Senate Bill 1428c1
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Florida Senate - 1999 CS for SB 1428
By the Committee on Criminal Justice and Senator Silver
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1 A bill to be entitled
2 An act relating to postrelease supervision of
3 offenders; creating the "Supervision of Violent
4 Offenders Act of 1999"; amending s. 947.01,
5 F.S., relating to the number of members on the
6 Parole Commission; increasing the number of
7 commissioners; amending s. 947.1405, F.S.,
8 relating to the Conditional Release Program
9 Act; revising criteria for eligibility for
10 conditional release; providing that an inmate
11 who has committed any of specified crimes but
12 who has not served at least one prior felony
13 commitment may be subject to conditional
14 release supervision; specifying that certain
15 inmates are to be released under "conditional
16 release" supervision; revising terms and
17 conditions of conditional release supervision
18 applicable to certain inmates convicted of
19 specified offenses or sentenced as a habitual
20 or violent felony offender or a violent career
21 criminal; providing for applicability of such
22 supervision to all sentences under specified
23 circumstances when an inmate's overall term of
24 sentences includes one or more sentences on
25 which the eligibility for control release
26 supervision is based; requiring supervision by
27 the Department of Corrections, according to the
28 conditions imposed by the court when the inmate
29 who is placed on conditional release
30 supervision also is subject to probation or
31 community control resulting from a split
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1 sentence within the overall term of sentences;
2 providing for revocation of the conditional
3 release supervision without further hearing by
4 the commission in those cases when the court
5 revokes probation or community control;
6 providing for forfeiture of all gain-time under
7 specified circumstances, and authorizing the
8 Parole Commission to revoke the resulting
9 deferred conditional release supervision and
10 take other appropriate action; providing for
11 the supervision to revert to the authority of
12 the commission and be subject to the conditions
13 of the commission in certain cases when the
14 term of the probation or community control
15 expires before that of the conditional release
16 supervision; providing for applicability of
17 various changes made by the act to certain
18 inmates convicted of crimes committed before,
19 on, or after July 1, 1999; providing for
20 applicability of certain provisions relating to
21 the authority of the commission to establish
22 terms and conditions of such release and to
23 determine whether a violation has occurred or
24 revocation is warranted; providing for
25 applicability of a requirement that certain
26 offenders submit to random substance abuse
27 testing throughout the term of such conditional
28 release supervision; reenacting s.
29 775.084(4)(i), relating to violent career
30 criminals, habitual felony offenders, and
31 habitual violent felony offenders, s.
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1 921.001(10), F.S., relating to the Sentencing
2 Commission and sentencing guidelines, s.
3 944.70(1), relating to conditions for release
4 from incarceration, s. 947.13(1)(f), F.S.,
5 relating to powers and duties of the Parole
6 Commission, and s. 947.141(1) and (2), F.S.,
7 relating to violations of conditional release,
8 control release, or conditional medical
9 release, to incorporate the amendment in
10 references; providing an effective date.
11
12 WHEREAS, the current sentencing guidelines are no
13 longer based on the four category levels of severity which
14 served as the criteria for conditional release eligibility,
15 and
16 WHEREAS, inmates who commit serious violent offenses
17 should be required to serve a period of time under strict
18 conditions of supervision when released from custody as a
19 result of accumulated gain-time, and
20 WHEREAS, the serious violent crimes which require a
21 period of strict supervision should be specified in statute
22 and include any attempt, solicitation, or conspiracy to commit
23 these serious violent crimes, and
24 WHEREAS, a conviction for one of the specified serious
25 violent crimes is sufficient in itself, without the necessity
26 of a prior felony commitment, to require imposition of a
27 period of strict conditional release supervision, and
28 WHEREAS, any violation of these strict conditions of
29 release which results in revocation of supervision should
30 result in the forfeiture of all accumulated gain-time, and
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1 WHEREAS, when an inmate also has been subject to
2 conditions of probation or community control following release
3 from incarceration, and the inmate has violated these
4 conditions with the result that the probation or community
5 control is revoked in a proceeding before a judge, the Florida
6 Parole Commission should not be required to conduct a second
7 administrative proceeding to revoke any concurrent or
8 consecutive term of conditional release supervision, and
9 WHEREAS, such a second administrative proceeding is not
10 constitutionally required and is an unjustified and
11 inefficient use of limited state resources, NOW, THEREFORE,
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. This act may be cited as the "Supervision
16 of Violent Offenders Act of 1999."
17 Section 2. Section 947.01, Florida Statutes, is
18 amended to read:
19 947.01 Parole Commission; creation; number of
20 members.--A Parole Commission is created to consist of six
21 members who are residents of the state. Effective July 1,
22 1999, the membership of the commission shall be four members.
23 Effective July 1, 1996, the membership of the commission shall
24 be three members.
25 Section 3. Section 947.1405, Florida Statutes, is
26 amended to read:
27 947.1405 Conditional release program.--
28 (1) This section and s. 947.141 may be cited as the
29 "Conditional Release Program Act."
30 (2) Any inmate who:
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1 (a)1. 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, and before July 1, 1999, which crime is or was contained
5 in category 1, category 2, category 3, or category 4 of Rule
6 3.701 and Rule 3.988, Florida Rules of Criminal Procedure
7 (1993), and who has served at least one prior felony
8 commitment at a state or federal correctional institution;
9 2.(b) Is sentenced as a habitual or violent habitual
10 offender or a violent career criminal pursuant to s. 775.084
11 based on an offense committed before July 1, 1999; or
12 3.(c) Is found to be a sexual predator under s. 775.21
13 or former s. 775.23, based on an offense committed before July
14 1, 1999,
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16 shall, upon reaching the tentative release date or provisional
17 release date, whichever is earlier, as established by the
18 Department of Corrections, be released under conditional
19 release supervision subject to specified terms and conditions,
20 including payment of the cost of supervision pursuant to s.
21 948.09. Such supervision shall be applicable to all sentences
22 within the overall term of sentences if an inmate's overall
23 term of sentences includes one or more sentences that are
24 eligible for conditional release supervision as provided
25 herein. Effective July 1, 1994, and applicable for offenses
26 committed on or after that date, the commission may require,
27 as a condition of conditional release, that the releasee make
28 payment of the debt due and owing to a county or municipal
29 detention facility under s. 951.032 for medical care,
30 treatment, hospitalization, or transportation received by the
31 releasee while in that detention facility. The commission, in
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1 determining whether to order such repayment and the amount of
2 such repayment, shall consider the amount of the debt, whether
3 there was any fault of the institution for the medical
4 expenses incurred, the financial resources of the releasee,
5 the present and potential future financial needs and earning
6 ability of the releasee, and dependents, and other appropriate
7 factors. If any inmate placed on conditional release
8 supervision is also subject to probation or community control
9 resulting from a probationary or community control split
10 sentence within the overall term of sentences, the Department
11 of Corrections shall supervise such person according to the
12 conditions imposed by the court, and the commission shall
13 defer to such supervision. If the court revokes probation or
14 community control and resentences the offender to a term of
15 incarceration, such revocation also constitutes a sufficient
16 basis for the revocation of the conditional release
17 supervision on any nonprobationary or non-community-control
18 sentence without further hearing by the commission. If any
19 such supervision on any nonprobationary or
20 non-community-control sentence is revoked, such revocation may
21 result in a forfeiture of all gain-time, and the commission
22 may revoke the resulting deferred conditional release
23 supervision or take other action it considers appropriate. If
24 the term of conditional release supervision exceeds that of
25 the probation or community control, then, upon expiration of
26 the probation or community control, authority for the
27 supervision shall revert to the commission, and the
28 supervision shall be subject to the conditions of the
29 commission. If an inmate has received a term of probation or
30 community control supervision to be served after release from
31 incarceration, the period of probation or community control
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1 must be substituted for the conditional release supervision. A
2 panel of no fewer than two commissioners shall establish the
3 terms and conditions of any such release. If the offense was a
4 controlled substance violation, the conditions shall include a
5 requirement that the offender submit to random substance abuse
6 testing intermittently throughout the term of conditional
7 release supervision, upon the direction of the correctional
8 probation officer as defined in s. 943.10(3). The commission
9 shall also determine whether the terms and conditions of such
10 release have been violated and whether such violation warrants
11 revocation of the conditional release.
12 (b) Has been convicted of any of the following
13 offenses committed on or after July 1, 1999, or an attempt,
14 solicitation, or conspiracy to commit any of the following
15 offenses committed on or after July 1, 1999:
16 1. Sexual battery;
17 2. Lewd, lascivious, or indecent assault or act;
18 3. Murder in the first, second, or third degree;
19 4. Kidnapping;
20 5. Aggravated child abuse;
21 6. False imprisonment;
22 7. Sexual performance by a child;
23 8. Selling or buying of a minor;
24 9. Stalking or aggravated stalking;
25 10. Incest;
26 11. Burglary or armed burglary of an occupied
27 dwelling, building, or conveyance when any person was
28 assaulted or battered or a sex act was attempted or completed;
29 12. Any battery or aggravated battery when a sex act
30 was attempted or completed;
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1 13. Resisting a law enforcement officer with violence
2 to the officer's person;
3 14. Aggravated assault or aggravated battery on a law
4 enforcement officer;
5 15. Felonious threats or extortion;
6 16. DUI manslaughter;
7 17. Robbery;
8 18. Attempted murder of a law enforcement officer
9 engaged in duty;
10 19. Arson;
11 20. Carjacking;
12 21. Home invasion robbery;
13 22. Assault or battery upon a district school board
14 employee; or
15 23. Written threats to kill or do bodily injury
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17 or is sentenced as a habitual or violent habitual offender or
18 a violent career criminal pursuant to s. 775.084 based on an
19 offense committed on or after July 1, 1999, or is found to be
20 a sexual predator based on an offense committed on or after
21 July 1, 1999, under s. 775.21 shall, upon reaching the
22 tentative release date established by the Department of
23 Corrections, be released under conditional release supervision
24 subject to the terms and conditions determined by the
25 commission as provided in this section. Such supervision
26 shall be applicable to all sentences within the overall term
27 of sentences if an inmate's overall term of sentences includes
28 one or more sentences that are eligible for conditional
29 release supervision as provided herein. If any inmate placed
30 on conditional release supervision is also subject to
31 probation or community control resulting from a probationary
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1 or community control split sentence within the overall term of
2 sentences, the Department of Corrections shall supervise such
3 person according to the conditions imposed by the court, and
4 the commission shall defer to such supervision. If the court
5 revokes probation or community control and resentences the
6 offender to a term of incarceration, such revocation also
7 constitutes a sufficient basis for the revocation of the
8 conditional release supervision on any nonprobationary or
9 non-community-control sentence, without further hearing by the
10 commission. If any such supervision on any nonprobationary or
11 non-community-control sentence is revoked, such revocation may
12 result in a forfeiture of all gain-time, and the commission
13 may revoke the resulting deferred conditional release
14 supervision or take other action it considers appropriate. If
15 the term of conditional release supervision exceeds that of
16 the probation or community control, then, upon expiration of
17 the probation or community control, authority for the
18 supervision shall revert to the commission, and the
19 supervision shall be subject to the conditions of the
20 commission.
21 (c) A panel of no fewer than two commissioners shall
22 establish the terms and conditions of any conditional release.
23 If the offense was a controlled substance violation, the
24 conditions shall include a requirement that the offender
25 submit, upon the direction of the correctional probation
26 officer as defined in s. 943.10(3), to random substance abuse
27 testing intermittently throughout the term of conditional
28 release supervision. The commission shall also determine
29 whether the terms and conditions of such release have been
30 violated and whether such violation warrants revocation of the
31 conditional release.
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1 (3) As part of the conditional release process, the
2 commission shall determine:
3 (a) The amount of reparation or restitution.
4 (b) The consequences of the offense as reported by the
5 aggrieved party.
6 (c) The aggrieved party's fear of the inmate or
7 concerns about the release of the inmate.
8 (4) The commission shall provide to the aggrieved
9 party information regarding the manner in which notice of any
10 developments concerning the status of the inmate during the
11 term of conditional release may be requested.
12 (5) Within 180 days prior to the tentative release
13 date or provisional release date, whichever is earlier, a
14 representative of the commission shall interview the inmate.
15 The commission representative shall review the inmate's
16 program participation, disciplinary record, psychological and
17 medical records, and any other information pertinent to the
18 impending release. A commission representative shall conduct
19 a personal interview with the inmate for the purpose of
20 determining the details of the inmate's release plan,
21 including the inmate's planned residence and employment. The
22 results of the interview must be forwarded to the commission
23 in writing.
24 (6) Upon receipt of notice as required under s.
25 947.175, the commission shall conduct a review of the inmate's
26 record for the purpose of establishing the terms and
27 conditions of the conditional release. The commission may
28 impose any special conditions it considers warranted from its
29 review of the record. If the commission determines that the
30 inmate is eligible for release under this section, the
31 commission shall enter an order establishing the length of
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1 supervision and the conditions attendant thereto. However, an
2 inmate who has been convicted of a violation of chapter 794 or
3 found by the court to be a sexual predator is subject to the
4 maximum level of supervision provided, with the mandatory
5 conditions as required in subsection (7), and that supervision
6 shall continue through the end of the releasee's original
7 court-imposed sentence. The length of supervision must not
8 exceed the maximum penalty imposed by the court.
9 (7)(a) Any inmate who is convicted of a crime
10 committed on or after October 1, 1995, or who has been
11 previously convicted of a crime committed on or after October
12 1, 1995, in violation of chapter 794, s. 800.04, s. 827.071,
13 or s. 847.0145, and is subject to conditional release
14 supervision, shall have, in addition to any other conditions
15 imposed, the following special conditions imposed by the
16 commission:
17 1. A mandatory curfew from 10 p.m. to 6 a.m. The court
18 may designate another 8-hour period if the offender's
19 employment precludes the above specified time, and such
20 alternative is recommended by the Department of Corrections.
21 If the court determines that imposing a curfew would endanger
22 the victim, the court may consider alternative sanctions.
23 2. If the victim was under the age of 18, a
24 prohibition on living within 1,000 feet of a school, day care
25 center, park, playground, or other place where children
26 regularly congregate.
27 3. Active participation in and successful completion
28 of a sex offender treatment program with therapists
29 specifically trained to treat sex offenders, at the releasee's
30 own expense. If a specially trained therapist is not available
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1 within a 50-mile radius of the releasee's residence, the
2 offender shall participate in other appropriate therapy.
3 4. A prohibition on any contact with the victim,
4 directly or indirectly, including through a third person,
5 unless approved by the victim, the offender's therapist, and
6 the sentencing court.
7 5. If the victim was under the age of 18, a
8 prohibition, until successful completion of a sex offender
9 treatment program, on unsupervised contact with a child under
10 the age of 18, unless authorized by the commission without
11 another adult present who is responsible for the child's
12 welfare, has been advised of the crime, and is approved by the
13 commission.
14 6. If the victim was under age 18, a prohibition on
15 working for pay or as a volunteer at any school, day care
16 center, park, playground, or other place where children
17 regularly congregate, as prescribed by the commission.
18 7. Unless otherwise indicated in the treatment plan
19 provided by the sexual offender treatment program, a
20 prohibition on viewing, owning, or possessing any obscene,
21 pornographic, or sexually stimulating visual or auditory
22 material, including telephone, electronic media, computer
23 programs, or computer services that are relevant to the
24 offender's deviant behavior pattern.
25 8. A requirement that the releasee must submit two
26 specimens of blood to the Florida Department of Law
27 Enforcement to be registered with the DNA database.
28 9. A requirement that the releasee make restitution to
29 the victim, as determined by the sentencing court or the
30 commission, for all necessary medical and related professional
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1 services relating to physical, psychiatric, and psychological
2 care.
3 10. Submission to a warrantless search by the
4 community control or probation officer of the probationer's or
5 community controllee's person, residence, or vehicle.
6 (b) For a releasee whose crime was committed on or
7 after October 1, 1997, in violation of chapter 794, s. 800.04,
8 s. 827.071, or s. 847.0145, and who is subject to conditional
9 release supervision, in addition to any other provision of
10 this subsection, the commission shall impose the following
11 additional conditions of conditional release supervision:
12 1. As part of a treatment program, participation in a
13 minimum of one annual polygraph examination to obtain
14 information necessary for risk management and treatment and to
15 reduce the sex offender's denial mechanisms. The polygraph
16 examination must be conducted by a polygrapher trained
17 specifically in the use of the polygraph for the monitoring of
18 sex offenders, where available, and at the expense of the sex
19 offender. The results of the polygraph examination shall not
20 be used as evidence in a hearing to prove that a violation of
21 supervision has occurred.
22 2. Maintenance of a driving log and a prohibition
23 against driving a motor vehicle alone without the prior
24 approval of the supervising officer.
25 3. A prohibition against obtaining or using a post
26 office box without the prior approval of the supervising
27 officer.
28 4. If there was sexual contact, a submission to, at
29 the probationer's or community controllee's expense, an HIV
30 test with the results to be released to the victim or the
31 victim's parent or guardian.
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1 5. Electronic monitoring when deemed necessary by the
2 community control or probation officer and his or her
3 supervisor, and ordered by the court at the recommendation of
4 the Department of Corrections.
5 (8) It is the finding of the Legislature that the
6 population of offenders released from state prison into the
7 community who meet the conditional release criteria poses the
8 greatest threat to the public safety of the groups of
9 offenders under community supervision. Therefore, the
10 Department of Corrections is to provide intensive supervision
11 by experienced correctional probation officers to conditional
12 release offenders. Subject to specific appropriation by the
13 Legislature, caseloads may be restricted to a maximum of 40
14 conditional release offenders per officer to provide for
15 enhanced public safety and to effectively monitor conditions
16 of electronic monitoring or curfews, if so ordered by the
17 commission.
18 Section 4. For the purpose of incorporating the
19 amendments made by this act to section 947.1405, Florida
20 Statutes, in references thereto, paragraph (i) of subsection
21 (4) of section 775.084, Florida Statutes, 1998 Supplement, is
22 reenacted to read:
23 775.084 Violent career criminals; habitual felony
24 offenders and habitual violent felony offenders; definitions;
25 procedure; enhanced penalties.--
26 (4)
27 (i) The provisions of s. 947.1405 shall apply to
28 persons sentenced as habitual felony offenders and persons
29 sentenced as habitual violent felony offenders.
30 Section 5. For the purpose of incorporating the
31 amendments made by this act to section 947.1405, Florida
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1 Statutes, in references thereto, subsection (1) of section
2 944.70, Florida Statutes, 1998 Supplement, is reenacted to
3 read:
4 944.70 Conditions for release from incarceration.--
5 (1)(a) A person who is convicted of a crime committed
6 on or after October 1, 1983, but before January 1, 1994, may
7 be released from incarceration only:
8 1. Upon expiration of the person's sentence;
9 2. Upon expiration of the person's sentence as reduced
10 by accumulated gain-time;
11 3. As directed by an executive order granting
12 clemency;
13 4. Upon attaining the provisional release date;
14 5. Upon placement in a conditional release program
15 pursuant to s. 947.1405; or
16 6. Upon the granting of control release pursuant to s.
17 947.146.
18 (b) A person who is convicted of a crime committed on
19 or after January 1, 1994, may be released from incarceration
20 only:
21 1. Upon expiration of the person's sentence;
22 2. Upon expiration of the person's sentence as reduced
23 by accumulated meritorious or incentive gain-time;
24 3. As directed by an executive order granting
25 clemency;
26 4. Upon placement in a conditional release program
27 pursuant to s. 947.1405 or a conditional medical release
28 program pursuant to s. 947.149; or
29 5. Upon the granting of control release, including
30 emergency control release, pursuant to s. 947.146.
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1 Section 6. For the purpose of incorporating the
2 amendments made by this act to section 947.1405, Florida
3 Statutes, in references thereto, paragraph (f) of subsection
4 (1) of section 947.13, Florida Statutes, is reenacted to read:
5 947.13 Powers and duties of commission.--
6 (1) The commission shall have the powers and perform
7 the duties of:
8 (f) Establishing the terms and conditions of persons
9 released on conditional release under s. 947.1405, and
10 determining subsequent ineligibility for conditional release
11 due to a violation of the terms or conditions of conditional
12 release and taking action with respect to such a violation.
13 Section 7. For the purpose of incorporating the
14 amendments made by this act to section 947.1405, Florida
15 Statutes, in references thereto, subsections (1) and (2) of
16 section 947.141, Florida Statutes, are reenacted to read:
17 947.141 Violations of conditional release, control
18 release, or conditional medical release.--
19 (1) If a member of the commission or a duly authorized
20 representative of the commission has reasonable grounds to
21 believe that an offender who is on release supervision under
22 s. 947.1405, s. 947.146, or s. 947.149 has violated the terms
23 and conditions of the release in a material respect, such
24 member or representative may cause a warrant to be issued for
25 the arrest of the releasee; if the offender was found to be a
26 sexual predator, the warrant must be issued.
27 (2) Upon the arrest on a felony charge of an offender
28 who is on release supervision under s. 947.1405, s. 947.146,
29 or s. 947.149, the offender must be detained without bond
30 until the initial appearance of the offender at which a
31 judicial determination of probable cause is made. If the
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1 magistrate determines that there was no probable cause for the
2 arrest, the offender may be released. If the magistrate
3 determines that there was probable cause for the arrest, such
4 determination also constitutes reasonable grounds to believe
5 that the offender violated the conditions of the release.
6 Within 24 hours after the magistrate's finding of probable
7 cause, the detention facility administrator or designee shall
8 notify the commission and the department of the finding and
9 transmit to each a facsimile copy of the probable cause
10 affidavit or the sworn offense report upon which the
11 magistrate's probable cause determination is based. The
12 offender must continue to be detained without bond for a
13 period not exceeding 72 hours excluding weekends and holidays
14 after the date of the probable cause determination, pending a
15 decision by the commission whether to issue a warrant charging
16 the offender with violation of the conditions of release. Upon
17 the issuance of the commission's warrant, the offender must
18 continue to be held in custody pending a revocation hearing
19 held in accordance with this section.
20 Section 8. This act shall take effect July 1, 1999.
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22 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
23 Senate Bill 1428
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25 Provides for the addition of a fourth commissioner to the
Parole Commission.
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