CODING: Words stricken are deletions; words underlined are additions.

House Bill 1347e1

CS/HB 1347, First Engrossed 1 A bill to be entitled 2 An act relating to corrections; amending s. 3 775.084, F.S.; clarifying that the gain-time 4 that the Department of Corrections may award to 5 a habitual felony offender, a habitual violent 6 felony offender, or a violent career criminal 7 is limited to monthly incentive gain-time; 8 amending s. 921.0017, F.S.; clarifying that 9 credit for time served means time spent in 10 state prison or county jail on the same 11 offense; amending s. 944.279, F.S.; providing 12 that a prisoner who is found to have brought a 13 frivolous or malicious action or brought false 14 information before the court is subject to 15 disciplinary procedures; defining the term 16 "prisoner"; amending s. 944.35, F.S., relating 17 to authorized use of force by a departmental 18 employee against an inmate or supervised 19 offender; removing requirement that a report on 20 such use of force be kept in the file of an 21 employee; providing for notation of a 22 use-of-force incident and outcome in the file 23 of an employee; amending s. 944.472, F.S., 24 relating to drug-free corrections; providing 25 legislative findings and purposes with respect 26 to reasonable suspicion of substance-abuse 27 testing programs for inmates; amending s. 28 944.473, F.S.; providing for adoption of rules 29 for such programs; amending s. 944.801, F.S., 30 relating to education for state prisoners; 31 entitling certain inmates who qualify for 1 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1347, First Engrossed 1 special educational services and programs under 2 federal law to request hearings before the 3 Division of Administrative Hearings; providing 4 that administrative law judges are not required 5 to travel to state and private correctional 6 institutions and facilities to conduct such 7 hearings; amending s. 948.01, F.S., relating to 8 the court's authority to place a defendant on 9 probation or community control; authorizing the 10 court to revoke, modify, or continue 11 supervision upon violation; providing certain 12 sentencing authority upon violation; 13 prohibiting the court from awarding credit for 14 time served under certain circumstances; 15 providing limitations on the court for 16 subsequent supervision upon violation; amending 17 s. 948.03, F.S., relating to terms and 18 conditions of probation or community control; 19 deleting attendance at an HIV/AIDS awareness 20 program as a standard condition; authorizing 21 courts to impose such a condition if such a 22 program is available as specified; amending s. 23 948.06, F.S.; prohibiting the award of credit 24 for time served while on probation or community 25 control for subsequent terms of supervision 26 following a revocation of probation or 27 community control; providing limitations on the 28 court for imposing a subsequent term of 29 supervision following revocation; amending s. 30 947.04, F.S.; authorizing the chairman of the 31 Parole Commission to serve successive terms; 2 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1347, First Engrossed 1 amending s. 947.1405, F.S.; clarifying the 2 inclusion of violent career criminals as 3 eligible for conditional release supervision; 4 clarifying that conditional release supervision 5 applies to all sentences of an inmate if the 6 inmate's overall sentences include one or more 7 sentences that are eligible for conditional 8 release supervision; providing an effective 9 date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Paragraph (j) of subsection (4) of section 14 775.084, Florida Statutes, 1996 Supplement, is amended to 15 read: 16 775.084 Violent career criminals; habitual felony 17 offenders and habitual violent felony offenders; definitions; 18 procedure; enhanced penalties.-- 19 (4) 20 (j)1. A defendant sentenced under this section as a 21 habitual felony offender, a habitual violent felony offender, 22 or a violent career criminal is eligible for gain-time granted 23 by the Department of Corrections as provided in s. 24 944.275(4)(b) s. 944.275(4). 25 2. For an offense committed on or after October 1, 26 1995, a defendant sentenced under this section as a violent 27 career criminal is not eligible for any form of discretionary 28 early release, other than pardon or executive clemency, or 29 conditional medical release granted pursuant to s. 947.149. 30 Section 2. Section 921.0017, Florida Statutes, is 31 amended to read: 3 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1347, First Engrossed 1 921.0017 Credit upon recommitment of offender serving 2 split sentence.--Effective for offenses committed on or after 3 January 1, 1994, if an offender's probation or community 4 control is revoked and the offender is serving a split 5 sentence pursuant to s. 948.01, upon recommitment to the 6 Department of Corrections, the court shall order credit for 7 time served in state prison or county jail only, without 8 considering any type of gain-time earned before release to 9 supervision, or any type of sentence reduction granted to 10 avoid prison overcrowding, including, but not limited to, any 11 sentence reduction resulting from administrative gain-time, 12 provisional credits, or control release. The court shall 13 determine the amount of jail-time credit to be awarded for 14 time served between the date of arrest as a violator and the 15 date of recommitment, and shall direct the Department of 16 Corrections to compute and apply credit for all other time 17 served previously on the prior sentence for the offense for 18 which the offender is being recommitted. This section does 19 not affect or limit the department's authority to forfeit 20 gain-time under ss. 944.28(1) and 948.06(6). 21 Section 3. Section 944.279, Florida Statutes, 1996 22 Supplement, is amended to read: 23 944.279 Disciplinary procedures applicable to prisoner 24 Loss of gain-time for filing frivolous or malicious actions or 25 bringing false information before court.-- 26 (1) At any time, and upon its own motion or on motion 27 of a party, a court may conduct an inquiry into whether any 28 action or appeal brought by a prisoner was brought in good 29 faith. A prisoner who is found by a court to have brought a 30 frivolous or malicious suit, action, claim, proceeding, or 31 appeal in any court of this state or in any federal court, 4 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1347, First Engrossed 1 which is filed after June 30, 1996, or who knowingly or with 2 reckless disregard for the truth brought false information or 3 evidence before the court, is subject to disciplinary 4 procedures pursuant to the rules of the Department of 5 Corrections forfeiture of gain-time and the right to earn 6 gain-time. The court shall issue a written finding and direct 7 that a certified copy be forwarded to the appropriate 8 institution or facility for disciplinary procedures pursuant 9 to the rules of the department action as provided in s. 944.09 10 944.28(2). 11 (2) This section does not apply to a criminal 12 proceeding or a collateral criminal proceeding. 13 (3) For purposes of this section, "prisoner" means a 14 person who is convicted of a crime and is incarcerated for 15 that crime or who is being held in custody pending extradition 16 or sentencing. 17 Section 4. Subsection (2) of section 944.35, Florida 18 Statutes, 1996 Supplement, is amended to read: 19 944.35 Authorized use of force; malicious battery and 20 sexual misconduct prohibited; reporting required; penalties.-- 21 (2) Each employee of the department who either applies 22 physical force or was responsible for making the decision to 23 apply physical force upon an inmate or an offender supervised 24 by the department in the community pursuant to this subsection 25 shall prepare, date, and sign an independent report within 5 26 working days of the incident. The report shall be delivered to 27 the superintendent or the regional administrator, who shall 28 have an investigation made and shall approve or disapprove the 29 force used. The employee's report, together with the 30 superintendent's or regional administrator's written approval 31 or disapproval of the force used and the reasons therefor, 5 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1347, First Engrossed 1 shall be forwarded within 5 working days of the date of the 2 completion of the investigation to the regional director. The 3 regional director shall, in writing, concur in the 4 superintendent's or regional administrator's evaluation or 5 disapprove it. Copies of the employee's report, the 6 superintendent's or regional administrator's evaluation, and 7 the regional director's review shall be kept in the files of 8 both the inmate or the offender supervised by the department 9 in the community, and the employee. A notation of each 10 incident involving use of force and the outcome based on the 11 superintendent's or regional director's evaluation and the 12 regional administrator's review shall be kept in the 13 employee's file. 14 Section 5. Paragraph (c) of subsection (1) and 15 subsection (2) of section 944.472, Florida Statutes, are 16 amended to read: 17 944.472 Drug-free corrections; legislative findings 18 and purposes.-- 19 (1) FINDINGS.--The Legislature finds that: 20 (c) Certain substance abuse testing standards are 21 necessary to ensure uniform and economical application of 22 policy throughout the state's institutions and to protect both 23 inmates and employers participating in random and reasonable 24 suspicion substance abuse testing programs. 25 (2) PURPOSES.--The purposes of the Drug-Free 26 Corrections Act of 1992 are to: 27 (a) Promote the goal of a drug-free correctional 28 system through fair, economical, and reasonable methods of 29 random and reasonable suspicion substance abuse testing of 30 inmates for the protection of inmates, employees, employers, 31 and the public. 6 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1347, First Engrossed 1 (b) Establish an aggressive, routine random substance 2 abuse testing program and a reasonable suspicion substance 3 abuse testing program to identify substance-abusing inmates, 4 determine appropriate treatment, and provide a strong 5 deterrent to future substance abuse. 6 Section 6. Subsections (1) and (3) of section 944.473, 7 Florida Statutes, are amended to read: 8 944.473 Inmate substance abuse testing program.-- 9 (1) RULES AND PROCEDURES.--The department shall 10 establish programs a program for random and reasonable 11 suspicion drug and alcohol testing by urinalysis or other 12 noninvasive procedure for inmates to effectively identify 13 those inmates abusing drugs, alcohol, or both. The department 14 shall also adopt rules relating to fair, economical, and 15 accurate operations and procedures of a random inmate 16 substance abuse testing program and a reasonable suspicion 17 substance abuse testing program by urinalysis or other 18 noninvasive procedure which enumerate penalties for positive 19 test results, including but not limited to the forfeiture of 20 both basic and incentive gain-time, and which do not limit the 21 number of times an inmate may be tested in any one fiscal or 22 calendar year. 23 (3) REPORTING REQUIREMENT.--The department shall, as 24 part of its annual report, report the number of random and 25 reasonable suspicion substance abuse tests administered in the 26 fiscal year, the number of positive results obtained, the 27 number of negative results obtained, the number of inmates 28 requesting and participating in substance abuse treatment 29 programs as the result of a positive random or reasonable 30 suspicion substance abuse test, and the number of repeat 31 substance abuse offenders. 7 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1347, First Engrossed 1 Section 7. Subsection (4) is added to section 944.801, 2 Florida Statutes, 1996 Supplement, to read: 3 944.801 Education for state prisoners.-- 4 (4) Notwithstanding s. 120.81(3), all inmates under 22 5 years of age who qualify for special educational services and 6 programs pursuant to the Individuals with Disabilities 7 Education Act, 20 U.S.C. ss. 1400 et seq., and who request a 8 due process hearing as provided by that act shall be entitled 9 to such hearing before the Division of Administrative 10 Hearings. Administrative law judges shall not be required to 11 travel to state or private correctional institutions and 12 facilities in order to conduct these hearings. 13 Section 8. Subsection (11) of section 948.01, Florida 14 Statutes, 1996 Supplement, is amended to read: 15 948.01 When court may place defendant on probation or 16 into community control.-- 17 (11) The court may also impose a split sentence 18 whereby the defendant is sentenced to a term of probation 19 which may be followed by a period of incarceration or, with 20 respect to a felony, into community control, as follows: 21 (a) If the offender meets the terms and conditions of 22 probation or community control, any term of incarceration may 23 be modified by court order to eliminate the term of 24 incarceration. 25 (b) If the offender does not meet the terms and 26 conditions of probation or community control, the court may 27 revoke, modify, or continue the probation or community control 28 as provided in s. 948.06. If the probation or community 29 control is revoked, the court may impose any sentence that it 30 could have imposed at the time the offender was placed on 31 probation or community control. The court may not provide 8 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1347, First Engrossed 1 credit for time served for any portion of a probation of 2 community control term toward a subsequent term of probation 3 or community control. However, the court may not impose a 4 subsequent term of probation or community control which, when 5 combined with any amount of time served on preceding terms of 6 probation or community control for offenses pending before the 7 court for sentencing, would exceed the maximum penalty 8 allowable as provided in s. 775.082 shall impose a term of 9 incarceration equal to the remaining portion of the order of 10 probation or community control. Such term of incarceration 11 shall be served under applicable law or county ordinance 12 governing service of sentences in state or county 13 jurisdiction. This paragraph does not prohibit any other 14 sanction provided by law. 15 Section 9. Subsection (1) of section 948.03, Florida 16 Statutes, 1996 Supplement, is amended to read: 17 948.03 Terms and conditions of probation or community 18 control.-- 19 (1) The court shall determine the terms and conditions 20 of probation or community control. Conditions specified in 21 paragraphs (a) through and including (m) (n) do not require 22 oral pronouncement at the time of sentencing and may be 23 considered standard conditions of probation. Conditions 24 specified in paragraphs (a) through and including (m) (n) and 25 (2)(a) do not require oral pronouncement at sentencing and may 26 be considered standard conditions of community control. These 27 conditions may include among them the following, that the 28 probationer or offender in community control shall: 29 (a) Report to the probation and parole supervisors as 30 directed. 31 9 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1347, First Engrossed 1 (b) Permit such supervisors to visit him at his home 2 or elsewhere. 3 (c) Work faithfully at suitable employment insofar as 4 may be possible. 5 (d) Remain within a specified place. 6 (e) Make reparation or restitution to the aggrieved 7 party for the damage or loss caused by his offense in an 8 amount to be determined by the court. The court shall make 9 such reparation or restitution a condition of probation, 10 unless it determines that clear and compelling reasons exist 11 to the contrary. If the court does not order restitution, or 12 orders restitution of only a portion of the damages, as 13 provided in s. 775.089, it shall state on the record in detail 14 the reasons therefor. 15 (f) Effective July 1, 1994, and applicable for 16 offenses committed on or after that date, make payment of the 17 debt due and owing to a county or municipal detention facility 18 under s. 951.032 for medical care, treatment, hospitalization, 19 or transportation received by the felony probationer while in 20 that detention facility. The court, in determining whether to 21 order such repayment and the amount of such repayment, shall 22 consider the amount of the debt, whether there was any fault 23 of the institution for the medical expenses incurred, the 24 financial resources of the felony probationer, the present and 25 potential future financial needs and earning ability of the 26 probationer, and dependents, and other appropriate factors. 27 (g) Support his legal dependents to the best of his 28 ability. 29 (h) Make payment of the debt due and owing to the 30 state under s. 960.17, subject to modification based on change 31 of circumstances. 10 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1347, First Engrossed 1 (i) Pay any attorney's fees and costs assessed under 2 s. 27.56, subject to modification based on change of 3 circumstances. 4 (j) Not associate with persons engaged in criminal 5 activities. 6 (k)1. Submit to random testing as directed by the 7 correctional probation officer or the professional staff of 8 the treatment center where he is receiving treatment to 9 determine the presence or use of alcohol or controlled 10 substances. 11 2. If the offense was a controlled substance violation 12 and the period of probation immediately follows a period of 13 incarceration in the state correction system, the conditions 14 shall include a requirement that the offender submit to random 15 substance abuse testing intermittently throughout the term of 16 supervision, upon the direction of the correctional probation 17 officer as defined in s. 943.10(3). 18 (l) Be prohibited from possessing, carrying, or owning 19 any firearm unless authorized by the court and consented to by 20 the probation officer. 21 (m) Be prohibited from using intoxicants to excess or 22 possessing any drugs or narcotics unless prescribed by a 23 physician. The probationer or community controlee shall not 24 knowingly visit places where intoxicants, drugs, or other 25 dangerous substances are unlawfully sold, dispensed, or used. 26 (n) Attend an HIV/AIDS awareness program consisting of 27 a class of not less than 2 hours or more than 4 hours in 28 length, the cost for which shall be paid by the offender, if 29 such a program is available in the county of the offender's 30 residence. 31 11 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1347, First Engrossed 1 (o) Pay not more than $1 per month during the term of 2 probation or community control to a nonprofit organization 3 established for the sole purpose of supplementing the 4 rehabilitative efforts of the Department of Corrections. 5 Section 10. Section 948.06, Florida Statutes, is 6 amended to read: 7 948.06 Violation of probation or community control; 8 revocation; modification; continuance; failure to pay 9 restitution or cost of supervision.-- 10 (1) Whenever within the period of probation or 11 community control there are reasonable grounds to believe that 12 a probationer or offender in community control has violated 13 his probation or community control in a material respect, any 14 parole or probation supervisor may arrest or request any 15 county or municipal law enforcement officer to arrest such 16 probationer or offender without warrant wherever found and 17 forthwith return him to the court granting such probation or 18 community control. Any committing magistrate may issue a 19 warrant, upon the facts being made known to him by affidavit 20 of one having knowledge of such facts, for the arrest of the 21 probationer or offender, returnable forthwith before the court 22 granting such probation or community control. Any parole or 23 probation supervisor, any officer authorized to serve criminal 24 process, or any peace officer of this state is authorized to 25 serve and execute such warrant. The court, upon the 26 probationer or offender being brought before it, shall advise 27 him of such charge of violation and, if such charge is 28 admitted to be true, may forthwith revoke, modify, or continue 29 the probation or community control or place the probationer 30 into a community control program. If probation or community 31 control is revoked, the court shall adjudge the probationer or 12 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1347, First Engrossed 1 offender guilty of the offense charged and proven or admitted, 2 unless he has previously been adjudged guilty, and impose any 3 sentence which it might have originally imposed before placing 4 the probationer on probation or the offender into community 5 control. If such violation of probation or community control 6 is not admitted by the probationer or offender, the court may 7 commit him or release him with or without bail to await 8 further hearing, or it may dismiss the charge of probation or 9 community control violation. If such charge is not at that 10 time admitted by the probationer or offender and if it is not 11 dismissed, the court, as soon as may be practicable, shall 12 give the probationer or offender an opportunity to be fully 13 heard on his behalf in person or by counsel. After such 14 hearing, the court may revoke, modify, or continue the 15 probation or community control or place the probationer into 16 community control. If such probation or community control is 17 revoked, the court shall adjudge the probationer or offender 18 guilty of the offense charged and proven or admitted, unless 19 he has previously been adjudged guilty, and impose any 20 sentence which it might have originally imposed before placing 21 the probationer or offender on probation or into community 22 control. 23 (2) When the court imposes a subsequent term of 24 supervision following a revocation of probation or community 25 control, it shall not provide credit for time served while on 26 probation or community control toward any subsequent term of 27 probation or community control. However, the court may not 28 impose a subsequent term of probation or community control 29 which, when combined with any amount of time served on 30 preceding terms of probation or community control for offenses 31 before the court for sentencing, would exceed the maximum 13 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1347, First Engrossed 1 penalty allowable as provided by s. 775.082. No part of the 2 time that the defendant is on probation or in community 3 control shall be considered as any part of the time that he or 4 she shall be sentenced to serve. 5 (3) Notwithstanding any other provision of this 6 section, a probationer or an offender in community control who 7 is arrested for violating his probation or community control 8 in a material respect may be taken before the court in the 9 county or circuit in which he was arrested. That court shall 10 advise him of such charge of a violation and, if such charge 11 is admitted, shall cause him to be brought before the court 12 which granted the probation or community control. If such 13 violation is not admitted by the probationer or offender, the 14 court may commit him or release him with or without bail to 15 await further hearing. The court, as soon as is practicable, 16 shall give the probationer or offender an opportunity to be 17 fully heard on his behalf in person or by counsel. After such 18 hearing, the court shall make findings of fact and forward the 19 findings to the court which granted the probation or community 20 control and to the probationer or offender or his attorney. 21 The findings of fact by the hearing court are binding on the 22 court which granted the probation or community control. Upon 23 the probationer or offender being brought before it, the court 24 which granted the probation or community control may revoke, 25 modify, or continue the probation or community control or may 26 place the probationer into community control as provided in 27 this section. 28 (4) In any hearing in which the failure of a 29 probationer or offender in community control to pay 30 restitution or the cost of supervision as provided in s. 31 948.09, as directed, is established by the state, if the 14 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1347, First Engrossed 1 probationer or offender asserts his inability to pay 2 restitution or the cost of supervision, it is incumbent upon 3 him to prove by clear and convincing evidence that he does not 4 have the present resources available to pay restitution or the 5 cost of supervision despite sufficient bona fide efforts 6 legally to acquire the resources to do so. If the probationer 7 or offender cannot pay restitution or the cost of supervision 8 despite sufficient bona fide efforts, the court shall consider 9 alternate measures of punishment other than imprisonment. 10 Only if alternate measures are not adequate to meet the 11 state's interests in punishment and deterrence may the court 12 imprison a probationer or offender in community control who 13 has demonstrated sufficient bona fide efforts to pay 14 restitution or the cost of supervision. 15 (5) Any parolee in a community control program who has 16 allegedly violated the terms and conditions of such placement 17 is subject to the provisions of ss. 947.22 and 947.23. 18 (6) Any provision of law to the contrary 19 notwithstanding, whenever probation, community control, or 20 control release, including the probationary, community control 21 portion of a split sentence, is violated and the probation or 22 community control is revoked, the offender, by reason of his 23 misconduct, may be deemed to have forfeited all gain-time or 24 commutation of time for good conduct, as provided by law, 25 earned up to the date of his release on probation, community 26 control, or control release. This subsection does not deprive 27 the prisoner of his right to gain-time or commutation of time 28 for good conduct, as provided by law, from the date on which 29 he is returned to prison. However, if a prisoner is sentenced 30 to incarceration following termination from a drug punishment 31 program imposed as a condition of probation, the sentence may 15 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1347, First Engrossed 1 include incarceration without the possibility of gain-time or 2 early release for the period of time remaining in his 3 treatment program placement term. 4 Section 11. Section 947.04, Florida Statutes, 1996 5 Supplement, is amended to read: 6 947.04 Organization of commission; officers; 7 offices.-- 8 (1) Before July 1 of each even-numbered year, the 9 Governor and Cabinet shall select a chairman who shall serve 10 for a period of 2 years and until a successor is selected and 11 qualified. The Governor and Cabinet shall, at the same time 12 that a chairman is selected, select a vice chairman to serve 13 during the same 2-year period as the chairman, in the absence 14 of the chairman. The chairman may not succeed himself or 15 herself. The chairman, as chief administrative officer of the 16 commission, has the authority and responsibility to plan, 17 direct, coordinate, and execute the powers, duties, and 18 responsibilities assigned to the commission, except those of 19 granting and revoking parole as provided for in this chapter. 20 Subject to approval by the Governor and the Cabinet, the 21 chairman may assign consenting retired commissioners or former 22 commissioners to temporary duty when there is a workload need. 23 Any such commissioner shall be paid $100 for each day or 24 portion of a day spent on the work of the commission and shall 25 be reimbursed for travel expenses as provided in s. 112.061. 26 The chairman is authorized to provide or disseminate 27 information relative to parole by means of documents, 28 seminars, programs, or otherwise as he determines necessary. 29 The chairman shall establish, execute, and be held accountable 30 for all administrative policy decisions. However, decisions to 31 grant or revoke parole shall be made in accordance with the 16 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1347, First Engrossed 1 provisions of ss. 947.172, 947.174, and 947.23. The 2 commissioners shall be directly accountable to the chairman in 3 the execution of their duties as commissioners, and the 4 chairman has authority to recommend to the Governor suspension 5 of a commissioner who fails to perform the duties provided for 6 by statute. 7 (2) Notwithstanding the provisions of s. 20.05(1)(g), 8 the chairman shall appoint administrators with responsibility 9 for the management of commission activities in the following 10 functional areas: 11 (a) Administration. 12 (b) Operations. 13 (c) Clemency. 14 (3) The commissioners shall select from their number a 15 secretary who shall serve for a period of 1 year or until a 16 successor is elected and qualified. 17 (4) The commission may establish and maintain offices 18 in centrally and conveniently located places in Florida. 19 Headquarters shall be located in Tallahassee. The business of 20 the commission shall be transacted anywhere in the state as 21 provided in s. 947.06. The commission shall keep its official 22 records and papers at the headquarters, which it shall furnish 23 and equip. 24 (5) Acts and decisions of the chairman may be modified 25 as provided in s. 947.06. 26 Section 12. Section 947.1405, Florida Statutes, 1996 27 Supplement, is amended to read: 28 947.1405 Conditional release program.-- 29 (1) This section and s. 947.141 may be cited as the 30 "Conditional Release Program Act." 31 (2) Any inmate who: 17 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1347, First Engrossed 1 (a) Is convicted of a crime committed on or after 2 October 1, 1988, and before January 1, 1994, and any inmate 3 who is convicted of a crime committed on or after January 1, 4 1994, which crime is or was contained in category 1, category 5 2, category 3, or category 4 of Rule 3.701 and Rule 3.988, 6 Florida Rules of Criminal Procedure (1993), and who has served 7 at least one prior felony commitment at a state or federal 8 correctional institution; 9 (b) Is sentenced as a habitual or violent habitual 10 offender or violent career criminal pursuant to s. 775.084; or 11 (c) Is found to be a sexual predator under s. 775.21 12 or former s. 775.23, 13 14 shall, upon reaching the tentative release date or provisional 15 release date, whichever is earlier, as established by the 16 Department of Corrections, be released under supervision 17 subject to specified terms and conditions, including payment 18 of the cost of supervision pursuant to s. 948.09. Such 19 supervision is applicable to all sentences within the overall 20 term of sentences if an inmate's overall term of sentences 21 includes one or more sentences that are eligible for 22 conditional release supervision as provided in this section. 23 Effective July 1, 1994, and applicable for offenses committed 24 on or after that date, the commission may require, as a 25 condition of conditional release, that the releasee make 26 payment of the debt due and owing to a county or municipal 27 detention facility under s. 951.032 for medical care, 28 treatment, hospitalization, or transportation received by the 29 releasee while in that detention facility. The commission, in 30 determining whether to order such repayment and the amount of 31 such repayment, shall consider the amount of the debt, whether 18 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1347, First Engrossed 1 there was any fault of the institution for the medical 2 expenses incurred, the financial resources of the releasee, 3 the present and potential future financial needs and earning 4 ability of the releasee, and dependents, and other appropriate 5 factors. If an inmate has received a term of probation or 6 community control supervision to be served after release from 7 incarceration, the period of probation or community control 8 must be substituted for the conditional release supervision. A 9 panel of no fewer than two commissioners shall establish the 10 terms and conditions of any such release. If the offense was a 11 controlled substance violation, the conditions shall include a 12 requirement that the offender submit to random substance abuse 13 testing intermittently throughout the term of conditional 14 release supervision, upon the direction of the correctional 15 probation officer as defined in s. 943.10(3). The commission 16 shall also determine whether the terms and conditions of such 17 release have been violated and whether such violation warrants 18 revocation of the conditional release. 19 (3) As part of the conditional release process, the 20 commission shall determine: 21 (a) The amount of reparation or restitution. 22 (b) The consequences of the offense as reported by the 23 aggrieved party. 24 (c) The aggrieved party's fear of the inmate or 25 concerns about the release of the inmate. 26 (4) The commission shall provide to the aggrieved 27 party information regarding the manner in which notice of any 28 developments concerning the status of the inmate during the 29 term of conditional release may be requested. 30 (5) Within 180 days prior to the tentative release 31 date or provisional release date, whichever is earlier, a 19 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1347, First Engrossed 1 representative of the commission shall interview the inmate. 2 The commission representative shall review the inmate's 3 program participation, disciplinary record, psychological and 4 medical records, and any other information pertinent to the 5 impending release. A commission representative shall conduct 6 a personal interview with the inmate for the purpose of 7 determining the details of the inmate's release plan, 8 including his planned residence and employment. The results 9 of the interview must be forwarded to the commission in 10 writing. 11 (6) Upon receipt of notice as required under s. 12 947.175, the commission shall conduct a review of the inmate's 13 record for the purpose of establishing the terms and 14 conditions of the conditional release. The commission may 15 impose any special conditions it considers warranted from its 16 review of the record. If the commission determines that the 17 inmate is eligible for release under this section, the 18 commission shall enter an order establishing the length of 19 supervision and the conditions attendant thereto. However, an 20 inmate who has been convicted of a violation of chapter 794 or 21 found by the court to be a sexual predator is subject to the 22 maximum level of supervision provided, with the mandatory 23 conditions as required in subsection (7), and that supervision 24 shall continue through the end of the releasee's original 25 court-imposed sentence. The length of supervision must not 26 exceed the maximum penalty imposed by the court. 27 (7) Any inmate who is convicted of a crime committed 28 on or after October 1, 1995, or has been previously convicted 29 of a crime committed on or after October 1, 1995, and who 30 meets the criteria of s. 775.21 or former s. 775.23(2)(a) or 31 20 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1347, First Engrossed 1 (b) shall have, in addition to any other conditions imposed, 2 the following special conditions imposed by the commission: 3 (a) A curfew, if appropriate, during hours set by the 4 commission. 5 (b) If the victim was under the age of 18, a 6 prohibition on living within 1,000 feet of a school, day care 7 center, park, playground, or other place where children 8 regularly congregate. 9 (c) Active participation in and successful completion 10 of a sex offender treatment program, at the releasee's own 11 expense, unless one is not available within a 50-mile radius 12 of the releasee's residence. 13 (d) A prohibition on any contact with the victim, 14 directly or indirectly, including through a third person, 15 unless approved by the commission. 16 (e) If the victim was under the age of 18, a 17 prohibition, until successful completion of a sex offender 18 treatment program, on unsupervised contact with a child under 19 the age of 18, unless authorized by the commission without 20 another adult present who is responsible for the child's 21 welfare, has been advised of the crime, and is approved by the 22 commission. 23 (f) If the victim was under age 18, a prohibition on 24 working for pay or as a volunteer at any school, day care 25 center, park, playground, or other place where children 26 regularly congregate, as prescribed by the commission. 27 (g) Unless otherwise indicated in the treatment plan 28 provided by the sexual offender treatment program, a 29 prohibition on viewing, owning, or possessing any obscene, 30 pornographic, or sexually explicit material. 31 21 CODING: Words stricken are deletions; words underlined are additions. CS/HB 1347, First Engrossed 1 (h) A requirement that the releasee must submit two 2 specimens of blood to the Florida Department of Law 3 Enforcement to be registered with the DNA database. 4 Section 13. This act shall take effect upon becoming a 5 law. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 22