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