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 CS for SB 960 
 
By the Committees on Children, Families, and Elder Affairs; and 
Criminal Justice; and Senator Dockery 
586-02740-10                                           2010960c2 
1                        A bill to be entitled 
2         An act relating to corrections; amending s. 384.34, 
3         F.S.; revising criminal penalties pertaining to 
4         sexually transmissible diseases; amending s. 775.0877, 
5         F.S.; removing a provision authorizing a court to 
6         require an offender convicted of criminal transmission 
7         of HIV to serve a term of criminal quarantine 
8         community control; amending s. 796.08, F.S., relating 
9         to criminal transmission of HIV; conforming a cross 
10         reference; creating s. 800.09, F.S.; defining terms; 
11         providing that a person who is detained in a state or 
12         private correctional facility may not commit any lewd 
13         or lascivious behavior or other sexual act in the 
14         presence of an employee whom the detainee knows or 
15         reasonably should know is an employee; providing that 
16         a violation is a felony of the third degree; providing 
17         criminal penalties; amending s. 907.043, F.S.; 
18         updating monthly instead of weekly the register 
19         prepared by a pretrial release program that is readily 
20         available to the public at the office of the clerk of 
21         the circuit court; amending s. 921.187, F.S.; removing 
22         a reference to criminal quarantine community control 
23         to conform to changes made by the act; amending s. 
24         940.061, F.S.; requiring that the Department of 
25         Corrections send to the Parole Commission a monthly 
26         electronic list containing the names of inmates 
27         released from incarceration and offenders terminated 
28         from supervision and who may be eligible for 
29         restoration of civil rights; repealing s. 944.293, 
30         F.S., relating to the restoration of an inmate’s civil 
31         rights; amending s. 944.35, F.S.; prohibiting an 
32         employee of a private correctional facility from 
33         committing certain specified criminal acts; amending 
34         s. 944.605, F.S.; authorizing the Department of 
35         Corrections to electronically submit certain 
36         information to the sheriff of the county in which the 
37         inmate plans to reside and to the chief of police of 
38         the municipality where the inmate plans to reside; 
39         amending ss. 944.804 and 944.8041, F.S.; authorizing 
40         the department to establish and operate certain 
41         geriatric facilities at prison institutions; removing 
42         provisions authorizing the operation of a specified 
43         facility; amending s. 945.41, F.S.; deleting a 
44         prohibition against the placement of youthful 
45         offenders at certain institutions for mental health 
46         treatment; amending s. 945.42, F.S.; deleting 
47         references to an inmate’s refusal of voluntary 
48         placement for purposes of determining the inmate’s 
49         need for care and treatment; amending s. 945.43, F.S.; 
50         clarifying that an inmate is placed in a mental health 
51         treatment facility rather than admitted to the 
52         facility; authorizing the department to transport the 
53         inmate to the location of the hearing on such a 
54         placement; amending s. 945.46, F.S.; providing 
55         procedures for the transport of inmates who are 
56         mentally ill and who are scheduled to be released from 
57         confinement; creating s. 946.42, F.S.; authorizing the 
58         department to use inmate labor on private property 
59         under certain specified circumstances; defining terms; 
60         repealing s. 948.001(3), F.S., relating to the 
61         definition of the term “criminal quarantine community 
62         control,” to conform to changes made by the act; 
63         amending s. 948.03, F.S.; providing additional 
64         conditions of probation to be applied to a defendant; 
65         deleting a requirement that a probationer obtain court 
66         authorization in order to possess a weapon; requiring 
67         that a digitized photograph of an offender be part of 
68         the offender’s record; authorizing the department to 
69         display such photographs on its website for a 
70         specified period; providing certain exceptions; 
71         amending s. 948.09, F.S.; conforming a cross 
72         reference; amending ss. 948.101 and 948.11, F.S.; 
73         revising terms and conditions of community control and 
74         deleting provisions related to criminal quarantine 
75         community control; amending s. 951.26, F.S.; 
76         authorizing each local public safety coordinating 
77         council to develop a comprehensive local reentry plan 
78         for offenders reentering the community; providing an 
79         effective date. 
80 
81  Be It Enacted by the Legislature of the State of Florida: 
82 
83         Section 1. Subsection (5) of section 384.34, Florida 
84  Statutes, is amended to read: 
85         384.34 Penalties.— 
86         (5) Any person who violates the provisions of s. 384.24(2) 
87  commits a felony of the third degree, punishable as provided in 
88  s. 775.082, s. 775.083, or s. 775.084 ss. 775.082, 775.083, 
89  775.084, and 775.0877(7). Any person who commits multiple 
90  violations of the provisions of s. 384.24(2) commits a felony of 
91  the first degree, punishable as provided in s. 775.082, s. 
92  775.083, or s. 775.084 ss. 775.082, 775.083, 775.084, and 
93  775.0877(7). 
94         Section 2. Section 775.0877, Florida Statutes, is amended 
95  to read: 
96         775.0877 Criminal transmission of HIV; procedures; 
97  penalties.— 
98         (1) In any case in which a person has been convicted of or 
99  has pled nolo contendere or guilty to, regardless of whether 
100  adjudication is withheld, any of the following offenses, or the 
101  attempt thereof, which offense or attempted offense involves the 
102  transmission of body fluids from one person to another: 
103         (a) Section 794.011, relating to sexual battery, 
104         (b) Section 826.04, relating to incest, 
105         (c) Section 800.04(1), (2), and (3), relating to lewd, 
106  lascivious, or indecent assault or act upon any person less than 
107  16 years of age, 
108         (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d), 
109  relating to assault, 
110         (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b), 
111  relating to aggravated assault, 
112         (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c), 
113  relating to battery, 
114         (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a), 
115  relating to aggravated battery, 
116         (h) Section 827.03(1), relating to child abuse, 
117         (i) Section 827.03(2), relating to aggravated child abuse, 
118         (j) Section 825.102(1), relating to abuse of an elderly 
119  person or disabled adult, 
120         (k) Section 825.102(2), relating to aggravated abuse of an 
121  elderly person or disabled adult, 
122         (l) Section 827.071, relating to sexual performance by 
123  person less than 18 years of age, 
124         (m) Sections 796.03, 796.07, and 796.08, relating to 
125  prostitution, or 
126         (n) Section 381.0041(11)(b), relating to donation of blood, 
127  plasma, organs, skin, or other human tissue, 
128 
129  the court shall order the offender to undergo HIV testing, to be 
130  performed under the direction of the Department of Health in 
131  accordance with s. 381.004, unless the offender has undergone 
132  HIV testing voluntarily or pursuant to procedures established in 
133  s. 381.004(3)(h)6. or s. 951.27, or any other applicable law or 
134  rule providing for HIV testing of criminal offenders or inmates, 
135  subsequent to her or his arrest for an offense enumerated in 
136  paragraphs (a)-(n) for which she or he was convicted or to which 
137  she or he pled nolo contendere or guilty. The results of an HIV 
138  test performed on an offender pursuant to this subsection are 
139  not admissible in any criminal proceeding arising out of the 
140  alleged offense. 
141         (2) The results of the HIV test must be disclosed under the 
142  direction of the Department of Health, to the offender who has 
143  been convicted of or pled nolo contendere or guilty to an 
144  offense specified in subsection (1), the public health agency of 
145  the county in which the conviction occurred and, if different, 
146  the county of residence of the offender, and, upon request 
147  pursuant to s. 960.003, to the victim or the victim’s legal 
148  guardian, or the parent or legal guardian of the victim if the 
149  victim is a minor. 
150         (3) An offender who has undergone HIV testing pursuant to 
151  subsection (1), and to whom positive test results have been 
152  disclosed pursuant to subsection (2), who commits a second or 
153  subsequent offense enumerated in paragraphs (1)(a)-(n), commits 
154  criminal transmission of HIV, a felony of the third degree, 
155  punishable as provided in s. 775.082, s. 775.083, or s. 775.084 
156  subsection (7). A person may be convicted and sentenced 
157  separately for a violation of this subsection and for the 
158  underlying crime enumerated in paragraphs (1)(a)-(n). 
159         (4) An offender may challenge the positive results of an 
160  HIV test performed pursuant to this section and may introduce 
161  results of a backup test performed at her or his own expense. 
162         (5) Nothing in this section requires that an HIV infection 
163  have occurred in order for an offender to have committed 
164  criminal transmission of HIV. 
165         (6) For an alleged violation of any offense enumerated in 
166  paragraphs (1)(a)-(n) for which the consent of the victim may be 
167  raised as a defense in a criminal prosecution, it is an 
168  affirmative defense to a charge of violating this section that 
169  the person exposed knew that the offender was infected with HIV, 
170  knew that the action being taken could result in transmission of 
171  the HIV infection, and consented to the action voluntarily with 
172  that knowledge. 
173         (7) In addition to any other penalty provided by law for an 
174  offense enumerated in paragraphs (1)(a)-(n), the court may 
175  require an offender convicted of criminal transmission of HIV to 
176  serve a term of criminal quarantine community control, as 
177  described in s. 948.001. 
178         Section 3. Subsection (5) of section 796.08, Florida 
179  Statutes, is amended to read: 
180         796.08 Screening for HIV and sexually transmissible 
181  diseases; providing penalties.— 
182         (5) A person who: 
183         (a) Commits or offers to commit prostitution; or 
184         (b) Procures another for prostitution by engaging in sexual 
185  activity in a manner likely to transmit the human 
186  immunodeficiency virus, 
187 
188  and who, prior to the commission of such crime, had tested 
189  positive for human immunodeficiency virus and knew or had been 
190  informed that he or she had tested positive for human 
191  immunodeficiency virus and could possibly communicate such 
192  disease to another person through sexual activity commits 
193  criminal transmission of HIV, a felony of the third degree, 
194  punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 
195  or s. 775.0877(7). A person may be convicted and sentenced 
196  separately for a violation of this subsection and for the 
197  underlying crime of prostitution or procurement of prostitution. 
198         Section 4. Section 800.09, Florida Statutes, is created to 
199  read: 
200         800.09 Lewd or lascivious exhibition in the presence of an 
201  employee.— 
202         (1)� As used in this section, the term: 
203         (a) “Facility” means a state correctional institution, as 
204  defined in s. 944.02, or a private correctional facility, as 
205  defined in s. 944.710. 
206         (b) “Employee” means any person employed by or performing 
207  contractual services for a public or private entity operating a 
208  facility or any person employed by or performing contractual 
209  services for the corporation operating the prison industry 
210  enhancement programs or the correctional work programs under 
211  part II of chapter 946. The term also includes any person who is 
212  a parole examiner with the Parole Commission. 
213         (2)(a) A person who is detained in a facility may not: 
214         1. Intentionally masturbate; 
215         2. Intentionally expose the genitals in a lewd or 
216  lascivious manner; or 
217         3. Intentionally commit any other sexual act that does not 
218  involve actual physical or sexual contact with the victim, 
219  including, but not limited to, sadomasochistic abuse, sexual 
220  bestiality, or the simulation of any act involving sexual 
221  activity, 
222 
223  in the presence of a person he or she knows or reasonably should 
224  know is an employee. 
225         (b)� A person who violates paragraph (a) commits lewd or 
226  lascivious exhibition in the presence of an employee, a felony 
227  of the third degree, punishable as provided in s. 775.082, s. 
228  775.083, or s. 775.084. 
229         Section 5. Paragraph (b) of subsection (3) of section 
230  907.043, Florida Statutes, is amended to read: 
231         907.043 Pretrial release; citizens’ right to know.— 
232         (3) 
233         (b) The register must be updated monthly weekly and display 
234  accurate data regarding the following information: 
235         1. The name, location, and funding source of the pretrial 
236  release program. 
237         2. The number of defendants assessed and interviewed for 
238  pretrial release. 
239         3. The number of indigent defendants assessed and 
240  interviewed for pretrial release. 
241         4. The names and number of defendants accepted into the 
242  pretrial release program. 
243         5. The names and number of indigent defendants accepted 
244  into the pretrial release program. 
245         6. The charges filed against and the case numbers of 
246  defendants accepted into the pretrial release program. 
247         7. The nature of any prior criminal conviction of a 
248  defendant accepted into the pretrial release program. 
249         8. The court appearances required of defendants accepted 
250  into the pretrial release program. 
251         9. The date of each defendant’s failure to appear for a 
252  scheduled court appearance. 
253         10. The number of warrants, if any, which have been issued 
254  for a defendant’s arrest for failing to appear at a scheduled 
255  court appearance. 
256         11. The number and type of program noncompliance 
257  infractions committed by a defendant in the pretrial release 
258  program and whether the pretrial release program recommended 
259  that the court revoke the defendant’s release. 
260         Section 6. Subsections (2) and (3) of section 921.187, 
261  Florida Statutes, are amended to read: 
262         921.187 Disposition and sentencing; alternatives; 
263  restitution.— 
264         (2) In addition to any other penalty provided by law for an 
265  offense enumerated in s. 775.0877(1)(a)-(n), if the offender is 
266  convicted of criminal transmission of HIV pursuant to s. 
267  775.0877, the court may sentence the offender to criminal 
268  quarantine community control as described in s. 948.001. 
269         (2)(3) The court shall require an offender to make 
270  restitution under s. 775.089, unless the court finds clear and 
271  compelling reasons not to order such restitution. If the court 
272  does not order restitution, or orders restitution of only a 
273  portion of the damages, as provided in s. 775.089, the court 
274  shall state the reasons on the record in detail. An order 
275  requiring an offender to make restitution to a victim under s. 
276  775.089 does not remove or diminish the requirement that the 
277  court order payment to the Crimes Compensation Trust Fund under 
278  chapter 960. 
279         Section 7. Section 940.061, Florida Statutes, is amended to 
280  read: 
281         940.061 Informing persons about executive clemency and 
282  restoration of civil rights.—The Department of Corrections shall 
283  inform and educate inmates and offenders on community 
284  supervision about the restoration of civil rights. Each month 
285  the Department of Corrections shall send to the Parole 
286  Commission an electronic list containing the names of inmates 
287  who have been released from incarceration, and offenders who 
288  have been terminated from supervision, and who may be eligible 
289  and assist eligible inmates and offenders on community 
290  supervision with the completion of the application for the 
291  restoration of civil rights. 
292         Section 8. Section 944.293, Florida Statutes, is repealed. 
293         Section 9. Paragraph (b) of subsection (3) of section 
294  944.35, Florida Statutes, is amended to read: 
295         944.35 Authorized use of force; malicious battery and 
296  sexual misconduct prohibited; reporting required; penalties.— 
297         (3) 
298         (b)1. As used in this paragraph, the term “sexual 
299  misconduct” means the oral, anal, or vaginal penetration by, or 
300  union with, the sexual organ of another or the anal or vaginal 
301  penetration of another by any other object, but does not include 
302  an act done for a bona fide medical purpose or an internal 
303  search conducted in the lawful performance of the employee’s 
304  duty. 
305         2. Any employee of the department or a private correctional 
306  facility, as defined in s. 944.710, who engages in sexual 
307  misconduct with an inmate or an offender supervised by the 
308  department in the community, without committing the crime of 
309  sexual battery, commits a felony of the third degree, punishable 
310  as provided in s. 775.082, s. 775.083, or s. 775.084. 
311         3. The consent of the inmate or offender supervised by the 
312  department in the community to any act of sexual misconduct may 
313  not be raised as a defense to a prosecution under this 
314  paragraph. 
315         4. This paragraph does not apply to any employee of the 
316  department or any employee of a private correctional facility 
317  who is legally married to an inmate or an offender supervised by 
318  the department in the community, nor does it apply to any 
319  employee who has no knowledge, and would have no reason to 
320  believe, that the person with whom the employee has engaged in 
321  sexual misconduct is an inmate or an offender under community 
322  supervision of the department. 
323         Section 10. Subsection (3) of section 944.605, Florida 
324  Statutes, is amended to read: 
325         944.605 Inmate release; notification.— 
326         (3)(a) If an inmate is to be released after having served 
327  one or more sentences for a conviction of robbery, sexual 
328  battery, home-invasion robbery, or carjacking, or an inmate to 
329  be released has a prior conviction for robbery, sexual battery, 
330  home-invasion robbery, or carjacking or similar offense, in this 
331  state or in another jurisdiction, and if such prior conviction 
332  information is contained in department records, the department 
333  shall release to the sheriff of the county in which the inmate 
334  plans to reside, and, if the inmate plans to reside within a 
335  municipality, to the chief of police of that municipality, the 
336  following information, which must include, but need not be 
337  limited to: 
338         1.(a) Name; 
339         2.(b) Social security number; 
340         3.(c) Date of birth; 
341         4.(d) Race; 
342         5.(e) Sex; 
343         6.(f) Height; 
344         7.(g) Weight; 
345         8.(h) Hair and eye color; 
346         9.(i) Tattoos or other identifying marks; 
347         10.(j) Fingerprints; and 
348         11.(k) A digitized photograph as provided in subsection 
349  (2). 
350 
351  The department shall release the information specified in this 
352  paragraph subsection within 6 months prior to the discharge of 
353  the inmate from the custody of the department. 
354         (b) The department may electronically submit the 
355  information listed in paragraph (a) to the sheriff of the county 
356  in which the inmate plans to reside, and, if the inmate plans to 
357  reside within a municipality, to the chief of police of that 
358  municipality. 
359         Section 11. Section 944.804, Florida Statutes, is amended 
360  to read: 
361         944.804 Elderly offenders correctional facilities program 
362  of 2000.— 
363         (1) The Legislature finds that the number and percentage of 
364  elderly offenders in the Florida prison system is increasing and 
365  will continue to increase for the foreseeable future. The 
366  current cost to incarcerate elderly offenders is approximately 
367  three times the cost of incarceration of younger inmates. 
368  Alternatives to the current approaches to housing, programming, 
369  and treating the medical needs of elderly offenders, which may 
370  reduce the overall costs associated with this segment of the 
371  prison population, must be explored and implemented. 
372         (2) The department shall establish and operate a geriatric 
373  facilities or geriatric dorms within a facility at the site 
374  known as River Junction Correctional Institution, which shall be 
375  an institution specifically for generally healthy elderly 
376  offenders who can perform general work appropriate for their 
377  physical and mental condition. Prior to reopening the facility, 
378  the department shall make modifications to the facility which 
379  will ensure its compliance with the Americans with Disabilities 
380  Act and decrease the likelihood of falls, accidental injury, and 
381  other conditions known to be particularly hazardous to the 
382  elderly. 
383         (a) In order to decrease long-term medical costs to the 
384  state, a preventive fitness/wellness program and diet 
385  specifically designed to maintain the mental and physical health 
386  of elderly offenders shall be developed and implemented. In 
387  developing the program, the department shall give consideration 
388  to preventive medical care for the elderly which shall include, 
389  but not be limited to, maintenance of bone density, all aspects 
390  of cardiovascular health, lung capacity, mental alertness, and 
391  orientation. Existing policies and procedures shall be 
392  reexamined and altered to encourage offenders to adopt a more 
393  healthy lifestyle and maximize their level of functioning. The 
394  program components shall be modified as data and experience are 
395  received which measure the relative success of the program 
396  components previously implemented. 
397         (b) Consideration must be given to redirecting resources as 
398  a method of offsetting increased medical costs. Elderly 
399  offenders are not likely to reenter society as a part of the 
400  workforce, and programming resources would be better spent in 
401  activities to keep the elderly offenders healthy, alert, and 
402  oriented. Limited or restricted programming or activities for 
403  elderly offenders will increase the daily cost of institutional 
404  and health care, and programming opportunities adequate to 
405  reduce the cost of care will be provided. Programming shall 
406  include, but not be limited to, recreation, education, and 
407  counseling which is needs-specific to elderly offenders. 
408  Institutional staff shall be specifically trained to effectively 
409  supervise elderly offenders and to detect physical or mental 
410  changes which warrant medical attention before more serious 
411  problems develop. 
412         (3) The department shall adopt rules that specify which 
413  elderly offenders shall be eligible to be housed at the 
414  geriatric correctional facilities or dorms River Junction 
415  Correctional Institution. 
416         (4) While developing the criteria for eligibility, the 
417  department shall use the information in existing offender 
418  databases to determine the number of offenders who would be 
419  eligible. The Legislature directs the department to consider a 
420  broad range of elderly offenders for the department’s geriatric 
421  facilities or dorms River Junction Correctional Institution who 
422  have good disciplinary records and a medical grade that will 
423  permit them to perform meaningful work activities, including 
424  participation in an appropriate correctional work program 
425  (PRIDE) facility, if available. 
426         (5) The department shall also submit a study based on 
427  existing offenders which projects the number of existing 
428  offenders who will qualify under the rules. An appendix to the 
429  study shall identify the specific offenders who qualify. 
430         Section 12. Section 944.8041, Florida Statutes, is amended 
431  to read: 
432         944.8041 Elderly offenders; annual review.—For the purpose 
433  of providing information to the Legislature on elderly offenders 
434  within the correctional system, the department and the 
435  Correctional Medical Authority shall each submit annually a 
436  report on the status and treatment of elderly offenders in the 
437  state-administered and private state correctional systems and, 
438  as well as such information on the department’s geriatric 
439  facilities and dorms River Junction Correctional Institution. In 
440  order to adequately prepare the reports, the department and the 
441  Department of Management Services shall grant access to the 
442  Correctional Medical Authority which includes access to the 
443  facilities, offenders, and any information the agencies require 
444  to complete their reports. The review shall also include an 
445  examination of promising geriatric policies, practices, and 
446  programs currently implemented in other correctional systems 
447  within the United States. The reports, with specific findings 
448  and recommendations for implementation, shall be submitted to 
449  the President of the Senate and the Speaker of the House of 
450  Representatives on or before December 31 of each year. 
451         Section 13. Subsections (4) and (5) of section 945.41, 
452  Florida Statutes, are amended to read: 
453         945.41 Legislative intent of ss. 945.40-945.49.—It is the 
454  intent of the Legislature that mentally ill inmates in the 
455  custody of the Department of Corrections receive evaluation and 
456  appropriate treatment for their mental illness through a 
457  continuum of services. It is further the intent of the 
458  Legislature that: 
459         (4) Any inmate sentenced as a youthful offender, or 
460  designated as a youthful offender by the department under 
461  pursuant to chapter 958, who is transferred pursuant to this act 
462  to a mental health treatment facility be separated from other 
463  inmates, if necessary, as determined by the warden of the 
464  treatment facility. In no case shall any youthful offender be 
465  placed at the Florida State Prison or the Union Correctional 
466  Institution for mental health treatment. 
467         (5) The department may designate a mental health treatment 
468  facilities facility for adult, youthful, and female offenders or 
469  may contract with other appropriate entities, persons, or 
470  agencies for such services. 
471         Section 14. Subsections (5) and (6) of section 945.42, 
472  Florida Statutes, are amended to read: 
473         945.42 Definitions; ss. 945.40-945.49.—As used in ss. 
474  945.40-945.49, the following terms shall have the meanings 
475  ascribed to them, unless the context shall clearly indicate 
476  otherwise: 
477         (5) “In immediate need of care and treatment” means that an 
478  inmate is apparently mentally ill and is not able to be 
479  appropriately cared for in the institution where he or she is 
480  confined and that, but for being isolated in a more restrictive 
481  and secure housing environment, because of the apparent mental 
482  illness: 
483         (a)1. The inmate is demonstrating a refusal to care for 
484  himself or herself and without immediate treatment intervention 
485  is likely to continue to refuse to care for himself or herself, 
486  and such refusal poses an immediate, real, and present threat of 
487  substantial harm to his or her well-being; or 
488         2. There is an immediate, real, and present threat that the 
489  inmate will inflict serious bodily harm on himself or herself or 
490  another person, as evidenced by recent behavior involving 
491  causing, attempting, or threatening such harm; 
492         (b)1. The inmate has refused voluntary placement for 
493  treatment at a mental health treatment facility after sufficient 
494  and conscientious explanation and disclosure of the purpose of 
495  placement; or 
496         2. The inmate is unable to determine for himself or herself 
497  whether placement is necessary; and 
498         (c) All available less restrictive treatment alternatives 
499  that would offer an opportunity for improvement of the inmate’s 
500  condition have been clinically determined to be inappropriate. 
501         (6) “In need of care and treatment” means that an inmate 
502  has a mental illness for which inpatient services in a mental 
503  health treatment facility are necessary and that, but for being 
504  isolated in a more restrictive and secure housing environment, 
505  because of the mental illness: 
506         (a)1. The inmate is demonstrating a refusal to care for 
507  himself or herself and without treatment is likely to continue 
508  to refuse to care for himself or herself, and such refusal poses 
509  a real and present threat of substantial harm to his or her 
510  well-being; or 
511         2. There is a substantial likelihood that in the near 
512  future the inmate will inflict serious bodily harm on himself or 
513  herself or another person, as evidenced by recent behavior 
514  causing, attempting, or threatening such harm; 
515         (b)1. The inmate has refused voluntary placement for 
516  treatment at a mental health treatment facility after sufficient 
517  and conscientious explanation and disclosure of the purpose of 
518  placement; or 
519         2. The inmate is unable to determine for himself or herself 
520  whether placement is necessary; and 
521         (c) All available less restrictive treatment alternatives 
522  that would offer an opportunity for improvement of the inmate’s 
523  condition have been clinically determined to be inappropriate. 
524         Section 15. Section 945.43, Florida Statutes, is amended to 
525  read: 
526         945.43 Placement Admission of inmate in a to mental health 
527  treatment facility.— 
528         (1) CRITERIA.—An inmate may be placed in admitted to a 
529  mental health treatment facility if he or she is mentally ill 
530  and is in need of care and treatment, as defined in s. 945.42. 
531         (2) PROCEDURE FOR PLACEMENT IN A MENTAL HEALTH TREATMENT 
532  FACILITY.— 
533         (a) An inmate may be placed in admitted to a mental health 
534  treatment facility after notice and hearing, upon the 
535  recommendation of the warden of the facility where the inmate is 
536  confined. The recommendation shall be entered on a petition and 
537  must be supported by the expert opinion of a psychiatrist and 
538  the second opinion of a psychiatrist or psychological 
539  professional. The petition shall be filed with the court in the 
540  county where the inmate is located. 
541         (b) A copy of the petition shall be served on the inmate, 
542  accompanied by a written notice that the inmate may apply 
543  immediately to the court to have an attorney appointed if the 
544  inmate cannot afford one. 
545         (c) The petition for placement shall may be filed in the 
546  county in which the inmate is located. The hearing shall be held 
547  in the same county, and one of the inmate’s physicians at the 
548  facility where the inmate is located shall appear as a witness 
549  at the hearing. 
550         (d) An attorney representing the inmate shall have access 
551  to the inmate and any records, including medical or mental 
552  health records, which are relevant to the representation of the 
553  inmate. 
554         (e) If the court finds that the inmate is mentally ill and 
555  in need of care and treatment, as defined in s. 945.42, the 
556  court shall order that he or she be placed in a mental health 
557  treatment facility or, if the inmate is at a mental health 
558  treatment facility, that he or she be retained there. The court 
559  shall authorize the mental health treatment facility to retain 
560  the inmate for up to 6 months. If, at the end of that time, 
561  continued placement is necessary, the warden shall apply to the 
562  Division of Administrative Hearings in accordance with s. 945.45 
563  for an order authorizing continued placement. 
564         (3) PROCEDURE FOR HEARING ON PLACEMENT OF AN INMATE IN A 
565  MENTAL HEALTH TREATMENT FACILITY.— 
566         (a) The court shall serve notice on the warden of the 
567  facility where the inmate is confined and the allegedly mentally 
568  ill inmate. The notice must specify the date, time, and place of 
569  the hearing; the basis for the allegation of mental illness; and 
570  the names of the examining experts. The hearing shall be held 
571  within 5 days, and the court may appoint a general or special 
572  magistrate to preside. The court may waive the presence of the 
573  inmate at the hearing if the such waiver is consistent with the 
574  best interests of the inmate and the inmate’s counsel does not 
575  object. The department may transport the inmate to the location 
576  of the hearing if the hearing is not conducted at the facility 
577  or by electronic means. The hearing may be as informal as is 
578  consistent with orderly procedure. One of the experts whose 
579  opinion supported the petition for placement shall be present at 
580  the hearing for information purposes. 
581         (b) If, at the hearing, the court finds that the inmate is 
582  mentally ill and in need of care and treatment, as defined in s. 
583  945.42, the court shall order that he or she be placed in a 
584  mental health treatment facility. The court shall provide a copy 
585  of its order authorizing placement and all supporting 
586  documentation relating to the inmate’s condition to the warden 
587  of the treatment facility. If the court finds that the inmate is 
588  not mentally ill, it shall dismiss the petition for placement. 
589         (4) REFUSAL OF PLACEMENT.—The warden of an institution in 
590  which a mental health treatment facility is located may refuse 
591  to place any inmate in that treatment facility who is not 
592  accompanied by adequate court orders and documentation, as 
593  required in ss. 945.40-945.49. 
594         Section 16. Section 945.46, Florida Statutes, is amended to 
595  read: 
596         945.46 Initiation of involuntary placement proceedings with 
597  respect to a mentally ill inmate scheduled for release.— 
598         (1) If an inmate who is receiving mental health treatment 
599  in the department is scheduled for release through expiration of 
600  sentence or any other means, but continues to be mentally ill 
601  and in need of care and treatment, as defined in s. 945.42, the 
602  warden is authorized to initiate procedures for involuntary 
603  placement pursuant to s. 394.467, 60 days prior to such release. 
604         (2) In addition, the warden may initiate procedures for 
605  involuntary examination pursuant to s. 394.463 for any inmate 
606  who has a mental illness and meets the criteria of s. 
607  394.463(1). 
608         (3) The department may transport an individual who is being 
609  released from its custody to a receiving or treatment facility 
610  for involuntary examination or placement. Such transport shall 
611  be made to a facility that is specified by the Department of 
612  Children and Family Services as able to meet the specific needs 
613  of the individual. If the Department of Children and Family 
614  Services does not specify a facility, transport may be made to 
615  the nearest receiving facility. 
616         Section 17. Section 946.42, Florida Statutes, is created to 
617  read: 
618         946.42 Use of inmates on private property.— 
619         (1) The department may allow inmates who meet the criteria 
620  provided in s. 946.40 to enter onto private property to perform 
621  public works or for the following purposes: 
622         (a) To accept and collect donations for the use and benefit 
623  of the department. 
624         (b) To assist federal, state, local, and private agencies 
625  before, during, and after emergencies or disasters. 
626         (2) As used in this section, the term: 
627         (a) “Disaster” means any natural, technological, or civil 
628  emergency that causes damage of sufficient severity and 
629  magnitude to result in a declaration of a state of emergency by 
630  a county, the Governor, or the President of the United States. 
631         (b) “Donations” means gifts of tangible personal property 
632  and includes equipment, fixtures, construction materials, food 
633  items, and other tangible personal property of a consumable and 
634  nonconsumable nature. 
635         (c) “Emergency” means any occurrence or threat of an 
636  occurrence, whether natural, technological, or manmade, in war 
637  or in peace, which results or may result in substantial injury 
638  or harm to the population or substantial damage to or loss of 
639  property. 
640         Section 18. Subsection (3) of section 948.001, Florida 
641  Statutes, is repealed. 
642         Section 19. Subsection (1) of section 948.03, Florida 
643  Statutes, is amended to read: 
644         948.03 Terms and conditions of probation.— 
645         (1) The court shall determine the terms and conditions of 
646  probation. Conditions specified in this section do not require 
647  oral pronouncement at the time of sentencing and may be 
648  considered standard conditions of probation. These conditions 
649  may include among them the following, that the probationer or 
650  offender in community control shall: 
651         (a) Report to the probation and parole supervisors as 
652  directed. 
653         (b) Permit such supervisors to visit him or her at his or 
654  her home or elsewhere. 
655         (c) Work faithfully at suitable employment insofar as may 
656  be possible. 
657         (d) Remain within a specified place. 
658         (e) Live without violating any law. A conviction in a court 
659  of law is not necessary for such a violation of law to 
660  constitute a violation of probation, community control, or any 
661  other form of court-ordered supervision. 
662         (f)(e) Make reparation or restitution to the aggrieved 
663  party for the damage or loss caused by his or her offense in an 
664  amount to be determined by the court. The court shall make such 
665  reparation or restitution a condition of probation, unless it 
666  determines that clear and compelling reasons exist to the 
667  contrary. If the court does not order restitution, or orders 
668  restitution of only a portion of the damages, as provided in s. 
669  775.089, it shall state on the record in detail the reasons 
670  therefor. 
671         (g)(f) Effective July 1, 1994, and applicable for offenses 
672  committed on or after that date, make payment of the debt due 
673  and owing to a county or municipal detention facility under s. 
674  951.032 for medical care, treatment, hospitalization, or 
675  transportation received by the felony probationer while in that 
676  detention facility. The court, in determining whether to order 
677  such repayment and the amount of the such repayment, shall 
678  consider the amount of the debt, whether there was any fault of 
679  the institution for the medical expenses incurred, the financial 
680  resources of the felony probationer, the present and potential 
681  future financial needs and earning ability of the probationer, 
682  and dependents, and other appropriate factors. 
683         (h)(g) Support his or her legal dependents to the best of 
684  his or her ability. 
685         (i)(h) Make payment of the debt due and owing to the state 
686  under s. 960.17, subject to modification based on change of 
687  circumstances. 
688         (j)(i) Pay any application fee assessed under s. 
689  27.52(1)(b) and attorney’s fees and costs assessed under s. 
690  938.29, subject to modification based on change of 
691  circumstances. 
692         (k)(j) Not associate with persons engaged in criminal 
693  activities. 
694         (l)(k)1. Submit to random testing as directed by the 
695  correctional probation officer or the professional staff of the 
696  treatment center where he or she is receiving treatment to 
697  determine the presence or use of alcohol or controlled 
698  substances. 
699         2. If the offense was a controlled substance violation and 
700  the period of probation immediately follows a period of 
701  incarceration in the state correction system, the conditions 
702  shall include a requirement that the offender submit to random 
703  substance abuse testing intermittently throughout the term of 
704  supervision, upon the direction of the correctional probation 
705  officer as defined in s. 943.10(3). 
706         (m)(l) Be prohibited from possessing, carrying, or owning 
707  any weapon without first procuring the consent of the 
708  correctional firearm unless authorized by the court and 
709  consented to by the probation officer. 
710         (n)(m) Be prohibited from using intoxicants to excess or 
711  possessing any drugs or narcotics unless prescribed by a 
712  physician. The probationer or community controllee shall not 
713  knowingly visit places where intoxicants, drugs, or other 
714  dangerous substances are unlawfully sold, dispensed, or used. 
715         (o)(n) Submit to the drawing of blood or other biological 
716  specimens as prescribed in ss. 943.325 and 948.014, and 
717  reimburse the appropriate agency for the costs of drawing and 
718  transmitting the blood or other biological specimens to the 
719  Department of Law Enforcement. 
720         (p) Submit to the taking of a digitized photograph by the 
721  department as a part of the offender’s records. This photograph 
722  may be displayed on the department’s public website while the 
723  offender is under court-ordered supervision. However, this 
724  paragraph does not apply to an offender who is on pretrial 
725  intervention supervision or an offender whose identity is exempt 
726  from disclosure due to an exemption from the requirements of s. 
727  119.07. 
728         Section 20. Subsection (7) of section 948.09, Florida 
729  Statutes, is amended to read: 
730         948.09 Payment for cost of supervision and rehabilitation.— 
731         (7) The department shall establish a payment plan for all 
732  costs ordered by the courts for collection by the department and 
733  a priority order for payments, except that victim restitution 
734  payments authorized under s. 948.03(1)(f) s. 948.03(1)(e) take 
735  precedence over all other court-ordered payments. The department 
736  is not required to disburse cumulative amounts of less than $10 
737  to individual payees established on this payment plan. 
738         Section 21. Section 948.101, Florida Statutes, is amended 
739  to read: 
740         948.101 Terms and conditions of community control and 
741  criminal quarantine community control.— 
742         (1) The court shall determine the terms and conditions of 
743  community control. Conditions specified in this subsection do 
744  not require oral pronouncement at the time of sentencing and may 
745  be considered standard conditions of community control. 
746         (a) The court shall require intensive supervision and 
747  surveillance for an offender placed into community control, 
748  which may include, but is not limited to: 
749         (a)1. Specified contact with the parole and probation 
750  officer. 
751         (b)2. Confinement to an agreed-upon residence during hours 
752  away from employment and public service activities. 
753         (c)3. Mandatory public service. 
754         (d)4. Supervision by the Department of Corrections by means 
755  of an electronic monitoring device or system. 
756         (e)5. The standard conditions of probation set forth in s. 
757  948.03. 
758         (b) For an offender placed on criminal quarantine community 
759  control, the court shall require: 
760         1. Electronic monitoring 24 hours per day. 
761         2. Confinement to a designated residence during designated 
762  hours. 
763         (2) The enumeration of specific kinds of terms and 
764  conditions does not prevent the court from adding thereto any 
765  other terms or conditions that the court considers proper. 
766  However, the sentencing court may only impose a condition of 
767  supervision allowing an offender convicted of s. 794.011, s. 
768  800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 to reside in 
769  another state if the order stipulates that it is contingent upon 
770  the approval of the receiving state interstate compact 
771  authority. The court may rescind or modify at any time the terms 
772  and conditions theretofore imposed by it upon the offender in 
773  community control. However, if the court withholds adjudication 
774  of guilt or imposes a period of incarceration as a condition of 
775  community control, the period may not exceed 364 days, and 
776  incarceration shall be restricted to a county facility, a 
777  probation and restitution center under the jurisdiction of the 
778  Department of Corrections, a probation program drug punishment 
779  phase I secure residential treatment institution, or a community 
780  residential facility owned or operated by any entity providing 
781  such services. 
782         (3) The court may place a defendant who is being sentenced 
783  for criminal transmission of HIV in violation of s. 775.0877 on 
784  criminal quarantine community control. The Department of 
785  Corrections shall develop and administer a criminal quarantine 
786  community control program emphasizing intensive supervision with 
787  24-hour-per-day electronic monitoring. Criminal quarantine 
788  community control status must include surveillance and may 
789  include other measures normally associated with community 
790  control, except that specific conditions necessary to monitor 
791  this population may be ordered. 
792         Section 22. Subsection (1) of section 948.11, Florida 
793  Statutes, is amended to read: 
794         948.11 Electronic monitoring devices.— 
795         (1)(a) The Department of Corrections may, at its 
796  discretion, electronically monitor an offender sentenced to 
797  community control. 
798         (b) The Department of Corrections shall electronically 
799  monitor an offender sentenced to criminal quarantine community 
800  control 24 hours per day. 
801         Section 23. Present subsection (4) of section 951.26, 
802  Florida Statutes, is renumbered as subsection (5), and a new 
803  subsection (4) is added to that section, to read: 
804         951.26 Public safety coordinating councils.— 
805         (4) The council may also develop a comprehensive local 
806  reentry plan that is designed to assist offenders released from 
807  incarceration to successfully reenter the community. The plan 
808  should cover at least a 5-year period. In developing the plan, 
809  the council shall coordinate with public safety officials and 
810  local community organizations who can provide offenders with 
811  reentry services, such as assistance with housing, health care, 
812  education, substance abuse treatment, and employment. 
813         Section 24. This act shall take effect July 1, 2010.