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         800.09Lewd 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         946.42Use 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.