence or threat of an 
1195  occurrence, whether natural, technological, or manmade, in war 
1196  or in peace, which results or may result in substantial injury 
1197  or harm to the population or substantial damage to or loss of 
1198  property. 
1199         Section 21. Subsection (3) of section 948.001, Florida 
1200  Statutes, is repealed. 
1201         Section 22. Subsection (1) of section 948.03, Florida 
1202  Statutes, is amended to read: 
1203         948.03 Terms and conditions of probation.— 
1204         (1) The court shall determine the terms and conditions of 
1205  probation. Conditions specified in this section do not require 
1206  oral pronouncement at the time of sentencing and may be 
1207  considered standard conditions of probation. These conditions 
1208  may include among them the following, that the probationer or 
1209  offender in community control shall: 
1210         (a) Report to the probation and parole supervisors as 
1211  directed. 
1212         (b) Permit such supervisors to visit him or her at his or 
1213  her home or elsewhere. 
1214         (c) Work faithfully at suitable employment insofar as may 
1215  be possible. 
1216         (d) Remain within a specified place. 
1217         (e) Live without violating any law. A conviction in a court 
1218  of law is not necessary for such a violation of law to 
1219  constitute a violation of probation, community control, or any 
1220  other form of court-ordered supervision. 
1221         (f)(e) Make reparation or restitution to the aggrieved 
1222  party for the damage or loss caused by his or her offense in an 
1223  amount to be determined by the court. The court shall make such 
1224  reparation or restitution a condition of probation, unless it 
1225  determines that clear and compelling reasons exist to the 
1226  contrary. If the court does not order restitution, or orders 
1227  restitution of only a portion of the damages, as provided in s. 
1228  775.089, it shall state on the record in detail the reasons 
1229  therefor. 
1230         (g)(f) Effective July 1, 1994, and applicable for offenses 
1231  committed on or after that date, make payment of the debt due 
1232  and owing to a county or municipal detention facility under s. 
1233  951.032 for medical care, treatment, hospitalization, or 
1234  transportation received by the felony probationer while in that 
1235  detention facility. The court, in determining whether to order 
1236  such repayment and the amount of the such repayment, shall 
1237  consider the amount of the debt, whether there was any fault of 
1238  the institution for the medical expenses incurred, the financial 
1239  resources of the felony probationer, the present and potential 
1240  future financial needs and earning ability of the probationer, 
1241  and dependents, and other appropriate factors. 
1242         (h)(g) Support his or her legal dependents to the best of 
1243  his or her ability. 
1244         (i)(h) Make payment of the debt due and owing to the state 
1245  under s. 960.17, subject to modification based on change of 
1246  circumstances. 
1247         (j)(i) Pay any application fee assessed under s. 
1248  27.52(1)(b) and attorney’s fees and costs assessed under s. 
1249  938.29, subject to modification based on change of 
1250  circumstances. 
1251         (k)(j) Not associate with persons engaged in criminal 
1252  activities. 
1253         (l)(k)1. Submit to random testing as directed by the 
1254  correctional probation officer or the professional staff of the 
1255  treatment center where he or she is receiving treatment to 
1256  determine the presence or use of alcohol or controlled 
1257  substances. 
1258         2. If the offense was a controlled substance violation and 
1259  the period of probation immediately follows a period of 
1260  incarceration in the state correction system, the conditions 
1261  shall include a requirement that the offender submit to random 
1262  substance abuse testing intermittently throughout the term of 
1263  supervision, upon the direction of the correctional probation 
1264  officer as defined in s. 943.10(3). 
1265         (m)(l) Be prohibited from possessing, carrying, or owning 
1266  any weapon without first procuring the consent of the 
1267  correctional firearm unless authorized by the court and 
1268  consented to by the probation officer. 
1269         (n)(m) Be prohibited from using intoxicants to excess or 
1270  possessing any drugs or narcotics unless prescribed by a 
1271  physician. The probationer or community controllee shall not 
1272  knowingly visit places where intoxicants, drugs, or other 
1273  dangerous substances are unlawfully sold, dispensed, or used. 
1274         (o)(n) Submit to the drawing of blood or other biological 
1275  specimens as prescribed in ss. 943.325 and 948.014, and 
1276  reimburse the appropriate agency for the costs of drawing and 
1277  transmitting the blood or other biological specimens to the 
1278  Department of Law Enforcement. 
1279         (p) Submit to the taking of a digitized photograph by the 
1280  department as a part of the offender’s records. This photograph 
1281  may be displayed on the department’s public website while the 
1282  offender is under court-ordered supervision. However, this 
1283  paragraph does not apply to an offender who is on pretrial 
1284  intervention supervision or an offender whose identity is exempt 
1285  from disclosure due to an exemption from the requirements of s. 
1286  119.07. 
1287         Section 23. Subsection (7) of section 948.09, Florida 
1288  Statutes, is amended to read: 
1289         948.09 Payment for cost of supervision and rehabilitation.— 
1290         (7) The department shall establish a payment plan for all 
1291  costs ordered by the courts for collection by the department and 
1292  a priority order for payments, except that victim restitution 
1293  payments authorized under s. 948.03(1)(f) s. 948.03(1)(e) take 
1294  precedence over all other court-ordered payments. The department 
1295  is not required to disburse cumulative amounts of less than $10 
1296  to individual payees established on this payment plan. 
1297         Section 24. Section 948.101, Florida Statutes, is amended 
1298  to read: 
1299         948.101 Terms and conditions of community control and 
1300  criminal quarantine community control.— 
1301         (1) The court shall determine the terms and conditions of 
1302  community control. Conditions specified in this subsection do 
1303  not require oral pronouncement at the time of sentencing and may 
1304  be considered standard conditions of community control. 
1305         (a) The court shall require intensive supervision and 
1306  surveillance for an offender placed into community control, 
1307  which may include, but is not limited to: 
1308         (a)1. Specified contact with the parole and probation 
1309  officer. 
1310         (b)2. Confinement to an agreed-upon residence during hours 
1311  away from employment and public service activities. 
1312         (c)3. Mandatory public service. 
1313         (d)4. Supervision by the Department of Corrections by means 
1314  of an electronic monitoring device or system. 
1315         (e)5. The standard conditions of probation set forth in s. 
1316  948.03. 
1317         (b) For an offender placed on criminal quarantine community 
1318  control, the court shall require: 
1319         1. Electronic monitoring 24 hours per day. 
1320         2. Confinement to a designated residence during designated 
1321  hours. 
1322         (2) The enumeration of specific kinds of terms and 
1323  conditions does not prevent the court from adding thereto any 
1324  other terms or conditions that the court considers proper. 
1325  However, the sentencing court may only impose a condition of 
1326  supervision allowing an offender convicted of s. 794.011, s. 
1327  800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 to reside in 
1328  another state if the order stipulates that it is contingent upon 
1329  the approval of the receiving state interstate compact 
1330  authority. The court may rescind or modify at any time the terms 
1331  and conditions theretofore imposed by it upon the offender in 
1332  community control. However, if the court withholds adjudication 
1333  of guilt or imposes a period of incarceration as a condition of 
1334  community control, the period may not exceed 364 days, and 
1335  incarceration shall be restricted to a county facility, a 
1336  probation and restitution center under the jurisdiction of the 
1337  Department of Corrections, a probation program drug punishment 
1338  phase I secure residential treatment institution, or a community 
1339  residential facility owned or operated by any entity providing 
1340  such services. 
1341         (3) The court may place a defendant who is being sentenced 
1342  for criminal transmission of HIV in violation of s. 775.0877 on 
1343  criminal quarantine community control. The Department of 
1344  Corrections shall develop and administer a criminal quarantine 
1345  community control program emphasizing intensive supervision with 
1346  24-hour-per-day electronic monitoring. Criminal quarantine 
1347  community control status must include surveillance and may 
1348  include other measures normally associated with community 
1349  control, except that specific conditions necessary to monitor 
1350  this population may be ordered. 
1351         Section 25. Subsection (1) of section 948.11, Florida 
1352  Statutes, is amended to read: 
1353         948.11 Electronic monitoring devices.— 
1354         (1)(a) The Department of Corrections may, at its 
1355  discretion, electronically monitor an offender sentenced to 
1356  community control. 
1357         (b) The Department of Corrections shall electronically 
1358  monitor an offender sentenced to criminal quarantine community 
1359  control 24 hours per day. 
1360         Section 26. Present subsection (4) of section 951.26, 
1361  Florida Statutes, is renumbered as subsection (5), and a new 
1362  subsection (4) is added to that section, to read: 
1363         951.26 Public safety coordinating councils.— 
1364         (4) The council may also develop a comprehensive local 
1365  reentry plan that is designed to assist offenders released from 
1366  incarceration to successfully reenter the community. The plan 
1367  should cover at least a 5-year period. In developing the plan, 
1368  the council shall coordinate with public safety officials and 
1369  local community organizations who can provide offenders with 
1370  reentry services, such as assistance with housing, health care, 
1371  education, substance abuse treatment, and employment. 
1372         Section 27. Section 958.03, Florida Statutes, is amended to 
1373  read: 
1374         958.03 Definitions.—As used in this act: 
1375         (1) “Department” means the Department of Corrections. 
1376         (2) “Community control program” means a form of intensive 
1377  supervised custody in the community, including surveillance on 
1378  weekends and holidays, administered by officers with restricted 
1379  caseloads. Community control is an individualized program in 
1380  which the freedom of the offender is restricted within the 
1381  community, home, or noninstitutional residential placement and 
1382  specific sanctions are imposed and enforced. 
1383         (3) “Court” means a judge or successor who designates a 
1384  defendant as a youthful offender. 
1385         (4) “Probation” means a form of community supervision 
1386  requiring specified contacts with parole and probation officers 
1387  and other terms and conditions as provided in s. 948.03. 
1388         (5) “Youthful offender” means any person who is sentenced 
1389  as such by the court pursuant to s. 958.04 or is classified as 
1390  such by the department pursuant to s. 958.11 s. 958.04. 
1391         (6) “Youthful offender facility” means any facility in the 
1392  state correctional system which the department designates for 
1393  the care, custody, control, and supervision of youthful 
1394  offenders. 
1395         Section 28. Subsections (4) and (5) of section 958.04, 
1396  Florida Statutes, are repealed. 
1397         Section 29. Section 958.045, Florida Statutes, is amended 
1398  to read: 
1399         958.045 Youthful offender basic training program.— 
1400         (1) The department shall develop and implement a basic 
1401  training program for youthful offenders sentenced or classified 
1402  by the department as youthful offenders pursuant to this 
1403  chapter. The period of time to be served at the basic training 
1404  program shall be no less than 120 days. 
1405         (a) The program must shall include marching drills, 
1406  calisthenics, a rigid dress code, manual labor assignments, 
1407  physical training with obstacle courses, training in 
1408  decisionmaking and personal development, general education 
1409  development and adult basic education courses, and drug 
1410  counseling and other rehabilitation programs. 
1411         (b) The department shall adopt rules governing the 
1412  administration of the youthful offender basic training program, 
1413  requiring that basic training participants complete a structured 
1414  disciplinary program, and allowing for a restriction on general 
1415  inmate population privileges. 
1416         (2) Upon receipt of youthful offenders, the department 
1417  shall screen offenders for the basic training program. To 
1418  participate, an offender must have no physical limitations that 
1419  preclude participation in strenuous activity, must not be 
1420  impaired, and must not have been previously incarcerated in a 
1421  state or federal correctional facility. In screening offenders 
1422  for the basic training program, the department shall consider 
1423  the offender’s criminal history and the possible rehabilitative 
1424  benefits of “shock” incarceration. 
1425         (a) If an offender meets the specified criteria and space 
1426  is available, the department shall request, in writing from the 
1427  sentencing court, approval for the offender to participate in 
1428  the basic training program. If the person is classified by the 
1429  department as a youthful offender and the department is 
1430  requesting approval from the sentencing court for placement in 
1431  the program, the department shall, at the same time, notify the 
1432  state attorney that the offender is being considered for 
1433  placement in the basic training program. The notice must explain 
1434  that the purpose of such placement is diversion from lengthy 
1435  incarceration when a short “shock” incarceration could produce 
1436  the same deterrent effect, and that the state attorney may, 
1437  within 14 days after the mailing of the notice, notify the 
1438  sentencing court in writing of objections, if any, to the 
1439  placement of the offender in the basic training program. 
1440         (b) The sentencing court shall notify the department in 
1441  writing of placement approval no later than 21 days after 
1442  receipt of the department’s request for placement of the 
1443  youthful offender in the basic training program. Failure to 
1444  notify the department within 21 days shall be considered an 
1445  approval by the sentencing court for placing the youthful 
1446  offender in the basic training program. Each state attorney may 
1447  develop procedures for notifying the victim that the offender is 
1448  being considered for placement in the basic training program. 
1449         (3) The program shall provide a short incarceration period 
1450  of rigorous training to offenders who require a greater degree 
1451  of supervision than community control or probation provides. 
1452  Basic training programs may be operated in secure areas in or 
1453  adjacent to an adult institution notwithstanding s. 958.11. The 
1454  program is not intended to divert offenders away from probation 
1455  or community control but to divert them from long periods of 
1456  incarceration when a short “shock” incarceration could produce 
1457  the same deterrent effect. 
1458         (4) Upon admittance to the department, an educational and 
1459  substance abuse assessment shall be performed on each youthful 
1460  offender. Upon admittance to the basic training program, each 
1461  offender shall have a full substance abuse assessment to 
1462  determine the offender’s need for substance abuse treatment. The 
1463  educational assessment shall be accomplished through the aid of 
1464  the Test of Adult Basic Education or any other testing 
1465  instrument approved by the Department of Education, as 
1466  appropriate. Each offender who has not obtained a high school 
1467  diploma shall be enrolled in an adult education program designed 
1468  to aid the offender in improving his or her academic skills and 
1469  earning a high school diploma. Further assessments of the prior 
1470  vocational skills and future career education shall be provided 
1471  to the offender. A periodic evaluation shall be made to assess 
1472  the progress of each offender, and upon completion of the basic 
1473  training program the assessment and information from the 
1474  department’s record of each offender shall be transferred to the 
1475  appropriate community residential program. 
1476         (5)(a) If an offender in the basic training program becomes 
1477  unmanageable, the department may revoke the offender’s gain-time 
1478  and place the offender in disciplinary confinement in accordance 
1479  with department rule. Except as provided in paragraph (b), the 
1480  offender must be readmitted to the basic training program upon 
1481  completing the disciplinary process. Any period of time during 
1482  which the offender is unable to participate in the basic 
1483  training activities may be excluded from the time requirements 
1484  specified in the program. 
1485         (b) The department may terminate an offender from the basic 
1486  training program if: 
1487         1. The offender has committed or threatened to commit a 
1488  violent act; 
1489         2. The department determines that the offender is unable to 
1490  participate in the basic training activities due to medical 
1491  reasons; 
1492         3. The offender’s sentence is modified or expires; 
1493         4. The department reassigns the offender to a different 
1494  classification status; or 
1495         5. The department determines that removing the offender 
1496  from the program is in the best interests of the inmate or the 
1497  security of the institution. If an offender in the basic 
1498  training program becomes unmanageable, the department may revoke 
1499  the offender’s gain-time and place the offender in disciplinary 
1500  confinement for up to 30 days. Upon completion of the 
1501  disciplinary process, the offender shall be readmitted to the 
1502  basic training program, except for an offender who has committed 
1503  or threatened to commit a violent act. If the offender is 
1504  terminated from the program, the department may place the 
1505  offender in the general population to complete the remainder of 
1506  the offender’s sentence. Any period of time in which the 
1507  offender is unable to participate in the basic training 
1508  activities may be excluded from the specified time requirements 
1509  in the program. 
1510         (c)(b) If the offender is unable to participate in the 
1511  basic training activities due to medical reasons, certified 
1512  medical personnel shall examine the offender and shall consult 
1513  with the basic training program director concerning the 
1514  offender’s termination from the program. 
1515         (d)(c) The portion of the sentence served before placement 
1516  in the basic training program may not be counted toward program 
1517  completion. The department shall submit a report to the court at 
1518  least 30 days before the youthful offender is scheduled to 
1519  complete the basic training program. The report must describe 
1520  the offender’s performance in the basic training program. If the 
1521  youthful offender’s performance is satisfactory, the court shall 
1522  issue an order modifying the sentence imposed and place the 
1523  offender on supervision probation subject to the offender 
1524  successfully completing the remainder of the basic training 
1525  program. The term of supervision probation may include placement 
1526  in a community residential program. If the offender violates the 
1527  conditions of supervision probation, the court may revoke 
1528  supervision probation and impose any sentence that it might have 
1529  originally imposed. 
1530         (6)(a) Upon completing the basic training program, an 
1531  offender shall be transferred to a community residential program 
1532  and reside there for a term designated by department rule. If 
1533  the basic training program director determines that the offender 
1534  is not suitable for the community residential program but is 
1535  suitable for an alternative postrelease program or release plan, 
1536  within 30 days prior to program completion the department shall 
1537  evaluate the offender’s needs and determine an alternative 
1538  postrelease program or plan. The department’s consideration 
1539  shall include, but not be limited to, the offender’s employment, 
1540  residence, family situation, and probation or postrelease 
1541  supervision obligations. Upon the approval of the department, 
1542  the offender shall be released to an alternative postrelease 
1543  program or plan. 
1544         (b) While in the community residential program, as 
1545  appropriate, the offender shall engage in gainful employment, 
1546  and if any, shall pay restitution to the victim. If appropriate, 
1547  the offender may enroll in substance abuse counseling, and if 
1548  suitable, shall enroll in a general education development or 
1549  adult basic education class for the purpose of attaining a high 
1550  school diploma. Upon release from the community residential 
1551  program, the offender shall remain on probation, or other 
1552  postrelease supervision, and abide by the conditions of the 
1553  offender’s probation or postrelease supervision. If, upon 
1554  transfer from the community residential program, the offender 
1555  has not completed the enrolled educational program, the offender 
1556  shall continue the educational program until completed. If the 
1557  offender fails to complete the program, the department may 
1558  request the court or the control release authority to execute an 
1559  order returning the offender back to the community residential 
1560  program until completion of the program. 
1561         (6)(7) The department shall implement the basic training 
1562  program to the fullest extent feasible within the provisions of 
1563  this section. 
1564         (8)(a) The Assistant Secretary for Youthful Offenders shall 
1565  continuously screen all institutions, facilities, and programs 
1566  for any inmate who meets the eligibility requirements for 
1567  youthful offender designation specified in s. 958.04, whose age 
1568  does not exceed 24 years. The department may classify and assign 
1569  as a youthful offender any inmate who meets the criteria of s. 
1570  958.04. 
1571         (b) A youthful offender who is designated as such by the 
1572  department and assigned to the basic training program must be 
1573  eligible for control release pursuant to s. 947.146. 
1574         (c) The department shall work cooperatively with the 
1575  Control Release Authority or the Parole Commission to effect the 
1576  release of an offender who has successfully completed the 
1577  requirements of the basic training program. 
1578         (d) Upon an offender’s completion of the basic training 
1579  program, the department shall submit a report to the releasing 
1580  authority that describes the offender’s performance. If the 
1581  performance has been satisfactory, the release authority shall 
1582  establish a release date that is within 30 days following 
1583  program completion. As a condition of release, the offender 
1584  shall be placed in a community residential program as provided 
1585  in this section or on community supervision as provided in 
1586  chapter 947, and shall be subject to the conditions established 
1587  therefor. 
1588         (7)(9) Upon commencement of the community residential 
1589  program, the department shall submit annual reports to the 
1590  Governor, the President of the Senate, and the Speaker of the 
1591  House of Representatives detailing the extent of implementation 
1592  of the basic training program and the community residential 
1593  program, and outlining future goals and any recommendation the 
1594  department has for future legislative action. 
1595         (8)(10) Due to serious and violent crime, the Legislature 
1596  declares the construction of a basic training facility is 
1597  necessary to aid in alleviating an emergency situation. 
1598         (9)(11) The department shall provide a special training 
1599  program for staff selected for the basic training program. 
1600         (10)(12) The department may develop performance-based 
1601  contracts with qualified individuals, agencies, or corporations 
1602  for the provision of any or all of the youthful offender 
1603  programs. 
1604         (11)(13) An offender in the basic training program is 
1605  subject to rules of conduct established by the department and 
1606  may have sanctions imposed, including loss of privileges, 
1607  restrictions, disciplinary confinement, alteration of release 
1608  plans, or other program modifications in keeping with the nature 
1609  and gravity of the program violation. Administrative or 
1610  protective confinement, as necessary, may be imposed. 
1611         (12)(14) The department may establish a system of 
1612  incentives within the basic training program which the 
1613  department may use to promote participation in rehabilitative 
1614  programs and the orderly operation of institutions and 
1615  facilities. 
1616         (13)(15) The department shall develop a system for tracking 
1617  recidivism, including, but not limited to, rearrests and 
1618  recommitment of youthful offenders, and shall report on that 
1619  system in its annual reports of the programs. 
1620         Section 30. Section 958.09, Florida Statutes, is amended to 
1621  read: 
1622         958.09 Extension of limits of confinement.—Section 945.091 
1623  and the rules developed by the department which implement s. 
1624  945.091 apply to youthful offenders. 
1625         (1) The department shall adopt rules permitting the 
1626  extension of the limits of the place of confinement of a 
1627  youthful offender when there is reasonable cause to believe that 
1628  the youthful offender will honor the trust placed in him or her. 
1629  The department may authorize a youthful offender, under 
1630  prescribed conditions and following investigation and approval 
1631  by the department which shall maintain a written record of such 
1632  action, to leave the place of his or her confinement for a 
1633  prescribed period of time: 
1634         (a) To visit a designated place or places for the purpose 
1635  of visiting a dying relative, attending the funeral of a 
1636  relative, or arranging for employment or for a suitable 
1637  residence for use when released; to otherwise aid in the 
1638  correction of the youthful offender; or for another compelling 
1639  reason consistent with the public interest and to return to the 
1640  same or another institution or facility designated by the 
1641  department; or 
1642         (b) To work at paid employment, participate in an 
1643  educational or a training program, or voluntarily serve a public 
1644  or nonprofit agency or a public service program in the 
1645  community; provided, that the youthful offender shall be 
1646  confined except during the hours of his or her employment, 
1647  education, training, or service and while traveling thereto and 
1648  therefrom. 
1649         (2) The department shall adopt rules as to the eligibility 
1650  of youthful offenders for such extension of confinement, the 
1651  disbursement of any earnings of youthful offenders, or the 
1652  entering into of agreements between the department and any 
1653  municipal, county, or federal agency for the housing of youthful 
1654  offenders in a local place of confinement. However, no youthful 
1655  offender convicted of sexual battery pursuant to s. 794.011 is 
1656  eligible for any extension of the limits of confinement under 
1657  this section. 
1658         (3) The willful failure of a youthful offender to remain 
1659  within the extended limits of confinement or to return within 
1660  the time prescribed to the place of confinement designated by 
1661  the department is an escape from the custody of the department 
1662  and a felony of the third degree, punishable as provided by s. 
1663  775.082. 
1664         (4) The department may contract with other public and 
1665  private agencies for the confinement, treatment, counseling, 
1666  aftercare, or community supervision of youthful offenders when 
1667  consistent with the youthful offenders’ welfare and the interest 
1668  of society. 
1669         (5) The department shall document and account for all forms 
1670  for disciplinary reports for inmates placed on extended limits 
1671  of confinement, which reports shall include, but not be limited 
1672  to, all violations of rules of conduct, the rule or rules 
1673  violated, the nature of punishment administered, the authority 
1674  ordering such punishment, and the duration of time during which 
1675  the inmate was subjected to confinement. 
1676         (6)(a) The department is authorized to levy fines only 
1677  through disciplinary reports and only against inmates placed on 
1678  extended limits of confinement. Major and minor infractions and 
1679  their respective punishments for inmates placed on extended 
1680  limits of confinement shall be defined by the rules of the 
1681  department, except that any fine shall not exceed $50 for each 
1682  infraction deemed to be minor and $100 for each infraction 
1683  deemed to be major. Such fines shall be deposited in the General 
1684  Revenue Fund, and a receipt shall be given to the inmate. 
1685         (b) When the chief correctional officer determines that a 
1686  fine would be an appropriate punishment for a violation of the 
1687  rules of the department, both the determination of guilt and the 
1688  amount of the fine shall be determined by the disciplinary 
1689  committee pursuant to the method prescribed in s. 944.28(2)(c). 
1690         (c) The department shall develop rules defining the 
1691  policies and procedures for the administering of such fines. 
1692         Section 31. Subsection (3) of section 958.11, Florida 
1693  Statutes, is amended, and subsection (4) of that section is 
1694  reenacted, to read: 
1695         958.11 Designation of institutions and programs for 
1696  youthful offenders; assignment from youthful offender 
1697  institutions and programs.— 
1698         (3) The department may assign a youthful offender to a 
1699  nonyouthful offender facility and manage the youthful offender 
1700  in a manner consistent with inmates in the adult population in 
1701  the state correctional system which is not designated for the 
1702  care, custody, control, and supervision of youthful offenders or 
1703  an age group only in the following circumstances: 
1704         (a) If the youthful offender is convicted of a new crime 
1705  which is a felony under the laws of this state. 
1706         (b) If the youthful offender becomes such a serious 
1707  management or disciplinary problem resulting from serious or 
1708  repeat violations of the rules of the department that his or her 
1709  original assignment would be detrimental to the interests of the 
1710  program and to other inmates committed thereto. 
1711         (c) If the youthful offender needs medical treatment, 
1712  health services, or other specialized treatment otherwise not 
1713  available at the youthful offender facility. 
1714         (d) If the department determines that the youthful offender 
1715  should be transferred outside of the state correctional system, 
1716  as provided by law, for services not provided by the department. 
1717         (e) If bed space is not available in a designated community 
1718  residential facility, the department may assign a youthful 
1719  offender to a community residential facility, provided that the 
1720  youthful offender is separated from other offenders insofar as 
1721  is practical. 
1722         (f) If the youthful offender was originally assigned to a 
1723  facility designated for 14-year-old to 18-year-old youthful 
1724  offenders, but subsequently reaches the age of 19 years, the 
1725  department may retain the youthful offender in the facility if 
1726  the department determines that it is in the best interest of the 
1727  youthful offender and the department. 
1728         (g) If the department determines that a youthful offender 
1729  originally assigned to a facility designated for the 19-24 age 
1730  group is mentally or physically vulnerable by such placement, 
1731  the department may reassign a youthful offender to a facility 
1732  designated for the 14-18 age group if the department determines 
1733  that a reassignment is necessary to protect the safety of the 
1734  youthful offender or the institution. 
1735         (h) If the department determines that a youthful offender 
1736  originally assigned to a facility designated for the 14-18 age 
1737  group is disruptive, incorrigible, or uncontrollable, the 
1738  department may reassign a youthful offender to a facility 
1739  designated for the 19-24 age group if the department determines 
1740  that a reassignment would best serve the interests of the 
1741  youthful offender and the department. 
1742         (i) If the youthful offender has reached the age of 25. 
1743         (j) If the department cannot adequately ensure the safety 
1744  of a youthful offender within a youthful offender facility. 
1745         (k) If the youthful offender has a documented history of 
1746  benefiting, promoting, or furthering the interests of a criminal 
1747  gang, as defined in s. 874.03, while housed in a youthful 
1748  offender facility. 
1749         (l) If the department has classified an inmate as a 
1750  youthful offender under subsection (4) and the department 
1751  determines the assignment is necessary for population management 
1752  purposes. 
1753         (4) The department shall continuously screen all 
1754  institutions, facilities, and programs for any inmate who meets 
1755  the eligibility requirements for youthful offender designation 
1756  specified in s. 958.04(1)(a) and (c) whose age does not exceed 
1757  24 years and whose total length of sentence does not exceed 10 
1758  years, and the department may classify and assign as a youthful 
1759  offender any inmate who meets the criteria of this subsection. 
1760         Section 32. Subsection (1) of section 951.231, Florida 
1761  Statutes, is amended to read: 
1762         951.231 County residential probation program.— 
1763         (1) Any prisoner who has been sentenced under s. 921.18 to 
1764  serve a sentence in a county residential probation center as 
1765  described in s. 951.23 shall: 
1766         (a) Reside at the center at all times other than during 
1767  employment hours and reasonable travel time to and from his or 
1768  her place of employment, except that supervisory personnel at a 
1769  county residential probation center may extend the limits of 
1770  confinement to include, but not be limited to, probation, 
1771  community control, or other appropriate supervisory techniques. 
1772         (b) Seek and obtain employment on an 8-hours-a-day basis 
1773  and retain employment throughout the period of time he or she is 
1774  housed at the center. 
1775         (c) Participate in and complete the program required by s. 
1776  958.04(4), if required by the supervisor of the center. 
1777         (c)(d) Participate in the education program provided at the 
1778  center, if required by the supervisor of the center. 
1779         (d)(e) Participate in the drug treatment program provided 
1780  at the center, if required by the supervisor of the center. 
1781         Section 33. This act shall take effect July 1, 2010.
LegiScan Search

View Top 50 Searches
LegiScan Info

2024 Schedules
Price List
Voter Registration
Governor Deadlines &
Effective Dates
LegiScan Trends

View Top 50 National
WI AB1035 Requiring the community approach to four-year-old kindergarten. (FE)
RI H7333 Expands eligibility for the qualified Medicare beneficiary program by increasing...
MD HB136 Employment Standards, Prevailing Wage, and Living Wage - Employer Adverse...
AK HB145 Loans Under $25,000; Payday Loans
HI HB1944 Relating To Workers' Compensation.
MA H4726 Relative to the Affordable Homes Act
TN SB1416 AN ACT to amend Tennessee Code Annotated, Title 9; Title 29 and Title 40,...
SC H3309 Seizure Safe Schools Act
NJ S3331 Makes supplemental appropriation of $12 million to Village of Ridgewood...
MA H894 Relative to forest management and practices guidelines
Main menu

Bill Text: FL S0960 | 2010 | Regular Session | Introduced

Florida Senate Bill 960 (Prior Session Legislation)

LegiScan Search

LegiScan Info

LegiScan Trends
