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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Corrections [SPSC]

Spectrum: Bipartisan Bill

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

Download: Florida-2010-S0960-Comm_Sub.html

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Florida Senate - 2010                              CS for SB 960 
 
By the Committee on Criminal Justice; and Senator Dockery 
591-02043-10                                           2010960c1 
1                        A bill to be entitled 
2         An act relating to corrections; amending s. 384.34, 
3         F.S.; revising criminal penalties pertaining to 
4         sexually transmissible diseases; amending s. 775.0877, 
5         F.S.; removing a provision authorizing a court to 
6         require an offender convicted of criminal transmission 
7         of HIV to serve a term of criminal quarantine 
8         community control; amending s. 796.08, F.S., relating 
9         to criminal transmission of HIV; conforming a cross 
10         reference; creating s. 800.09, F.S.; defining terms; 
11         providing that a person who is detained in a state or 
12         private correctional facility may not commit any lewd 
13         or lascivious behavior or other sexual act in the 
14         presence of an employee whom the detainee knows or 
15         reasonably should know is an employee; providing that 
16         a violation is a felony of the third degree; providing 
17         criminal penalties; amending s. 921.187, F.S.; 
18         removing a reference to criminal quarantine community 
19         control to conform to changes made by the act; 
20         amending s. 940.061, F.S.; requiring that the 
21         Department of Corrections send to the Parole 
22         Commission a monthly electronic list containing the 
23         names of inmates released from incarceration and 
24         offenders terminated from supervision and who may be 
25         eligible for restoration of civil rights; repealing s. 
26         944.293, F.S., relating to the restoration of an 
27         inmate’s civil rights; amending s. 944.35, F.S.; 
28         prohibiting an employee of a private correctional 
29         facility from committing certain specified criminal 
30         acts; amending s. 944.605, F.S.; authorizing the 
31         Department of Corrections to electronically submit 
32         certain information to the sheriff of the county in 
33         which the inmate plans to reside and to the chief of 
34         police of the municipality where the inmate plans to 
35         reside; amending ss. 944.804 and 944.8041, F.S.; 
36         authorizing the department to establish and operate 
37         certain geriatric facilities at prison institutions; 
38         removing provisions authorizing the operation of a 
39         specified facility; amending s. 945.41, F.S.; deleting 
40         a prohibition against the placement of youthful 
41         offenders at certain institutions for mental health 
42         treatment; amending s. 945.42, F.S.; deleting 
43         references to an inmate’s refusal of voluntary 
44         placement for purposes of determining the inmate’s 
45         need for care and treatment; amending s. 945.43, F.S.; 
46         clarifying that an inmate is placed in a mental health 
47         treatment facility rather than admitted to the 
48         facility; authorizing the department to transport the 
49         inmate to the location of the hearing on such a 
50         placement; amending s. 945.46, F.S.; providing 
51         procedures for the transport of inmates who are 
52         mentally ill and who are scheduled to be released from 
53         confinement; creating s. 946.42, F.S.; authorizing the 
54         department to use inmate labor on private property 
55         under certain specified circumstances; defining terms; 
56         repealing s. 948.001(3), F.S., relating to the 
57         definition of the term “criminal quarantine community 
58         control,” to conform to changes made by the act; 
59         amending s. 948.03, F.S.; providing additional 
60         conditions of probation to be applied to a defendant; 
61         deleting a requirement that a probationer obtain court 
62         authorization in order to possess a weapon; requiring 
63         that a digitized photograph of an offender be part of 
64         the offender’s record; authorizing the department to 
65         display such photographs on its website for a 
66         specified period; providing certain exceptions; 
67         amending s. 948.09, F.S.; conforming a cross 
68         reference; amending ss. 948.101 and 948.11, F.S.; 
69         revising terms and conditions of community control and 
70         deleting provisions related to criminal quarantine 
71         community control; amending s. 951.26, F.S.; 
72         authorizing each local public safety coordinating 
73         council to develop a comprehensive local reentry plan 
74         for offenders reentering the community; providing an 
75         effective date. 
76 
77  Be It Enacted by the Legislature of the State of Florida: 
78 
79         Section 1. Subsection (5) of section 384.34, Florida 
80  Statutes, is amended to read: 
81         384.34 Penalties.— 
82         (5) Any person who violates the provisions of s. 384.24(2) 
83  commits a felony of the third degree, punishable as provided in 
84  s. 775.082, s. 775.083, or s. 775.084 ss. 775.082, 775.083, 
85  775.084, and 775.0877(7). Any person who commits multiple 
86  violations of the provisions of s. 384.24(2) commits a felony of 
87  the first degree, punishable as provided in s. 775.082, s. 
88  775.083, or s. 775.084 ss. 775.082, 775.083, 775.084, and 
89  775.0877(7). 
90         Section 2. Section 775.0877, Florida Statutes, is amended 
91  to read: 
92         775.0877 Criminal transmission of HIV; procedures; 
93  penalties.— 
94         (1) In any case in which a person has been convicted of or 
95  has pled nolo contendere or guilty to, regardless of whether 
96  adjudication is withheld, any of the following offenses, or the 
97  attempt thereof, which offense or attempted offense involves the 
98  transmission of body fluids from one person to another: 
99         (a) Section 794.011, relating to sexual battery, 
100         (b) Section 826.04, relating to incest, 
101         (c) Section 800.04(1), (2), and (3), relating to lewd, 
102  lascivious, or indecent assault or act upon any person less than 
103  16 years of age, 
104         (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d), 
105  relating to assault, 
106         (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b), 
107  relating to aggravated assault, 
108         (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c), 
109  relating to battery, 
110         (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a), 
111  relating to aggravated battery, 
112         (h) Section 827.03(1), relating to child abuse, 
113         (i) Section 827.03(2), relating to aggravated child abuse, 
114         (j) Section 825.102(1), relating to abuse of an elderly 
115  person or disabled adult, 
116         (k) Section 825.102(2), relating to aggravated abuse of an 
117  elderly person or disabled adult, 
118         (l) Section 827.071, relating to sexual performance by 
119  person less than 18 years of age, 
120         (m) Sections 796.03, 796.07, and 796.08, relating to 
121  prostitution, or 
122         (n) Section 381.0041(11)(b), relating to donation of blood, 
123  plasma, organs, skin, or other human tissue, 
124 
125  the court shall order the offender to undergo HIV testing, to be 
126  performed under the direction of the Department of Health in 
127  accordance with s. 381.004, unless the offender has undergone 
128  HIV testing voluntarily or pursuant to procedures established in 
129  s. 381.004(3)(h)6. or s. 951.27, or any other applicable law or 
130  rule providing for HIV testing of criminal offenders or inmates, 
131  subsequent to her or his arrest for an offense enumerated in 
132  paragraphs (a)-(n) for which she or he was convicted or to which 
133  she or he pled nolo contendere or guilty. The results of an HIV 
134  test performed on an offender pursuant to this subsection are 
135  not admissible in any criminal proceeding arising out of the 
136  alleged offense. 
137         (2) The results of the HIV test must be disclosed under the 
138  direction of the Department of Health, to the offender who has 
139  been convicted of or pled nolo contendere or guilty to an 
140  offense specified in subsection (1), the public health agency of 
141  the county in which the conviction occurred and, if different, 
142  the county of residence of the offender, and, upon request 
143  pursuant to s. 960.003, to the victim or the victim’s legal 
144  guardian, or the parent or legal guardian of the victim if the 
145  victim is a minor. 
146         (3) An offender who has undergone HIV testing pursuant to 
147  subsection (1), and to whom positive test results have been 
148  disclosed pursuant to subsection (2), who commits a second or 
149  subsequent offense enumerated in paragraphs (1)(a)-(n), commits 
150  criminal transmission of HIV, a felony of the third degree, 
151  punishable as provided in s. 775.082, s. 775.083, or s. 775.084 
152  subsection (7). A person may be convicted and sentenced 
153  separately for a violation of this subsection and for the 
154  underlying crime enumerated in paragraphs (1)(a)-(n). 
155         (4) An offender may challenge the positive results of an 
156  HIV test performed pursuant to this section and may introduce 
157  results of a backup test performed at her or his own expense. 
158         (5) Nothing in this section requires that an HIV infection 
159  have occurred in order for an offender to have committed 
160  criminal transmission of HIV. 
161         (6) For an alleged violation of any offense enumerated in 
162  paragraphs (1)(a)-(n) for which the consent of the victim may be 
163  raised as a defense in a criminal prosecution, it is an 
164  affirmative defense to a charge of violating this section that 
165  the person exposed knew that the offender was infected with HIV, 
166  knew that the action being taken could result in transmission of 
167  the HIV infection, and consented to the action voluntarily with 
168  that knowledge. 
169         (7) In addition to any other penalty provided by law for an 
170  offense enumerated in paragraphs (1)(a)-(n), the court may 
171  require an offender convicted of criminal transmission of HIV to 
172  serve a term of criminal quarantine community control, as 
173  described in s. 948.001. 
174         Section 3. Subsection (5) of section 796.08, Florida 
175  Statutes, is amended to read: 
176         796.08 Screening for HIV and sexually transmissible 
177  diseases; providing penalties.— 
178         (5) A person who: 
179         (a) Commits or offers to commit prostitution; or 
180         (b) Procures another for prostitution by engaging in sexual 
181  activity in a manner likely to transmit the human 
182  immunodeficiency virus, 
183 
184  and who, prior to the commission of such crime, had tested 
185  positive for human immunodeficiency virus and knew or had been 
186  informed that he or she had tested positive for human 
187  immunodeficiency virus and could possibly communicate such 
188  disease to another person through sexual activity commits 
189  criminal transmission of HIV, a felony of the third degree, 
190  punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 
191  or s. 775.0877(7). A person may be convicted and sentenced 
192  separately for a violation of this subsection and for the 
193  underlying crime of prostitution or procurement of prostitution. 
194         Section 4. Section 800.09, Florida Statutes, is created to 
195  read: 
196         800.09 Lewd or lascivious exhibition in the presence of an 
197  employee.— 
198         (1)� As used in this section, the term: 
199         (a) “Facility” means a state correctional institution, as 
200  defined in s. 944.02, or a private correctional facility, as 
201  defined in s. 944.710. 
202         (b) “Employee” means any person employed by or performing 
203  contractual services for a public or private entity operating a 
204  facility or any person employed by or performing contractual 
205  services for the corporation operating the prison industry 
206  enhancement programs or the correctional work programs under 
207  part II of chapter 946. The term also includes any person who is 
208  a parole examiner with the Parole Commission. 
209         (2)(a) A person who is detained in a facility may not: 
210         1. Intentionally masturbate; 
211         2. Intentionally expose the genitals in a lewd or 
212  lascivious manner; or 
213         3. Intentionally commit any other sexual act that does not 
214  involve actual physical or sexual contact with the victim, 
215  including, but not limited to, sadomasochistic abuse, sexual 
216  bestiality, or the simulation of any act involving sexual 
217  activity, 
218 
219  in the presence of a person he or she knows or reasonably should 
220  know is an employee. 
221         (b)� A person who violates paragraph (a) commits lewd or 
222  lascivious exhibition in the presence of an employee, a felony 
223  of the third degree, punishable as provided in s. 775.082, s. 
224  775.083, or s. 775.084. 
225         Section 5. Subsections (2) and (3) of section 921.187, 
226  Florida Statutes, are amended to read: 
227         921.187 Disposition and sentencing; alternatives; 
228  restitution.— 
229         (2) In addition to any other penalty provided by law for an 
230  offense enumerated in s. 775.0877(1)(a)-(n), if the offender is 
231  convicted of criminal transmission of HIV pursuant to s. 
232  775.0877, the court may sentence the offender to criminal 
233  quarantine community control as described in s. 948.001. 
234         (2)(3) The court shall require an offender to make 
235  restitution under s. 775.089, unless the court finds clear and 
236  compelling reasons not to order such restitution. If the court 
237  does not order restitution, or orders restitution of only a 
238  portion of the damages, as provided in s. 775.089, the court 
239  shall state the reasons on the record in detail. An order 
240  requiring an offender to make restitution to a victim under s. 
241  775.089 does not remove or diminish the requirement that the 
242  court order payment to the Crimes Compensation Trust Fund under 
243  chapter 960. 
244         Section 6. Section 940.061, Florida Statutes, is amended to 
245  read: 
246         940.061 Informing persons about executive clemency and 
247  restoration of civil rights.—The Department of Corrections shall 
248  inform and educate inmates and offenders on community 
249  supervision about the restoration of civil rights. Each month 
250  the Department of Corrections shall send to the Parole 
251  Commission an electronic list containing the names of inmates 
252  who have been released from incarceration, and offenders who 
253  have been terminated from supervision, and who may be eligible 
254  and assist eligible inmates and offenders on community 
255  supervision with the completion of the application for the 
256  restoration of civil rights. 
257         Section 7. Section 944.293, Florida Statutes, is repealed. 
258         Section 8. Paragraph (b) of subsection (3) of section 
259  944.35, Florida Statutes, is amended to read: 
260         944.35 Authorized use of force; malicious battery and 
261  sexual misconduct prohibited; reporting required; penalties.— 
262         (3) 
263         (b)1. As used in this paragraph, the term “sexual 
264  misconduct” means the oral, anal, or vaginal penetration by, or 
265  union with, the sexual organ of another or the anal or vaginal 
266  penetration of another by any other object, but does not include 
267  an act done for a bona fide medical purpose or an internal 
268  search conducted in the lawful performance of the employee’s 
269  duty. 
270         2. Any employee of the department or a private correctional 
271  facility, as defined in s. 944.710, who engages in sexual 
272  misconduct with an inmate or an offender supervised by the 
273  department in the community, without committing the crime of 
274  sexual battery, commits a felony of the third degree, punishable 
275  as provided in s. 775.082, s. 775.083, or s. 775.084. 
276         3. The consent of the inmate or offender supervised by the 
277  department in the community to any act of sexual misconduct may 
278  not be raised as a defense to a prosecution under this 
279  paragraph. 
280         4. This paragraph does not apply to any employee of the 
281  department or any employee of a private correctional facility 
282  who is legally married to an inmate or an offender supervised by 
283  the department in the community, nor does it apply to any 
284  employee who has no knowledge, and would have no reason to 
285  believe, that the person with whom the employee has engaged in 
286  sexual misconduct is an inmate or an offender under community 
287  supervision of the department. 
288         Section 9. Subsection (3) of section 944.605, Florida 
289  Statutes, is amended to read: 
290         944.605 Inmate release; notification.— 
291         (3)(a) If an inmate is to be released after having served 
292  one or more sentences for a conviction of robbery, sexual 
293  battery, home-invasion robbery, or carjacking, or an inmate to 
294  be released has a prior conviction for robbery, sexual battery, 
295  home-invasion robbery, or carjacking or similar offense, in this 
296  state or in another jurisdiction, and if such prior conviction 
297  information is contained in department records, the department 
298  shall release to the sheriff of the county in which the inmate 
299  plans to reside, and, if the inmate plans to reside within a 
300  municipality, to the chief of police of that municipality, the 
301  following information, which must include, but need not be 
302  limited to: 
303         1.(a) Name; 
304         2.(b) Social security number; 
305         3.(c) Date of birth; 
306         4.(d) Race; 
307         5.(e) Sex; 
308         6.(f) Height; 
309         7.(g) Weight; 
310         8.(h) Hair and eye color; 
311         9.(i) Tattoos or other identifying marks; 
312         10.(j) Fingerprints; and 
313         11.(k) A digitized photograph as provided in subsection 
314  (2). 
315 
316  The department shall release the information specified in this 
317  paragraph subsection within 6 months prior to the discharge of 
318  the inmate from the custody of the department. 
319         (b) The department may electronically submit the 
320  information listed in paragraph (a) to the sheriff of the county 
321  in which the inmate plans to reside, and, if the inmate plans to 
322  reside within a municipality, to the chief of police of that 
323  municipality. 
324         Section 10. Section 944.804, Florida Statutes, is amended 
325  to read: 
326         944.804 Elderly offenders correctional facilities program 
327  of 2000.— 
328         (1) The Legislature finds that the number and percentage of 
329  elderly offenders in the Florida prison system is increasing and 
330  will continue to increase for the foreseeable future. The 
331  current cost to incarcerate elderly offenders is approximately 
332  three times the cost of incarceration of younger inmates. 
333  Alternatives to the current approaches to housing, programming, 
334  and treating the medical needs of elderly offenders, which may 
335  reduce the overall costs associated with this segment of the 
336  prison population, must be explored and implemented. 
337         (2) The department shall establish and operate a geriatric 
338  facilities or geriatric dorms within a facility at the site 
339  known as River Junction Correctional Institution, which shall be 
340  an institution specifically for generally healthy elderly 
341  offenders who can perform general work appropriate for their 
342  physical and mental condition. Prior to reopening the facility, 
343  the department shall make modifications to the facility which 
344  will ensure its compliance with the Americans with Disabilities 
345  Act and decrease the likelihood of falls, accidental injury, and 
346  other conditions known to be particularly hazardous to the 
347  elderly. 
348         (a) In order to decrease long-term medical costs to the 
349  state, a preventive fitness/wellness program and diet 
350  specifically designed to maintain the mental and physical health 
351  of elderly offenders shall be developed and implemented. In 
352  developing the program, the department shall give consideration 
353  to preventive medical care for the elderly which shall include, 
354  but not be limited to, maintenance of bone density, all aspects 
355  of cardiovascular health, lung capacity, mental alertness, and 
356  orientation. Existing policies and procedures shall be 
357  reexamined and altered to encourage offenders to adopt a more 
358  healthy lifestyle and maximize their level of functioning. The 
359  program components shall be modified as data and experience are 
360  received which measure the relative success of the program 
361  components previously implemented. 
362         (b) Consideration must be given to redirecting resources as 
363  a method of offsetting increased medical costs. Elderly 
364  offenders are not likely to reenter society as a part of the 
365  workforce, and programming resources would be better spent in 
366  activities to keep the elderly offenders healthy, alert, and 
367  oriented. Limited or restricted programming or activities for 
368  elderly offenders will increase the daily cost of institutional 
369  and health care, and programming opportunities adequate to 
370  reduce the cost of care will be provided. Programming shall 
371  include, but not be limited to, recreation, education, and 
372  counseling which is needs-specific to elderly offenders. 
373  Institutional staff shall be specifically trained to effectively 
374  supervise elderly offenders and to detect physical or mental 
375  changes which warrant medical attention before more serious 
376  problems develop. 
377         (3) The department shall adopt rules that specify which 
378  elderly offenders shall be eligible to be housed at the 
379  geriatric correctional facilities or dorms River Junction 
380  Correctional Institution. 
381         (4) While developing the criteria for eligibility, the 
382  department shall use the information in existing offender 
383  databases to determine the number of offenders who would be 
384  eligible. The Legislature directs the department to consider a 
385  broad range of elderly offenders for the department’s geriatric 
386  facilities or dorms River Junction Correctional Institution who 
387  have good disciplinary records and a medical grade that will 
388  permit them to perform meaningful work activities, including 
389  participation in an appropriate correctional work program 
390  (PRIDE) facility, if available. 
391         (5) The department shall also submit a study based on 
392  existing offenders which projects the number of existing 
393  offenders who will qualify under the rules. An appendix to the 
394  study shall identify the specific offenders who qualify. 
395         Section 11. Section 944.8041, Florida Statutes, is amended 
396  to read: 
397         944.8041 Elderly offenders; annual review.—For the purpose 
398  of providing information to the Legislature on elderly offenders 
399  within the correctional system, the department and the 
400  Correctional Medical Authority shall each submit annually a 
401  report on the status and treatment of elderly offenders in the 
402  state-administered and private state correctional systems and, 
403  as well as such information on the department’s geriatric 
404  facilities and dorms River Junction Correctional Institution. In 
405  order to adequately prepare the reports, the department and the 
406  Department of Management Services shall grant access to the 
407  Correctional Medical Authority which includes access to the 
408  facilities, offenders, and any information the agencies require 
409  to complete their reports. The review shall also include an 
410  examination of promising geriatric policies, practices, and 
411  programs currently implemented in other correctional systems 
412  within the United States. The reports, with specific findings 
413  and recommendations for implementation, shall be submitted to 
414  the President of the Senate and the Speaker of the House of 
415  Representatives on or before December 31 of each year. 
416         Section 12. Subsections (4) and (5) of section 945.41, 
417  Florida Statutes, are amended to read: 
418         945.41 Legislative intent of ss. 945.40-945.49.—It is the 
419  intent of the Legislature that mentally ill inmates in the 
420  custody of the Department of Corrections receive evaluation and 
421  appropriate treatment for their mental illness through a 
422  continuum of services. It is further the intent of the 
423  Legislature that: 
424         (4) Any inmate sentenced as a youthful offender, or 
425  designated as a youthful offender by the department under 
426  pursuant to chapter 958, who is transferred pursuant to this act 
427  to a mental health treatment facility be separated from other 
428  inmates, if necessary, as determined by the warden of the 
429  treatment facility. In no case shall any youthful offender be 
430  placed at the Florida State Prison or the Union Correctional 
431  Institution for mental health treatment. 
432         (5) The department may designate a mental health treatment 
433  facilities facility for adult, youthful, and female offenders or 
434  may contract with other appropriate entities, persons, or 
435  agencies for such services. 
436         Section 13. Subsections (5) and (6) of section 945.42, 
437  Florida Statutes, are amended to read: 
438         945.42 Definitions; ss. 945.40-945.49.—As used in ss. 
439  945.40-945.49, the following terms shall have the meanings 
440  ascribed to them, unless the context shall clearly indicate 
441  otherwise: 
442         (5) “In immediate need of care and treatment” means that an 
443  inmate is apparently mentally ill and is not able to be 
444  appropriately cared for in the institution where he or she is 
445  confined and that, but for being isolated in a more restrictive 
446  and secure housing environment, because of the apparent mental 
447  illness: 
448         (a)1. The inmate is demonstrating a refusal to care for 
449  himself or herself and without immediate treatment intervention 
450  is likely to continue to refuse to care for himself or herself, 
451  and such refusal poses an immediate, real, and present threat of 
452  substantial harm to his or her well-being; or 
453         2. There is an immediate, real, and present threat that the 
454  inmate will inflict serious bodily harm on himself or herself or 
455  another person, as evidenced by recent behavior involving 
456  causing, attempting, or threatening such harm; 
457         (b)1. The inmate has refused voluntary placement for 
458  treatment at a mental health treatment facility after sufficient 
459  and conscientious explanation and disclosure of the purpose of 
460  placement; or 
461         2. The inmate is unable to determine for himself or herself 
462  whether placement is necessary; and 
463         (c) All available less restrictive treatment alternatives 
464  that would offer an opportunity for improvement of the inmate’s 
465  condition have been clinically determined to be inappropriate. 
466         (6) “In need of care and treatment” means that an inmate 
467  has a mental illness for which inpatient services in a mental 
468  health treatment facility are necessary and that, but for being 
469  isolated in a more restrictive and secure housing environment, 
470  because of the mental illness: 
471         (a)1. The inmate is demonstrating a refusal to care for 
472  himself or herself and without treatment is likely to continue 
473  to refuse to care for himself or herself, and such refusal poses 
474  a real and present threat of substantial harm to his or her 
475  well-being; or 
476         2. There is a substantial likelihood that in the near 
477  future the inmate will inflict serious bodily harm on himself or 
478  herself or another person, as evidenced by recent behavior 
479  causing, attempting, or threatening such harm; 
480         (b)1. The inmate has refused voluntary placement for 
481  treatment at a mental health treatment facility after sufficient 
482  and conscientious explanation and disclosure of the purpose of 
483  placement; or 
484         2. The inmate is unable to determine for himself or herself 
485  whether placement is necessary; and 
486         (c) All available less restrictive treatment alternatives 
487  that would offer an opportunity for improvement of the inmate’s 
488  condition have been clinically determined to be inappropriate. 
489         Section 14. Section 945.43, Florida Statutes, is amended to 
490  read: 
491         945.43 Placement Admission of inmate in a to mental health 
492  treatment facility.— 
493         (1) CRITERIA.—An inmate may be placed in admitted to a 
494  mental health treatment facility if he or she is mentally ill 
495  and is in need of care and treatment, as defined in s. 945.42. 
496         (2) PROCEDURE FOR PLACEMENT IN A MENTAL HEALTH TREATMENT 
497  FACILITY.— 
498         (a) An inmate may be placed in admitted to a mental health 
499  treatment facility after notice and hearing, upon the 
500  recommendation of the warden of the facility where the inmate is 
501  confined. The recommendation shall be entered on a petition and 
502  must be supported by the expert opinion of a psychiatrist and 
503  the second opinion of a psychiatrist or psychological 
504  professional. The petition shall be filed with the court in the 
505  county where the inmate is located. 
506         (b) A copy of the petition shall be served on the inmate, 
507  accompanied by a written notice that the inmate may apply 
508  immediately to the court to have an attorney appointed if the 
509  inmate cannot afford one. 
510         (c) The petition for placement shall may be filed in the 
511  county in which the inmate is located. The hearing shall be held 
512  in the same county, and one of the inmate’s physicians at the 
513  facility where the inmate is located shall appear as a witness 
514  at the hearing. 
515         (d) An attorney representing the inmate shall have access 
516  to the inmate and any records, including medical or mental 
517  health records, which are relevant to the representation of the 
518  inmate. 
519         (e) If the court finds that the inmate is mentally ill and 
520  in need of care and treatment, as defined in s. 945.42, the 
521  court shall order that he or she be placed in a mental health 
522  treatment facility or, if the inmate is at a mental health 
523  treatment facility, that he or she be retained there. The court 
524  shall authorize the mental health treatment facility to retain 
525  the inmate for up to 6 months. If, at the end of that time, 
526  continued placement is necessary, the warden shall apply to the 
527  Division of Administrative Hearings in accordance with s. 945.45 
528  for an order authorizing continued placement. 
529         (3) PROCEDURE FOR HEARING ON PLACEMENT OF AN INMATE IN A 
530  MENTAL HEALTH TREATMENT FACILITY.— 
531         (a) The court shall serve notice on the warden of the 
532  facility where the inmate is confined and the allegedly mentally 
533  ill inmate. The notice must specify the date, time, and place of 
534  the hearing; the basis for the allegation of mental illness; and 
535  the names of the examining experts. The hearing shall be held 
536  within 5 days, and the court may appoint a general or special 
537  magistrate to preside. The court may waive the presence of the 
538  inmate at the hearing if the such waiver is consistent with the 
539  best interests of the inmate and the inmate’s counsel does not 
540  object. The department may transport the inmate to the location 
541  of the hearing if the hearing is not conducted at the facility 
542  or by electronic means. The hearing may be as informal as is 
543  consistent with orderly procedure. One of the experts whose 
544  opinion supported the petition for placement shall be present at 
545  the hearing for information purposes. 
546         (b) If, at the hearing, the court finds that the inmate is 
547  mentally ill and in need of care and treatment, as defined in s. 
548  945.42, the court shall order that he or she be placed in a 
549  mental health treatment facility. The court shall provide a copy 
550  of its order authorizing placement and all supporting 
551  documentation relating to the inmate’s condition to the warden 
552  of the treatment facility. If the court finds that the inmate is 
553  not mentally ill, it shall dismiss the petition for placement. 
554         (4) REFUSAL OF PLACEMENT.—The warden of an institution in 
555  which a mental health treatment facility is located may refuse 
556  to place any inmate in that treatment facility who is not 
557  accompanied by adequate court orders and documentation, as 
558  required in ss. 945.40-945.49. 
559         Section 15. Section 945.46, Florida Statutes, is amended to 
560  read: 
561         945.46 Initiation of involuntary placement proceedings with 
562  respect to a mentally ill inmate scheduled for release.— 
563         (1) If an inmate who is receiving mental health treatment 
564  in the department is scheduled for release through expiration of 
565  sentence or any other means, but continues to be mentally ill 
566  and in need of care and treatment, as defined in s. 945.42, the 
567  warden is authorized to initiate procedures for involuntary 
568  placement pursuant to s. 394.467, 60 days prior to such release. 
569         (2) In addition, the warden may initiate procedures for 
570  involuntary examination pursuant to s. 394.463 for any inmate 
571  who has a mental illness and meets the criteria of s. 
572  394.463(1). 
573         (3) The department may transport an individual who is being 
574  released from its custody to a receiving or treatment facility 
575  for involuntary examination or placement. Such transport shall 
576  be made to a facility that is specified by the Department of 
577  Children and Family Services as able to meet the specific needs 
578  of the individual. If the Department of Children and Family 
579  Services does not specify a facility, transport may be made to 
580  the nearest receiving facility. 
581         Section 16. Section 946.42, Florida Statutes, is created to 
582  read: 
583         946.42 Use of inmates on private property.— 
584         (1) The department may allow inmates who meet the criteria 
585  provided in s. 946.40 to enter onto private property to perform 
586  public works or for the following purposes: 
587         (a) To accept and collect donations for the use and benefit 
588  of the department. 
589         (b) To assist federal, state, local, and private agencies 
590  before, during, and after emergencies or disasters. 
591         (2) As used in this section, the term: 
592         (a) “Disaster” means any natural, technological, or civil 
593  emergency that causes damage of sufficient severity and 
594  magnitude to result in a declaration of a state of emergency by 
595  a county, the Governor, or the President of the United States. 
596         (b) “Donations” means gifts of tangible personal property 
597  and includes equipment, fixtures, construction materials, food 
598  items, and other tangible personal property of a consumable and 
599  nonconsumable nature. 
600         (c) “Emergency” means any occurrence or threat of an 
601  occurrence, whether natural, technological, or manmade, in war 
602  or in peace, which results or may result in substantial injury 
603  or harm to the population or substantial damage to or loss of 
604  property. 
605         Section 17. Subsection (3) of section 948.001, Florida 
606  Statutes, is repealed. 
607         Section 18. Subsection (1) of section 948.03, Florida 
608  Statutes, is amended to read: 
609         948.03 Terms and conditions of probation.— 
610         (1) The court shall determine the terms and conditions of 
611  probation. Conditions specified in this section do not require 
612  oral pronouncement at the time of sentencing and may be 
613  considered standard conditions of probation. These conditions 
614  may include among them the following, that the probationer or 
615  offender in community control shall: 
616         (a) Report to the probation and parole supervisors as 
617  directed. 
618         (b) Permit such supervisors to visit him or her at his or 
619  her home or elsewhere. 
620         (c) Work faithfully at suitable employment insofar as may 
621  be possible. 
622         (d) Remain within a specified place. 
623         (e) Live without violating any law. A conviction in a court 
624  of law is not necessary for such a violation of law to 
625  constitute a violation of probation, community control, or any 
626  other form of court-ordered supervision. 
627         (f)(e) Make reparation or restitution to the aggrieved 
628  party for the damage or loss caused by his or her offense in an 
629  amount to be determined by the court. The court shall make such 
630  reparation or restitution a condition of probation, unless it 
631  determines that clear and compelling reasons exist to the 
632  contrary. If the court does not order restitution, or orders 
633  restitution of only a portion of the damages, as provided in s. 
634  775.089, it shall state on the record in detail the reasons 
635  therefor. 
636         (g)(f) Effective July 1, 1994, and applicable for offenses 
637  committed on or after that date, make payment of the debt due 
638  and owing to a county or municipal detention facility under s. 
639  951.032 for medical care, treatment, hospitalization, or 
640  transportation received by the felony probationer while in that 
641  detention facility. The court, in determining whether to order 
642  such repayment and the amount of the such repayment, shall 
643  consider the amount of the debt, whether there was any fault of 
644  the institution for the medical expenses incurred, the financial 
645  resources of the felony probationer, the present and potential 
646  future financial needs and earning ability of the probationer, 
647  and dependents, and other appropriate factors. 
648         (h)(g) Support his or her legal dependents to the best of 
649  his or her ability. 
650         (i)(h) Make payment of the debt due and owing to the state 
651  under s. 960.17, subject to modification based on change of 
652  circumstances. 
653         (j)(i) Pay any application fee assessed under s. 
654  27.52(1)(b) and attorney’s fees and costs assessed under s. 
655  938.29, subject to modification based on change of 
656  circumstances. 
657         (k)(j) Not associate with persons engaged in criminal 
658  activities. 
659         (l)(k)1. Submit to random testing as directed by the 
660  correctional probation officer or the professional staff of the 
661  treatment center where he or she is receiving treatment to 
662  determine the presence or use of alcohol or controlled 
663  substances. 
664         2. If the offense was a controlled substance violation and 
665  the period of probation immediately follows a period of 
666  incarceration in the state correction system, the conditions 
667  shall include a requirement that the offender submit to random 
668  substance abuse testing intermittently throughout the term of 
669  supervision, upon the direction of the correctional probation 
670  officer as defined in s. 943.10(3). 
671         (m)(l) Be prohibited from possessing, carrying, or owning 
672  any weapon without first procuring the consent of the 
673  correctional firearm unless authorized by the court and 
674  consented to by the probation officer. 
675         (n)(m) Be prohibited from using intoxicants to excess or 
676  possessing any drugs or narcotics unless prescribed by a 
677  physician. The probationer or community controllee shall not 
678  knowingly visit places where intoxicants, drugs, or other 
679  dangerous substances are unlawfully sold, dispensed, or used. 
680         (o)(n) Submit to the drawing of blood or other biological 
681  specimens as prescribed in ss. 943.325 and 948.014, and 
682  reimburse the appropriate agency for the costs of drawing and 
683  transmitting the blood or other biological specimens to the 
684  Department of Law Enforcement. 
685         (p) Submit to the taking of a digitized photograph by the 
686  department as a part of the offender’s records. This photograph 
687  may be displayed on the department’s public website while the 
688  offender is under court-ordered supervision. However, this 
689  paragraph does not apply to an offender who is on pretrial 
690  intervention supervision or an offender whose identity is exempt 
691  from disclosure due to an exemption from the requirements of s. 
692  119.07. 
693         Section 19. Subsection (7) of section 948.09, Florida 
694  Statutes, is amended to read: 
695         948.09 Payment for cost of supervision and rehabilitation.— 
696         (7) The department shall establish a payment plan for all 
697  costs ordered by the courts for collection by the department and 
698  a priority order for payments, except that victim restitution 
699  payments authorized under s. 948.03(1)(f) s. 948.03(1)(e) take 
700  precedence over all other court-ordered payments. The department 
701  is not required to disburse cumulative amounts of less than $10 
702  to individual payees established on this payment plan. 
703         Section 20. Section 948.101, Florida Statutes, is amended 
704  to read: 
705         948.101 Terms and conditions of community control and 
706  criminal quarantine community control.— 
707         (1) The court shall determine the terms and conditions of 
708  community control. Conditions specified in this subsection do 
709  not require oral pronouncement at the time of sentencing and may 
710  be considered standard conditions of community control. 
711         (a) The court shall require intensive supervision and 
712  surveillance for an offender placed into community control, 
713  which may include, but is not limited to: 
714         (a)1. Specified contact with the parole and probation 
715  officer. 
716         (b)2. Confinement to an agreed-upon residence during hours 
717  away from employment and public service activities. 
718         (c)3. Mandatory public service. 
719         (d)4. Supervision by the Department of Corrections by means 
720  of an electronic monitoring device or system. 
721         (e)5. The standard conditions of probation set forth in s. 
722  948.03. 
723         (b) For an offender placed on criminal quarantine community 
724  control, the court shall require: 
725         1. Electronic monitoring 24 hours per day. 
726         2. Confinement to a designated residence during designated 
727  hours. 
728         (2) The enumeration of specific kinds of terms and 
729  conditions does not prevent the court from adding thereto any 
730  other terms or conditions that the court considers proper. 
731  However, the sentencing court may only impose a condition of 
732  supervision allowing an offender convicted of s. 794.011, s. 
733  800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 to reside in 
734  another state if the order stipulates that it is contingent upon 
735  the approval of the receiving state interstate compact 
736  authority. The court may rescind or modify at any time the terms 
737  and conditions theretofore imposed by it upon the offender in 
738  community control. However, if the court withholds adjudication 
739  of guilt or imposes a period of incarceration as a condition of 
740  community control, the period may not exceed 364 days, and 
741  incarceration shall be restricted to a county facility, a 
742  probation and restitution center under the jurisdiction of the 
743  Department of Corrections, a probation program drug punishment 
744  phase I secure residential treatment institution, or a community 
745  residential facility owned or operated by any entity providing 
746  such services. 
747         (3) The court may place a defendant who is being sentenced 
748  for criminal transmission of HIV in violation of s. 775.0877 on 
749  criminal quarantine community control. The Department of 
750  Corrections shall develop and administer a criminal quarantine 
751  community control program emphasizing intensive supervision with 
752  24-hour-per-day electronic monitoring. Criminal quarantine 
753  community control status must include surveillance and may 
754  include other measures normally associated with community 
755  control, except that specific conditions necessary to monitor 
756  this population may be ordered. 
757         Section 21. Subsection (1) of section 948.11, Florida 
758  Statutes, is amended to read: 
759         948.11 Electronic monitoring devices.— 
760         (1)(a) The Department of Corrections may, at its 
761  discretion, electronically monitor an offender sentenced to 
762  community control. 
763         (b) The Department of Corrections shall electronically 
764  monitor an offender sentenced to criminal quarantine community 
765  control 24 hours per day. 
766         Section 22. Present subsection (4) of section 951.26, 
767  Florida Statutes, is renumbered as subsection (5), and a new 
768  subsection (4) is added to that section, to read: 
769         951.26 Public safety coordinating councils.— 
770         (4) The council may also develop a comprehensive local 
771  reentry plan that is designed to assist offenders released from 
772  incarceration to successfully reenter the community. The plan 
773  should cover at least a 5-year period. In developing the plan, 
774  the council shall coordinate with public safety officials and 
775  local community organizations who can provide offenders with 
776  reentry services, such as assistance with housing, health care, 
777  education, substance abuse treatment, and employment. 
778         Section 23. This act shall take effect July 1, 2010.