Florida Senate - 2015 SB 410
By Senator Dean
5-00562A-15 2015410__
1 A bill to be entitled
2 An act relating to mandatory supervision for released
3 violent offenders; providing legislative intent;
4 amending s. 947.1405, F.S.; revising a short title;
5 renaming the conditional release program as the
6 mandatory supervision program; conforming provisions
7 to changes made by the act; replacing the term
8 “conditional release” with the term “mandatory
9 supervision”; amending s. 947.141, F.S.; conforming
10 provisions; amending s. 944.291, F.S.; revising which
11 prisoners may only be released under mandatory
12 supervision; conforming provisions to changes made by
13 the act; amending ss. 216.136, 394.926, 394.927,
14 775.084, 775.16, 775.21, 775.261, 893.11, 943.0435,
15 943.325, 944.171, 944.28, 944.606, 944.607, 944.608,
16 944.70, 945.36, 947.071, 947.13, 947.22, 947.24,
17 948.09, 948.32, and 957.06, F.S.; conforming
18 provisions to changes made by the act; providing
19 applicability; specifying that the Mandatory
20 Supervision Program Act continues the prior
21 Conditional Release Program Act; providing an
22 effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. The Legislature finds that those convicted of
27 violent offenses and sentenced to incarceration are at a higher
28 risk of continuing to perpetrate crimes after release. The
29 Legislature further finds that intensive, postprison supervision
30 may help such persons in making the transition from prison to a
31 postrelease community setting by offering participation in
32 appropriate programs and by following specified terms and
33 conditions. Such intensive, postprison supervision is also
34 intended to help reduce recidivism.
35 Section 2. Section 947.1405, Florida Statutes, is amended
36 to read:
37 947.1405 Mandatory supervision Conditional release
38 program.—
39 (1) This section and s. 947.141 may be cited as the
40 “Mandatory Supervision Conditional Release Program Act.”
41 (2) Any inmate who:
42 (a) Is convicted of a crime committed on or after October
43 1, 1988, and before January 1, 1994, and any inmate who is
44 convicted of a crime committed on or after January 1, 1994,
45 which crime is or was contained in category 1, category 2,
46 category 3, or category 4 of Rule 3.701 and Rule 3.988, Florida
47 Rules of Criminal Procedure (1993), and who has served at least
48 one prior felony commitment at a state or federal correctional
49 institution;
50 (b) Is sentenced as a habitual or violent habitual offender
51 or a violent career criminal pursuant to s. 775.084; or
52 (c) Is found to be a sexual predator under s. 775.21 or
53 former s. 775.23; or,
54 (d) Is convicted of a crime committed on or after October
55 1, 2015, which crime is or was contained in category 1, category
56 2, category 3, or category 4 of Rule 3.701 and Rule 3.988,
57 Florida Rules of Criminal Procedure (1993),
58
59 shall, upon reaching the tentative release date or provisional
60 release date, whichever is earlier, as established by the
61 Department of Corrections, be released under supervision subject
62 to specified terms and conditions, including payment of the cost
63 of supervision pursuant to s. 948.09. Such supervision shall be
64 applicable to all sentences within the overall term of sentences
65 if an inmate’s overall term of sentences includes one or more
66 sentences that are eligible for mandatory conditional release
67 supervision as provided herein. Effective July 1, 1994, and
68 applicable for offenses committed on or after that date, the
69 commission may require, as a condition of mandatory supervision
70 conditional release, that the releasee make payment of the debt
71 due and owing to a county or municipal detention facility under
72 s. 951.032 for medical care, treatment, hospitalization, or
73 transportation received by the releasee while in that detention
74 facility. The commission, in determining whether to order such
75 repayment and the amount of such repayment, shall consider the
76 amount of the debt, whether there was any fault of the
77 institution for the medical expenses incurred, the financial
78 resources of the releasee, the present and potential future
79 financial needs and earning ability of the releasee, and
80 dependents, and other appropriate factors. If any inmate placed
81 on mandatory conditional release supervision is also subject to
82 probation or community control, resulting from a probationary or
83 community control split sentence within the overall term of
84 sentences, the Department of Corrections shall supervise such
85 person according to the conditions imposed by the court and the
86 commission shall defer to such supervision. If the court revokes
87 probation or community control and resentences the offender to a
88 term of incarceration, such revocation also constitutes a
89 sufficient basis for the revocation of the mandatory conditional
90 release supervision on any nonprobationary or noncommunity
91 control sentence without further hearing by the commission. If
92 any such supervision on any nonprobationary or noncommunity
93 control sentence is revoked, such revocation may result in a
94 forfeiture of all gain-time, and the commission may revoke the
95 resulting deferred mandatory conditional release supervision or
96 take other action it considers appropriate. If the term of
97 mandatory conditional release supervision exceeds that of the
98 probation or community control, then, upon expiration of the
99 probation or community control, authority for the supervision
100 shall revert to the commission and the supervision shall be
101 subject to the conditions imposed by the commission. A panel of
102 no fewer than two commissioners shall establish the terms and
103 conditions of any such release. If the offense was a controlled
104 substance violation, the conditions shall include a requirement
105 that the offender submit to random substance abuse testing
106 intermittently throughout the term of mandatory conditional
107 release supervision, upon the direction of the correctional
108 probation officer as defined in s. 943.10(3). The commission
109 shall also determine whether the terms and conditions of such
110 release have been violated and whether such violation warrants
111 revocation of the mandatory supervision conditional release.
112 (3) As part of the mandatory supervision conditional
113 release process, the commission, through review and
114 consideration of information provided by the department, shall
115 determine:
116 (a) The amount of reparation or restitution.
117 (b) The consequences of the offense as reported by the
118 aggrieved party.
119 (c) The aggrieved party’s fear of the inmate or concerns
120 about the release of the inmate.
121 (4) The commission shall provide to the aggrieved party
122 information regarding the manner in which notice of any
123 developments concerning the status of the inmate during the term
124 of mandatory supervision conditional release may be requested.
125 (5) Within 180 days prior to the tentative release date or
126 provisional release date, whichever is earlier, a representative
127 of the department shall review the inmate’s program
128 participation, disciplinary record, psychological and medical
129 records, criminal records, and any other information pertinent
130 to the impending release. The department shall gather and
131 compile information necessary for the commission to make the
132 determinations set forth in subsection (3). A department
133 representative shall conduct a personal interview with the
134 inmate for the purpose of determining the details of the
135 inmate’s release plan, including the inmate’s planned residence
136 and employment. The department representative shall forward the
137 inmate’s release plan to the commission and recommend to the
138 commission the terms and conditions of the mandatory supervision
139 conditional release.
140 (6) The commission shall review the recommendations of the
141 department, and such other information as it deems relevant, and
142 may conduct a review of the inmate’s record for the purpose of
143 establishing the terms and conditions of the mandatory
144 supervision conditional release. The commission may impose any
145 special conditions it considers warranted from its review of the
146 release plan and recommendation. If the commission determines
147 that the inmate is eligible for release under this section, the
148 commission shall enter an order establishing the length of
149 supervision and the conditions attendant thereto. However, an
150 inmate who has been convicted of a violation of chapter 794 or
151 found by the court to be a sexual predator is subject to the
152 maximum level of supervision provided, with the mandatory
153 conditions as required in subsection (7), and that supervision
154 shall continue through the end of the releasee’s original court
155 imposed sentence. The length of supervision must not exceed the
156 maximum penalty imposed by the court.
157 (7)(a) Any inmate who is convicted of a crime committed on
158 or after October 1, 1995, or who has been previously convicted
159 of a crime committed on or after October 1, 1995, in violation
160 of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or s.
161 847.0145, and is subject to mandatory conditional release
162 supervision, shall have, in addition to any other conditions
163 imposed, the following special conditions imposed by the
164 commission:
165 1. A mandatory curfew from 10 p.m. to 6 a.m. The commission
166 may designate another 8-hour period if the offender’s employment
167 precludes the above specified time, and such alternative is
168 recommended by the Department of Corrections. If the commission
169 determines that imposing a curfew would endanger the victim, the
170 commission may consider alternative sanctions.
171 2. If the victim was under the age of 18, a prohibition on
172 living within 1,000 feet of a school, child care facility, park,
173 playground, designated public school bus stop, or other place
174 where children regularly congregate. A releasee who is subject
175 to this subparagraph may not relocate to a residence that is
176 within 1,000 feet of a public school bus stop. Beginning October
177 1, 2004, the commission or the department may not approve a
178 residence that is located within 1,000 feet of a school, child
179 care facility, park, playground, designated school bus stop, or
180 other place where children regularly congregate for any releasee
181 who is subject to this subparagraph. On October 1, 2004, the
182 department shall notify each affected school district of the
183 location of the residence of a releasee 30 days prior to release
184 and thereafter, if the releasee relocates to a new residence,
185 shall notify any affected school district of the residence of
186 the releasee within 30 days after relocation. If, on October 1,
187 2004, any public school bus stop is located within 1,000 feet of
188 the existing residence of such releasee, the district school
189 board shall relocate that school bus stop. Beginning October 1,
190 2004, a district school board may not establish or relocate a
191 public school bus stop within 1,000 feet of the residence of a
192 releasee who is subject to this subparagraph. The failure of the
193 district school board to comply with this subparagraph shall not
194 result in a violation of mandatory conditional release
195 supervision. A releasee who is subject to this subparagraph may
196 not be forced to relocate and does not violate his or her
197 mandatory conditional release supervision if he or she is living
198 in a residence that meets the requirements of this subparagraph
199 and a school, child care facility, park, playground, designated
200 public school bus stop, or other place where children regularly
201 congregate is subsequently established within 1,000 feet of his
202 or her residence.
203 3. Active participation in and successful completion of a
204 sex offender treatment program with qualified practitioners
205 specifically trained to treat sex offenders, at the releasee’s
206 own expense. If a qualified practitioner is not available within
207 a 50-mile radius of the releasee’s residence, the offender shall
208 participate in other appropriate therapy.
209 4. A prohibition on any contact with the victim, directly
210 or indirectly, including through a third person, unless approved
211 by the victim, a qualified practitioner in the sexual offender
212 treatment program, and the sentencing court.
213 5. If the victim was under the age of 18, a prohibition
214 against contact with children under the age of 18 without review
215 and approval by the commission. The commission may approve
216 supervised contact with a child under the age of 18 if the
217 approval is based upon a recommendation for contact issued by a
218 qualified practitioner who is basing the recommendation on a
219 risk assessment. Further, the sex offender must be currently
220 enrolled in or have successfully completed a sex offender
221 therapy program. The commission may not grant supervised contact
222 with a child if the contact is not recommended by a qualified
223 practitioner and may deny supervised contact with a child at any
224 time. When considering whether to approve supervised contact
225 with a child, the commission must review and consider the
226 following:
227 a. A risk assessment completed by a qualified practitioner.
228 The qualified practitioner must prepare a written report that
229 must include the findings of the assessment and address each of
230 the following components:
231 (I) The sex offender’s current legal status;
232 (II) The sex offender’s history of adult charges with
233 apparent sexual motivation;
234 (III) The sex offender’s history of adult charges without
235 apparent sexual motivation;
236 (IV) The sex offender’s history of juvenile charges,
237 whenever available;
238 (V) The sex offender’s offender treatment history,
239 including a consultation from the sex offender’s treating, or
240 most recent treating, therapist;
241 (VI) The sex offender’s current mental status;
242 (VII) The sex offender’s mental health and substance abuse
243 history as provided by the Department of Corrections;
244 (VIII) The sex offender’s personal, social, educational,
245 and work history;
246 (IX) The results of current psychological testing of the
247 sex offender if determined necessary by the qualified
248 practitioner;
249 (X) A description of the proposed contact, including the
250 location, frequency, duration, and supervisory arrangement;
251 (XI) The child’s preference and relative comfort level with
252 the proposed contact, when age-appropriate;
253 (XII) The parent’s or legal guardian’s preference regarding
254 the proposed contact; and
255 (XIII) The qualified practitioner’s opinion, along with the
256 basis for that opinion, as to whether the proposed contact would
257 likely pose significant risk of emotional or physical harm to
258 the child.
259
260 The written report of the assessment must be given to the
261 commission.
262 b. A recommendation made as a part of the risk-assessment
263 report as to whether supervised contact with the child should be
264 approved;
265 c. A written consent signed by the child’s parent or legal
266 guardian, if the parent or legal guardian is not the sex
267 offender, agreeing to the sex offender having supervised contact
268 with the child after receiving full disclosure of the sex
269 offender’s present legal status, past criminal history, and the
270 results of the risk assessment. The commission may not approve
271 contact with the child if the parent or legal guardian refuses
272 to give written consent for supervised contact;
273 d. A safety plan prepared by the qualified practitioner,
274 who provides treatment to the offender, in collaboration with
275 the sex offender, the child’s parent or legal guardian, and the
276 child, when age appropriate, which details the acceptable
277 conditions of contact between the sex offender and the child.
278 The safety plan must be reviewed and approved by the Department
279 of Corrections before being submitted to the commission; and
280 e. Evidence that the child’s parent or legal guardian, if
281 the parent or legal guardian is not the sex offender,
282 understands the need for and agrees to the safety plan and has
283 agreed to provide, or to designate another adult to provide,
284 constant supervision any time the child is in contact with the
285 offender.
286
287 The commission may not appoint a person to conduct a risk
288 assessment and may not accept a risk assessment from a person
289 who has not demonstrated to the commission that he or she has
290 met the requirements of a qualified practitioner as defined in
291 this section.
292 6. If the victim was under age 18, a prohibition on working
293 for pay or as a volunteer at any school, child care facility,
294 park, playground, or other place where children regularly
295 congregate, as prescribed by the commission.
296 7. Unless otherwise indicated in the treatment plan
297 provided by a qualified practitioner in the sexual offender
298 treatment program, a prohibition on viewing, owning, or
299 possessing any obscene, pornographic, or sexually stimulating
300 visual or auditory material, including telephone, electronic
301 media, computer programs, or computer services that are relevant
302 to the offender’s deviant behavior pattern.
303 8. Effective for a releasee whose crime is committed on or
304 after July 1, 2005, a prohibition on accessing the Internet or
305 other computer services until a qualified practitioner in the
306 offender’s sex offender treatment program, after a risk
307 assessment is completed, approves and implements a safety plan
308 for the offender’s accessing or using the Internet or other
309 computer services.
310 9. A requirement that the releasee must submit two
311 specimens of blood to the Department of Law Enforcement to be
312 registered with the DNA database.
313 10. A requirement that the releasee make restitution to the
314 victim, as determined by the sentencing court or the commission,
315 for all necessary medical and related professional services
316 relating to physical, psychiatric, and psychological care.
317 11. Submission to a warrantless search by the community
318 control or probation officer of the probationer’s or community
319 controllee’s person, residence, or vehicle.
320 (b) For a releasee whose crime was committed on or after
321 October 1, 1997, in violation of chapter 794, s. 800.04, s.
322 827.071, s. 847.0135(5), or s. 847.0145, and who is subject to
323 mandatory conditional release supervision, in addition to any
324 other provision of this subsection, the commission shall impose
325 the following additional conditions of mandatory conditional
326 release supervision:
327 1. As part of a treatment program, participation in a
328 minimum of one annual polygraph examination to obtain
329 information necessary for risk management and treatment and to
330 reduce the sex offender’s denial mechanisms. The polygraph
331 examination must be conducted by a polygrapher who is a member
332 of a national or state polygraph association and who is
333 certified as a postconviction sex offender polygrapher, where
334 available, and at the expense of the releasee. The results of
335 the examination shall be provided to the releasee’s probation
336 officer and qualified practitioner and may not be used as
337 evidence in a hearing to prove that a violation of supervision
338 has occurred.
339 2. Maintenance of a driving log and a prohibition against
340 driving a motor vehicle alone without the prior approval of the
341 supervising officer.
342 3. A prohibition against obtaining or using a post office
343 box without the prior approval of the supervising officer.
344 4. If there was sexual contact, a submission to, at the
345 releasee’s expense, an HIV test with the results to be released
346 to the victim or the victim’s parent or guardian.
347 5. Electronic monitoring of any form when ordered by the
348 commission. Any person who has been placed under supervision and
349 is electronically monitored by the department must pay the
350 department for the cost of the electronic monitoring service at
351 a rate that may not exceed the full cost of the monitoring
352 service. Funds collected under this subparagraph shall be
353 deposited into the General Revenue Fund. The department may
354 exempt a person from the payment of all or any part of the
355 electronic monitoring service cost if the department finds that
356 any of the factors listed in s. 948.09(3) exist.
357 (8) It is the finding of the Legislature that the
358 population of offenders released from state prison into the
359 community who meet the mandatory supervision conditional release
360 criteria poses the greatest threat to the public safety of the
361 groups of offenders under community supervision. Therefore, the
362 Department of Corrections is to provide intensive supervision by
363 experienced correctional probation officers to mandatory
364 supervision conditional release offenders. Subject to specific
365 appropriation by the Legislature, caseloads may be restricted to
366 a maximum of 40 mandatory supervision conditional release
367 offenders per officer to provide for enhanced public safety and
368 to effectively monitor conditions of electronic monitoring or
369 curfews, if so ordered by the commission.
370 (9) The commission shall adopt rules pursuant to ss.
371 120.536(1) and 120.54 necessary to implement the provisions of
372 the Mandatory Supervision Conditional Release Program Act.
373 (10) Effective for a releasee whose crime was committed on
374 or after September 1, 2005, in violation of chapter 794, s.
375 800.04(4), (5), or (6), s. 827.071, or s. 847.0145, and the
376 unlawful activity involved a victim who was 15 years of age or
377 younger and the offender is 18 years of age or older or for a
378 releasee who is designated as a sexual predator pursuant to s.
379 775.21, in addition to any other provision of this section, the
380 commission must order electronic monitoring for the duration of
381 the releasee’s supervision.
382 (11) Effective for a releasee whose crime was committed on
383 or after October 1, 2008, and who has been found to have
384 committed the crime for the purpose of benefiting, promoting, or
385 furthering the interests of a criminal gang, the commission
386 shall, in addition to any other conditions imposed, impose a
387 condition prohibiting the releasee from knowingly associating
388 with other criminal gang members or associates, except as
389 authorized by law enforcement officials, prosecutorial
390 authorities, or the court, for the purpose of aiding in the
391 investigation of criminal activity.
392 (12) In addition to all other conditions imposed, for a
393 releasee who is subject to mandatory supervision conditional
394 release for a crime that was committed on or after May 26, 2010,
395 and who has been convicted at any time of committing, or
396 attempting, soliciting, or conspiring to commit, any of the
397 criminal offenses listed in s. 943.0435(1)(a)1.a.(I), or a
398 similar offense in another jurisdiction against a victim who was
399 under 18 years of age at the time of the offense, if the
400 releasee has not received a pardon for any felony or similar law
401 of another jurisdiction necessary for the operation of this
402 subsection, if a conviction of a felony or similar law of
403 another jurisdiction necessary for the operation of this
404 subsection has not been set aside in any postconviction
405 proceeding, or if the releasee has not been removed from the
406 requirement to register as a sexual offender or sexual predator
407 pursuant to s. 943.04354, the commission must impose the
408 following conditions:
409 (a) A prohibition on visiting schools, child care
410 facilities, parks, and playgrounds without prior approval from
411 the releasee’s supervising officer. The commission may also
412 designate additional prohibited locations to protect a victim.
413 The prohibition ordered under this paragraph does not prohibit
414 the releasee from visiting a school, child care facility, park,
415 or playground for the sole purpose of attending a religious
416 service as defined in s. 775.0861 or picking up or dropping off
417 the releasee’s child or grandchild at a child care facility or
418 school.
419 (b) A prohibition on distributing candy or other items to
420 children on Halloween; wearing a Santa Claus costume, or other
421 costume to appeal to children, on or preceding Christmas;
422 wearing an Easter Bunny costume, or other costume to appeal to
423 children, on or preceding Easter; entertaining at children’s
424 parties; or wearing a clown costume without prior approval from
425 the commission.
426 (13) If a person who is transferred to the custody of the
427 Department of Children and Families pursuant to part V of
428 chapter 394 is subject to mandatory conditional release
429 supervision, the period of mandatory conditional release
430 supervision is tolled until such person is no longer in the
431 custody of the Department of Children and Families. This
432 subsection applies to all periods of mandatory conditional
433 release supervision which begin on or after October 1, 2014,
434 regardless of the date of the underlying offense.
435 (14) Effective for a releasee whose crime was committed on
436 or after October 1, 2014, in violation of chapter 794, s.
437 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, in addition
438 to any other provision of this section, the commission must
439 impose a condition prohibiting the releasee from viewing,
440 accessing, owning, or possessing any obscene, pornographic, or
441 sexually stimulating visual or auditory material unless
442 otherwise indicated in the treatment plan provided by a
443 qualified practitioner in the sexual offender treatment program.
444 Visual or auditory material includes, but is not limited to,
445 telephone, electronic media, computer programs, and computer
446 services.
447 Section 3. Section 947.141, Florida Statutes, is amended to
448 read:
449 947.141 Violations of mandatory supervision conditional
450 release, control release, or conditional medical release, or
451 addiction-recovery supervision.—
452 (1) If a member of the commission or a duly authorized
453 representative of the commission has reasonable grounds to
454 believe that an offender who is on release supervision under s.
455 947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
456 the terms and conditions of the release in a material respect,
457 such member or representative may cause a warrant to be issued
458 for the arrest of the releasee; if the offender was found to be
459 a sexual predator, the warrant must be issued.
460 (2) Upon the arrest on a felony charge of an offender who
461 is on release supervision under s. 947.1405, s. 947.146, s.
462 947.149, or s. 944.4731, the offender must be detained without
463 bond until the initial appearance of the offender at which a
464 judicial determination of probable cause is made. If the trial
465 court judge determines that there was no probable cause for the
466 arrest, the offender may be released. If the trial court judge
467 determines that there was probable cause for the arrest, such
468 determination also constitutes reasonable grounds to believe
469 that the offender violated the conditions of the release. Within
470 24 hours after the trial court judge’s finding of probable
471 cause, the detention facility administrator or designee shall
472 notify the commission and the department of the finding and
473 transmit to each a facsimile copy of the probable cause
474 affidavit or the sworn offense report upon which the trial court
475 judge’s probable cause determination is based. The offender must
476 continue to be detained without bond for a period not exceeding
477 72 hours excluding weekends and holidays after the date of the
478 probable cause determination, pending a decision by the
479 commission whether to issue a warrant charging the offender with
480 violation of the conditions of release. Upon the issuance of the
481 commission’s warrant, the offender must continue to be held in
482 custody pending a revocation hearing held in accordance with
483 this section.
484 (3) Within 45 days after notice to the Florida Commission
485 on Offender Review of the arrest of a releasee charged with a
486 violation of the terms and conditions of mandatory supervision
487 conditional release, control release, conditional medical
488 release, or addiction-recovery supervision, the releasee must be
489 afforded a hearing conducted by a commissioner or a duly
490 authorized representative thereof. If the releasee elects to
491 proceed with a hearing, the releasee must be informed orally and
492 in writing of the following:
493 (a) The alleged violation with which the releasee is
494 charged.
495 (b) The releasee’s right to be represented by counsel.
496 (c) The releasee’s right to be heard in person.
497 (d) The releasee’s right to secure, present, and compel the
498 attendance of witnesses relevant to the proceeding.
499 (e) The releasee’s right to produce documents on the
500 releasee’s own behalf.
501 (f) The releasee’s right of access to all evidence used
502 against the releasee and to confront and cross-examine adverse
503 witnesses.
504 (g) The releasee’s right to waive the hearing.
505 (4) Within a reasonable time following the hearing, the
506 commissioner or the commissioner’s duly authorized
507 representative who conducted the hearing shall make findings of
508 fact in regard to the alleged violation. A panel of no fewer
509 than two commissioners shall enter an order determining whether
510 the charge of violation of mandatory supervision conditional
511 release, control release, conditional medical release, or
512 addiction-recovery supervision has been sustained based upon the
513 findings of fact presented by the hearing commissioner or
514 authorized representative. By such order, the panel may revoke
515 mandatory supervision conditional release, control release,
516 conditional medical release, or addiction-recovery supervision
517 and thereby return the releasee to prison to serve the sentence
518 imposed, reinstate the original order granting the release, or
519 enter such other order as it considers proper. Effective for
520 inmates whose offenses were committed on or after July 1, 1995,
521 the panel may order the placement of a releasee, upon a finding
522 of violation pursuant to this subsection, into a local detention
523 facility as a condition of supervision.
524 (5) Effective for inmates whose offenses were committed on
525 or after July 1, 1995, notwithstanding the provisions of ss.
526 775.08, former 921.001, 921.002, 921.187, 921.188, 944.02, and
527 951.23, or any other law to the contrary, by such order as
528 provided in subsection (4), the panel, upon a finding of guilt,
529 may, as a condition of continued supervision, place the releasee
530 in a local detention facility for a period of incarceration not
531 to exceed 22 months. Prior to the expiration of the term of
532 incarceration, or upon recommendation of the chief correctional
533 officer of that county, the commission shall cause inquiry into
534 the inmate’s release plan and custody status in the detention
535 facility and consider whether to restore the inmate to
536 supervision, modify the conditions of supervision, or enter an
537 order of revocation, thereby causing the return of the inmate to
538 prison to serve the sentence imposed. The provisions of This
539 section does do not prohibit the panel from entering such other
540 order or conducting any investigation that it deems proper. The
541 commission may only place a person in a local detention facility
542 pursuant to this section only if there is a contractual
543 agreement between the chief correctional officer of that county
544 and the Department of Corrections. The agreement must provide
545 for a per diem reimbursement for each person placed under this
546 section, which is payable by the Department of Corrections for
547 the duration of the offender’s placement in the facility. This
548 section does not limit the commission’s ability to place a
549 person in a local detention facility for less than 1 year.
550 (6) Whenever a mandatory supervision conditional release,
551 control release, conditional medical release, or addiction
552 recovery supervision is revoked by a panel of no fewer than two
553 commissioners and the releasee is ordered to be returned to
554 prison, the releasee, by reason of the misconduct, shall be
555 deemed to have forfeited all gain-time or commutation of time
556 for good conduct, as provided for by law, earned up to the date
557 of release. However, if a conditional medical release is revoked
558 due to the improved medical or physical condition of the
559 releasee, the releasee does shall not forfeit gain-time accrued
560 before the date of conditional medical release. This subsection
561 does not deprive the prisoner of the right to gain-time or
562 commutation of time for good conduct, as provided by law, from
563 the date of return to prison.
564 (7) If a law enforcement officer has probable cause to
565 believe that an offender who is on release supervision under s.
566 947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
567 the terms and conditions of his or her release by committing a
568 felony offense, the officer shall arrest the offender without a
569 warrant, and a warrant need not be issued in the case.
570 Section 4. Subsection (2) of section 944.291, Florida
571 Statutes, is amended to read:
572 944.291 Prisoner released by reason of gain-time allowances
573 or attainment of provisional release date.—
574 (2) Any prisoner who meets the criteria specified in is
575 convicted of a crime committed on or after October 1, 1988,
576 which crime is contained in category 1, category 2, category 3,
577 or category 4 of Rule 3.701 and Rule 3.988, Florida Rules of
578 Criminal Procedure, and who has served at least one prior felony
579 commitment at a state or federal correctional institution, or is
580 sentenced as a habitual or violent habitual offender pursuant to
581 s. 947.1405(2) s. 775.084, may only be released under mandatory
582 conditional release supervision as described in chapter 947. Not
583 fewer than 90 days prior to the tentative release date or
584 provisional release date, whichever is earlier, the department
585 shall provide the commission with the name and inmate
586 identification number for each eligible inmate.
587 Section 5. Paragraph (c) of subsection (5) of section
588 216.136, Florida Statutes, is amended to read:
589 216.136 Consensus estimating conferences; duties and
590 principals.—
591 (5) CRIMINAL JUSTICE ESTIMATING CONFERENCE.—The Criminal
592 Justice Estimating Conference shall:
593 (c) Develop official information relating to the number of
594 sexual offenders and sexual predators who are required by law to
595 be placed on community control, probation, or mandatory
596 supervision conditional release who are subject to electronic
597 monitoring.
598 Section 6. Subsection (2) of section 394.926, Florida
599 Statutes, is amended to read:
600 394.926 Notice to victims and others of release of persons
601 in the custody of the department.—
602 (2) If a person in the custody of the department who has an
603 active or pending term of probation, community control, parole,
604 mandatory supervision conditional release, or other court
605 ordered or postprison release supervision is released, the
606 department must immediately notify the Department of
607 Corrections’ Office of Community Corrections in Tallahassee. The
608 Florida Commission on Offender Review must also be immediately
609 notified of any releases of a person who has an active or
610 pending term of parole, mandatory supervision conditional
611 release, or other postprison release supervision that is
612 administered by the Florida Commission on Offender Review.
613 Section 7. Subsection (2) of section 394.927, Florida
614 Statutes, is amended to read:
615 394.927 Escape while in lawful custody; notice to victim;
616 notice to the Department of Corrections and Florida Commission
617 on Offender Review.—
618 (2) If a person who is held in custody pursuant to a
619 finding of probable cause or commitment as a sexually violent
620 predator escapes while in custody, the department shall
621 immediately notify the victim in accordance with s. 394.926. The
622 state attorney that filed the petition for civil commitment of
623 the escapee must also be immediately notified by the department.
624 If the escapee has an active or pending term of probation,
625 community control, parole, mandatory supervision conditional
626 release, or other court-ordered or postprison release
627 supervision, the department shall also immediately notify the
628 Department of Corrections’ Office of Community Corrections in
629 Tallahassee. The Florida Commission on Offender Review shall
630 also be immediately notified of an escape if the escapee has an
631 active or pending term of parole, mandatory supervision
632 conditional release, or other postprison release supervision
633 that is administered by the Florida Commission on Offender
634 Review.
635 Section 8. Paragraphs (a), (b), and (d) of subsection (1)
636 of section 775.084, Florida Statutes, are amended to read:
637 775.084 Violent career criminals; habitual felony offenders
638 and habitual violent felony offenders; three-time violent felony
639 offenders; definitions; procedure; enhanced penalties or
640 mandatory minimum prison terms.—
641 (1) As used in this act:
642 (a) “Habitual felony offender” means a defendant for whom
643 the court may impose an extended term of imprisonment, as
644 provided in paragraph (4)(a), if it finds that:
645 1. The defendant has previously been convicted of any
646 combination of two or more felonies in this state or other
647 qualified offenses.
648 2. The felony for which the defendant is to be sentenced
649 was committed:
650 a. While the defendant was serving a prison sentence or
651 other sentence, or court-ordered or lawfully imposed supervision
652 that is imposed as a result of a prior conviction for a felony
653 or other qualified offense; or
654 b. Within 5 years of the date of the conviction of the
655 defendant’s last prior felony or other qualified offense, or
656 within 5 years of the defendant’s release from a prison
657 sentence, probation, community control, control release,
658 mandatory supervision conditional release, parole or court
659 ordered or lawfully imposed supervision or other sentence that
660 is imposed as a result of a prior conviction for a felony or
661 other qualified offense, whichever is later.
662 3. The felony for which the defendant is to be sentenced,
663 and one of the two prior felony convictions, is not a violation
664 of s. 893.13 relating to the purchase or the possession of a
665 controlled substance.
666 4. The defendant has not received a pardon for any felony
667 or other qualified offense that is necessary for the operation
668 of this paragraph.
669 5. A conviction of a felony or other qualified offense
670 necessary to the operation of this paragraph has not been set
671 aside in any postconviction proceeding.
672 (b) “Habitual violent felony offender” means a defendant
673 for whom the court may impose an extended term of imprisonment,
674 as provided in paragraph (4)(b), if it finds that:
675 1. The defendant has previously been convicted of a felony
676 or an attempt or conspiracy to commit a felony and one or more
677 of such convictions was for:
678 a. Arson;
679 b. Sexual battery;
680 c. Robbery;
681 d. Kidnapping;
682 e. Aggravated child abuse;
683 f. Aggravated abuse of an elderly person or disabled adult;
684 g. Aggravated assault with a deadly weapon;
685 h. Murder;
686 i. Manslaughter;
687 j. Aggravated manslaughter of an elderly person or disabled
688 adult;
689 k. Aggravated manslaughter of a child;
690 l. Unlawful throwing, placing, or discharging of a
691 destructive device or bomb;
692 m. Armed burglary;
693 n. Aggravated battery; or
694 o. Aggravated stalking.
695 2. The felony for which the defendant is to be sentenced
696 was committed:
697 a. While the defendant was serving a prison sentence or
698 other sentence, or court-ordered or lawfully imposed supervision
699 that is imposed as a result of a prior conviction for an
700 enumerated felony; or
701 b. Within 5 years of the date of the conviction of the last
702 prior enumerated felony, or within 5 years of the defendant’s
703 release from a prison sentence, probation, community control,
704 control release, mandatory supervision conditional release,
705 parole, or court-ordered or lawfully imposed supervision or
706 other sentence that is imposed as a result of a prior conviction
707 for an enumerated felony, whichever is later.
708 3. The defendant has not received a pardon on the ground of
709 innocence for any crime that is necessary for the operation of
710 this paragraph.
711 4. A conviction of a crime necessary to the operation of
712 this paragraph has not been set aside in any postconviction
713 proceeding.
714 (d) “Violent career criminal” means a defendant for whom
715 the court must impose imprisonment pursuant to paragraph (4)(d),
716 if it finds that:
717 1. The defendant has previously been convicted as an adult
718 three or more times for an offense in this state or other
719 qualified offense that is:
720 a. Any forcible felony, as described in s. 776.08;
721 b. Aggravated stalking, as described in s. 784.048(3) and
722 (4);
723 c. Aggravated child abuse, as described in s. 827.03(2)(a);
724 d. Aggravated abuse of an elderly person or disabled adult,
725 as described in s. 825.102(2);
726 e. Lewd or lascivious battery, lewd or lascivious
727 molestation, lewd or lascivious conduct, or lewd or lascivious
728 exhibition, as described in s. 800.04 or s. 847.0135(5);
729 f. Escape, as described in s. 944.40; or
730 g. A felony violation of chapter 790 involving the use or
731 possession of a firearm.
732 2. The defendant has been incarcerated in a state prison or
733 a federal prison.
734 3. The primary felony offense for which the defendant is to
735 be sentenced is a felony enumerated in subparagraph 1. and was
736 committed on or after October 1, 1995, and:
737 a. While the defendant was serving a prison sentence or
738 other sentence, or court-ordered or lawfully imposed supervision
739 that is imposed as a result of a prior conviction for an
740 enumerated felony; or
741 b. Within 5 years after the conviction of the last prior
742 enumerated felony, or within 5 years after the defendant’s
743 release from a prison sentence, probation, community control,
744 control release, mandatory supervision conditional release,
745 parole, or court-ordered or lawfully imposed supervision or
746 other sentence that is imposed as a result of a prior conviction
747 for an enumerated felony, whichever is later.
748 4. The defendant has not received a pardon for any felony
749 or other qualified offense that is necessary for the operation
750 of this paragraph.
751 5. A conviction of a felony or other qualified offense
752 necessary to the operation of this paragraph has not been set
753 aside in any postconviction proceeding.
754 Section 9. Section 775.16, Florida Statutes, is amended to
755 read:
756 775.16 Drug offenses; additional penalties.—In addition to
757 any other penalty provided by law, a person who has been
758 convicted of sale of or trafficking in, or conspiracy to sell or
759 traffic in, a controlled substance under chapter 893, if such
760 offense is a felony, or who has been convicted of an offense
761 under the laws of any state or country which, if committed in
762 this state, would constitute the felony of selling or
763 trafficking in, or conspiracy to sell or traffic in, a
764 controlled substance under chapter 893, is:
765 (1) Disqualified from applying for employment by any agency
766 of the state, unless:
767 (a) The person has completed all sentences of imprisonment
768 or supervisory sanctions imposed by the court, by the Florida
769 Commission on Offender Review, or by law; or
770 (b) The person has complied with the conditions of
771 subparagraphs 1. and 2. which shall be monitored by the
772 Department of Corrections while the person is under any
773 supervisory sanctions. The person under supervision may:
774 1. Seek evaluation and enrollment in, and once enrolled
775 maintain enrollment in until completion, a drug treatment and
776 rehabilitation program which is approved by the Department of
777 Children and Families, unless it is deemed by the program that
778 the person does not have a substance abuse problem. The
779 treatment and rehabilitation program may be specified by:
780 a. The court, in the case of court-ordered supervisory
781 sanctions;
782 b. The Florida Commission on Offender Review, in the case
783 of parole, control release, or mandatory supervision conditional
784 release; or
785 c. The Department of Corrections, in the case of
786 imprisonment or any other supervision required by law.
787 2. Submit to periodic urine drug testing pursuant to
788 procedures prescribed by the Department of Corrections. If the
789 person is indigent, the costs shall be paid by the Department of
790 Corrections.
791 (2) Disqualified from applying for a license, permit, or
792 certificate required by any agency of the state to practice,
793 pursue, or engage in any occupation, trade, vocation,
794 profession, or business, unless:
795 (a) The person has completed all sentences of imprisonment
796 or supervisory sanctions imposed by the court, by the Florida
797 Commission on Offender Review, or by law;
798 (b) The person has complied with the conditions of
799 subparagraphs 1. and 2. which shall be monitored by the
800 Department of Corrections while the person is under any
801 supervisory sanction. If the person fails to comply with
802 provisions of these subparagraphs by either failing to maintain
803 treatment or by testing positive for drug use, the department
804 shall notify the licensing, permitting, or certifying agency,
805 which may refuse to reissue or reinstate such license, permit,
806 or certification. The licensee, permittee, or certificateholder
807 under supervision may:
808 1. Seek evaluation and enrollment in, and once enrolled
809 maintain enrollment in until completion, a drug treatment and
810 rehabilitation program which is approved or regulated by the
811 Department of Children and Families, unless it is deemed by the
812 program that the person does not have a substance abuse problem.
813 The treatment and rehabilitation program may be specified by:
814 a. The court, in the case of court-ordered supervisory
815 sanctions;
816 b. The Florida Commission on Offender Review, in the case
817 of parole, control release, or mandatory supervision conditional
818 release; or
819 c. The Department of Corrections, in the case of
820 imprisonment or any other supervision required by law.
821 2. Submit to periodic urine drug testing pursuant to
822 procedures prescribed by the Department of Corrections. If the
823 person is indigent, the costs shall be paid by the Department of
824 Corrections; or
825 (c) The person has successfully completed an appropriate
826 program under the Correctional Education Program.
827
828 The provisions of this section do not apply to any of the taxes,
829 fees, or permits regulated, controlled, or administered by the
830 Department of Revenue in accordance with the provisions of s.
831 213.05.
832 Section 10. Paragraph (e) of subsection (2) of section
833 775.21, Florida Statutes, is amended to read:
834 775.21 The Florida Sexual Predators Act.—
835 (2) DEFINITIONS.—As used in this section, the term:
836 (e) “Conviction” means a determination of guilt which is
837 the result of a trial or the entry of a plea of guilty or nolo
838 contendere, regardless of whether adjudication is withheld. A
839 conviction for a similar offense includes, but is not limited
840 to, a conviction by a federal or military tribunal, including
841 courts-martial conducted by the Armed Forces of the United
842 States, and includes a conviction or entry of a plea of guilty
843 or nolo contendere resulting in a sanction in any state of the
844 United States or other jurisdiction. A sanction includes, but is
845 not limited to, a fine, probation, community control, parole,
846 mandatory supervision conditional release, control release, or
847 incarceration in a state prison, federal prison, private
848 correctional facility, or local detention facility.
849 Section 11. Paragraph (a) of subsection (3) of section
850 775.261, Florida Statutes, is amended to read:
851 775.261 The Florida Career Offender Registration Act.—
852 (3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.—
853 (a) A career offender released on or after July 1, 2002,
854 from a sanction imposed in this state must register as required
855 under subsection (4) and is subject to community and public
856 notification as provided under subsection (5). For purposes of
857 this section, a sanction imposed in this state includes, but is
858 not limited to, a fine, probation, community control, parole,
859 mandatory supervision conditional release, control release, or
860 incarceration in a state prison, private correctional facility,
861 or local detention facility, and:
862 1. The career offender has not received a pardon for any
863 felony or other qualified offense that is necessary for the
864 operation of this paragraph; or
865 2. A conviction of a felony or other qualified offense
866 necessary to the operation of this paragraph has not been set
867 aside in any postconviction proceeding.
868 Section 12. Section 893.11, Florida Statutes, is amended to
869 read:
870 893.11 Suspension, revocation, and reinstatement of
871 business and professional licenses.—For the purposes of s.
872 120.60(6), any conviction in any court reported to the
873 Comprehensive Case Information System of the Florida Association
874 of Court Clerks and Comptrollers, Inc., for the sale of, or
875 trafficking in, a controlled substance or for conspiracy to
876 sell, or traffic in, a controlled substance constitutes an
877 immediate serious danger to the public health, safety, or
878 welfare, and is grounds for disciplinary action by the licensing
879 state agency. A state agency shall initiate an immediate
880 emergency suspension of an individual professional license
881 issued by the agency, in compliance with the procedures for
882 summary suspensions in s. 120.60(6), upon the agency’s findings
883 of the licensee’s conviction in any court reported to the
884 Comprehensive Case Information System of the Florida Association
885 of Court Clerks and Comptrollers, Inc., for the sale of, or
886 trafficking in, a controlled substance, or for conspiracy to
887 sell, or traffic in, a controlled substance. Before renewing any
888 professional license, a state agency that issues a professional
889 license must use the Comprehensive Case Information System of
890 the Florida Association of Court Clerks and Comptrollers, Inc.,
891 to obtain information relating to any conviction for the sale
892 of, or trafficking in, a controlled substance or for conspiracy
893 to sell, or traffic in, a controlled substance. The clerk of
894 court shall provide electronic access to each state agency at no
895 cost and also provide certified copies of the judgment upon
896 request to the agency. Upon a showing by any such convicted
897 defendant whose professional license has been suspended or
898 revoked pursuant to this section that his or her civil rights
899 have been restored or upon a showing that the convicted
900 defendant meets the following criteria, the agency head may
901 reinstate or reactivate such license when:
902 (1) The person has complied with the conditions of
903 paragraphs (a) and (b) which shall be monitored by the
904 Department of Corrections while the person is under any
905 supervisory sanction. If the person fails to comply with
906 provisions of these paragraphs by either failing to maintain
907 treatment or by testing positive for drug use, the department
908 shall notify the licensing agency, which shall revoke the
909 license. The person under supervision may:
910 (a) Seek evaluation and enrollment in, and once enrolled
911 maintain enrollment in until completion, a drug treatment and
912 rehabilitation program which is approved or regulated by the
913 Department of Children and Families. The treatment and
914 rehabilitation program shall be specified by:
915 1. The court, in the case of court-ordered supervisory
916 sanctions;
917 2. The Florida Commission on Offender Review, in the case
918 of parole, control release, or mandatory supervision conditional
919 release; or
920 3. The Department of Corrections, in the case of
921 imprisonment or any other supervision required by law.
922 (b) Submit to periodic urine drug testing pursuant to
923 procedures prescribed by the Department of Corrections. If the
924 person is indigent, the costs shall be paid by the Department of
925 Corrections; or
926 (2) The person has successfully completed an appropriate
927 program under the Correctional Education Program.
928 (3) As used in this section, the term “professional
929 license” includes any license, permit, or certificate that
930 authorizes a person to practice his or her profession. However,
931 the term does not include any of the taxes, fees, or permits
932 regulated, controlled, or administered by the Department of
933 Revenue in accordance with s. 213.05.
934 Section 13. Paragraphs (a) and (b) of subsection (1) of
935 section 943.0435, Florida Statutes, are amended to read:
936 943.0435 Sexual offenders required to register with the
937 department; penalty.—
938 (1) As used in this section, the term:
939 (a)1. “Sexual offender” means a person who meets the
940 criteria in sub-subparagraph a., sub-subparagraph b., sub
941 subparagraph c., or sub-subparagraph d., as follows:
942 a.(I) Has been convicted of committing, or attempting,
943 soliciting, or conspiring to commit, any of the criminal
944 offenses proscribed in the following statutes in this state or
945 similar offenses in another jurisdiction: s. 393.135(2); s.
946 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
947 the victim is a minor and the defendant is not the victim’s
948 parent or guardian; s. 787.06(3)(b), (d), (f), or (g); former s.
949 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s. 794.05;
950 former s. 796.03; former s. 796.035; s. 800.04; s. 810.145(8);
951 s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
952 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s.
953 916.1075(2); or s. 985.701(1); or any similar offense committed
954 in this state which has been redesignated from a former statute
955 number to one of those listed in this sub-sub-subparagraph; and
956 (II) Has been released on or after October 1, 1997, from
957 the sanction imposed for any conviction of an offense described
958 in sub-sub-subparagraph (I). For purposes of sub-sub
959 subparagraph (I), a sanction imposed in this state or in any
960 other jurisdiction includes, but is not limited to, a fine,
961 probation, community control, parole, mandatory supervision
962 conditional release, control release, or incarceration in a
963 state prison, federal prison, private correctional facility, or
964 local detention facility;
965 b. Establishes or maintains a residence in this state and
966 who has not been designated as a sexual predator by a court of
967 this state but who has been designated as a sexual predator, as
968 a sexually violent predator, or by another sexual offender
969 designation in another state or jurisdiction and was, as a
970 result of such designation, subjected to registration or
971 community or public notification, or both, or would be if the
972 person were a resident of that state or jurisdiction, without
973 regard to whether the person otherwise meets the criteria for
974 registration as a sexual offender;
975 c. Establishes or maintains a residence in this state who
976 is in the custody or control of, or under the supervision of,
977 any other state or jurisdiction as a result of a conviction for
978 committing, or attempting, soliciting, or conspiring to commit,
979 any of the criminal offenses proscribed in the following
980 statutes or similar offense in another jurisdiction: s.
981 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
982 787.025(2)(c), where the victim is a minor and the defendant is
983 not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
984 or (g); former s. 787.06(3)(h); s. 794.011, excluding s.
985 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s.
986 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s.
987 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
988 847.0145; s. 916.1075(2); or s. 985.701(1); or any similar
989 offense committed in this state which has been redesignated from
990 a former statute number to one of those listed in this sub
991 subparagraph; or
992 d. On or after July 1, 2007, has been adjudicated
993 delinquent for committing, or attempting, soliciting, or
994 conspiring to commit, any of the criminal offenses proscribed in
995 the following statutes in this state or similar offenses in
996 another jurisdiction when the juvenile was 14 years of age or
997 older at the time of the offense:
998 (I) Section 794.011, excluding s. 794.011(10);
999 (II) Section 800.04(4)(a)2. where the victim is under 12
1000 years of age or where the court finds sexual activity by the use
1001 of force or coercion;
1002 (III) Section 800.04(5)(c)1. where the court finds
1003 molestation involving unclothed genitals; or
1004 (IV) Section 800.04(5)(d) where the court finds the use of
1005 force or coercion and unclothed genitals.
1006 2. For all qualifying offenses listed in sub-subparagraph
1007 (1)(a)1.d., the court shall make a written finding of the age of
1008 the offender at the time of the offense.
1009
1010 For each violation of a qualifying offense listed in this
1011 subsection, except for a violation of s. 794.011, the court
1012 shall make a written finding of the age of the victim at the
1013 time of the offense. For a violation of s. 800.04(4), the court
1014 shall also make a written finding indicating whether the offense
1015 involved sexual activity and indicating whether the offense
1016 involved force or coercion. For a violation of s. 800.04(5), the
1017 court shall also make a written finding that the offense did or
1018 did not involve unclothed genitals or genital area and that the
1019 offense did or did not involve the use of force or coercion.
1020 (b) “Convicted” means that there has been a determination
1021 of guilt as a result of a trial or the entry of a plea of guilty
1022 or nolo contendere, regardless of whether adjudication is
1023 withheld, and includes an adjudication of delinquency of a
1024 juvenile as specified in this section. Conviction of a similar
1025 offense includes, but is not limited to, a conviction by a
1026 federal or military tribunal, including courts-martial conducted
1027 by the Armed Forces of the United States, and includes a
1028 conviction or entry of a plea of guilty or nolo contendere
1029 resulting in a sanction in any state of the United States or
1030 other jurisdiction. A sanction includes, but is not limited to,
1031 a fine, probation, community control, parole, mandatory
1032 supervision conditional release, control release, or
1033 incarceration in a state prison, federal prison, private
1034 correctional facility, or local detention facility.
1035 Section 14. Paragraph (a) of subsection (7) of section
1036 943.325, Florida Statutes, is amended to read:
1037 943.325 DNA database.—
1038 (7) COLLECTION OF DNA SAMPLES FROM OFFENDERS.—
1039 (a) Any qualifying offender, who is:
1040 1. Arrested in this state;
1041 2. Incarcerated in this state; or
1042 3. On probation, community control, parole, mandatory
1043 supervision conditional release, control release, or any other
1044 type of court-ordered supervision in this state,
1045
1046 shall be required to submit a DNA sample to a department
1047 designated facility.
1048 Section 15. Paragraph (a) of subsection (2) of section
1049 944.171, Florida Statutes, is amended to read:
1050 944.171 Housing of inmates.—
1051 (2) Notwithstanding s. 944.17, the department may enter
1052 into contracts with another state, a political subdivision of
1053 another state, or a correctional management services vendor in
1054 another state for the transfer and confinement in that state of
1055 inmates who have been committed to the custody of the
1056 department.
1057 (a) Any such contract must include:
1058 1. A termination date.
1059 2. Provisions concerning the costs of inmate maintenance,
1060 extraordinary medical and dental expenses, and any participation
1061 in or receipt by inmates of rehabilitative or correctional
1062 services, facilities, programs, or treatment, including those
1063 costs not reasonably included as part of normal maintenance.
1064 3. Provisions concerning participation in programs of
1065 inmate employment, if any, the disposition or crediting of any
1066 payments received by inmates on account of employment, and the
1067 crediting of proceeds or disposal of any products resulting from
1068 employment.
1069 4. Provisions for the delivery and retaking of inmates.
1070 5. A provision for a waiver of extradition by the parties
1071 to the contract.
1072 6. Retention of jurisdiction of the inmates transferred by
1073 Florida.
1074 7. Regular reporting procedures concerning Florida inmates
1075 by officials of the state, political subdivision, or
1076 correctional management services vendor with which the
1077 department is contracting.
1078 8. Provisions concerning procedures for community
1079 supervision, including probation, parole, mandatory supervision
1080 conditional release, and discharge.
1081 9. The same standards of reasonable and humane care as the
1082 inmates would receive in an appropriate institution in this
1083 state.
1084 10. Any other matters that are necessary and appropriate to
1085 establish the obligations, responsibilities, and rights of
1086 Florida and the state, political subdivision, or correctional
1087 management services vendor with which the department is
1088 contracting.
1089 Section 16. Subsection (1) of section 944.28, Florida
1090 Statutes, is amended to read:
1091 944.28 Forfeiture of gain-time and the right to earn gain
1092 time in the future.—
1093 (1) If a prisoner is convicted of escape, or if the
1094 clemency, mandatory supervision conditional release as described
1095 in chapter 947, probation or community control as described in
1096 chapter 948, provisional release as described in former s.
1097 944.277, parole, or control release as described in s. 947.146
1098 granted to the prisoner is revoked, the department may, without
1099 notice or hearing, declare a forfeiture of all gain-time earned
1100 according to the provisions of law by such prisoner prior to
1101 such escape or his or her release under such clemency, mandatory
1102 supervision conditional release, probation, community control,
1103 provisional release, control release, or parole.
1104 Section 17. Paragraph (a) of subsection (1) of section
1105 944.606, Florida Statutes, is amended to read:
1106 944.606 Sexual offenders; notification upon release.—
1107 (1) As used in this section:
1108 (a) “Convicted” means there has been a determination of
1109 guilt as a result of a trial or the entry of a plea of guilty or
1110 nolo contendere, regardless of whether adjudication is withheld.
1111 A conviction for a similar offense includes, but is not limited
1112 to, a conviction by a federal or military tribunal, including
1113 courts-martial conducted by the Armed Forces of the United
1114 States, and includes a conviction or entry of a plea of guilty
1115 or nolo contendere resulting in a sanction in any state of the
1116 United States or other jurisdiction. A sanction includes, but is
1117 not limited to, a fine; probation; community control; parole;
1118 mandatory supervision conditional release; control release; or
1119 incarceration in a state prison, federal prison, private
1120 correctional facility, or local detention facility.
1121 Section 18. Paragraph (c) of subsection (1) and subsection
1122 (6) of section 944.607, Florida Statutes, are amended to read:
1123 944.607 Notification to Department of Law Enforcement of
1124 information on sexual offenders.—
1125 (1) As used in this section, the term:
1126 (c) “Conviction” means a determination of guilt which is
1127 the result of a trial or the entry of a plea of guilty or nolo
1128 contendere, regardless of whether adjudication is withheld.
1129 Conviction of a similar offense includes, but is not limited to,
1130 a conviction by a federal or military tribunal, including
1131 courts-martial conducted by the Armed Forces of the United
1132 States, and includes a conviction or entry of a plea of guilty
1133 or nolo contendere resulting in a sanction in any state of the
1134 United States or other jurisdiction. A sanction includes, but is
1135 not limited to, a fine; probation; community control; parole;
1136 mandatory supervision conditional release; control release; or
1137 incarceration in a state prison, federal prison, private
1138 correctional facility, or local detention facility.
1139 (6) The information provided to the Department of Law
1140 Enforcement must include:
1141 (a) The information obtained from the sexual offender under
1142 subsection (4);
1143 (b) The sexual offender’s most current address, place of
1144 permanent, temporary, or transient residence within the state or
1145 out of state, and address, location or description, and dates of
1146 any current or known future temporary residence within the state
1147 or out of state, while the sexual offender is under supervision
1148 in this state, including the name of the county or municipality
1149 in which the offender permanently or temporarily resides, or has
1150 a transient residence, and address, location or description, and
1151 dates of any current or known future temporary residence within
1152 the state or out of state, and, if known, the intended place of
1153 permanent, temporary, or transient residence, and address,
1154 location or description, and dates of any current or known
1155 future temporary residence within the state or out of state upon
1156 satisfaction of all sanctions;
1157 (c) The legal status of the sexual offender and the
1158 scheduled termination date of that legal status;
1159 (d) The location of, and local telephone number for, any
1160 Department of Corrections’ office that is responsible for
1161 supervising the sexual offender;
1162 (e) An indication of whether the victim of the offense that
1163 resulted in the offender’s status as a sexual offender was a
1164 minor;
1165 (f) The offense or offenses at conviction which resulted in
1166 the determination of the offender’s status as a sex offender;
1167 and
1168 (g) A digitized photograph of the sexual offender which
1169 must have been taken within 60 days before the offender is
1170 released from the custody of the department or a private
1171 correctional facility by expiration of sentence under s. 944.275
1172 or must have been taken by January 1, 1998, or within 60 days
1173 after the onset of the department’s supervision of any sexual
1174 offender who is on probation, community control, mandatory
1175 supervision conditional release, parole, provisional release, or
1176 control release or who is supervised by the department under the
1177 Interstate Compact Agreement for Probationers and Parolees. If
1178 the sexual offender is in the custody of a private correctional
1179 facility, the facility shall take a digitized photograph of the
1180 sexual offender within the time period provided in this
1181 paragraph and shall provide the photograph to the department.
1182
1183 If any information provided by the department changes during the
1184 time the sexual offender is under the department’s control,
1185 custody, or supervision, including any change in the offender’s
1186 name by reason of marriage or other legal process, the
1187 department shall, in a timely manner, update the information and
1188 provide it to the Department of Law Enforcement in the manner
1189 prescribed in subsection (2).
1190 Section 19. Subsection (5) of section 944.608, Florida
1191 Statutes, is amended to read:
1192 944.608 Notification to Department of Law Enforcement of
1193 information on career offenders.—
1194 (5) The information provided to the Department of Law
1195 Enforcement must include:
1196 (a) The information obtained from the career offender under
1197 subsection (3);
1198 (b) The career offender’s most current address and place of
1199 permanent and temporary residence within the state or out of
1200 state while the career offender is under supervision in this
1201 state, including the name of the county or municipality in which
1202 the career offender permanently or temporarily resides and, if
1203 known, the intended place of permanent or temporary residence
1204 upon satisfaction of all sanctions;
1205 (c) The legal status of the career offender and the
1206 scheduled termination date of that legal status;
1207 (d) The location of, and local telephone number for, any
1208 Department of Corrections’ office that is responsible for
1209 supervising the career offender; and
1210 (e) A digitized photograph of the career offender, which
1211 must have been taken within 60 days before the career offender
1212 is released from the custody of the department or a private
1213 correctional facility or within 60 days after the onset of the
1214 department’s supervision of any career offender who is on
1215 probation, community control, mandatory supervision conditional
1216 release, parole, provisional release, or control release. If the
1217 career offender is in the custody or control of, or under the
1218 supervision of, a private correctional facility, the facility
1219 shall take a digitized photograph of the career offender within
1220 the time period provided in this paragraph and shall provide the
1221 photograph to the department.
1222 Section 20. Subsection (1) of section 944.70, Florida
1223 Statutes, is amended to read:
1224 944.70 Conditions for release from incarceration.—
1225 (1)(a) A person who is convicted of a crime committed on or
1226 after October 1, 1983, but before January 1, 1994, may be
1227 released from incarceration only:
1228 1. Upon expiration of the person’s sentence;
1229 2. Upon expiration of the person’s sentence as reduced by
1230 accumulated gain-time;
1231 3. As directed by an executive order granting clemency;
1232 4. Upon attaining the provisional release date;
1233 5. Upon placement in a mandatory supervision conditional
1234 release program pursuant to s. 947.1405; or
1235 6. Upon the granting of control release pursuant to s.
1236 947.146.
1237 (b) A person who is convicted of a crime committed on or
1238 after January 1, 1994, may be released from incarceration only:
1239 1. Upon expiration of the person’s sentence;
1240 2. Upon expiration of the person’s sentence as reduced by
1241 accumulated meritorious or incentive gain-time;
1242 3. As directed by an executive order granting clemency;
1243 4. Upon placement in a mandatory supervision conditional
1244 release program pursuant to s. 947.1405 or a conditional medical
1245 release program pursuant to s. 947.149; or
1246 5. Upon the granting of control release, including
1247 emergency control release, pursuant to s. 947.146.
1248 Section 21. Section 945.36, Florida Statutes, is amended to
1249 read:
1250 945.36 Exemption from health testing regulations for law
1251 enforcement personnel conducting drug tests on inmates and
1252 releasees.—
1253 (1) Any law enforcement officer, state or county probation
1254 officer, or employee of the Department of Corrections, who is
1255 certified by the Department of Corrections pursuant to
1256 subsection (2), is exempt from part I of chapter 483, for the
1257 limited purpose of administering a urine screen drug test to:
1258 (a) Persons during incarceration;
1259 (b) Persons released as a condition of probation for either
1260 a felony or misdemeanor;
1261 (c) Persons released as a condition of community control;
1262 (d) Persons released as a condition of mandatory
1263 supervision conditional release;
1264 (e) Persons released as a condition of parole;
1265 (f) Persons released as a condition of provisional release;
1266 (g) Persons released as a condition of pretrial release; or
1267 (h) Persons released as a condition of control release.
1268 (2) The Department of Corrections shall develop a procedure
1269 for certification of any law enforcement officer, state or
1270 county probation officer, or employee of the Department of
1271 Corrections to perform a urine screen drug test on the persons
1272 specified in subsection (1).
1273 Section 22. Subsection (2) of section 947.071, Florida
1274 Statutes, is amended to read:
1275 947.071 Rulemaking procedures; indexing of orders.—
1276 (2) The only final orders of the commission which must
1277 shall be indexed pursuant to chapter 120 are:
1278 (a) Orders granting parole.
1279 (b) Orders revoking parole.
1280 (c) Orders restoring to supervision.
1281 (d) Orders releasing from custody and further supervision.
1282 (e) Early parole termination orders.
1283 (f) Orders granting mandatory supervision conditional
1284 release.
1285 (g) Orders revoking mandatory supervision conditional
1286 release.
1287 Section 23. Paragraph (f) of subsection (1) of section
1288 947.13, Florida Statutes, is amended to read:
1289 947.13 Powers and duties of commission.—
1290 (1) The commission shall have the powers and perform the
1291 duties of:
1292 (f) Establishing the terms and conditions of persons
1293 released on mandatory supervision conditional release under s.
1294 947.1405, and determining subsequent ineligibility for mandatory
1295 supervision conditional release due to a violation of the terms
1296 or conditions of mandatory supervision conditional release and
1297 taking action with respect to such a violation.
1298 Section 24. Subsection (2) of section 947.22, Florida
1299 Statutes, is amended to read:
1300 947.22 Authority to arrest parole violators with or without
1301 warrant.—
1302 (2) Any parole and probation officer, if she or he has
1303 reasonable ground to believe that a parolee, control releasee,
1304 or mandatory supervision conditional releasee has violated the
1305 terms and conditions of her or his parole, control release, or
1306 mandatory supervision conditional release in a material respect,
1307 has the right to arrest the releasee or parolee without warrant
1308 and bring her or him forthwith before one or more commissioners
1309 or a duly authorized representative of the Florida Commission on
1310 Offender Review or Control Release Authority; and proceedings
1311 shall thereupon be had as provided herein when a warrant has
1312 been issued by a member of the commission or authority or a duly
1313 authorized representative of the commission or authority.
1314 Section 25. Subsections (1) and (2) of section 947.24,
1315 Florida Statutes, are amended to read:
1316 947.24 Discharge from parole supervision or release
1317 supervision.—
1318 (1) When a person is placed on parole, control release, or
1319 mandatory supervision conditional release, the commission shall
1320 determine the period of time the person will be under parole
1321 supervision or release supervision in the following manner:
1322 (a) If the person is being paroled or released under
1323 supervision from a single or concurrent sentence, the period of
1324 time the person will be under parole supervision or release
1325 supervision may not exceed 2 years unless the commission
1326 designates a longer period of time, in which case it must advise
1327 the parolee or releasee in writing of the reasons for the
1328 extended period. In any event, the period of parole supervision
1329 or release supervision may not exceed the maximum period for
1330 which the person has been sentenced.
1331 (b) If the person is being paroled or released under
1332 supervision from a consecutive sentence or sentences, the period
1333 of time the person will be under parole supervision or release
1334 supervision will be for the maximum period for which the person
1335 was sentenced.
1336 (2) The commission shall review the progress of each person
1337 who has been placed on parole, control release, or mandatory
1338 supervision conditional release after 2 years of supervision in
1339 the community and biennially thereafter. The department shall
1340 provide to the commission the information necessary to conduct
1341 such a review. Such review must include consideration of whether
1342 to modify the reporting schedule, thereby authorizing the person
1343 under parole supervision or release supervision to submit
1344 reports quarterly, semiannually, or annually. The commission,
1345 after having retained jurisdiction of a person for a sufficient
1346 length of time to evidence satisfactory rehabilitation and
1347 cooperation, may further modify the terms and conditions of the
1348 person’s parole, control release, or mandatory supervision
1349 conditional release, may discharge the person from parole
1350 supervision or release supervision, may relieve the person from
1351 making further reports, or may permit the person to leave the
1352 state or country, upon finding that such action is in the best
1353 interests of the person and society.
1354 Section 26. Paragraph (a) of subsection (1) and subsection
1355 (3) of section 948.09, Florida Statutes, are amended to read:
1356 948.09 Payment for cost of supervision and rehabilitation.—
1357 (1)(a)1. Any person ordered by the court, the Department of
1358 Corrections, or the Florida Commission on Offender Review to be
1359 placed on probation, drug offender probation, community control,
1360 parole, control release, provisional release supervision,
1361 addiction-recovery supervision, or mandatory conditional release
1362 supervision under this chapter, chapter 944, chapter 945,
1363 chapter 947, or chapter 958, or in a pretrial intervention
1364 program, must, as a condition of any placement, pay the
1365 department a total sum of money equal to the total month or
1366 portion of a month of supervision times the court-ordered
1367 amount, but not to exceed the actual per diem cost of the
1368 supervision. The department shall adopt rules by which an
1369 offender who pays in full and in advance of regular termination
1370 of supervision may receive a reduction in the amount due. The
1371 rules shall incorporate provisions by which the offender’s
1372 ability to pay is linked to an established written payment plan.
1373 Funds collected from felony offenders may be used to offset
1374 costs of the Department of Corrections associated with community
1375 supervision programs, subject to appropriation by the
1376 Legislature.
1377 2. In addition to any other contribution or surcharge
1378 imposed by this section, each felony offender assessed under
1379 this paragraph shall pay a $2-per-month surcharge to the
1380 department. The surcharge shall be deemed to be paid only after
1381 the full amount of any monthly payment required by the
1382 established written payment plan has been collected by the
1383 department. These funds shall be used by the department to pay
1384 for correctional probation officers’ training and equipment,
1385 including radios, and firearms training, firearms, and attendant
1386 equipment necessary to train and equip officers who choose to
1387 carry a concealed firearm while on duty. This subparagraph does
1388 not limit the department’s authority to determine who shall be
1389 authorized to carry a concealed firearm while on duty, or limit
1390 the right of a correctional probation officer to carry a
1391 personal firearm approved by the department.
1392 (3) Any failure to pay contribution as required under this
1393 section may constitute a ground for the revocation of probation
1394 by the court, the revocation of parole or mandatory supervision
1395 conditional release by the Florida Commission on Offender
1396 Review, the revocation of control release by the Control Release
1397 Authority, or removal from the pretrial intervention program by
1398 the state attorney. The Department of Corrections may exempt a
1399 person from the payment of all or any part of the contribution
1400 if it finds any of the following factors to exist:
1401 (a) The offender has diligently attempted, but has been
1402 unable, to obtain employment which provides him or her
1403 sufficient income to make such payments.
1404 (b) The offender is a student in a school, college,
1405 university, or course of career training designed to fit the
1406 student for gainful employment. Certification of such student
1407 status shall be supplied to the Secretary of Corrections by the
1408 educational institution in which the offender is enrolled.
1409 (c) The offender has an employment handicap, as determined
1410 by a physical, psychological, or psychiatric examination
1411 acceptable to, or ordered by, the secretary.
1412 (d) The offender’s age prevents him or her from obtaining
1413 employment.
1414 (e) The offender is responsible for the support of
1415 dependents, and the payment of such contribution constitutes an
1416 undue hardship on the offender.
1417 (f) The offender has been transferred outside the state
1418 under an interstate compact adopted pursuant to chapter 949.
1419 (g) There are other extenuating circumstances, as
1420 determined by the secretary.
1421 Section 27. Section 948.32, Florida Statutes, is amended to
1422 read:
1423 948.32 Requirements of law enforcement agency upon arrest
1424 of persons for certain sex offenses.—
1425 (1) When any state or local law enforcement agency
1426 investigates or arrests a person for committing, or attempting,
1427 soliciting, or conspiring to commit, a violation of s.
1428 787.025(2)(c), s. 787.06(3)(g), chapter 794, former s. 796.03,
1429 s. 800.04, s. 827.071, s. 847.0133, s. 847.0135, or s. 847.0145,
1430 the law enforcement agency shall contact the Department of
1431 Corrections to verify whether the person under investigation or
1432 under arrest is on probation, community control, parole,
1433 mandatory supervision conditional release, or control release.
1434 (2) If the law enforcement agency finds that the person
1435 under investigation or under arrest is on probation, community
1436 control, parole, mandatory supervision conditional release, or
1437 control release, the law enforcement agency shall immediately
1438 notify the person’s probation officer or release supervisor of
1439 the investigation or the arrest.
1440 Section 28. Subsection (6) of section 957.06, Florida
1441 Statutes, is amended to read:
1442 957.06 Powers and duties not delegable to contractor.—A
1443 contract entered into under this chapter does not authorize,
1444 allow, or imply a delegation of authority to the contractor to:
1445 (6) Make recommendations to the Florida Commission on
1446 Offender Review with respect to the denial or granting of
1447 parole, control release, mandatory supervision conditional
1448 release, or conditional medical release. However, the contractor
1449 may submit written reports to the Florida Commission on Offender
1450 Review and must respond to a written request by the Florida
1451 Commission on Offender Review for information.
1452 Section 29. The Conditional Release Program Act, ss.
1453 947.1405 and 947.141, Florida Statutes, which is renamed by the
1454 amendments made by this act to s. 947.1405(1), Florida Statutes,
1455 is continued as the Mandatory Supervision Program Act.
1456 Section 30. This act shall take effect October 1, 2015.