CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. SB 204
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Gutman moved the following amendment:
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13 Senate Amendment (with title amendment)
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16 insert:
17 Section 1. Paragraph (j) of subsection (4) of section
18 775.084, Florida Statutes, 1996 Supplement, is amended to
19 read:
20 775.084 Violent career criminals; habitual felony
21 offenders and habitual violent felony offenders; definitions;
22 procedure; enhanced penalties.--
23 (4)
24 (j)1. A defendant sentenced under this section as a
25 habitual felony offender, a habitual violent felony offender,
26 or a violent career criminal is eligible for gain-time granted
27 by the Department of Corrections as provided in s.
28 944.275(4)(b) s. 944.275(4).
29 2. For an offense committed on or after October 1,
30 1995, a defendant sentenced under this section as a violent
31 career criminal is not eligible for any form of discretionary
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1 early release, other than pardon or executive clemency, or
2 conditional medical release granted pursuant to s. 947.149.
3 Section 2. Section 921.0017, Florida Statutes, is
4 amended to read:
5 921.0017 Credit upon recommitment of offender serving
6 split sentence.--Effective for offenses committed on or after
7 January 1, 1994, if an offender's probation or community
8 control is revoked and the offender is serving a split
9 sentence pursuant to s. 948.01, upon recommitment to the
10 Department of Corrections, the court shall order credit for
11 time served in state prison or county jail only, without
12 considering any type of gain-time earned before release to
13 supervision, or any type of sentence reduction granted to
14 avoid prison overcrowding, including, but not limited to, any
15 sentence reduction resulting from administrative gain-time,
16 provisional credits, or control release. The court shall
17 determine the amount of jail-time credit to be awarded for
18 time served between the date of arrest as a violator and the
19 date of recommitment, and shall direct the Department of
20 Corrections to compute and apply credit for all other time
21 served previously on the prior sentence for the offense for
22 which the offender is being recommitted. This section does
23 not affect or limit the department's authority to forfeit
24 gain-time under ss. 944.28(1) and 948.06(6).
25 Section 3. Section 944.279, Florida Statutes, 1996
26 Supplement, is amended to read:
27 944.279 Disciplinary procedures applicable to prisoner
28 Loss of gain-time for filing frivolous or malicious actions or
29 bringing false information before court.--
30 (1) At any time, and upon its own motion or on motion
31 of a party, a court may conduct an inquiry into whether any
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1 action or appeal brought by a prisoner was brought in good
2 faith. A prisoner who is found by a court to have brought a
3 frivolous or malicious suit, action, claim, proceeding, or
4 appeal in any court of this state or in any federal court,
5 which is filed after June 30, 1996, or who knowingly or with
6 reckless disregard for the truth brought false information or
7 evidence before the court, is subject to disciplinary
8 procedures pursuant to the rules of the Department of
9 Corrections forfeiture of gain-time and the right to earn
10 gain-time. The court shall issue a written finding and direct
11 that a certified copy be forwarded to the appropriate
12 institution or facility for disciplinary procedures pursuant
13 to the rules of the department action as provided in s. 944.09
14 944.28(2).
15 (2) This section does not apply to a criminal
16 proceeding or a collateral criminal proceeding.
17 (3) For purposes of this section, "prisoner" means a
18 person who is convicted of a crime and is incarcerated for
19 that crime or who is being held in custody pending extradition
20 or sentencing.
21 Section 4. Subsection (2) of section 944.35, Florida
22 Statutes, 1996 Supplement, is amended to read:
23 944.35 Authorized use of force; malicious battery and
24 sexual misconduct prohibited; reporting required; penalties.--
25 (2) Each employee of the department who either applies
26 physical force or was responsible for making the decision to
27 apply physical force upon an inmate or an offender supervised
28 by the department in the community pursuant to this subsection
29 shall prepare, date, and sign an independent report within 5
30 working days of the incident. The report shall be delivered to
31 the superintendent or the regional administrator, who shall
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1 have an investigation made and shall approve or disapprove the
2 force used. The employee's report, together with the
3 superintendent's or regional administrator's written approval
4 or disapproval of the force used and the reasons therefor,
5 shall be forwarded within 5 working days of the date of the
6 completion of the investigation to the regional director. The
7 regional director shall, in writing, concur in the
8 superintendent's or regional administrator's evaluation or
9 disapprove it. Copies of the employee's report, the
10 superintendent's or regional administrator's evaluation, and
11 the regional director's review shall be kept in the files of
12 both the inmate or the offender supervised by the department
13 in the community, and the employee. A notation of each
14 incident involving use of force and the outcome based on the
15 superintendent's or regional director's evaluation and the
16 regional administrator's review shall be kept in the
17 employee's file.
18 Section 5. Paragraph (c) of subsection (1) and
19 subsection (2) of section 944.472, Florida Statutes, are
20 amended to read:
21 944.472 Drug-free corrections; legislative findings
22 and purposes.--
23 (1) FINDINGS.--The Legislature finds that:
24 (c) Certain substance abuse testing standards are
25 necessary to ensure uniform and economical application of
26 policy throughout the state's institutions and to protect both
27 inmates and employers participating in random and reasonable
28 suspicion substance abuse testing programs.
29 (2) PURPOSES.--The purposes of the Drug-Free
30 Corrections Act of 1992 are to:
31 (a) Promote the goal of a drug-free correctional
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1 system through fair, economical, and reasonable methods of
2 random and reasonable suspicion substance abuse testing of
3 inmates for the protection of inmates, employees, employers,
4 and the public.
5 (b) Establish an aggressive, routine random substance
6 abuse testing program and a reasonable suspicion substance
7 abuse testing program to identify substance-abusing inmates,
8 determine appropriate treatment, and provide a strong
9 deterrent to future substance abuse.
10 Section 6. Subsections (1) and (3) of section 944.473,
11 Florida Statutes, are amended to read:
12 944.473 Inmate substance abuse testing program.--
13 (1) RULES AND PROCEDURES.--The department shall
14 establish programs a program for random and reasonable
15 suspicion drug and alcohol testing by urinalysis or other
16 noninvasive procedure for inmates to effectively identify
17 those inmates abusing drugs, alcohol, or both. The department
18 shall also adopt rules relating to fair, economical, and
19 accurate operations and procedures of a random inmate
20 substance abuse testing program and a reasonable suspicion
21 substance abuse testing program by urinalysis or other
22 noninvasive procedure which enumerate penalties for positive
23 test results, including but not limited to the forfeiture of
24 both basic and incentive gain-time, and which do not limit the
25 number of times an inmate may be tested in any one fiscal or
26 calendar year.
27 (3) REPORTING REQUIREMENT.--The department shall, as
28 part of its annual report, report the number of random and
29 reasonable suspicion substance abuse tests administered in the
30 fiscal year, the number of positive results obtained, the
31 number of negative results obtained, the number of inmates
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1 requesting and participating in substance abuse treatment
2 programs as the result of a positive random or reasonable
3 suspicion substance abuse test, and the number of repeat
4 substance abuse offenders.
5 Section 7. Effective upon this act becoming a law,
6 subsection (4) is added to section 944.801, Florida Statutes,
7 1996 Supplement, to read:
8 944.801 Education for state prisoners.--
9 (4) Notwithstanding s. 120.81(3), all inmates under 22
10 years of age who qualify for special educational services and
11 programs pursuant to the Individuals with Disabilities
12 Education Act, 20 U.S.C. ss. 1400 et seq., and who request a
13 due process hearing as provided by that act shall be entitled
14 to such hearing before the Division of Administrative
15 Hearings. Administrative law judges shall not be required to
16 travel to state or private correctional institutions and
17 facilities in order to conduct these hearings.
18 Section 8. Subsection (11) of section 948.01, Florida
19 Statutes, 1996 Supplement, is amended to read:
20 948.01 When court may place defendant on probation or
21 into community control.--
22 (11) The court may also impose a split sentence
23 whereby the defendant is sentenced to a term of probation
24 which may be followed by a period of incarceration or, with
25 respect to a felony, into community control, as follows:
26 (a) If the offender meets the terms and conditions of
27 probation or community control, any term of incarceration may
28 be modified by court order to eliminate the term of
29 incarceration.
30 (b) If the offender does not meet the terms and
31 conditions of probation or community control, the court may
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1 revoke, modify, or continue the probation or community control
2 as provided in s. 948.06. If the probation or community
3 control is revoked, the court may impose any sentence that it
4 could have imposed at the time the offender was placed on
5 probation or community control. The court may not provide
6 credit for time served for any portion of a probation of
7 community control term toward a subsequent term of probation
8 or community control. However, the court may not impose a
9 subsequent term of probation or community control which, when
10 combined with any amount of time served on preceding terms of
11 probation or community control for offenses pending before the
12 court for sentencing, would exceed the maximum penalty
13 allowable as provided in s. 775.082 shall impose a term of
14 incarceration equal to the remaining portion of the order of
15 probation or community control. Such term of incarceration
16 shall be served under applicable law or county ordinance
17 governing service of sentences in state or county
18 jurisdiction. This paragraph does not prohibit any other
19 sanction provided by law.
20 Section 9. Subsection (1) of section 948.03, Florida
21 Statutes, 1996 Supplement, is amended to read:
22 948.03 Terms and conditions of probation or community
23 control.--
24 (1) The court shall determine the terms and conditions
25 of probation or community control. Conditions specified in
26 paragraphs (a) through and including (m) (n) do not require
27 oral pronouncement at the time of sentencing and may be
28 considered standard conditions of probation. Conditions
29 specified in paragraphs (a) through and including (m) (n) and
30 (2)(a) do not require oral pronouncement at sentencing and may
31 be considered standard conditions of community control. These
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1 conditions may include among them the following, that the
2 probationer or offender in community control shall:
3 (a) Report to the probation and parole supervisors as
4 directed.
5 (b) Permit such supervisors to visit him at his home
6 or elsewhere.
7 (c) Work faithfully at suitable employment insofar as
8 may be possible.
9 (d) Remain within a specified place.
10 (e) Make reparation or restitution to the aggrieved
11 party for the damage or loss caused by his offense in an
12 amount to be determined by the court. The court shall make
13 such reparation or restitution a condition of probation,
14 unless it determines that clear and compelling reasons exist
15 to the contrary. If the court does not order restitution, or
16 orders restitution of only a portion of the damages, as
17 provided in s. 775.089, it shall state on the record in detail
18 the reasons therefor.
19 (f) Effective July 1, 1994, and applicable for
20 offenses committed on or after that date, make payment of the
21 debt due and owing to a county or municipal detention facility
22 under s. 951.032 for medical care, treatment, hospitalization,
23 or transportation received by the felony probationer while in
24 that detention facility. The court, in determining whether to
25 order such repayment and the amount of such repayment, shall
26 consider the amount of the debt, whether there was any fault
27 of the institution for the medical expenses incurred, the
28 financial resources of the felony probationer, the present and
29 potential future financial needs and earning ability of the
30 probationer, and dependents, and other appropriate factors.
31 (g) Support his legal dependents to the best of his
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1 ability.
2 (h) Make payment of the debt due and owing to the
3 state under s. 960.17, subject to modification based on change
4 of circumstances.
5 (i) Pay any attorney's fees and costs assessed under
6 s. 27.56, subject to modification based on change of
7 circumstances.
8 (j) Not associate with persons engaged in criminal
9 activities.
10 (k)1. Submit to random testing as directed by the
11 correctional probation officer or the professional staff of
12 the treatment center where he is receiving treatment to
13 determine the presence or use of alcohol or controlled
14 substances.
15 2. If the offense was a controlled substance violation
16 and the period of probation immediately follows a period of
17 incarceration in the state correction system, the conditions
18 shall include a requirement that the offender submit to random
19 substance abuse testing intermittently throughout the term of
20 supervision, upon the direction of the correctional probation
21 officer as defined in s. 943.10(3).
22 (l) Be prohibited from possessing, carrying, or owning
23 any firearm unless authorized by the court and consented to by
24 the probation officer.
25 (m) Be prohibited from using intoxicants to excess or
26 possessing any drugs or narcotics unless prescribed by a
27 physician. The probationer or community controlee shall not
28 knowingly visit places where intoxicants, drugs, or other
29 dangerous substances are unlawfully sold, dispensed, or used.
30 (n) Attend an HIV/AIDS awareness program consisting of
31 a class of not less than 2 hours or more than 4 hours in
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1 length, the cost for which shall be paid by the offender, if
2 such a program is available in the county of the offender's
3 residence.
4 (o) Pay not more than $1 per month during the term of
5 probation or community control to a nonprofit organization
6 established for the sole purpose of supplementing the
7 rehabilitative efforts of the Department of Corrections.
8 Section 10. Section 948.06, Florida Statutes, is
9 amended to read:
10 948.06 Violation of probation or community control;
11 revocation; modification; continuance; failure to pay
12 restitution or cost of supervision.--
13 (1) Whenever within the period of probation or
14 community control there are reasonable grounds to believe that
15 a probationer or offender in community control has violated
16 his probation or community control in a material respect, any
17 parole or probation supervisor may arrest or request any
18 county or municipal law enforcement officer to arrest such
19 probationer or offender without warrant wherever found and
20 forthwith return him to the court granting such probation or
21 community control. Any committing magistrate may issue a
22 warrant, upon the facts being made known to him by affidavit
23 of one having knowledge of such facts, for the arrest of the
24 probationer or offender, returnable forthwith before the court
25 granting such probation or community control. Any parole or
26 probation supervisor, any officer authorized to serve criminal
27 process, or any peace officer of this state is authorized to
28 serve and execute such warrant. The court, upon the
29 probationer or offender being brought before it, shall advise
30 him of such charge of violation and, if such charge is
31 admitted to be true, may forthwith revoke, modify, or continue
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1 the probation or community control or place the probationer
2 into a community control program. If probation or community
3 control is revoked, the court shall adjudge the probationer or
4 offender guilty of the offense charged and proven or admitted,
5 unless he has previously been adjudged guilty, and impose any
6 sentence which it might have originally imposed before placing
7 the probationer on probation or the offender into community
8 control. If such violation of probation or community control
9 is not admitted by the probationer or offender, the court may
10 commit him or release him with or without bail to await
11 further hearing, or it may dismiss the charge of probation or
12 community control violation. If such charge is not at that
13 time admitted by the probationer or offender and if it is not
14 dismissed, the court, as soon as may be practicable, shall
15 give the probationer or offender an opportunity to be fully
16 heard on his behalf in person or by counsel. After such
17 hearing, the court may revoke, modify, or continue the
18 probation or community control or place the probationer into
19 community control. If such probation or community control is
20 revoked, the court shall adjudge the probationer or offender
21 guilty of the offense charged and proven or admitted, unless
22 he has previously been adjudged guilty, and impose any
23 sentence which it might have originally imposed before placing
24 the probationer or offender on probation or into community
25 control.
26 (2) When the court imposes a subsequent term of
27 supervision following a revocation of probation or community
28 control, it shall not provide credit for time served while on
29 probation or community control toward any subsequent term of
30 probation or community control. However, the court may not
31 impose a subsequent term of probation or community control
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1 which, when combined with any amount of time served on
2 preceding terms of probation or community control for offenses
3 before the court for sentencing, would exceed the maximum
4 penalty allowable as provided by s. 775.082. No part of the
5 time that the defendant is on probation or in community
6 control shall be considered as any part of the time that he or
7 she shall be sentenced to serve.
8 (3) Notwithstanding any other provision of this
9 section, a probationer or an offender in community control who
10 is arrested for violating his probation or community control
11 in a material respect may be taken before the court in the
12 county or circuit in which he was arrested. That court shall
13 advise him of such charge of a violation and, if such charge
14 is admitted, shall cause him to be brought before the court
15 which granted the probation or community control. If such
16 violation is not admitted by the probationer or offender, the
17 court may commit him or release him with or without bail to
18 await further hearing. The court, as soon as is practicable,
19 shall give the probationer or offender an opportunity to be
20 fully heard on his behalf in person or by counsel. After such
21 hearing, the court shall make findings of fact and forward the
22 findings to the court which granted the probation or community
23 control and to the probationer or offender or his attorney.
24 The findings of fact by the hearing court are binding on the
25 court which granted the probation or community control. Upon
26 the probationer or offender being brought before it, the court
27 which granted the probation or community control may revoke,
28 modify, or continue the probation or community control or may
29 place the probationer into community control as provided in
30 this section.
31 (4) In any hearing in which the failure of a
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1 probationer or offender in community control to pay
2 restitution or the cost of supervision as provided in s.
3 948.09, as directed, is established by the state, if the
4 probationer or offender asserts his inability to pay
5 restitution or the cost of supervision, it is incumbent upon
6 him to prove by clear and convincing evidence that he does not
7 have the present resources available to pay restitution or the
8 cost of supervision despite sufficient bona fide efforts
9 legally to acquire the resources to do so. If the probationer
10 or offender cannot pay restitution or the cost of supervision
11 despite sufficient bona fide efforts, the court shall consider
12 alternate measures of punishment other than imprisonment.
13 Only if alternate measures are not adequate to meet the
14 state's interests in punishment and deterrence may the court
15 imprison a probationer or offender in community control who
16 has demonstrated sufficient bona fide efforts to pay
17 restitution or the cost of supervision.
18 (5) Any parolee in a community control program who has
19 allegedly violated the terms and conditions of such placement
20 is subject to the provisions of ss. 947.22 and 947.23.
21 (6) Any provision of law to the contrary
22 notwithstanding, whenever probation, community control, or
23 control release, including the probationary, community control
24 portion of a split sentence, is violated and the probation or
25 community control is revoked, the offender, by reason of his
26 misconduct, may be deemed to have forfeited all gain-time or
27 commutation of time for good conduct, as provided by law,
28 earned up to the date of his release on probation, community
29 control, or control release. This subsection does not deprive
30 the prisoner of his right to gain-time or commutation of time
31 for good conduct, as provided by law, from the date on which
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1 he is returned to prison. However, if a prisoner is sentenced
2 to incarceration following termination from a drug punishment
3 program imposed as a condition of probation, the sentence may
4 include incarceration without the possibility of gain-time or
5 early release for the period of time remaining in his
6 treatment program placement term.
7 Section 11. Section 947.04, Florida Statutes, 1996
8 Supplement, is amended to read:
9 947.04 Organization of commission; officers;
10 offices.--
11 (1) Before July 1 of each even-numbered year, the
12 Governor and Cabinet shall select a chairman who shall serve
13 for a period of 2 years and until a successor is selected and
14 qualified. The Governor and Cabinet shall, at the same time
15 that a chairman is selected, select a vice chairman to serve
16 during the same 2-year period as the chairman, in the absence
17 of the chairman. The chairman may not succeed himself or
18 herself. The chairman, as chief administrative officer of the
19 commission, has the authority and responsibility to plan,
20 direct, coordinate, and execute the powers, duties, and
21 responsibilities assigned to the commission, except those of
22 granting and revoking parole as provided for in this chapter.
23 Subject to approval by the Governor and the Cabinet, the
24 chairman may assign consenting retired commissioners or former
25 commissioners to temporary duty when there is a workload need.
26 Any such commissioner shall be paid $100 for each day or
27 portion of a day spent on the work of the commission and shall
28 be reimbursed for travel expenses as provided in s. 112.061.
29 The chairman is authorized to provide or disseminate
30 information relative to parole by means of documents,
31 seminars, programs, or otherwise as he determines necessary.
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1 The chairman shall establish, execute, and be held accountable
2 for all administrative policy decisions. However, decisions to
3 grant or revoke parole shall be made in accordance with the
4 provisions of ss. 947.172, 947.174, and 947.23. The
5 commissioners shall be directly accountable to the chairman in
6 the execution of their duties as commissioners, and the
7 chairman has authority to recommend to the Governor suspension
8 of a commissioner who fails to perform the duties provided for
9 by statute.
10 (2) Notwithstanding the provisions of s. 20.05(1)(g),
11 the chairman shall appoint administrators with responsibility
12 for the management of commission activities in the following
13 functional areas:
14 (a) Administration.
15 (b) Operations.
16 (c) Clemency.
17 (3) The commissioners shall select from their number a
18 secretary who shall serve for a period of 1 year or until a
19 successor is elected and qualified.
20 (4) The commission may establish and maintain offices
21 in centrally and conveniently located places in Florida.
22 Headquarters shall be located in Tallahassee. The business of
23 the commission shall be transacted anywhere in the state as
24 provided in s. 947.06. The commission shall keep its official
25 records and papers at the headquarters, which it shall furnish
26 and equip.
27 (5) Acts and decisions of the chairman may be modified
28 as provided in s. 947.06.
29 Section 12. Section 947.1405, Florida Statutes, 1996
30 Supplement, is amended to read:
31 947.1405 Conditional release program.--
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1 (1) This section and s. 947.141 may be cited as the
2 "Conditional Release Program Act."
3 (2) Any inmate who:
4 (a) Is convicted of a crime committed on or after
5 October 1, 1988, and before January 1, 1994, and any inmate
6 who is convicted of a crime committed on or after January 1,
7 1994, which crime is or was contained in category 1, category
8 2, category 3, or category 4 of Rule 3.701 and Rule 3.988,
9 Florida Rules of Criminal Procedure (1993), and who has served
10 at least one prior felony commitment at a state or federal
11 correctional institution;
12 (b) Is sentenced as a habitual or violent habitual
13 offender or violent career criminal pursuant to s. 775.084; or
14 (c) Is found to be a sexual predator under s. 775.21
15 or former s. 775.23,
16
17 shall, upon reaching the tentative release date or provisional
18 release date, whichever is earlier, as established by the
19 Department of Corrections, be released under supervision
20 subject to specified terms and conditions, including payment
21 of the cost of supervision pursuant to s. 948.09. Such
22 supervision is applicable to all sentences within the overall
23 term of sentences if an inmate's overall term of sentences
24 includes one or more sentences that are eligible for
25 conditional release supervision as provided in this section.
26 Effective July 1, 1994, and applicable for offenses committed
27 on or after that date, the commission may require, as a
28 condition of conditional release, that the releasee make
29 payment of the debt due and owing to a county or municipal
30 detention facility under s. 951.032 for medical care,
31 treatment, hospitalization, or transportation received by the
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1 releasee while in that detention facility. The commission, in
2 determining whether to order such repayment and the amount of
3 such repayment, shall consider the amount of the debt, whether
4 there was any fault of the institution for the medical
5 expenses incurred, the financial resources of the releasee,
6 the present and potential future financial needs and earning
7 ability of the releasee, and dependents, and other appropriate
8 factors. If an inmate has received a term of probation or
9 community control supervision to be served after release from
10 incarceration, the period of probation or community control
11 must be substituted for the conditional release supervision. A
12 panel of no fewer than two commissioners shall establish the
13 terms and conditions of any such release. If the offense was a
14 controlled substance violation, the conditions shall include a
15 requirement that the offender submit to random substance abuse
16 testing intermittently throughout the term of conditional
17 release supervision, upon the direction of the correctional
18 probation officer as defined in s. 943.10(3). The commission
19 shall also determine whether the terms and conditions of such
20 release have been violated and whether such violation warrants
21 revocation of the conditional release.
22 (3) As part of the conditional release process, the
23 commission shall determine:
24 (a) The amount of reparation or restitution.
25 (b) The consequences of the offense as reported by the
26 aggrieved party.
27 (c) The aggrieved party's fear of the inmate or
28 concerns about the release of the inmate.
29 (4) The commission shall provide to the aggrieved
30 party information regarding the manner in which notice of any
31 developments concerning the status of the inmate during the
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1 term of conditional release may be requested.
2 (5) Within 180 days prior to the tentative release
3 date or provisional release date, whichever is earlier, a
4 representative of the commission shall interview the inmate.
5 The commission representative shall review the inmate's
6 program participation, disciplinary record, psychological and
7 medical records, and any other information pertinent to the
8 impending release. A commission representative shall conduct
9 a personal interview with the inmate for the purpose of
10 determining the details of the inmate's release plan,
11 including his planned residence and employment. The results
12 of the interview must be forwarded to the commission in
13 writing.
14 (6) Upon receipt of notice as required under s.
15 947.175, the commission shall conduct a review of the inmate's
16 record for the purpose of establishing the terms and
17 conditions of the conditional release. The commission may
18 impose any special conditions it considers warranted from its
19 review of the record. If the commission determines that the
20 inmate is eligible for release under this section, the
21 commission shall enter an order establishing the length of
22 supervision and the conditions attendant thereto. However, an
23 inmate who has been convicted of a violation of chapter 794 or
24 found by the court to be a sexual predator is subject to the
25 maximum level of supervision provided, with the mandatory
26 conditions as required in subsection (7), and that supervision
27 shall continue through the end of the releasee's original
28 court-imposed sentence. The length of supervision must not
29 exceed the maximum penalty imposed by the court.
30 (7) Any inmate who is convicted of a crime committed
31 on or after October 1, 1995, or has been previously convicted
18
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Amendment No.
1 of a crime committed on or after October 1, 1995, and who
2 meets the criteria of s. 775.21 or former s. 775.23(2)(a) or
3 (b) shall have, in addition to any other conditions imposed,
4 the following special conditions imposed by the commission:
5 (a) A curfew, if appropriate, during hours set by the
6 commission.
7 (b) If the victim was under the age of 18, a
8 prohibition on living within 1,000 feet of a school, day care
9 center, park, playground, or other place where children
10 regularly congregate.
11 (c) Active participation in and successful completion
12 of a sex offender treatment program, at the releasee's own
13 expense, unless one is not available within a 50-mile radius
14 of the releasee's residence.
15 (d) A prohibition on any contact with the victim,
16 directly or indirectly, including through a third person,
17 unless approved by the commission.
18 (e) If the victim was under the age of 18, a
19 prohibition, until successful completion of a sex offender
20 treatment program, on unsupervised contact with a child under
21 the age of 18, unless authorized by the commission without
22 another adult present who is responsible for the child's
23 welfare, has been advised of the crime, and is approved by the
24 commission.
25 (f) If the victim was under age 18, a prohibition on
26 working for pay or as a volunteer at any school, day care
27 center, park, playground, or other place where children
28 regularly congregate, as prescribed by the commission.
29 (g) Unless otherwise indicated in the treatment plan
30 provided by the sexual offender treatment program, a
31 prohibition on viewing, owning, or possessing any obscene,
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Amendment No.
1 pornographic, or sexually explicit material.
2 (h) A requirement that the releasee must submit two
3 specimens of blood to the Florida Department of Law
4 Enforcement to be registered with the DNA database.
5 Section 13. Section 775.0121, Florida Statutes, as
6 created by section 1 of chapter 96-388, Laws of Florida, is
7 repealed.
8
9 (Renumber subsequent sections.)
10
11
12 ================ T I T L E A M E N D M E N T ===============
13 And the title is amended as follows:
14 On page 1, line 2, delete that line
15
16 and insert:
17 An act relating to criminal justice; amending
18 s. 775.084, F.S.; clarifying that the gain-time
19 that the Department of Corrections may award to
20 a habitual felony offender, a habitual violent
21 felony offender, or a violent career criminal
22 is limited to monthly incentive gain-time;
23 amending s. 921.0017, F.S.; clarifying that
24 credit for time served means time spent in
25 state prison or county jail on the same
26 offense; amending s. 944.279, F.S.; providing
27 that a prisoner who is found to have brought a
28 frivolous or malicious action or brought false
29 information before the court is subject to
30 disciplinary procedures; defining the term
31 "prisoner"; amending s. 944.35, F.S., relating
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Amendment No.
1 to authorized use of force by a departmental
2 employee against an inmate or supervised
3 offender; removing requirement that a report on
4 such use of force be kept in the file of an
5 employee; providing for notation of a
6 use-of-force incident and outcome in the file
7 of an employee; amending s. 944.472, F.S.,
8 relating to drug-free corrections; providing
9 legislative findings and purposes with respect
10 to reasonable suspicion of substance-abuse
11 testing programs for inmates; amending s.
12 944.473, F.S.; providing for adoption of rules
13 for such programs; amending s. 944.801, F.S.,
14 relating to education for state prisoners;
15 entitling certain inmates who qualify for
16 special educational services and programs under
17 federal law to request hearings before the
18 Division of Administrative Hearings; providing
19 that administrative law judges are not required
20 to travel to state and private correctional
21 institutions and facilities to conduct such
22 hearings; amending s. 948.01, F.S., relating to
23 the court's authority to place a defendant on
24 probation or community control; authorizing the
25 court to revoke, modify, or continue
26 supervision upon violation; providing certain
27 sentencing authority upon violation;
28 prohibiting the court from giving credit for
29 time served; providing limitations on the court
30 for subsequent supervision upon violation;
31 amending s. 948.03, F.S., relating to terms and
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Amendment No.
1 conditions of probation or community control;
2 deleting attendance at an HIV/AIDS awareness
3 program as a standard condition; authorizing
4 courts to impose such a condition if such a
5 program is available as specified; amending s.
6 948.06, F.S.; prohibiting the award of credit
7 for time served while on probation or community
8 control for subsequent terms of supervision
9 following a revocation of probation or
10 community control; providing limitations on the
11 court for imposing a subsequent term of
12 supervision following revocation; amending s.
13 947.04, F.S.; authorizing the chairman of the
14 Parole Commission to serve successive terms;
15 amending s. 947.1405, F.S.; clarifying the
16 inclusion of violent career criminals as
17 eligible for conditional release supervision;
18 clarifying that conditional release supervision
19 applies to all sentences of an inmate if the
20 inmate's overall sentences include one or more
21 sentences that are eligible for conditional
22 release supervision; repealing s. 775.0121,
23 F.S., relating to a continuous revision cycle
24 of criminal penalties; amending s.
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31
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