House Bill 2325

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    Florida House of Representatives - 2000                HB 2325

        By Representatives Brummer, Feeney, Fasano and Posey






  1                      A bill to be entitled

  2         An act relating to postprison supervision;

  3         creating the "Mandatory Postprison Supervision

  4         Act of 2000"; amending ss. 20.055, 186.003, and

  5         255.502, F.S.; deleting Parole Commission from

  6         the definition of "state agency" for purposes

  7         of agency inspectors general, the Florida State

  8         Comprehensive Planning Act of 1972, and the

  9         Florida Building and Facilities Act; amending

10         s. 186.005, F.S., relating to designation of

11         departmental planning officer in state

12         agencies, to conform; amending ss. 20.315,

13         20.32, 23.21, 112.011, 216.0172, 322.16,

14         394.926, 394.927, 775.089, 775.16, 784.07,

15         843.01, 843.02, 843.08, 893.11, 921.001,

16         921.16, 921.20, 921.21, 921.22, 940.03, 940.05,

17         941.23, 943.06, 943.325, 944.012, 944.02,

18         944.024, 944.23, 944.605, 945.091, 945.10,

19         945.25, 945.47, 945.73, 947.005, 947.01,

20         947.02, 947.021, 947.022, 947.03, 947.05,

21         947.06, 947.07, 947.071, 947.10, 947.11,

22         947.146, 947.149, 947.15, 947.16, 947.165,

23         947.168, 947.172, 947.173, 947.174, 947.1745,

24         947.1746, 947.1747, 947.175, 947.177, 947.18,

25         947.181, 947.185, 947.19, 947.20, 947.21,

26         947.22, 947.23, 947.24, 947.26, 948.09, 948.10,

27         949.05, 957.06, 958.045, 960.001, 960.17,

28         985.04, and 985.05, F.S.; renaming the Parole

29         Commission as the Parole Board; renaming

30         chapter 947, F.S., to conform; amending ss.

31         775.21, 921.0017, and 948.04, F.S.; conforming

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  1         cross references to changes made by the act;

  2         amending ss. 921.187 and 944.291, F.S.;

  3         requiring mandatory postprison probation for

  4         certain offenders; amending s. 944.28, F.S.;

  5         revising language relating to forfeiture of

  6         gain-time; amending s. 947.002, F.S.; removing

  7         administrative responsibilities from the board;

  8         amending s. 947.04, F.S.; removing

  9         administrative responsibilities from the board

10         and providing for certain administrative

11         support to the board by the Department of

12         Corrections; amending s. 947.12, F.S.;

13         requiring bills for board members' travel

14         expenses to be submitted to the department;

15         authorizing reimbursement for per diem and

16         travel expenses for members of the parole

17         qualifications committee; amending s. 947.13,

18         F.S.; requiring the Department of Juvenile

19         Justice to cooperate with the board in certain

20         investigations; amending s. 947.1405, F.S.;

21         providing responsibilities of the department

22         with regard to the conditional release program;

23         requiring the board to review department

24         recommendations; revising provisions relating

25         to mandatory curfews for persons under

26         conditional release supervision; providing for

27         court-ordered electronic monitoring of persons

28         under conditional release supervision;

29         providing conditions for revocation of

30         conditional release and mandatory postprison

31         probation, and forfeiture of gain-time;

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  1         prohibiting placing offenders on conditional

  2         release supervision for convictions with

  3         offense dates on or after July 1, 2000;

  4         amending s. 947.141, F.S.; providing a

  5         timeframe for applicability of said section to

  6         violations of conditional release; providing

  7         circumstances for certain hearings in circuit

  8         courts; amending s. 948.001, F.S.; adding

  9         definitions of "department" and "mandatory

10         postprison probation"; amending s. 948.01,

11         F.S.; requiring court-ordered mandatory

12         postprison probation for certain defendants;

13         amending s. 948.03, F.S.; revising terms and

14         conditions of probation and community control

15         to require court-ordered mandatory postprison

16         probation for certain defendants; specifying

17         conditions of supervision; providing for

18         calculation of date of termination of

19         postprison probation; authorizing the court to

20         impose a split sentence in addition to

21         postprison probation; amending s. 948.06, F.S.;

22         revising provisions relating to violation of

23         probation and community control to include

24         violations of conditional release; providing

25         circumstances for revocation of conditional

26         release and postprison probation and forfeiture

27         of gain-time under certain circumstances;

28         providing circumstances for certain hearings in

29         circuit courts; authorizing the court to

30         continue, modify, or revoke terms and

31         conditions of conditional release; repealing s.

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  1         947.135, F.S., the Mutual Participation Program

  2         Act of 1976; repealing s. 958.15, F.S.,

  3         relating to mutual participation agreements;

  4         providing an effective date.

  5

  6  Be It Enacted by the Legislature of the State of Florida:

  7

  8         Section 1.  Short title.--This act may be cited as the

  9  "Mandatory Postprison Supervision Act of 2000."

10         Section 2.  Paragraph (a) of subsection (1) of section

11  20.055, Florida Statutes, is amended to read:

12         20.055  Agency inspectors general.--

13         (1)  For the purposes of this section:

14         (a)  "State agency" means each department created

15  pursuant to this chapter, and also includes the Executive

16  Office of the Governor, the Department of Military Affairs,

17  the Parole Commission, the Board of Regents, the Fish and

18  Wildlife Conservation Commission, the Public Service

19  Commission, and the state courts system.

20         Section 3.  Subsections (10) and (11) of section

21  20.315, Florida Statutes, are amended to read:

22         20.315  Department of Corrections.--There is created a

23  Department of Corrections.

24         (10)  FORM OF COMMITMENT; NOTICE OF PAROLE

25  VIOLATION.--All commitments shall state the statutory

26  authority therefor. The Secretary of Corrections shall have

27  the authority to prescribe the form to be used for

28  commitments.  Nothing in this act shall be construed to

29  abridge the authority and responsibility of the Parole Board

30  Commission with respect to the granting and revocation of

31  parole. The Department of Corrections shall notify the Parole

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  1  Board Commission of all violations of parole conditions and

  2  provide reports connected thereto as may be requested by the

  3  board commission. The board commission shall have the

  4  authority to issue orders dealing with supervision of specific

  5  parolees, and such orders shall be binding on all parties.

  6         (11)  SINGLE INFORMATION AND RECORDS SYSTEM.--There

  7  shall be only one offender-based information and records

  8  system maintained by the Department of Corrections for the

  9  joint use of the department and the Parole Board Commission.

10  This data system is managed through the Justice Data Center,

11  which is hereby transferred to the department under this act

12  pursuant to a type two transfer authorized under s. 20.06(2).

13  The department shall develop and maintain, in consultation

14  with the Criminal and Juvenile Justice Information Systems

15  Council under s. 943.08, such offender-based information

16  system designed to serve the needs of both the department and

17  the Parole Board Commission. The department shall notify the

18  commission of all violations of parole and the circumstances

19  thereof.

20         Section 4.  Section 20.32, Florida Statutes, is amended

21  to read:

22         20.32  Parole Board Commission.--

23         (1)  The Parole and Probation Commission, authorized by

24  s. 8(c), Art. IV, State Constitution of 1968, is continued and

25  renamed the Parole Board Commission.  The board commission

26  retains its powers, duties, and functions with respect to the

27  granting and revoking of parole and shall exercise powers,

28  duties, and functions relating to investigations of

29  applications for clemency as directed by the Governor and the

30  Cabinet.

31

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  1         (2)  All powers, duties, and functions relating to the

  2  appointment of the Parole Board Commission as provided in s.

  3  947.02 or s. 947.021 shall be exercised and performed by the

  4  Governor and the Cabinet.  Except as provided in s. 947.021,

  5  each appointment shall be made from among the first three

  6  eligible persons on the list of the persons eligible for said

  7  position.

  8         (3)  The board commission may require any employee of

  9  the board commission to give a bond for the faithful

10  performance of his or her duties. The board commission may

11  determine the amount of the bond and must approve the bond. In

12  determining the amount of the bond, the board commission may

13  consider the amount of money or property likely to be in

14  custody of the officer or employee at any one time. The

15  premiums for the bonds must be paid out of the funds of the

16  board commission.

17         Section 5.  Subsection (1) of section 23.21, Florida

18  Statutes, is amended to read:

19         23.21  Definitions.--For purposes of this part:

20         (1)  "Department" means a principal administrative unit

21  within the executive branch of state government, as defined in

22  chapter 20, and includes the State Board of Administration,

23  the Executive Office of the Governor, the Fish and Wildlife

24  Conservation Commission, the Parole Board Commission, the

25  Agency for Health Care Administration, the Board of Regents,

26  the State Board of Community Colleges, the Justice

27  Administrative Commission, the Capital Collateral

28  Representative, and separate budget entities placed for

29  administrative purposes within a department.

30         Section 6.  Paragraph (b) of subsection (2) of section

31  112.011, Florida Statutes, is amended to read:

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  1         112.011  Felons; removal of disqualifications for

  2  employment, exceptions.--

  3         (2)

  4         (b)  This section shall not be applicable to the

  5  employment practices of any fire department relating to the

  6  hiring of firefighters.  An applicant for employment with any

  7  fire department with a prior felony conviction shall be

  8  excluded from employment for a period of 4 years after

  9  expiration of sentence or final release by the Parole Board

10  Commission unless the applicant, prior to the expiration of

11  the 4-year period, has received a full pardon or has had his

12  or her civil rights restored.

13         Section 7.  Subsection (6) of section 186.003, Florida

14  Statutes, is amended to read:

15         186.003  Definitions.--As used in ss. 186.001-186.031

16  and 186.801-186.901, the term:

17         (6)  "State agency" means each executive department,

18  the Fish and Wildlife Conservation Commission, the Parole

19  Commission, and the Department of Military Affairs.

20         Section 8.  Subsection (1) of section 186.005, Florida

21  Statutes, is amended to read:

22         186.005  Designation of departmental planning

23  officer.--

24         (1)  The head of each executive department and the

25  Public Service Commission, the Fish and Wildlife Conservation

26  Commission, the Parole Commission, and the Department of

27  Military Affairs shall select from within such agency a person

28  to be designated as the planning officer for such agency. The

29  planning officer shall be responsible for coordinating with

30  the Executive Office of the Governor and with the planning

31

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  1  officers of other agencies all activities and responsibilities

  2  of such agency relating to planning.

  3         Section 9.  Paragraph (c) of subsection (6) of section

  4  216.0172, Florida Statutes, is amended to read:

  5         216.0172  Schedule for submission of performance-based

  6  program budgets.--In order to implement the provisions of

  7  chapter 94-249, Laws of Florida, state agencies shall submit

  8  performance-based program budget legislative budget requests

  9  for programs approved pursuant to s. 216.0166 to the Executive

10  Office of the Governor and the Legislature based on the

11  following schedule:

12         (6)  By September 1, 1999, for the 2000-2001 fiscal

13  year, by the following:

14         (c)  Parole Board and Probation Commission.

15         Section 10.  Subsection (3) of section 255.502, Florida

16  Statutes, is amended to read:

17         255.502  Definitions; ss. 255.501-255.525.--As used in

18  this act, the following words and terms shall have the

19  following meanings unless the context otherwise requires:

20         (3)  "Agency" means any department created by chapter

21  20, the Executive Office of the Governor, the Fish and

22  Wildlife Conservation Commission, the Parole Commission, the

23  State Board of Administration, the Department of Military

24  Affairs, or the Legislative Branch or the Judicial Branch of

25  state government.

26         Section 11.  Paragraph (c) of subsection (1) of section

27  322.16, Florida Statutes, is amended to read:

28         322.16  License restrictions.--

29         (1)

30         (c)  The department may further, at any time, impose

31  other restrictions on the use of the license with respect to

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  1  time and purpose of use or may impose any other condition or

  2  restriction upon recommendation of any court, of the Parole

  3  Board Commission, or of the Department of Corrections with

  4  respect to any individual who is under the jurisdiction,

  5  supervision, or control of the entity that made the

  6  recommendation.

  7         Section 12.  Section 394.926, Florida Statutes, is

  8  amended to read:

  9         394.926  Notice to victims of release of persons

10  committed as sexually violent predators; notice to Department

11  of Corrections and Parole Board Commission.--

12         (1)  As soon as is practicable, the department shall

13  give written notice of the release of a person committed as a

14  sexually violent predator to any victim of the committed

15  person who is alive and whose address is known to the

16  department or, if the victim is deceased, to the victim's

17  family, if the family's address is known to the department.

18  Failure to notify is not a reason for postponement of release.

19  This section does not create a cause of action against the

20  state or an employee of the state acting within the scope of

21  the employee's employment as a result of the failure to notify

22  pursuant to this part.

23         (2)  If a sexually violent predator who has an active

24  or pending term of probation, community control, parole,

25  conditional release, or other court-ordered or postprison

26  release supervision is released from custody, the department

27  must immediately notify the Department of Corrections' Office

28  of Community Corrections in Tallahassee. The Parole Board

29  Commission must also be immediately notified of any releases

30  of a sexually violent predator who has an active or pending

31  term of parole, conditional release, or other postprison

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  1  release supervision that is administered by the Parole Board

  2  Commission.

  3         Section 13.  Section 394.927, Florida Statutes, is

  4  amended to read:

  5         394.927  Escape while in lawful custody; notice to

  6  victim; notice to the Department of Corrections and Parole

  7  Board Commission.--

  8         (1)  A person who is held in lawful custody pursuant to

  9  a judicial finding of probable cause under s. 394.915 or

10  pursuant to a commitment as a sexually violent predator under

11  s. 394.916 and who escapes or attempts to escape while in such

12  custody commits a felony of the second degree, punishable as

13  provided in s. 775.082, s. 775.083, or s. 775.084.

14         (2)  If a person who is held in custody pursuant to a

15  finding of probable cause or commitment as a sexually violent

16  predator escapes while in custody, the department shall

17  immediately notify the victim in accordance with s. 394.926.

18  The state attorney that filed the petition for civil

19  commitment of the escapee must also be immediately notified by

20  the department. If the escapee has an active or pending term

21  of probation, community control, parole, conditional release,

22  or other court-ordered or postprison release supervision, the

23  department shall also immediately notify the Department of

24  Corrections' Office of Community Corrections in Tallahassee.

25  The Parole Board Commission shall also be immediately notified

26  of an escape if the escapee has an active or pending term of

27  parole, conditional release, or other postprison release

28  supervision that is administered by the Parole Board

29  Commission.

30         Section 14.  Subsection (4) of section 775.089, Florida

31  Statutes, is amended to read:

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  1         775.089  Restitution.--

  2         (4)  If a defendant is placed on probation or paroled,

  3  complete satisfaction of any restitution ordered under this

  4  section shall be a condition of such probation or parole.  The

  5  court may revoke probation, and the Parole Board Commission

  6  may revoke parole, if the defendant fails to comply with such

  7  order.

  8         Section 15.  Subsection (1) and paragraphs (a) and (b)

  9  of subsection (2) of section 775.16, Florida Statutes, are

10  amended to read:

11         775.16  Drug offenses; additional penalties.--In

12  addition to any other penalty provided by law, a person who

13  has been convicted of sale of or trafficking in, or conspiracy

14  to sell or traffic in, a controlled substance under chapter

15  893, if such offense is a felony, or who has been convicted of

16  an offense under the laws of any state or country which, if

17  committed in this state, would constitute the felony of

18  selling or trafficking in, or conspiracy to sell or traffic

19  in, a controlled substance under chapter 893, is:

20         (1)  Disqualified from applying for employment by any

21  agency of the state, unless:

22         (a)  The person has completed all sentences of

23  imprisonment or supervisory sanctions imposed by the court, by

24  the Parole Board Commission, or by law; or

25         (b)  The person has complied with the conditions of

26  subparagraphs 1. and 2. which shall be monitored by the

27  Department of Corrections while the person is under any

28  supervisory sanctions. The person under supervision may:

29         1.  Seek evaluation and enrollment in, and once

30  enrolled maintain enrollment in until completion, a drug

31  treatment and rehabilitation program which is approved by the

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  1  Department of Children and Family Services, unless it is

  2  deemed by the program that the person does not have a

  3  substance abuse problem. The treatment and rehabilitation

  4  program may be specified by:

  5         a.  The court, in the case of court-ordered supervisory

  6  sanctions;

  7         b.  The Parole Board Commission, in the case of parole,

  8  control release, or conditional release; or

  9         c.  The Department of Corrections, in the case of

10  imprisonment or any other supervision required by law.

11         2.  Submit to periodic urine drug testing pursuant to

12  procedures prescribed by the Department of Corrections.  If

13  the person is indigent, the costs shall be paid by the

14  Department of Corrections.

15         (2)  Disqualified from applying for a license, permit,

16  or certificate required by any agency of the state to

17  practice, pursue, or engage in any occupation, trade,

18  vocation, profession, or business, unless:

19         (a)  The person has completed all sentences of

20  imprisonment or supervisory sanctions imposed by the court, by

21  the Parole Board Commission, or by law;

22         (b)  The person has complied with the conditions of

23  subparagraphs 1. and 2. which shall be monitored by the

24  Department of Corrections while the person is under any

25  supervisory sanction. If the person fails to comply with

26  provisions of these subparagraphs by either failing to

27  maintain treatment or by testing positive for drug use, the

28  department shall notify the licensing, permitting, or

29  certifying agency, which may refuse to reissue or reinstate

30  such license, permit, or certification.  The licensee,

31  permittee, or certificateholder under supervision may:

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  1         1.  Seek evaluation and enrollment in, and once

  2  enrolled maintain enrollment in until completion, a drug

  3  treatment and rehabilitation program which is approved or

  4  regulated by the Department of Children and Family Services,

  5  unless it is deemed by the program that the person does not

  6  have a substance abuse problem.  The treatment and

  7  rehabilitation program may be specified by:

  8         a.  The court, in the case of court-ordered supervisory

  9  sanctions;

10         b.  The Parole Board Commission, in the case of parole,

11  control release, or conditional release; or

12         c.  The Department of Corrections, in the case of

13  imprisonment or any other supervision required by law.

14         2.  Submit to periodic urine drug testing pursuant to

15  procedures prescribed by the Department of Corrections.  If

16  the person is indigent, the costs shall be paid by the

17  Department of Corrections; or

18         (c)  The person has successfully completed an

19  appropriate program under the Correctional Education Program.

20

21  The provisions of this section do not apply to any of the

22  taxes, fees, or permits regulated, controlled, or administered

23  by the Department of Revenue in accordance with the provisions

24  of s. 213.05.

25         Section 16.  Paragraph (b) of subsection (3) of section

26  775.21, Florida Statutes, is amended to read:

27         775.21  The Florida Sexual Predators Act; definitions;

28  legislative findings, purpose, and intent; criteria;

29  designation; registration; community and public notification;

30  immunity; penalties.--

31

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  1         (3)  LEGISLATIVE FINDINGS AND PURPOSE; LEGISLATIVE

  2  INTENT.--

  3         (b)  The high level of threat that a sexual predator

  4  presents to the public safety, and the long-term effects

  5  suffered by victims of sex offenses, provide the state with

  6  sufficient justification to implement a strategy that

  7  includes:

  8         1.  Incarcerating sexual predators and maintaining

  9  adequate facilities to ensure that decisions to release sexual

10  predators into the community are not made on the basis of

11  inadequate space.

12         2.  Providing for specialized supervision of sexual

13  predators who are in the community by specially trained

14  probation officers with low caseloads, as described in ss.

15  947.1405(8)(7) and 948.03(5). The sexual predator is subject

16  to specified terms and conditions implemented at sentencing or

17  at the time of release from incarceration, with a requirement

18  that those who are financially able must pay all or part of

19  the costs of supervision.

20         3.  Requiring the registration of sexual predators,

21  with a requirement that complete and accurate information be

22  maintained and accessible for use by law enforcement

23  authorities, communities, and the public.

24         4.  Providing for community and public notification

25  concerning the presence of sexual predators.

26         5.  Prohibiting sexual predators from working with

27  children, either for compensation or as a volunteer.

28         Section 17.  Paragraph (a) of subsection (1) of section

29  784.07, Florida Statutes, is amended to read:

30         784.07  Assault or battery of law enforcement officers,

31  firefighters, emergency medical care providers, public transit

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  1  employees or agents, or other specified officers;

  2  reclassification of offenses; minimum sentences.--

  3         (1)  As used in this section, the term:

  4         (a)  "Law enforcement officer" includes a law

  5  enforcement officer, a correctional officer, a correctional

  6  probation officer, a part-time law enforcement officer, a

  7  part-time correctional officer, an auxiliary law enforcement

  8  officer, and an auxiliary correctional officer, as those terms

  9  are respectively defined in s. 943.10, and any county

10  probation officer; employee or agent of the Department of

11  Corrections who supervises or provides services to inmates;

12  officer of the Parole Board Commission; and law enforcement

13  personnel of the Fish and Wildlife Conservation Commission,

14  the Department of Environmental Protection, or the Department

15  of Law Enforcement.

16         Section 18.  Section 843.01, Florida Statutes, is

17  amended to read:

18         843.01  Resisting officer with violence to his or her

19  person.--Whoever knowingly and willfully resists, obstructs,

20  or opposes any officer as defined in s. 943.10(1), (2), (3),

21  (6), (7), (8), or (9); member of the Parole Board Commission

22  or any administrative aide or supervisor employed by the board

23  commission; parole and probation supervisor; county probation

24  officer; personnel or representative of the Department of Law

25  Enforcement; or other person legally authorized to execute

26  process in the execution of legal process or in the lawful

27  execution of any legal duty, by offering or doing violence to

28  the person of such officer or legally authorized person, is

29  guilty of a felony of the third degree, punishable as provided

30  in s. 775.082, s. 775.083, or s. 775.084.

31

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  1         Section 19.  Section 843.02, Florida Statutes, is

  2  amended to read:

  3         843.02  Resisting officer without violence to his or

  4  her person.--Whoever shall resist, obstruct, or oppose any

  5  officer as defined in s. 943.10(1), (2), (3), (6), (7), (8),

  6  or (9); member of the Parole Board Commission or any

  7  administrative aide or supervisor employed by the board

  8  commission; county probation officer; parole and probation

  9  supervisor; personnel or representative of the Department of

10  Law Enforcement; or other person legally authorized to execute

11  process in the execution of legal process or in the lawful

12  execution of any legal duty, without offering or doing

13  violence to the person of the officer, shall be guilty of a

14  misdemeanor of the first degree, punishable as provided in s.

15  775.082 or s. 775.083.

16         Section 20.  Section 843.08, Florida Statutes, is

17  amended to read:

18         843.08  Falsely personating officer, etc.--A person who

19  falsely assumes or pretends to be a sheriff, officer of the

20  Florida Highway Patrol, officer of the Fish and Wildlife

21  Conservation Commission, officer of the Department of

22  Environmental Protection, officer of the Department of

23  Transportation, officer of the Department of Corrections,

24  correctional probation officer, deputy sheriff, state attorney

25  or assistant state attorney, statewide prosecutor or assistant

26  statewide prosecutor, state attorney investigator, coroner,

27  police officer, lottery special agent or lottery investigator,

28  beverage enforcement agent, or watchman, or any member of the

29  Parole Board Commission and any administrative aide or

30  supervisor employed by the board commission, or any personnel

31  or representative of the Department of Law Enforcement, and

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  1  takes upon himself or herself to act as such, or to require

  2  any other person to aid or assist him or her in a matter

  3  pertaining to the duty of any such officer, commits a felony

  4  of the third degree, punishable as provided in s. 775.082, s.

  5  775.083, or s. 775.084; however, a person who falsely

  6  personates any such officer during the course of the

  7  commission of a felony commits a felony of the second degree,

  8  punishable as provided in s. 775.082, s. 775.083, or s.

  9  775.084; except that if the commission of the felony results

10  in the death or personal injury of another human being, the

11  person commits a felony of the first degree, punishable as

12  provided in s. 775.082, s. 775.083, or s. 775.084.

13         Section 21.  Paragraph (a) of subsection (1) of section

14  893.11, Florida Statutes, is amended to read:

15         893.11  Suspension, revocation, and reinstatement of

16  business and professional licenses.--Upon the conviction in

17  any court of competent jurisdiction of any person holding a

18  license, permit, or certificate issued by a state agency, for

19  sale of, or trafficking in, a controlled substance or for

20  conspiracy to sell, or traffic in, a controlled substance, if

21  such offense is a felony, the clerk of said court shall send a

22  certified copy of the judgment of conviction with the person's

23  license number, permit number, or certificate number on the

24  face of such certified copy to the agency head by whom the

25  convicted defendant has received a license, permit, or

26  certificate to practice his or her profession or to carry on

27  his or her business.  Such agency head shall suspend or revoke

28  the license, permit, or certificate of the convicted defendant

29  to practice his or her profession or to carry on his or her

30  business. Upon a showing by any such convicted defendant whose

31  license, permit, or certificate has been suspended or revoked

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  1  pursuant to this section that his or her civil rights have

  2  been restored or upon a showing that the convicted defendant

  3  meets the following criteria, the agency head may reinstate or

  4  reactivate such license, permit, or certificate when:

  5         (1)  The person has complied with the conditions of

  6  paragraphs (a) and (b) which shall be monitored by the

  7  Department of Corrections while the person is under any

  8  supervisory sanction. If the person fails to comply with

  9  provisions of these paragraphs by either failing to maintain

10  treatment or by testing positive for drug use, the department

11  shall notify the licensing, permitting, or certifying agency,

12  which shall revoke the license, permit, or certification.  The

13  person under supervision may:

14         (a)  Seek evaluation and enrollment in, and once

15  enrolled maintain enrollment in until completion, a drug

16  treatment and rehabilitation program which is approved or

17  regulated by the Department of Children and Family Services.

18  The treatment and rehabilitation program shall be specified

19  by:

20         1.  The court, in the case of court-ordered supervisory

21  sanctions;

22         2.  The Parole Board Commission, in the case of parole,

23  control release, or conditional release; or

24         3.  The Department of Corrections, in the case of

25  imprisonment or any other supervision required by law.

26         Section 22.  Paragraph (a) of subsection (9) of section

27  921.001, Florida Statutes, is amended to read:

28         921.001  Sentencing Commission and sentencing

29  guidelines generally.--

30         (9)(a)  The Sentencing Commission and the office of the

31  State Courts Administrator shall conduct ongoing research on

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  1  the impact of the sentencing guidelines, the use of

  2  imprisonment and alternatives to imprisonment, and plea

  3  bargaining.  The commission, with the aid of the office of the

  4  State Courts Administrator, the Department of Corrections, and

  5  the Parole Board Commission, shall estimate the impact of any

  6  proposed changes to the sentencing guidelines on future rates

  7  of incarceration and levels of prison population, based in

  8  part on historical data of sentencing practices which have

  9  been accumulated by the office of the State Courts

10  Administrator and on Department of Corrections records

11  reflecting average time served for offenses covered by the

12  proposed changes to the guidelines. The commission shall

13  review the projections of impact and shall make them available

14  to other appropriate agencies of state government, including

15  the Legislature, by October 1 of each year.

16         Section 23.  Section 921.0017, Florida Statutes, is

17  amended to read:

18         921.0017  Credit upon recommitment of offender serving

19  split sentence.--Effective for offenses committed on or after

20  January 1, 1994, if an offender's probation or community

21  control is revoked and the offender is serving a split

22  sentence pursuant to s. 948.01, upon recommitment to the

23  Department of Corrections, the court shall order credit for

24  time served in state prison or county jail only, without

25  considering any type of gain-time earned before release to

26  supervision, or any type of sentence reduction granted to

27  avoid prison overcrowding, including, but not limited to, any

28  sentence reduction resulting from administrative gain-time,

29  provisional credits, or control release.  The court shall

30  determine the amount of jail-time credit to be awarded for

31  time served between the date of arrest as a violator and the

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  1  date of recommitment, and shall direct the Department of

  2  Corrections to compute and apply credit for all other time

  3  served previously on the prior sentence for the offense for

  4  which the offender is being recommitted.  This section does

  5  not affect or limit the department's authority to forfeit

  6  gain-time under ss. 944.28(1) and 948.06(8)(7).

  7         Section 24.  Subsection (2) of section 921.16, Florida

  8  Statutes, is amended to read:

  9         921.16  When sentences to be concurrent and when

10  consecutive.--

11         (2)  A county court or circuit court of this state may

12  direct that the sentence imposed by such court be served

13  concurrently with a sentence imposed by a court of another

14  state or of the United States or, for purposes of this

15  section, concurrently with a sentence to be imposed in another

16  jurisdiction.  In such case, the Department of Corrections may

17  designate the correctional institution of the other

18  jurisdiction as the place for reception and confinement of

19  such person and may also designate the place in Florida for

20  reception and confinement of such person in the event that

21  confinement in the other jurisdiction terminates before the

22  expiration of the Florida sentence. The sheriff shall forward

23  commitment papers and other documents specified in s. 944.17

24  to the department. Upon imposing such a sentence, the court

25  shall notify the Parole Board Commission as to the

26  jurisdiction in which the sentence is to be served.  Any

27  prisoner so released to another jurisdiction shall be eligible

28  for consideration for parole by the Parole Board Commission

29  pursuant to the provisions of chapter 947, except that the

30  board commission shall determine the presumptive parole

31  release date and the effective parole release date by

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  1  requesting such person's file from the receiving jurisdiction.

  2  Upon receiving such records, the board commission shall

  3  determine these release dates based on the relevant

  4  information in that file and shall give credit toward

  5  reduction of the Florida sentence for gain-time granted by the

  6  jurisdiction where the inmate is serving the sentence.  The

  7  Parole Board Commission may concur with the parole release

  8  decision of the jurisdiction granting parole and accepting

  9  supervision.

10         Section 25.  Subsection (4) is added to section

11  921.187, Florida Statutes, to read:

12         921.187  Disposition and sentencing; alternatives;

13  restitution.--

14         (4)  For any offense committed on or after July 1,

15  2000, if an offender receives a state prison sentence, the

16  court shall order that any portion of the prison sentence that

17  is not served by an offender due to the application of

18  gain-time must be served on mandatory postprison probation

19  pursuant to s. 948.03(6). In imposing such sentence, the court

20  shall order terms and conditions for the probation portion of

21  the sentence.  Conditions of mandatory postprison probation

22  may include any condition that is authorized by law.

23         Section 26.  Section 921.20, Florida Statutes, is

24  amended to read:

25         921.20  Classification summary; Parole Board

26  Commission.--As soon as possible after a prisoner has been

27  placed in the custody of the Department of Corrections, the

28  classification board shall furnish a classification summary to

29  the Parole Board Commission for use as provided in s. 947.13

30  947.14.  The summary shall include the criminal, personal,

31  social, and environmental background and other relevant

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  1  factors considered in classifying the prisoner for a penal

  2  environment best suited for the prisoner's rapid

  3  rehabilitation.

  4         Section 27.  Section 921.21, Florida Statutes, is

  5  amended to read:

  6         921.21  Progress reports to Parole Board

  7  Commission.--From time to time the Department of Corrections

  8  shall submit to the Parole Board Commission progress reports

  9  and recommendations regarding prisoners sentenced under s.

10  921.18. When the classification board of the Department of

11  Corrections determines that justice and the public welfare

12  will best be served by paroling or discharging a prisoner, it

13  shall transmit its finding to the Parole Board Commission.

14  The Parole Board commission shall have the authority to place

15  the prisoner on parole as provided by law or give the prisoner

16  a full discharge from custody. The period of a parole granted

17  by the Parole Board Commission shall be in its discretion, but

18  the parole period shall not exceed the maximum term for which

19  the prisoner was sentenced.

20         Section 28.  Section 921.22, Florida Statutes, is

21  amended to read:

22         921.22  Determination of exact period of imprisonment

23  by Parole Board Commission.--Upon the recommendation of the

24  Department of Corrections, the Parole Board Commission shall

25  have the authority to determine the exact period of

26  imprisonment to be served by defendants sentenced under the

27  provisions of s. 921.18, but a prisoner shall not be held in

28  custody longer than the maximum sentence provided for the

29  offense.

30         Section 29.  Section 940.03, Florida Statutes, is

31  amended to read:

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  1         940.03  Application for executive clemency.--When any

  2  person intends to apply for remission of any fine or

  3  forfeiture or the commutation of any punishment, or for pardon

  4  or restoration of civil rights, he or she shall request an

  5  application form from the Parole Board Commission in

  6  compliance with such rules regarding application for executive

  7  clemency as are adopted by the Governor with the approval of

  8  three members of the Cabinet. Such application may require the

  9  submission of a certified copy of the applicant's indictment

10  or information, the judgment adjudicating the applicant to be

11  guilty, and the sentence, if sentence has been imposed, and

12  may also require the applicant to send a copy of the

13  application to the judge and prosecuting attorney of the court

14  in which the applicant was convicted, notifying them of the

15  applicant's intent to apply for executive clemency. An

16  application for executive clemency for a person who is

17  sentenced to death must be filed within 1 year after the date

18  the Supreme Court issues a mandate on a direct appeal or the

19  United States Supreme Court denies a petition for certiorari,

20  whichever is later.

21         Section 30.  Subsection (3) of section 940.05, Florida

22  Statutes, is amended to read:

23         940.05  Restoration of civil rights.--Any person who

24  has been convicted of a felony may be entitled to the

25  restoration of all the rights of citizenship enjoyed by him or

26  her prior to conviction if the person has:

27         (3)  Been granted his or her final release by the

28  Parole Board Commission.

29         Section 31.  Subsections (2) and (3) of section 941.23,

30  Florida Statutes, are amended to read:

31

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  1         941.23  Application for issuance of requisition; by

  2  whom made; contents.--

  3         (2)  When the return to this state is required of a

  4  person who has been convicted of a crime in this state and has

  5  escaped from confinement or broken the terms of his or her

  6  bail, probation, or parole, the state attorney of the county

  7  in which the offense was committed, the Parole Board

  8  Commission, the Department of Corrections, or the warden of

  9  the institution or sheriff of the county, from which escape

10  was made, shall present to the Governor a written application

11  for a requisition for the return of such person, in which

12  application shall be stated the name of the person, the crime

13  of which the person was convicted, the circumstances of his or

14  her escape from confinement or of the breach of the terms of

15  his or her bail, probation, or parole, and the state in which

16  the person is believed to be, including the location of the

17  person therein at the time application is made.

18         (3)  The application shall be verified by affidavit,

19  shall be executed in duplicate, and shall be accompanied by

20  two certified copies of the indictment returned or information

21  and affidavit filed or of the complaint made to the judge,

22  stating the offense with which the accused is charged, or of

23  the judgment of conviction or of the sentence.  The

24  prosecuting officer, Parole Board Commission, Department of

25  Corrections, warden, or sheriff may also attach such further

26  affidavits and other documents in duplicate as he or she shall

27  deem proper to be submitted with such application.  One copy

28  of the application, with the action of the Governor indicated

29  by endorsement thereon, and one of the certified copies of the

30  indictment, complaint, information, and affidavits or of the

31  judgment of conviction or of the sentence shall be filed in

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  1  the office of the Department of State to remain of record in

  2  that office. The other copies of all papers shall be forwarded

  3  with the Governor's requisition.

  4         Section 32.  Subsection (1) of section 943.06, Florida

  5  Statutes, is amended to read:

  6         943.06  Criminal and Juvenile Justice Information

  7  Systems Council.--There is created a Criminal and Juvenile

  8  Justice Information Systems Council within the department.

  9         (1)  The council shall be composed of 14 members,

10  consisting of the Attorney General or a designated assistant;

11  the executive director of the Department of Law Enforcement or

12  a designated assistant; the secretary of the Department of

13  Corrections or a designated assistant; the chair of the Parole

14  Board Commission or a designated assistant; the Secretary of

15  Juvenile Justice or a designated assistant; the executive

16  director of the Department of Highway Safety and Motor

17  Vehicles or a designated assistant; the State Courts

18  Administrator or a designated assistant; 1 public defender

19  appointed by the Florida Public Defender Association, Inc.; 1

20  state attorney appointed by the Florida Prosecuting Attorneys

21  Association, Inc.; and 5 members, to be appointed by the

22  Governor, consisting of 2 sheriffs, 2 police chiefs, and 1

23  clerk of the circuit court.

24         Section 33.  Paragraph (a) of subsection (9) of section

25  943.325, Florida Statutes, is amended to read:

26         943.325  Blood specimen testing for DNA analysis.--

27         (9)  The Department of Law Enforcement shall:

28         (a)  Receive, process, and store blood samples and the

29  data derived therefrom furnished pursuant to subsection (1) or

30  pursuant to a requirement of supervision imposed by the court

31

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  1  or the Parole Board Commission with respect to a person

  2  convicted of any offense specified in subsection (1).

  3         Section 34.  Subsection (5) of section 944.012, Florida

  4  Statutes, is amended to read:

  5         944.012  Legislative intent.--The Legislature hereby

  6  finds and declares that:

  7         (5)  In order to make the correctional system an

  8  efficient and effective mechanism, the various agencies

  9  involved in the correctional process must coordinate their

10  efforts.  Where possible, interagency offices should be

11  physically located within major institutions and should

12  include representatives of the Florida State Employment

13  Service, the vocational rehabilitation programs of the

14  Department of Labor and Employment Security, and the Parole

15  Board Commission. Duplicative and unnecessary methods of

16  evaluating offenders must be eliminated and areas of

17  responsibility consolidated in order to more economically

18  utilize present scarce resources.

19         Section 35.  Subsection (3) of section 944.02, Florida

20  Statutes, is amended to read:

21         944.02  Definitions.--The following words and phrases

22  used in this chapter shall, unless the context clearly

23  indicates otherwise, have the following meanings:

24         (3)  "Board Commission" means the Parole Board

25  Commission.

26         Section 36.  Subsection (5) of section 944.024, Florida

27  Statutes, is amended to read:

28         944.024  Adult intake and evaluation.--The state system

29  of adult intake and evaluation shall include:

30         (5)  The performance of postsentence intake by the

31  department. Any physical facility established by the

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  1  department for the intake and evaluation process prior to the

  2  offender's entry into the correctional system shall provide

  3  for specific office and work areas for the staff of the board

  4  commission. The purpose of such a physical center shall be to

  5  combine in one place as many of the rehabilitation-related

  6  functions as possible, including pretrial and posttrial

  7  evaluation, parole and probation services, vocational

  8  rehabilitation services, family assistance services of the

  9  Department of Children and Family Services, and all other

10  rehabilitative and correctional services dealing with the

11  offender.

12         Section 37.  Section 944.23, Florida Statutes, is

13  amended to read:

14         944.23  Persons authorized to visit state prisons.--The

15  following persons shall be authorized to visit at their

16  pleasure all state correctional institutions:  The Governor,

17  all Cabinet members, members of the Legislature, judges of

18  state courts, state attorneys, public defenders, and

19  authorized representatives of the board commission.  No other

20  person not otherwise authorized by law shall be permitted to

21  enter a state correctional institution except under such

22  regulations as the department may prescribe.  Permission shall

23  not be unreasonably withheld from those who give sufficient

24  evidence to the department that they are bona fide reporters

25  or writers.

26         Section 38.  Subsection (1) of section 944.28, Florida

27  Statutes, is amended to read:

28         944.28  Forfeiture of gain-time and the right to earn

29  gain-time in the future.--

30         (1)  If a prisoner is convicted of escape, or if the

31  clemency, conditional release as described in chapter 947, any

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  1  form of probation or community control as described in chapter

  2  948, provisional release as described in s. 944.277, parole,

  3  or control release as described in s. 947.146 granted to the

  4  prisoner is revoked, the department may, without notice or

  5  hearing, declare a forfeiture of all gain-time earned

  6  according to the provisions of law by such prisoner prior to

  7  such escape or his or her release under such clemency,

  8  conditional release, any form of probation, community control,

  9  provisional release, control release, or parole.

10         Section 39.  Section 944.291, Florida Statutes, is

11  amended to read:

12         944.291  Prisoner released by reason of gain-time

13  allowances or attainment of provisional release date;

14  mandatory postprison probation.--

15         (1)  Notwithstanding any provision of law to the

16  contrary, a prisoner who has served his or her term or terms,

17  less allowable gain-time deductions as provided by law, or who

18  has attained his or her provisional release date shall, upon

19  release, be placed under further supervision and control of

20  the department. Any released prisoner who is not under further

21  supervision and control of the department or who is not

22  subject to any statute relating to parole shall be eligible,

23  on a voluntary basis, for any assistance available to him or

24  her through any parole or probation office under the

25  department.

26         (2)  Any prisoner who is convicted of a crime committed

27  on or after October 1, 1988, and before July 1, 2000, which

28  crime is contained in category 1, category 2, category 3, or

29  category 4 of Rule 3.701 and Rule 3.988, Florida Rules of

30  Criminal Procedure, and who has served at least one prior

31  felony commitment at a state or federal correctional

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  1  institution, or is sentenced as a habitual or violent habitual

  2  offender pursuant to s. 775.084, may only be released under

  3  conditional release supervision as described in chapter 947.

  4  Not fewer than 90 days prior to the tentative release date or

  5  provisional release date, whichever is earlier, the department

  6  shall provide the board commission with the name and inmate

  7  identification number for each eligible inmate.

  8         (3)  Any person who is convicted of an offense

  9  committed on or after July 1, 2000, and who has been sentenced

10  to state prison must be placed on mandatory postprison

11  probation as described in s. 948.03(6).

12         Section 40.  Section 944.605, Florida Statutes, is

13  amended to read:

14         944.605  Inmate release; notice by Department of

15  Corrections, Control Release Authority, or Parole Board

16  Commission.--

17         (1)  Within 6 months before the release of an inmate

18  from the custody of the Department of Corrections or a private

19  correctional facility by expiration of sentence under s.

20  944.275, any release program provided by law, or parole under

21  chapter 947, or as soon as possible if the offender is

22  released earlier than anticipated, notification of such

23  anticipated release date shall be made known by the

24  appropriate agency to the chief judge of the circuit in which

25  the offender was sentenced, the appropriate state attorney,

26  the original arresting law enforcement agency, the Department

27  of Law Enforcement, and the sheriff as chief law enforcement

28  officer of the county in which the inmate plans to reside. In

29  addition, unless otherwise requested by the victim or the

30  personal representative of the victim, the state attorney, the

31  Department of Corrections, the Control Release Authority, or

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  1  the Parole Board Commission, whichever is appropriate, shall

  2  notify such person within 6 months before the inmate's

  3  release, or as soon as possible if the offender is released

  4  earlier than anticipated, when the name and address of such

  5  victim or representative of the victim has been furnished to

  6  the agency.  The state attorney shall provide the latest

  7  address documented for the victim to the sheriff with the

  8  other documents required by law for the delivery of inmates to

  9  those agencies for service of sentence. For the purposes of

10  this section, the Parole Board Commission or the Control

11  Release Authority is the appropriate agency for any type of

12  release it grants, and the Department of Corrections is the

13  appropriate agency for any type of release it authorizes.

14  This section does not imply any repeal or modification of any

15  provision of law relating to notification of victims.

16         (2)  Within 60 days before the anticipated release of

17  an inmate under subsection (1), a digitized photograph of the

18  inmate to be released shall be made by the Department of

19  Corrections or a private correctional facility, whichever has

20  custody of the inmate. If a private correctional facility

21  makes the digitized photograph, this photograph shall be

22  provided to the Department of Corrections. Additionally, the

23  digitized photograph, whether made by the Department of

24  Corrections or a private correctional facility, shall be

25  placed in the inmate's file. The Department of Corrections

26  shall make the digitized photograph available electronically

27  to the Department of Law Enforcement as soon as the digitized

28  photograph is in the department's database and must be in a

29  format that is compatible with the requirements of the Florida

30  Crime Information Center. The department shall provide a copy

31

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  1  of the digitized photograph to a local law enforcement agency

  2  upon request.

  3         (3)  If an inmate is to be released after having served

  4  one or more sentences for a conviction of robbery, sexual

  5  battery, home-invasion robbery, or carjacking, or an inmate to

  6  be released has a prior conviction for robbery, sexual

  7  battery, home-invasion robbery, or carjacking or similar

  8  offense, in this state or in another jurisdiction, and if such

  9  prior conviction information is contained in department

10  records, the appropriate releasing agency shall release to the

11  sheriff of the county in which the inmate plans to reside,

12  and, if the inmate plans to reside within a municipality, to

13  the chief of police of that municipality, the following

14  information, which must include, but need not be limited to:

15         (a)  Name;

16         (b)  Social security number;

17         (c)  Date of birth;

18         (d)  Race;

19         (e)  Sex;

20         (f)  Height;

21         (g)  Weight;

22         (h)  Hair and eye color;

23         (i)  Tattoos or other identifying marks;

24         (j)  Fingerprints; and

25         (k)  A digitized photograph as provided in subsection

26  (2).

27

28  The department, the Parole Board Commission, or the Control

29  Release Authority shall release the information specified in

30  this subsection within 6 months prior to the discharge of the

31  inmate from the custody of the department.

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  1         (4)  An inmate who refuses to submit to the taking of a

  2  digitized photograph commits a felony of the third degree,

  3  punishable as provided in s. 775.082, s. 775.083, or s.

  4  775.084.

  5         Section 41.  Paragraph (b) of subsection (1) and

  6  paragraph (b) of subsection (6) of section 945.091, Florida

  7  Statutes, are amended to read:

  8         945.091  Extension of the limits of confinement;

  9  restitution by employed inmates.--

10         (1)  The department is authorized to adopt regulations

11  permitting the extension of the limits of the place of

12  confinement of an inmate as to whom there is reasonable cause

13  to believe that the inmate will honor his or her trust by

14  authorizing the inmate, under prescribed conditions and

15  following investigation and approval by the secretary, or the

16  secretary's designee, who shall maintain a written record of

17  such action, to leave the confines of that place unaccompanied

18  by a custodial agent for a prescribed period of time to:

19         (b)  Work at paid employment, participate in an

20  education or a training program, or voluntarily serve a public

21  or nonprofit agency in the community, while continuing as an

22  inmate of the institution or facility in which the inmate is

23  confined, except during the hours of his or her employment,

24  education, training, or service and traveling thereto and

25  therefrom.  An inmate may participate in paid employment only

26  during the last 36 months of his or her confinement, unless

27  sooner requested by the Parole Board Commission or the Control

28  Release Authority.

29         (6)

30         (b)  An offender who is required to provide restitution

31  or reparation may petition the circuit court to amend the

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  1  amount of restitution or reparation required or to revise the

  2  schedule of repayment established by the department or the

  3  Parole Board Commission.

  4         Section 42.  Paragraph (d) of subsection (1),

  5  paragraphs (a) and (b) of subsection (2), and subsection (5)

  6  of section 945.10, Florida Statutes, are amended to read:

  7         945.10  Confidential information.--

  8         (1)  Except as otherwise provided by law or in this

  9  section, the following records and information of the

10  Department of Corrections are confidential and exempt from the

11  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

12  Constitution:

13         (d)  Parole Board Commission records which are

14  confidential or exempt from public disclosure by law.

15         (2)  The records and information specified in

16  paragraphs (1)(b)-(h) may be released as follows unless

17  expressly prohibited by federal law:

18         (a)  Information specified in paragraphs (1)(b), (d),

19  and (f) to the Office of the Governor, the Legislature, the

20  Parole Board Commission, the Department of Children and Family

21  Services, a private correctional facility or program that

22  operates under a contract, the Department of Legal Affairs, a

23  state attorney, the court, or a law enforcement agency. A

24  request for records or information pursuant to this paragraph

25  need not be in writing.

26         (b)  Information specified in paragraphs (1)(c), (e),

27  and (h) to the Office of the Governor, the Legislature, the

28  Parole Board Commission, the Department of Children and Family

29  Services, a private correctional facility or program that

30  operates under contract, the Department of Legal Affairs, a

31  state attorney, the court, or a law enforcement agency. A

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  1  request for records or information pursuant to this paragraph

  2  must be in writing and a statement provided demonstrating a

  3  need for the records or information.

  4

  5  Records and information released under this subsection remain

  6  confidential and exempt from the provisions of s. 119.07(1)

  7  and s. 24(a), Art. I of the State Constitution when held by

  8  the receiving person or entity.

  9         (5)  The Department of Corrections and the Parole Board

10  Commission shall mutually cooperate with respect to

11  maintaining the confidentiality of records that are exempt

12  from the provisions of s. 119.07(1) and s. 24(a), Art. I of

13  the State Constitution.

14         Section 43.  Subsection (4) of section 945.25, Florida

15  Statutes, is amended to read:

16         945.25  Records.--

17         (4)  Following the initial hearing provided for in s.

18  947.172(1), the board commission shall prepare and the

19  department shall include in the official record a copy of the

20  seriousness-of-offense and favorable-parole-outcome scores and

21  shall include a listing of the specific factors and

22  information used in establishing a presumptive parole release

23  date for the inmate.

24         Section 44.  Subsection (3) of section 945.47, Florida

25  Statutes, is amended to read:

26         945.47  Discharge of inmate from mental health

27  treatment.--

28         (3)  At any time that an inmate who has received mental

29  health treatment while in the custody of the department

30  becomes eligible for release on parole, a complete record of

31  the inmate's treatment shall be provided to the Parole Board

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  1  Commission and to the Department of Children and Family

  2  Services. The record shall include, at least, the inmate's

  3  diagnosis, length of stay in treatment, clinical history,

  4  prognosis, prescribed medication, and treatment plan and

  5  recommendations for aftercare services.  In the event that the

  6  inmate is released on parole, the record shall be provided to

  7  the parole officer who shall assist the inmate in applying for

  8  services from a professional or an agency in the community.

  9  The application for treatment and continuation of treatment by

10  the inmate may be made a condition of parole, as provided in

11  s. 947.19(1); and a failure to participate in prescribed

12  treatment may be a basis for initiation of parole violation

13  hearings.

14         Section 45.  Subsection (6) of section 945.73, Florida

15  Statutes, is amended to read:

16         945.73  Inmate training program operation.--

17         (6)  The department shall work cooperatively with the

18  Control Release Authority, the Florida Parole Board

19  Commission, or such other authority as may exist or be

20  established in the future which is empowered by law to effect

21  the release of an inmate who has successfully completed the

22  requirements established by ss. 945.71-945.74.

23         Section 46.  Chapter 947, Florida Statutes, entitled

24  "Parole Commission," is renamed "Parole Board."

25         Section 47.  Subsection (3) of section 947.002, Florida

26  Statutes, is amended to read:

27         947.002  Intent.--

28         (3)  The chair shall be the agency head the board.

29  While the board commission is responsible for making decisions

30  on the granting and revoking of parole, the chair shall

31  establish, execute, and be held accountable for all

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  1  administrative policy decisions relating to the board's

  2  responsibilities and activities.  The routine operational

  3  administrative decisions are the full responsibility of the

  4  chair.

  5         Section 48.  Subsection (1) of section 947.005, Florida

  6  Statutes, is amended to read:

  7         947.005  Definitions.--As used in this chapter, unless

  8  the context clearly indicates otherwise:

  9         (1)  "Board Commission" means the Parole Board

10  Commission.

11         Section 49.  Section 947.01, Florida Statutes, is

12  amended to read:

13         947.01  Parole Board Commission; creation; number of

14  members.--A Parole Board Commission is created to consist of

15  six members who are residents of the state.  Effective July 1,

16  1996, the membership of the board commission shall be three

17  members.

18         Section 50.  Section 947.02, Florida Statutes, is

19  amended to read:

20         947.02  Parole Board Commission; members,

21  appointment.--

22         (1)  Except as provided in s. 947.021, the members of

23  the Parole Board Commission shall be appointed by the Governor

24  and Cabinet from a list of eligible applicants submitted by a

25  parole qualifications committee.  The appointments of members

26  of the board commission shall be certified to the Senate by

27  the Governor and Cabinet for confirmation, and the membership

28  of the board commission shall include representation from

29  minority persons as defined in s. 288.703.

30         (2)  A parole qualifications committee shall consist of

31  five persons who are appointed by the Governor and Cabinet.

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  1  One member shall be designated as chair by the Governor and

  2  Cabinet. The committee shall provide for statewide

  3  advertisement and the receiving of applications for any

  4  position or positions on the board commission and shall devise

  5  a plan for the determination of the qualifications of the

  6  applicants by investigations and comprehensive evaluations,

  7  including, but not limited to, investigation and evaluation of

  8  the character, habits, and philosophy of each applicant.  Each

  9  parole qualifications committee shall exist for 2 years.  If

10  additional vacancies on the board commission occur during this

11  2-year period, the committee may advertise and accept

12  additional applications; however, all previously submitted

13  applications shall be considered along with the new

14  applications according to the previously established plan for

15  the evaluation of the qualifications of applicants.

16         (3)  Within 90 days before an anticipated vacancy by

17  expiration of term pursuant to s. 947.03 or upon any other

18  vacancy, the Governor and Cabinet shall appoint a parole

19  qualifications committee if one has not been appointed during

20  the previous 2 years.  The committee shall consider

21  applications for the board commission seat, including the

22  application of an incumbent board member commissioner if he or

23  she applies, according to the provisions of subsection (2).

24  The committee shall submit a list  of three eligible

25  applicants, which may include the incumbent if the committee

26  so decides, without recommendation, to the Governor and

27  Cabinet for appointment to the board commission.  In the case

28  of an unexpired term, the appointment must be for the

29  remainder of the unexpired term and until a successor is

30  appointed and qualified. If more than one seat is vacant, the

31  committee shall submit a list of eligible applicants, without

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  1  recommendation, containing a number of names equal to three

  2  times the number of vacant seats; however, the names submitted

  3  shall not be distinguished by seat, and each submitted

  4  applicant shall be considered eligible for each vacancy.

  5         (4)  Upon receiving a list of eligible persons from the

  6  parole qualifications committee, the Governor and Cabinet may

  7  reject the list.  If the list is rejected, the committee shall

  8  reinitiate the application and examination procedure according

  9  to the provisions of subsection (2).

10         (5)  The provisions of s. 120.525 and chapters 119 and

11  286 apply to all activities and proceedings of a parole

12  qualifications committee.

13         Section 51.  Section 947.021, Florida Statutes, is

14  amended to read:

15         947.021  Parole Board Commission; expedited

16  appointments.--Whenever the Legislature decreases the

17  membership of the board commission, all terms of office shall

18  expire, notwithstanding any law to the contrary.  Under such

19  circumstances, the Governor and Cabinet shall expedite the

20  appointment of board members commissioners. Notwithstanding

21  the parole qualifications committee procedure in s. 947.02,

22  members shall be directly appointed by the Governor and

23  Cabinet. Members appointed to the board commission may be

24  selected from incumbents.  Members shall be certified to the

25  Senate by the Governor and Cabinet for confirmation, and the

26  membership of the board commission shall include

27  representation from minority persons as defined in s. 288.703.

28         Section 52.  Section 947.022, Florida Statutes, is

29  amended to read:

30         947.022  Parole Board Commission; expiration of terms;

31  terms of new members.--

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  1         (1)  Due to fundamental changes in the duties of the

  2  Parole Board Commission, including workload reductions of the

  3  Control Release Authority as provided for in this act,

  4  effective June 30, 1996, the terms of all members of the board

  5  commission shall expire.  The membership members of the Parole

  6  Board Commission shall be three members as provided in s.

  7  947.01.  Members of the board newly constituted commission

  8  shall serve staggered terms of appointment. Effective July 1,

  9  1996, for the initial appointments, the term of one member of

10  the board newly constituted commission shall be for 2 years,

11  one member for 4 years, and one member for 6 years.

12         (2)  This section shall take effect upon this act

13  becoming a law.

14         Section 53.  Section 947.03, Florida Statutes, is

15  amended to read:

16         947.03  Board members Commissioners; tenure and

17  removal.--

18         (1)  Unless otherwise provided by law, each board

19  member commissioner serving on July 1, 1983, shall be

20  permitted to remain in office until completion of his or her

21  current term.  Upon the expiration of the term, a successor

22  shall be appointed in the manner prescribed pursuant to the

23  provisions of this section, unless otherwise provided by law.

24  Members appointed by the Governor and Cabinet shall be

25  appointed for terms of 6 years, unless otherwise provided by

26  law.  No person is eligible to be appointed for more than two

27  consecutive 6-year terms.

28         (2)  Vacancies in the membership of the board

29  commission shall be filled by the Governor and Cabinet for the

30  unexpired term in the manner provided for in s. 947.02.

31

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  1         (3)  Each member appointed by the Governor and Cabinet

  2  is accountable to the Governor and Cabinet for the proper

  3  performance of the duties of his or her office.  The Governor

  4  and Cabinet may remove from office any such member for

  5  malfeasance, misfeasance, neglect of duty, drunkenness,

  6  incompetence, or permanent inability to perform official

  7  duties or for pleading guilty or nolo contendere to, or being

  8  found guilty of, a felony. All such removals shall be

  9  submitted to the Senate for its consent as provided by the

10  constitution.

11         Section 54.  Section 947.04, Florida Statutes, is

12  amended to read:

13         947.04  Organization of Parole Board commission;

14  officers; offices.--

15         (1)  Before July 1 of each even-numbered year, the

16  Governor and Cabinet shall select a chair who shall serve for

17  a period of 2 years and until a successor is selected and

18  qualified. The Governor and Cabinet shall, at the same time

19  that a chair is selected, select a vice chair to serve during

20  the same 2-year period as the chair, in the absence of the

21  chair. The chair may succeed himself or herself.  The chair,

22  as chief administrative officer of the board commission, has

23  the authority and responsibility to plan, direct, coordinate,

24  and execute the powers, duties, and responsibilities assigned

25  to the board commission, except those of granting and revoking

26  parole as provided for in this chapter. Subject to approval by

27  the Governor and the Cabinet, the chair may assign consenting

28  retired parole commissioners or board members or former parole

29  commissioners or board members to temporary duty when there is

30  a workload need.  Any such commissioner or board member shall

31  be paid $100 for each day or portion of a day spent on the

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  1  work of the board commission and shall be reimbursed for

  2  travel expenses as provided in s. 112.061. The chair is

  3  authorized to provide or disseminate information relative to

  4  parole by means of documents, seminars, programs, or otherwise

  5  as he or she determines necessary. The chair shall establish,

  6  execute, and be held accountable for all operational

  7  administrative policy decisions. However, decisions to grant

  8  or revoke parole shall be made in accordance with the

  9  provisions of ss. 947.172, 947.174, and 947.23. The board

10  members commissioners shall be directly accountable to the

11  chair in the execution of their duties as board members

12  commissioners, and the chair has authority to recommend to the

13  Governor suspension of a board member commissioner who fails

14  to perform the duties provided for by statute.

15         (2)  Notwithstanding the provisions of s. 20.05(1)(g),

16  the chair shall appoint administrators with responsibility for

17  the management of board commission activities in the following

18  functional areas:

19         (a)  Administration.

20         (a)(b)  Operations.

21         (b)(c)  Clemency.

22         (3)  The board members commissioners shall select from

23  their number a secretary who shall serve for a period of 1

24  year or until a successor is elected and qualified.

25         (4)  The board commission may establish and maintain

26  offices in centrally and conveniently located places in

27  Florida. Board staff may also be colocated with department

28  staff in department offices and facilities. Headquarters shall

29  be located in Tallahassee. The business of the board

30  commission shall be transacted anywhere in the state as

31  provided in s. 947.06. The board commission shall keep its

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  1  official records and papers at the headquarters, which it

  2  shall furnish and equip.

  3         (5) The department shall provide administrative support

  4  and services to the board such as accounting, budget,

  5  purchasing, and personnel action support and other ancillary

  6  administrative functions. This support does not include

  7  providing clerical support to the board. The board is subject

  8  to control, supervision, and direction by the department.

  9         (6)(5)  Acts and decisions of the chair may be modified

10  as provided in s. 947.06.

11         Section 55.  Section 947.05, Florida Statutes, is

12  amended to read:

13         947.05  Seal.--The board commission shall adopt an

14  official seal of which the courts shall take judicial notice.

15         Section 56.  Section 947.06, Florida Statutes, is

16  amended to read:

17         947.06  Meeting; when board commission may act.--The

18  board commission shall meet at regularly scheduled intervals

19  and from time to time as may otherwise be determined by the

20  chair. The making of recommendations to the Governor and

21  Cabinet in matters relating to modifications of acts and

22  decisions of the chair as provided in s. 947.04(1) shall be by

23  a majority vote of the board commission.  No inmate prisoner

24  shall be placed on parole except as provided in ss. 947.172

25  and 947.174 by a panel of no fewer than two board members

26  commissioners appointed by the chair.  All matters relating to

27  the granting, denying, or revoking of parole shall be decided

28  in a meeting at which the public shall have the right to be

29  present.  Victims of the crime committed by the inmate shall

30  be permitted to make an oral statement or submit a written

31  statement regarding their views as to the granting, denying,

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  1  or revoking of parole.  Persons not members or employees of

  2  the board commission or victims of the crime committed by the

  3  inmate may be permitted to participate in deliberations

  4  concerning the granting and revoking of paroles only upon the

  5  prior written approval of the chair of the board commission.

  6  To facilitate the ability of victims and other persons to

  7  attend board commission meetings, the board commission shall

  8  meet in various counties including, but not limited to,

  9  Broward, Dade, Duval, Escambia, Hillsborough, Leon, Orange,

10  and Palm Beach, with the location chosen being as close as

11  possible to the location where the parole-eligible inmate

12  committed the offense for which the parole-eligible inmate was

13  sentenced.  The board commission shall adopt rules governing

14  the oral participation of victims and the submission of

15  written statements by victims.

16         Section 57.  Section 947.07, Florida Statutes, is

17  amended to read:

18         947.07  Rules.--The board commission has authority to

19  adopt rules pursuant to ss. 120.536(1) and 120.54 for its

20  governance, including among other things rules of practice and

21  procedure and rules prescribing qualifications to be possessed

22  by its employees.

23         Section 58.  Section 947.071, Florida Statutes, is

24  amended to read:

25         947.071  Rulemaking procedures; indexing of orders.--

26         (1)  It is the intent of the Legislature that all

27  rulemaking procedures by the board commission be conducted

28  pursuant to the Administrative Procedure Act, chapter 120.

29         (2)  The only final orders of the board commission

30  which shall be indexed pursuant to chapter 120 are:

31         (a)  Orders granting parole.

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  1         (b)  Orders revoking parole.

  2         (c)  Orders restoring to supervision.

  3         (d)  Orders releasing from custody and further

  4  supervision.

  5         (e)  Early parole termination orders.

  6         (f)  Orders granting conditional release.

  7         (g)  Orders revoking conditional release.

  8         Section 59.  Section 947.10, Florida Statutes, is

  9  amended to read:

10         947.10  Business and political activity upon part of

11  members and full-time employees of the board commission.--No

12  member of the board commission and no full-time employee

13  thereof shall, during her or his service upon or under the

14  board commission, engage in any other business or profession

15  or hold any other public office, nor shall she or he serve as

16  the representative of any political party, or any executive

17  committee or other governing body thereof, or as an executive

18  officer or employee of any political committee, organization,

19  or association or be engaged on the behalf of any candidate

20  for public office in the solicitation of votes or otherwise.

21  However, this shall not be deemed to exclude the appointment

22  of the Secretary of Corrections to the board commission under

23  the terms and conditions set forth in this chapter.

24         Section 60.  Section 947.11, Florida Statutes, is

25  amended to read:

26         947.11  Legal adviser.--The Department of Legal Affairs

27  shall be the legal adviser of the board commission.

28         Section 61.  Section 947.12, Florida Statutes, is

29  amended to read:

30         947.12  Members, employees, expenses.--

31

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  1         (1)  The members of the board commission and its

  2  employees shall be reimbursed for travel expenses as provided

  3  in s. 112.061. All bills for expenses shall be properly

  4  receipted, audited, and approved, and processed through the

  5  department forwarded to the Comptroller and shall be paid in a

  6  manner and form as the bills for the expenses of the several

  7  departments of the state government are paid.  All expenses,

  8  including salaries and other compensation, shall be paid from

  9  the General Revenue Fund and within the appropriation as fixed

10  therefor by the Legislature.  Such expenses shall be paid by

11  the Treasurer upon proper warrants issued by the Comptroller

12  of the state, drawn upon vouchers and requisitions approved by

13  the board commission, and signed by the Comptroller.

14         (2)  The members of the parole qualifications committee

15  examining board created in s. 947.02 shall each be paid per

16  diem and travel expenses pursuant to s. 112.061 when traveling

17  in the performance of their duties.

18         Section 62.  Section 947.13, Florida Statutes, is

19  amended to read:

20         947.13  Powers and duties of the board commission.--

21         (1)  The board commission shall have the powers and

22  perform the duties of:

23         (a)  Determining what persons shall be placed on

24  parole, subject to the provisions of ss. 947.172 and 947.174.

25         (b)  Fixing the time and conditions of parole, as

26  provided in this chapter.

27         (c)  Determining whether a person has violated parole

28  and taking action with respect to such a violation.

29         (d)  Making such investigations as may be necessary.

30         (e)  Reporting to the Board of Executive Clemency the

31  circumstances, the criminal records, and the social, physical,

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  1  mental, and psychiatric conditions and histories of persons

  2  under consideration by the board for pardon, commutation of

  3  sentence, or remission of fine, penalty, or forfeiture.

  4         (f)  Establishing the terms and conditions of persons

  5  released on conditional release under s. 947.1405, and

  6  determining subsequent ineligibility for conditional release

  7  due to a violation of the terms or conditions of conditional

  8  release and taking action with respect to such a violation.

  9         (g)  As the Control Release Authority, determining what

10  persons will be released on control release under s. 947.146,

11  establishing the time and conditions of control release, if

12  any, and determining whether a person has violated the

13  conditions of control release and taking action with respect

14  to such a violation.

15         (h)  Determining what persons will be released on

16  conditional medical release under s. 947.149, establishing the

17  conditions of conditional medical release, and determining

18  whether a person has violated the conditions of conditional

19  medical release and taking action with respect to such a

20  violation.

21         (2)(a)  The board commission shall immediately examine

22  records of the department under s. 945.25, and any other

23  records which it obtains, and may make such other

24  investigations as may be necessary.

25         (b)  The Department of Children and Family Services,

26  the Department of Juvenile Justice, and all other state,

27  county, and city agencies, sheriffs and their deputies, and

28  all peace officers shall cooperate with the board commission

29  and the department and shall aid and assist them in the

30  performance of their duties.

31

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  1         Section 63.  Section 947.1405, Florida Statutes, is

  2  amended to read:

  3         947.1405  Conditional release program.--

  4         (1)  This section and s. 947.141 may be cited as the

  5  "Conditional Release Program Act."

  6         (2)  Any inmate who:

  7         (a)  Is convicted of a crime committed on or after

  8  October 1, 1988, and before January 1, 1994, and any inmate

  9  who is convicted of a crime committed on or after January 1,

10  1994, and before July 1, 2000, which crime is or was contained

11  in category 1, category 2, category 3, or category 4 of Rule

12  3.701 and Rule 3.988, Florida Rules of Criminal Procedure

13  (1993), and who has served at least one prior felony

14  commitment at a state or federal correctional institution;

15         (b)  Is sentenced as a habitual or violent habitual

16  offender or a violent career criminal pursuant to s. 775.084

17  based on an offense committed before July 1, 2000; or

18         (c)  Is found to be a sexual predator under s. 775.21

19  or former s. 775.23 based on an offense committed before July

20  1, 2000,

21

22  shall, upon reaching the tentative release date or provisional

23  release date, whichever is earlier, as established by the

24  Department of Corrections, be released under supervision

25  subject to specified terms and conditions, including payment

26  of the cost of supervision pursuant to s. 948.09. Such

27  supervision shall be applicable to all sentences within the

28  overall term of sentences if an inmate's overall term of

29  sentences includes one or more sentences that are eligible for

30  conditional release supervision as provided herein. Effective

31  July 1, 1994, and applicable for offenses committed on or

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  1  after that date, the board commission may require, as a

  2  condition of conditional release, that the releasee make

  3  payment of the debt due and owing to a county or municipal

  4  detention facility under s. 951.032 for medical care,

  5  treatment, hospitalization, or transportation received by the

  6  releasee while in that detention facility. The board

  7  commission, in determining whether to order such repayment and

  8  the amount of such repayment, shall consider the amount of the

  9  debt, whether there was any fault of the institution for the

10  medical expenses incurred, the financial resources of the

11  releasee, the present and potential future financial needs and

12  earning ability of the releasee, and dependents, and other

13  appropriate factors.  If an inmate has received a term of

14  probation or community control supervision to be served after

15  release from incarceration, the period of probation or

16  community control must be substituted for the conditional

17  release supervision. A panel of no fewer than two board

18  members commissioners shall establish the terms and conditions

19  of any such release. If the offense was a controlled substance

20  violation, the conditions shall include a requirement that the

21  offender submit to random substance abuse testing

22  intermittently throughout the term of conditional release

23  supervision, upon the direction of the correctional probation

24  officer as defined in s. 943.10(3). The board commission shall

25  also determine whether the terms and conditions of such

26  release have been violated and whether such violation warrants

27  revocation of the conditional release.

28         (3)  As part of the conditional release process, the

29  board commission shall, through review and consideration of

30  information provided to the board by the department,

31  determine:

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  1         (a)  The amount of reparation or restitution.

  2         (b)  The consequences of the offense as reported by the

  3  aggrieved party.

  4         (c)  The aggrieved party's fear of the inmate or

  5  concerns about the release of the inmate.

  6         (4)  The board commission shall provide to the

  7  aggrieved party information regarding the manner in which

  8  notice of any developments concerning the status of the inmate

  9  during the term of conditional release may be requested.

10         (5)  Within 180 days prior to the tentative release

11  date or provisional release date, whichever is earlier, a

12  representative of the department commission shall interview

13  the inmate.  The commission representative shall review the

14  inmate's program participation, disciplinary record,

15  psychological and medical records, criminal records, and any

16  other information pertinent to the impending release.  A

17  department commission representative shall conduct a personal

18  interview with the inmate for the purpose of determining the

19  details of the inmate's release plan, including the inmate's

20  planned residence and employment.  The results of the

21  interview must be forwarded to the commission in writing.

22         (6)  Based upon a review of the inmate's record and

23  interview, the department shall, in writing, advise the board

24  of the inmate's release plan and recommend to the board terms

25  and conditions of the conditional release.

26         (7)(6)  Upon receipt of notice as required under s.

27  947.175, the board commission shall review the recommendations

28  of the department and may conduct a review of the inmate's

29  record for the purpose of establishing the terms and

30  conditions of the conditional release.  The board commission

31  may impose any additional special conditions it considers

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  1  warranted from its review and is in no way compelled to adopt

  2  the recommendations of the department of the record. If the

  3  board commission determines that the inmate is eligible for

  4  release under this section, the board commission shall enter

  5  an order establishing the length of supervision and the

  6  conditions attendant thereto. However, an inmate who has been

  7  convicted of a violation of chapter 794 or found by the court

  8  to be a sexual predator is subject to the maximum level of

  9  supervision provided, with the mandatory conditions as

10  required in subsection (8) (7), and that supervision shall

11  continue through the end of the releasee's original

12  court-imposed sentence.  The length of supervision must not

13  exceed the maximum penalty imposed by the court.

14         (8)(7)(a)  Any inmate who is convicted of a crime

15  committed on or after October 1, 1995, or who has been

16  previously convicted of a crime committed on or after October

17  1, 1995, in violation of chapter 794, s. 800.04, s. 827.071,

18  or s. 847.0145, and is subject to conditional release

19  supervision, shall have, in addition to any other conditions

20  imposed, the following special conditions imposed by the board

21  commission:

22         1.  A mandatory curfew from 10 p.m. to 6 a.m., or the

23  board court may designate another 8-hour period if the

24  offender's employment precludes the above specified time, and

25  such alternative is recommended by the Department of

26  Corrections. If the board court determines that imposing a

27  curfew would endanger the victim or any potential victim, the

28  board court may consider alternative sanctions.

29         2.  If the victim was under the age of 18, a

30  prohibition on living within 1,000 feet of a school, day care

31

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  1  center, park, playground, or other place where children

  2  regularly congregate.

  3         3.  Active participation in and successful completion

  4  of a sex offender treatment program with therapists

  5  specifically trained to treat sex offenders, at the releasee's

  6  own expense. If a specially trained therapist is not available

  7  within a 50-mile radius of the releasee's residence, the

  8  offender shall participate in other appropriate therapy.

  9         4.  A prohibition on any contact with the victim,

10  directly or indirectly, including through a third person,

11  unless approved by the victim, the offender's therapist, and

12  the sentencing court.

13         5.  If the victim was under the age of 18, a

14  prohibition, until successful completion of a sex offender

15  treatment program, on unsupervised contact with a child under

16  the age of 18, unless authorized by the board commission

17  without another adult present who is responsible for the

18  child's welfare, has been advised of the crime, and is

19  approved by the board commission.

20         6.  If the victim was under age 18, a prohibition on

21  working for pay or as a volunteer at any school, day care

22  center, park, playground, or other place where children

23  regularly congregate, as prescribed by the board commission.

24         7.  Unless otherwise indicated in the treatment plan

25  provided by the sexual offender treatment program, a

26  prohibition on viewing, owning, or possessing any obscene,

27  pornographic, or sexually stimulating visual or auditory

28  material, including telephone, electronic media, computer

29  programs, or computer services that are relevant to the

30  offender's deviant behavior pattern.

31

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  1         8.  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         9.  A requirement that the releasee make restitution to

  5  the victim, as determined by the sentencing court or the board

  6  commission, for all necessary medical and related professional

  7  services relating to physical, psychiatric, and psychological

  8  care.

  9         10.  Submission to a warrantless search by the

10  community control or probation officer of the probationer's or

11  community controllee's person, residence, or vehicle.

12         (b)  For a releasee whose crime was committed on or

13  after October 1, 1997, in violation of chapter 794, s. 800.04,

14  s. 827.071, or s. 847.0145, and who is subject to conditional

15  release supervision, in addition to any other provision of

16  this subsection, the board commission shall impose the

17  following additional conditions of conditional release

18  supervision:

19         1.  As part of a treatment program, participation in a

20  minimum of one annual polygraph examination to obtain

21  information necessary for risk management and treatment and to

22  reduce the sex offender's denial mechanisms. The polygraph

23  examination must be conducted by a polygrapher trained

24  specifically in the use of the polygraph for the monitoring of

25  sex offenders, where available, and at the expense of the sex

26  offender. The results of the polygraph examination shall not

27  be used as evidence in a hearing to prove that a violation of

28  supervision has occurred.

29         2.  Maintenance of a driving log and a prohibition

30  against driving a motor vehicle alone without the prior

31  approval of the supervising officer.

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  1         3.  A prohibition against obtaining or using a post

  2  office box without the prior approval of the supervising

  3  officer.

  4         4.  If there was sexual contact, a submission to, at

  5  the probationer's or community controllee's expense, an HIV

  6  test with the results to be released to the victim or the

  7  victim's parent or guardian.

  8         5.  Electronic monitoring of any form when deemed

  9  necessary by the community control or probation officer and

10  his or her supervisor, and ordered by the board court at the

11  recommendation of the Department of Corrections.

12         (9)(8)  It is the finding of the Legislature that the

13  population of offenders released from state prison into the

14  community who meet the conditional release criteria poses the

15  greatest threat to the public safety of the groups of

16  offenders under community supervision. Therefore, the

17  Department of Corrections is to provide intensive supervision

18  by experienced correctional probation officers to conditional

19  release offenders. Subject to specific appropriation by the

20  Legislature, caseloads may be restricted to a maximum of 40

21  conditional release offenders per officer to provide for

22  enhanced public safety and to effectively monitor conditions

23  of electronic monitoring or curfews, if so ordered by the

24  board commission.

25         (10)  For inmates who are eligible for conditional

26  release for one or more offenses and also placed on mandatory

27  postprison probation pursuant to s. 948.03(6) for one or more

28  offenses, within the overall term of sentences, such person

29  shall be supervised pursuant to the order imposed by the

30  court, and the board shall defer to such supervision. If the

31  court revokes the mandatory postprison probation and

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  1  resentences the offender to a term of incarceration, such

  2  revocation also constitutes a sufficient basis for the

  3  revocation of conditional release without further hearing by

  4  the board. If any postprison probation supervision is revoked,

  5  such revocation may result in a forfeiture of all gain-time,

  6  and the board may revoke the deferred conditional release

  7  supervision or take other action it considers appropriate.  If

  8  the term of conditional release supervision exceeds that of

  9  the mandatory postprison probation, authority for the

10  supervision shall revert to the board and the supervision

11  shall be subject to the conditions set by the board upon

12  expiration of the mandatory postprison probation.

13         (11)  Offenders shall not be placed on conditional

14  release supervision for convictions with offense dates on or

15  after July 1, 2000.

16         Section 64.  Section 947.141, Florida Statutes, is

17  amended to read:

18         947.141  Violations of conditional release, control

19  release, or conditional medical release.--

20         (1)  If a member of the board commission or a duly

21  authorized representative of the board commission has

22  reasonable grounds to believe that an offender who is on

23  release supervision under s. 947.1405, s. 947.146, or s.

24  947.149 has violated the terms and conditions of the release

25  in a material respect, such member or representative may cause

26  a warrant to be issued for the arrest of the releasee; if the

27  offender was found to be a sexual predator, the warrant must

28  be issued.

29         (2)  Upon the arrest on a felony charge of an offender

30  who is on release supervision under s. 947.1405, s. 947.146,

31  or s. 947.149, the offender must be detained without bond

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  1  until the initial appearance of the offender at which a

  2  judicial determination of probable cause is made. If the

  3  magistrate determines that there was no probable cause for the

  4  arrest, the offender may be released. If the magistrate

  5  determines that there was probable cause for the arrest, such

  6  determination also constitutes reasonable grounds to believe

  7  that the offender violated the conditions of the release.

  8  Within 24 hours after the magistrate's finding of probable

  9  cause, the detention facility administrator or designee shall

10  notify the board commission and the department of the finding

11  and transmit to each a facsimile copy of the probable cause

12  affidavit or the sworn offense report upon which the

13  magistrate's probable cause determination is based. The

14  offender must continue to be detained without bond for a

15  period not exceeding 72 hours excluding weekends and holidays

16  after the date of the probable cause determination, pending a

17  decision by the board commission whether to issue a warrant

18  charging the offender with violation of the conditions of

19  release. Upon the issuance of the board's commission's

20  warrant, the offender must continue to be held in custody

21  pending a revocation hearing held in accordance with this

22  section.

23         (3)  Within 45 days after notice to the Parole Board

24  Commission of the arrest of a releasee charged with a

25  violation of the terms and conditions of conditional release,

26  control release, or conditional medical release, the releasee

27  must be afforded a hearing conducted by a board member

28  commissioner or a duly authorized representative thereof. If

29  the releasee elects to proceed with a hearing, the releasee

30  must be informed orally and in writing of the following:

31

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  1         (a)  The alleged violation with which the releasee is

  2  charged.

  3         (b)  The releasee's right to be represented by counsel.

  4         (c)  The releasee's right to be heard in person.

  5         (d)  The releasee's right to secure, present, and

  6  compel the attendance of witnesses relevant to the proceeding.

  7         (e)  The releasee's right to produce documents on the

  8  releasee's own behalf.

  9         (f)  The releasee's right of access to all evidence

10  used against the releasee and to confront and cross-examine

11  adverse witnesses.

12         (g)  The releasee's right to waive the hearing.

13         (4)  Within a reasonable time following the hearing,

14  the board member commissioner or the board member's

15  commissioner's duly authorized representative who conducted

16  the hearing shall make findings of fact in regard to the

17  alleged violation. A panel of no fewer than two board members

18  commissioners shall enter an order determining whether the

19  charge of violation of conditional release, control release,

20  or conditional medical release has been sustained based upon

21  the findings of fact presented by the hearing board member

22  commissioner or authorized representative. By such order, the

23  panel may revoke conditional release, control release, or

24  conditional medical release and thereby return the releasee to

25  prison to serve the sentence imposed, reinstate the original

26  order granting the release, or enter such other order as it

27  considers proper. Effective for inmates whose offenses were

28  committed on or after July 1, 1995, the panel may order the

29  placement of a releasee, upon a finding of violation pursuant

30  to this subsection, into a local detention facility as a

31  condition of supervision.

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  1         (5)  Effective for inmates whose offenses were

  2  committed on or after July 1, 1995, notwithstanding the

  3  provisions of ss. 775.08, former 921.001, 921.002, 921.187,

  4  921.188, 944.02, and 951.23, or any other law to the contrary,

  5  by such order as provided in subsection (4), the panel, upon a

  6  finding of guilt, may, as a condition of continued

  7  supervision, place the releasee in a local detention facility

  8  for a period of incarceration not to exceed 22 months. Prior

  9  to the expiration of the term of incarceration, or upon

10  recommendation of the chief correctional officer of that

11  county, the board commission shall cause inquiry into the

12  inmate's release plan and custody status in the detention

13  facility and consider whether to restore the inmate to

14  supervision, modify the conditions of supervision, or enter an

15  order of revocation, thereby causing the return of the inmate

16  to prison to serve the sentence imposed.  The provisions of

17  this section do not prohibit the panel from entering such

18  other order or conducting any investigation that it deems

19  proper.  The board commission may only place a person in a

20  local detention facility pursuant to this section if there is

21  a contractual agreement between the chief correctional officer

22  of that county and the Department of Corrections.  The

23  agreement must provide for a per diem reimbursement for each

24  person placed under this section, which is payable by the

25  Department of Corrections for the duration of the offender's

26  placement in the facility.  This section does not limit the

27  board's commission's ability to place a person in a local

28  detention facility for less than 1 year.

29         (6)  Whenever a conditional release, control release,

30  or conditional medical release is revoked by a panel of no

31  fewer than two board members commissioners and the releasee is

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  1  ordered to be returned to prison, the releasee, by reason of

  2  the misconduct, shall be deemed to have forfeited all

  3  gain-time or commutation of time for good conduct, as provided

  4  for by law, earned up to the date of release. However, if a

  5  conditional medical release is revoked due to the improved

  6  medical or physical condition of the releasee, the releasee

  7  shall not forfeit gain-time accrued before the date of

  8  conditional medical release. This subsection does not deprive

  9  the prisoner of the right to gain-time or commutation of time

10  for good conduct, as provided by law, from the date of return

11  to prison.

12         (7)  This section applies to alleged violations of

13  conditional release which occur prior to July 1, 2000. Alleged

14  violations of conditional release occurring on or after July

15  1, 2000, shall be heard in the circuit court where the

16  offender committed the offense or offenses that resulted in

17  conditional release supervision.

18         Section 65.  Subsection (1) and paragraph (b) of

19  subsection (7) of section 947.146, Florida Statutes, are

20  amended to read:

21         947.146  Control Release Authority.--

22         (1)  There is created a Control Release Authority which

23  shall be composed of the members of the Parole Board

24  Commission and which shall have the same chair as the board

25  commission.  The authority shall utilize such board commission

26  staff as it determines is necessary to carry out its purposes.

27         (7)  The authority has the power and duty to:

28         (b)  Authorize an individual board member commissioner

29  to postpone a control release date for not more than 60 days

30  without a hearing for any inmate who has become the subject of

31  a disciplinary proceeding, a criminal arrest, an information,

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  1  or an indictment; who has been terminated from work release;

  2  or about whom there is any recently discovered information as

  3  specified in paragraph (a).

  4         Section 66.  Section 947.149, Florida Statutes, is

  5  amended to read:

  6         947.149  Conditional medical release.--

  7         (1)  The board commission shall, in conjunction with

  8  the department, establish the conditional medical release

  9  program.  An inmate is eligible for consideration for release

10  under the conditional medical release program when the inmate,

11  because of an existing medical or physical condition, is

12  determined by the department to be within one of the following

13  designations:

14         (a)  "Permanently incapacitated inmate," which means an

15  inmate who has a condition caused by injury, disease, or

16  illness which, to a reasonable degree of medical certainty,

17  renders the inmate permanently and irreversibly physically

18  incapacitated to the extent that the inmate does not

19  constitute a danger to herself or himself or others.

20         (b)  "Terminally ill inmate," which means an inmate who

21  has a condition caused by injury, disease, or illness which,

22  to a reasonable degree of medical certainty, renders the

23  inmate terminally ill to the extent that there can be no

24  recovery and death is imminent, so that the inmate does not

25  constitute a danger to herself or himself or others.

26         (2)  Notwithstanding any provision to the contrary, any

27  person determined eligible under this section and sentenced to

28  the custody of the department may, upon referral by the

29  department, be considered for conditional medical release by

30  the board commission, in addition to any parole consideration

31  for which the inmate may be considered, except that

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  1  conditional medical release is not authorized for an inmate

  2  who is under sentence of death.  No inmate has a right to

  3  conditional medical release or to a medical evaluation to

  4  determine eligibility for such release.

  5         (3)  The authority and whether or not to grant

  6  conditional medical release and establish additional

  7  conditions of conditional medical release rests solely within

  8  the discretion of the board commission, in accordance with the

  9  provisions of this section, together with the authority to

10  approve the release plan to include necessary medical care and

11  attention.  The department shall identify inmates who may be

12  eligible for conditional medical release based upon available

13  medical information and shall refer them to the board

14  commission for consideration.  In considering an inmate for

15  conditional medical release, the board commission may require

16  that additional medical evidence be produced or that

17  additional medical examinations be conducted, and may require

18  such other investigations to be made as may be warranted.

19         (4)  The conditional medical release term of an inmate

20  released on conditional medical release is for the remainder

21  of the inmate's sentence, without diminution of sentence for

22  good behavior. Supervision of the medical releasee must

23  include periodic medical evaluations at intervals determined

24  by the board commission at the time of release.

25         (5)(a)  If it is discovered during the conditional

26  medical release that the medical or physical condition of the

27  medical releasee has improved to the extent that she or he

28  would no longer be eligible for conditional medical release

29  under this section, the board commission may order that the

30  releasee be returned to the custody of the department for a

31  conditional medical release revocation hearing, in accordance

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  1  with s. 947.141.  If conditional medical release is revoked

  2  due to improvement in the medical or physical condition of the

  3  releasee, she or he shall serve the balance of her or his

  4  sentence with credit for the time served on conditional

  5  medical release and without forfeiture of any gain-time

  6  accrued prior to conditional medical release.  If the person

  7  whose conditional medical release is revoked due to an

  8  improvement in medical or physical condition would otherwise

  9  be eligible for parole or any other release program, the

10  person may be considered for such release program pursuant to

11  law.

12         (b)  In addition to revocation of conditional medical

13  release pursuant to paragraph (a), conditional medical release

14  may also be revoked for violation of any condition of the

15  release established by the board commission, in accordance

16  with s. 947.141, and the releasee's gain-time may be forfeited

17  pursuant to s. 944.28(1).

18         (6)  The department and the board commission shall

19  adopt rules as necessary to implement the conditional medical

20  release program.

21         Section 67.  Section 947.15, Florida Statutes, is

22  amended to read:

23         947.15  Reports.--On or before January 1 of each year,

24  the board commission shall make a written report to the

25  Governor and Cabinet of its activities together with a full

26  and detailed financial statement, copies of which shall be

27  sent to the Department of Legal Affairs and to such other

28  officials and persons as the board commission may deem

29  advisable.  One copy of said report shall become a part of the

30  records of the board commission.

31

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  1         Section 68.  Section 947.16, Florida Statutes, is

  2  amended to read:

  3         947.16  Eligibility for parole; initial parole

  4  interviews; powers and duties of board commission.--

  5         (1)  Every person who has been convicted of a felony or

  6  who has been convicted of one or more misdemeanors and whose

  7  sentence or cumulative sentences total 12 months or more, who

  8  is confined in execution of the judgment of the court, and

  9  whose record during confinement or while under supervision is

10  good, shall, unless otherwise provided by law, be eligible for

11  interview for parole consideration of her or his cumulative

12  sentence structure as follows:

13         (a)  An inmate who has been sentenced for an

14  indeterminate term or a term of 3 years or less shall have an

15  initial interview conducted by a hearing examiner within 8

16  months after the initial date of confinement in execution of

17  the judgment.

18         (b)  An inmate who has been sentenced for a minimum

19  term in excess of 3 years but of less than 6 years shall have

20  an initial interview conducted by a hearing examiner within 14

21  months after the initial date of confinement in execution of

22  the judgment.

23         (c)  An inmate who has been sentenced for a minimum

24  term of 6 or more years but other than for a life term shall

25  have an initial interview conducted by a hearing examiner

26  within 24 months after the initial date of confinement in

27  execution of the judgment.

28         (d)  An inmate who has been sentenced for a term of

29  life shall have an initial interview conducted by a hearing

30  examiner within 5 years after the initial date of confinement

31  in execution of the judgment.

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  1         (e)  An inmate who has been convicted and sentenced

  2  under ss. 958.011-958.15, or any other inmate who has been

  3  determined by the department to be a youthful offender, shall

  4  be interviewed by a parole examiner within 8 months after the

  5  initial date of confinement in execution of the judgment.

  6         (2)  The following special types of cases shall have

  7  their initial parole interview as follows:

  8         (a)  An initial interview may be postponed for a period

  9  not to exceed 90 days.  Such postponement shall be for good

10  cause, which shall include, but need not be limited to, the

11  need for the department to obtain a presentence or

12  postsentence investigation report or a probation or parole or

13  mandatory conditional release violation report.  The reason

14  for postponement shall be noted in writing and included in the

15  official record.  No postponement for good cause shall result

16  in an initial interview being conducted later than 90 days

17  after the inmate's initially scheduled initial interview.

18         (b)  An initial interview may be deferred for any

19  inmate who is out to court.  Such deferral shall not result in

20  an initial interview being conducted later than 90 days after

21  the department provides written notice to the board commission

22  that the inmate has been returned from court.

23         (c)  An initial interview may be deferred for any

24  inmate confined in any appropriate treatment facility within

25  the state, public or private, by virtue of transfer from the

26  department under any applicable law.  Such deferral shall not

27  result in an initial interview being conducted later than 90

28  days after the department provides written notice to the board

29  commission that the inmate has been returned to the

30  department.

31

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  1         (d)  An inmate designated a mentally disordered sex

  2  offender shall have an initial interview conducted within 90

  3  days of receiving written notification by the department to

  4  the board commission of the need for such interview and that

  5  the inmate's file contains all investigative reports deemed

  6  necessary by the board commission to conduct such interview.

  7         (e)  Any inmate who has been determined to be an

  8  incapacitated person pursuant to s. 744.331 shall have an

  9  initial interview conducted within 90 days after the date the

10  board commission is provided with written notice that the

11  inmate has been restored to capacity by the court.

12         (f)  An initial interview may be held at the discretion

13  of the board commission after the entry of a board commission

14  order to revoke parole or mandatory conditional release.

15         (g)  For purposes of determining eligibility for parole

16  interview and release, the mandatory minimum portion of a

17  concurrent sentence will begin on the date the sentence begins

18  to run as provided in s. 921.161.  The mandatory minimum

19  portions of consecutive sentences shall be served at the

20  beginning of the maximum sentence as established by the

21  Department of Corrections. Each mandatory minimum portion of

22  consecutive sentences shall be served consecutively; provided,

23  that in no case shall a sentence begin to run before the date

24  of imposition.  The board commission shall conduct an initial

25  interview for an inmate serving a mandatory minimum sentence

26  according to the following schedule:

27         1.  An inmate serving a mandatory term of 7 years or

28  less shall have an initial interview no sooner than 6 months

29  prior to the expiration of the mandatory minimum portion of

30  the sentence.

31

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  1         2.  An inmate serving a mandatory term in excess of 7

  2  years but of less than 15 years shall have an initial

  3  interview no sooner than 12 months prior to the expiration of

  4  the mandatory minimum portion of the sentence.

  5         3.  An inmate serving a mandatory term of 15 years or

  6  more shall have an initial interview no sooner than 18 months

  7  prior to the expiration of the mandatory minimum portion of

  8  the sentence.

  9         (h)  If an inmate is serving a sentence imposed by a

10  county or circuit court of this state concurrently with a

11  sentence imposed by a court of another state or of the United

12  States, and if the department has designated the correctional

13  institution of the other jurisdiction as the place for

14  reception and confinement of such person, the inmate so

15  released to another jurisdiction shall be eligible for

16  consideration for parole, except that the board commission

17  shall determine the presumptive parole release date and the

18  effective parole release date by requesting such person's

19  record file from the receiving jurisdiction.  Upon receiving

20  such records, the board commission panel assigned by the chair

21  shall determine such release dates based on the relevant

22  information in that file.  The board commission may concur

23  with the parole release decision of the jurisdiction granting

24  parole and accepting supervision.  The provisions of s.

25  947.174 do not apply to an inmate serving a concurrent

26  sentence in another jurisdiction pursuant to s. 921.16(2).

27         (3)  Notwithstanding the provisions of ss. 775.021 and

28  921.16, if an inmate has received a consecutive sentence or

29  sentences imposed by a court or courts of this state, the

30  inmate shall be eligible for consideration for parole, unless

31  otherwise expressly prohibited by law.

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  1         (4)  A person who has become eligible for an initial

  2  parole interview and who may, according to the objective

  3  parole guidelines of the board commission, be granted parole

  4  shall be placed on parole in accordance with the provisions of

  5  this law; except that, in any case of a person convicted of

  6  murder, robbery, burglary of a dwelling or burglary of a

  7  structure or conveyance in which a human being is present,

  8  aggravated assault, aggravated battery, kidnapping, sexual

  9  battery or attempted sexual battery, incest or attempted

10  incest, an unnatural and lascivious act or an attempted

11  unnatural and lascivious act, lewd and lascivious behavior,

12  assault or aggravated assault when a sexual act is completed

13  or attempted, battery or aggravated battery when a sexual act

14  is completed or attempted, arson, or any felony involving the

15  use of a firearm or other deadly weapon or the use of

16  intentional violence, at the time of sentencing the judge may

17  enter an order retaining jurisdiction over the offender for

18  review of a board commission release order.  This jurisdiction

19  of the trial court judge is limited to the first one-third of

20  the maximum sentence imposed.  When any person is convicted of

21  two or more felonies and concurrent sentences are imposed,

22  then the jurisdiction of the trial court judge as provided

23  herein applies to the first one-third of the maximum sentence

24  imposed for the highest felony of which the person was

25  convicted. When any person is convicted of two or more

26  felonies and consecutive sentences are imposed, then the

27  jurisdiction of the trial court judge as provided herein

28  applies to one-third of the total consecutive sentences

29  imposed.

30         (a)  In retaining jurisdiction for the purposes of this

31  act, the trial court judge shall state the justification with

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  1  individual particularity, and such justification shall be made

  2  a part of the court record.  A copy of such justification

  3  shall be delivered to the department together with the

  4  commitment issued by the court pursuant to s. 944.16.

  5         (b)  Gain-time as provided for by law shall accrue,

  6  except that an offender over whom the trial court has retained

  7  jurisdiction as provided herein shall not be released during

  8  the first one-third of her or his sentence by reason of

  9  gain-time.

10         (c)  In such a case of retained jurisdiction, the board

11  commission, within 30 days after the entry of its release

12  order, shall send notice of its release order to the original

13  sentencing judge and to the appropriate state attorney. The

14  release order shall be made contingent upon entry of an order

15  by the appropriate circuit judge relinquishing jurisdiction as

16  provided for in paragraphs (d) and (f). If the original

17  sentencing judge is no longer in service, such notice shall be

18  sent to the chief judge of the circuit in which the offender

19  was sentenced. The chief judge may designate any circuit judge

20  within the circuit to act in the place of the original

21  sentencing judge.  Such notice shall stay the time

22  requirements of s. 947.1745.

23         (d)  Within 10 days after receipt of the notice

24  provided for in paragraph (c), the original sentencing judge

25  or her or his replacement shall notify the board commission as

26  to whether or not the court further desires to retain

27  jurisdiction.  If the original sentencing judge or her or his

28  replacement does not so notify the board commission within the

29  10-day period or notifies the board commission that the court

30  does not desire to retain jurisdiction, then the board

31  commission may dispose of the matter as it sees fit.

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  1         (e)  Upon receipt of notice of intent to retain

  2  jurisdiction from the original sentencing judge or her or his

  3  replacement, the board commission shall, within 10 days,

  4  forward to the court its release order, the findings of fact,

  5  the parole hearing examiner's report and recommendation, and

  6  all supporting information upon which its release order was

  7  based.

  8         (f)  Within 30 days of receipt of the items listed in

  9  paragraph (e), the original sentencing judge or her or his

10  replacement shall review the order, findings, and evidence;

11  and, if the judge finds that the order of the board commission

12  is not based on competent substantial evidence or that the

13  parole is not in the best interest of the community or the

14  inmate, the court may vacate the release order.  The judge or

15  her or his replacement shall notify the board commission of

16  the decision of the court, and, if the release order is

17  vacated, such notification shall contain the evidence relied

18  on and the reasons for denial.  A copy of such notice shall be

19  sent to the inmate.

20         (g)  The decision of the original sentencing judge or,

21  in her or his absence, the chief judge of the circuit to

22  vacate any parole release order as provided in this section is

23  not appealable.  Each inmate whose parole release order has

24  been vacated by the court shall be reinterviewed within 2

25  years after the date of receipt of the vacated release order

26  and every 2 years thereafter, or earlier by order of the court

27  retaining jurisdiction. However, each inmate whose parole

28  release order has been vacated by the court and who has been:

29         1.  Convicted of murder or attempted murder;

30         2.  Convicted of sexual battery or attempted sexual

31  battery; or

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  1         3.  Sentenced to a 25-year minimum mandatory sentence

  2  previously provided in s. 775.082,

  3

  4  shall be reinterviewed once within 5 years after the date of

  5  receipt of the vacated release order and once every 5 years

  6  thereafter, if the board commission finds that it is not

  7  reasonable to expect that parole would be granted during the

  8  following years and states the bases for the finding in

  9  writing.  For any inmate who is within 7 years of his or her

10  tentative release date, the board commission may establish a

11  reinterview date prior to the 5-year schedule.

12         (h)  An inmate whose parole release order has been

13  vacated by the court may not be given a presumptive parole

14  release date during the period of retention of jurisdiction by

15  the court. During such period, a new effective parole release

16  date may be authorized at the discretion of the board

17  commission without further interview unless an interview is

18  requested by no fewer than two board members commissioners.

19  Any such new effective parole release date must be reviewed in

20  accordance with the provisions of paragraphs (c), (d), (e),

21  (f), and (g).

22         (5)  Within 90 days after any interview for parole, the

23  inmate shall be advised of the presumptive parole release

24  date. Subsequent to the establishment of the presumptive

25  parole release date, the board commission may, at its

26  discretion, review the official record or conduct additional

27  interviews with the inmate.  However, the presumptive parole

28  release date may not be changed except for reasons of

29  institutional conduct or the acquisition of new information

30  not available at the time of the initial interview.

31

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  1         (6)  This section as amended by chapter 82-171, Laws of

  2  Florida, shall apply only to those persons convicted on or

  3  after the effective date of chapter 82-171; and this section

  4  as in effect before being amended by chapter 82-171 shall

  5  apply to any person convicted before the effective date of

  6  chapter 82-171.

  7         Section 69.  Section 947.165, Florida Statutes, is

  8  amended to read:

  9         947.165  Objective parole guidelines.--

10         (1)  The board commission shall develop and implement

11  objective parole guidelines which shall be the criteria upon

12  which parole decisions are made.  The objective parole

13  guidelines shall be developed according to an acceptable

14  research method and shall be based on the seriousness of

15  offense and the likelihood of favorable parole outcome.  The

16  guidelines shall require the board commission to aggravate or

17  aggregate each consecutive sentence in establishing the

18  presumptive parole release date.  Factors used in arriving at

19  the salient factor score and the severity of offense behavior

20  category shall not be applied as aggravating circumstances.

21  If the sentencing judge files a written objection to the

22  parole release of an inmate as provided for in s. 947.1745(6),

23  such objection may be used by the board commission as a basis

24  to extend the presumptive parole release date.

25         (2)  At least once a year, the board commission shall

26  review the objective parole guidelines and make any revisions

27  considered necessary by virtue of statistical analysis of

28  board commission actions, which analysis uses acceptable

29  research and methodology.

30         Section 70.  Subsections (3) and (4) of section

31  947.168, Florida Statutes, are amended to read:

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  1         947.168  Consideration for persons serving

  2  parole-eligible and parole-ineligible sentences.--

  3         (3)  Actual terms of parole service shall not be

  4  initiated until the satisfactory completion of the

  5  parole-ineligible sentence and subsequent review by the board

  6  commission as provided in subsection (4).

  7         (4)  Following completion of the parole-ineligible

  8  sentence, the board commission shall reinterview the offender

  9  and consider any new information provided by the Department of

10  Corrections.  Upon an affirmative vote by the board

11  commission, the offender shall be released on parole and

12  required to meet any conditions set by the board commission

13  pursuant to s. 947.19.

14         Section 71.  Subsections (2) and (3) of section

15  947.172, Florida Statutes, are amended to read:

16         947.172  Establishment of presumptive parole release

17  date.--

18         (2)  Based on the objective parole guidelines and any

19  other competent evidence relevant to aggravating and

20  mitigating circumstances, the hearing examiner shall, within

21  10 days after the interview, recommend in writing to a panel

22  of no fewer than two board members commissioners appointed by

23  the chair a presumptive parole release date for the inmate.

24  The chair shall assign cases to such panels on a random basis,

25  without regard to the inmate or to the board members

26  commissioners sitting on the panel.  If the recommended

27  presumptive parole release date falls outside the matrix time

28  ranges as determined by the objective parole guidelines, the

29  hearing examiner shall include with the recommendation a

30  statement in writing as to the reasons for the decision,

31  specifying individual particularities.  If a panel fails to

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  1  reach a decision on a recommended presumptive parole release

  2  date, the chair or any other board member commissioner

  3  designated by the chair shall cast the deciding vote.  Within

  4  90 days after the date of the initial interview, the inmate

  5  shall be notified in writing of the decision as to the

  6  inmate's presumptive parole release date.

  7         (3)  A presumptive parole release date shall become

  8  binding on the board commission when agreement on the

  9  presumptive parole release date is reached. Should the

10  presumptive parole release date fall outside the matrix time

11  ranges as determined by the objective parole guidelines, the

12  reasons for this decision shall be stated in writing with

13  individual particularities.

14         Section 72.  Subsections (2) and (3) of section

15  947.173, Florida Statutes, are amended to read:

16         947.173  Review of presumptive parole release date.--

17         (2)  A panel of no fewer than two board members

18  commissioners appointed by the chair shall review the inmate's

19  request for review and shall notify the inmate in writing of

20  its decision within 60 days after the date of receipt of the

21  request by the board commission.

22         (3)  The board commission may affirm or modify the

23  authorized presumptive parole release date.  However, in the

24  event of a decision to modify the presumptive parole release

25  date, in no case shall this modified date be after the date

26  established under the procedures of s. 947.172.  It is the

27  intent of this legislation that, once set, presumptive parole

28  release dates be modified only for good cause in exceptional

29  circumstances.

30         Section 73.  Section 947.174, Florida Statutes, is

31  amended to read:

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  1         947.174  Subsequent interviews.--

  2         (1)(a)  For any inmate, except an inmate convicted of

  3  an offense enumerated in paragraph (b), whose presumptive

  4  parole release date falls more than 2 years after the date of

  5  the initial interview, a hearing examiner shall schedule an

  6  interview for review of the presumptive parole release date.

  7  Such interview shall take place within 2 years after the

  8  initial interview and every 2 years thereafter.

  9         (b)  For any inmate convicted of murder, attempted

10  murder, sexual battery, attempted sexual battery, or who has

11  been sentenced to a 25-year minimum mandatory sentence

12  previously provided in s. 775.082, and whose presumptive

13  parole release date is more than 5 years after the date of the

14  initial interview, a hearing examiner shall schedule an

15  interview for review of the presumptive parole release date.

16  Such interview shall take place once within 5 years after the

17  initial interview and once every 5 years thereafter if the

18  board commission finds that it is not reasonable to expect

19  that parole will be granted at a hearing during the following

20  years and states the bases for the finding in writing.   For

21  any inmate who is within 7 years of his or her tentative

22  release date, the board commission may establish an interview

23  date prior to the 5-year schedule.

24         (c)  Such interviews shall be limited to determining

25  whether or not information has been gathered which might

26  affect the presumptive parole release date. The provisions of

27  this subsection shall not apply to an inmate serving a

28  concurrent sentence in another jurisdiction pursuant to s.

29  921.16(2).

30         (2)  The board commission, for good cause, may at any

31  time request that a hearing examiner conduct a subsequent

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  1  hearing according to the procedures outlined in this section.

  2  Such request shall specify in writing the reasons for such

  3  review.

  4         (3)  The department shall, within a reasonable amount

  5  of time, make available and bring to the attention of the

  6  board commission such information as is deemed important to

  7  the review of the presumptive parole release date, including,

  8  but not limited to, current progress reports, psychological

  9  reports, and disciplinary reports.

10         (4)  The department or a hearing examiner may recommend

11  that an inmate be placed in a work-release program prior to

12  the last 18 months of her or his confinement before the

13  presumptive parole release date.  If the board commission does

14  not deny the recommendation within 30 days of the receipt of

15  the recommendation, the inmate may be placed in such a

16  program, and the department shall advise the board commission

17  of the fact prior to such placement.

18         (5)  For purposes of this section, the board commission

19  shall develop and make available to all inmates guidelines

20  which:

21         (a)  Define what constitutes an unsatisfactory

22  institutional record. In developing such guidelines, the board

23  commission shall consult with the department.

24         (b)  Define what constitutes a satisfactory release

25  plan and what constitutes verification of the plan prior to

26  placement on parole.

27         Section 74.  Subsections (1), (4), (5), and (6) of

28  section 947.1745, Florida Statutes, are amended to read:

29         947.1745  Establishment of effective parole release

30  date.--If the inmate's institutional conduct has been

31

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  1  satisfactory, the presumptive parole release date shall become

  2  the effective parole release date as follows:

  3         (1)  Within 90 days before the presumptive parole

  4  release date, a hearing examiner shall conduct a final

  5  interview with the inmate in order to establish an effective

  6  parole release date and parole release plan.  If it is

  7  determined that the inmate's institutional conduct has been

  8  unsatisfactory, a statement to this effect shall be made in

  9  writing with particularity and shall be forwarded to a panel

10  of no fewer than two board members commissioners appointed by

11  the chair.

12         (4)  If an effective date of parole has been

13  established, release on that date is conditioned upon the

14  completion of a satisfactory plan for parole supervision.  An

15  effective date of parole may be delayed for up to 60 days by a

16  board member commissioner without a hearing for the

17  development and approval of release plans.

18         (5)  An effective date of parole may be delayed by a

19  board member commissioner for up to 60 days without a hearing

20  based on:

21         (a)  New information not available at the time of the

22  effective parole release date interview.

23         (b)  Unsatisfactory institutional conduct which

24  occurred subsequent to the effective parole release date

25  interview.

26         (c)  The lack of a verified parole release plan.

27         (6)  Within 90 days before the effective parole release

28  date interview, the board commission shall send written notice

29  to the sentencing judge of any inmate who has been scheduled

30  for an effective parole release date interview.  If the

31  sentencing judge is no longer serving, the notice must be sent

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  1  to the chief judge of the circuit in which the offender was

  2  sentenced. The chief judge may designate any circuit judge

  3  within the circuit to act in the place of the sentencing

  4  judge.  Within 30 days after receipt of the board's

  5  commission's notice, the sentencing judge, or the designee,

  6  shall send to the board commission notice of objection to

  7  parole release, if the judge objects to such release.  If

  8  there is objection by the judge, such objection may constitute

  9  good cause in exceptional circumstances as described in s.

10  947.173, and the board commission may schedule a subsequent

11  review within 2 years, extending the presumptive parole

12  release date beyond that time. However, for an inmate who has

13  been:

14         (a)  Convicted of murder or attempted murder;

15         (b)  Convicted of sexual battery or attempted sexual

16  battery; or

17         (c)  Sentenced to a 25-year minimum mandatory sentence

18  previously provided in s. 775.082,

19

20  the board commission may schedule a subsequent review under

21  this subsection once every 5 years, extending the presumptive

22  parole release date beyond that time if the board commission

23  finds that it is not reasonable to expect that parole would be

24  granted at a review during the following years and states the

25  bases for the finding in writing. For any inmate who is within

26  7 years of his or her release date, the board commission may

27  schedule a subsequent review prior to the 5 year schedule.

28  With any subsequent review the same procedure outlined above

29  will be followed.  If the judge remains silent with respect to

30  parole release, the board commission may authorize an

31  effective parole release date.  This subsection applies if the

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  1  board commission desires to consider the establishment of an

  2  effective release date without delivery of the effective

  3  parole release date interview.  Notice of the effective

  4  release date must be sent to the sentencing judge, and either

  5  the judge's response to the notice must be received or the

  6  time period allowed for such response must elapse before the

  7  board commission may authorize an effective release date.

  8         Section 75.  Section 947.1746, Florida Statutes, is

  9  amended to read:

10         947.1746  Establishment of effective parole release

11  date.--Within 30 days of the receipt of new information or

12  upon receipt of a written recommendation from the department

13  that an inmate be considered for mitigation of the authorized

14  presumptive parole release date, the board commission may, at

15  its discretion, provide for a final interview to establish an

16  effective parole release date or may review the official

17  record and establish an effective parole release date without

18  provision of a final interview, unless an interview is

19  requested by no fewer than two board members commissioners.

20         Section 76.  Section 947.1747, Florida Statutes, is

21  amended to read:

22         947.1747  Community control as a special condition of

23  parole.--Upon the establishment of an effective parole release

24  date as provided for in ss. 947.1745 and 947.1746, the board

25  commission may, as a special condition of parole, require an

26  inmate to be placed in the community control program of the

27  Department of Corrections as described in s. 948.10 for a

28  period not exceeding 6 months.  In every case in which the

29  board commission decides to place an inmate on community

30  control as a special condition of parole, the board commission

31

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  1  shall provide a written explanation of the reasons for its

  2  decision.

  3         Section 77.  Subsection (1) of section 947.175, Florida

  4  Statutes, is amended to read:

  5         947.175  Notice to local agencies.--

  6         (1)  The Parole Board Commission shall, upon

  7  establishing the effective parole release date of an inmate,

  8  notify the county law enforcement agency in the county in this

  9  state in which the inmate is scheduled to be released and any

10  other criminal justice agency which, in writing, requests the

11  board commission to provide such notice.

12         Section 78.  Section 947.177, Florida Statutes, is

13  amended to read:

14         947.177  Inmate release; notice by Department of

15  Corrections, Control Release Authority, or Parole Board

16  Commission.--

17         (1)  Within 6 months before the release of an inmate

18  from the custody of the Department of Corrections or a private

19  correctional facility by expiration of sentence under s.

20  944.275, control release under s. 947.146, or parole under

21  this chapter, or as soon as possible if the offender is

22  released earlier than anticipated, notification of such

23  release date shall be made known by the appropriate agency to

24  the chief judge of the circuit in which the offender was

25  sentenced, the appropriate state attorney, and the sheriff as

26  chief law enforcement officer of the county in which the

27  inmate plans to reside. In addition, unless otherwise

28  requested by the victim or the personal representative of the

29  victim, the state attorney, the Department of Corrections, or

30  the Parole Board Commission, whichever is appropriate, shall

31  notify such person within 6 months before the inmate's

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  1  release, or as soon as possible if the offender is released

  2  earlier than anticipated, when the name and address of the

  3  victim or representative of the victim has been furnished to

  4  the agency. The state attorney shall provide the latest

  5  address documented for the victim to the sheriff with the

  6  other documents required by law for the delivery of inmates to

  7  those agencies for service of sentence.  For the purposes of

  8  this section, the Parole Board Commission or the Control

  9  Release Authority is the appropriate agency for any type of

10  release it grants, and the Department of Corrections is the

11  appropriate agency for any type of release it authorizes. This

12  section does not imply any repeal or modification of any

13  provision of law relating to notification of victims.

14         (2)  Within 60 days before the anticipated release of

15  an inmate, a digitized photograph of the inmate to be released

16  shall be made by the Department of Corrections or a private

17  correctional facility, whichever has custody of the inmate. If

18  a private correctional facility makes the digitized

19  photograph, this photograph shall be provided to the

20  Department of Corrections. Additionally, the digitized

21  photograph, whether made by the Department of Corrections or a

22  private correctional facility, shall be placed in the inmate's

23  file. The Department of Corrections shall make the digitized

24  photograph available electronically to the Department of Law

25  Enforcement as soon as the digitized photograph is in the

26  agency's database and must be in a format that is compatible

27  with the requirements of the Florida Crime Information Center.

28         (3)  If an inmate is to be released after having served

29  one or more sentences for a conviction of robbery, sexual

30  battery, home-invasion robbery, or carjacking, or an inmate to

31  be released has a prior conviction for robbery, sexual

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  1  battery, home-invasion robbery, or carjacking or similar

  2  offense, in this state or in another jurisdiction, and if such

  3  prior conviction information is contained in records of the

  4  Department of Corrections, the appropriate releasing agency

  5  shall release to the sheriff of the county in which the inmate

  6  plans to reside, and, if the inmate plans to reside within a

  7  municipality, to the chief of police of that municipality, the

  8  following information, which must include, but need not be

  9  limited to:

10         (a)  Name;

11         (b)  Social security number;

12         (c)  Date of birth;

13         (d)  Race;

14         (e)  Sex;

15         (f)  Height;

16         (g)  Weight;

17         (h)  Hair and eye color;

18         (i)  Tattoos or other identifying marks;

19         (j)  Fingerprints; and

20         (k)  A digitized photograph as provided in subsection

21  (2).

22

23  The Department of Corrections, the Parole Board Commission, or

24  the Control Release Authority shall release the information

25  specified in this subsection within 6 months prior to the

26  discharge of the inmate from the custody of the Department of

27  Corrections.

28         (4)  An inmate who refuses to submit to the taking of a

29  digitized photograph commits a felony of the third degree,

30  punishable as provided in s. 775.082, s. 775.083, or s.

31  775.084.

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  1         Section 79.  Section 947.18, Florida Statutes, is

  2  amended to read:

  3         947.18  Conditions of parole.--No person shall be

  4  placed on parole merely as a reward for good conduct or

  5  efficient performance of duties assigned in prison. No person

  6  shall be placed on parole until and unless the board

  7  commission finds that there is reasonable probability that, if

  8  the person is placed on parole, he or she will live and

  9  conduct himself or herself as a respectable and law-abiding

10  person and that the person's release will be compatible with

11  his or her own welfare and the welfare of society. No person

12  shall be placed on parole unless and until the board

13  commission is satisfied that he or she will be suitably

14  employed in self-sustaining employment or that he or she will

15  not become a public charge. The board commission shall

16  determine the terms upon which such person shall be granted

17  parole.  If the person's conviction was for a controlled

18  substance violation, one of the conditions must be that the

19  person submit to random substance abuse testing intermittently

20  throughout the term of supervision, upon the direction of the

21  correctional probation officer as defined in s. 943.10(3).  In

22  addition to any other lawful condition of parole, the board

23  commission may make the payment of the debt due and owing to

24  the state under s. 960.17 or the payment of the attorney's

25  fees and costs due and owing to a county under s. 938.29 a

26  condition of parole subject to modification based on change of

27  circumstances.

28         Section 80.  Section 947.181, Florida Statutes, is

29  amended to read:

30         947.181  Victim restitution as condition of parole.--

31

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  1         (1)(a)  The Parole Board Commission shall require as a

  2  condition of parole reparation or restitution to the aggrieved

  3  party for the damage or loss caused by the offense for which

  4  the parolee was imprisoned unless the board commission finds

  5  reasons to the contrary.  If the board commission does not

  6  order restitution or orders only partial restitution, the

  7  board commission shall state on the record the reasons

  8  therefor.  The amount of such reparation or restitution shall

  9  be determined by the Parole Board Commission.

10         (b)  If the parolee fails to make the reparation or

11  restitution to the aggrieved party as authorized in paragraph

12  (a), it shall be considered by the board commission as a

13  violation of parole as specified in s. 947.21 and may be cause

14  for revocation of her or his parole.

15         (2)  If a defendant is paroled, any restitution ordered

16  under s. 775.089 shall be a condition of such parole.  The

17  Parole Board Commission may revoke parole if the defendant

18  fails to comply with such order.  In determining whether to

19  revoke parole, the Parole Board Commission shall consider the

20  defendant's employment status, earning ability, and financial

21  resources; the willfulness of the defendant's failure to pay;

22  and any other special circumstances that may have a bearing on

23  the defendant's ability to pay.

24         Section 81.  Section 947.185, Florida Statutes, is

25  amended to read:

26         947.185  Application for mental retardation services as

27  condition of parole.--The Parole Board Commission may require

28  as a condition of parole that any inmate who has been

29  diagnosed as mentally retarded as defined in s. 393.063 shall,

30  upon release, apply for retardation services from the

31  Department of Children and Family Services.

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  1         Section 82.  Subsections (1), (2), and (3) of section

  2  947.19, Florida Statutes, are amended to read:

  3         947.19  Terms of parole.--

  4         (1)  The board commission, upon authorizing an

  5  effective parole release date, shall specify in writing the

  6  terms and conditions of the parole, a certified copy of which

  7  shall be given to the parolee.

  8         (2)  A parolee may, within 120 days of receipt of the

  9  certified copy of the terms and conditions of parole, request

10  that the board commission modify the terms and conditions of

11  parole; the parolee must specify in writing the reasons for

12  requesting such modifications.

13         (3)  A panel of no fewer than two board members

14  commissioners appointed by the chair shall consider requests

15  for review of the terms and conditions of parole, render a

16  written decision to continue or to modify the terms and

17  conditions of parole, specifying the reasons therefor, and

18  inform the parolee of the decision in writing within 30 days

19  of the date of receipt of request for review.  Such panel

20  shall not include those board members commissioners who

21  authorized the original conditions of parole.

22         Section 83.  Section 947.20, Florida Statutes, is

23  amended to read:

24         947.20  Rules of board commission.--The board

25  commission shall adopt general rules on the terms and

26  conditions of parole and what shall constitute the violation

27  thereof and may make special rules to govern particular cases.

28  Such rules, both general and special, may include, among other

29  things, a requirement that the parolee shall not leave the

30  state or any definite area in Florida without the consent of

31  the board commission; that the parolee shall contribute to the

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  1  support of her or his dependents to the best of her or his

  2  ability; that the parolee shall make reparation or restitution

  3  for her or his crime; that the parolee shall not associate

  4  with persons engaged in criminal activity; and that the

  5  parolee shall carry out the instructions of her or his parole

  6  supervisor and, in general, comport herself or himself in

  7  accordance with the terms and conditions of her or his parole.

  8         Section 84.  Subsection (2) of section 947.21, Florida

  9  Statutes, is amended to read:

10         947.21  Violations of parole.--

11         (2)  An offender whose parole is revoked may, at the

12  discretion of the board commission, be credited with any

13  portion of the time the offender has satisfactorily served on

14  parole.

15         Section 85.  Section 947.22, Florida Statutes, is

16  amended to read:

17         947.22  Authority to arrest parole violators with or

18  without warrant.--

19         (1)  If a member of the board commission or a duly

20  authorized representative of the board commission has

21  reasonable grounds to believe that a parolee has violated the

22  terms and conditions of her or his parole in a material

23  respect, such member or representative may issue a warrant for

24  the arrest of such parolee.  The warrant shall be returnable

25  before a member of the board commission or a duly authorized

26  representative of the board commission.  The board commission,

27  a board member commissioner, or a parole examiner with

28  approval of the parole examiner supervisor, may release the

29  parolee on bail or her or his own recognizance, conditioned

30  upon her or his appearance at any hearings noticed by the

31  board commission.  If not released on bail or her or his own

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  1  recognizance, the parolee shall be committed to jail pending

  2  hearings pursuant to s. 947.23. The board commission, at its

  3  election, may have the hearing conducted by one or more board

  4  members commissioners or by a duly authorized representative

  5  of the board commission.  Any parole and probation officer,

  6  any officer authorized to serve criminal process, or any peace

  7  officer of this state is authorized to execute the warrant.

  8         (2)  Any parole and probation officer, when she or he

  9  has reasonable ground to believe that a parolee, control

10  releasee, or conditional releasee has violated the terms and

11  conditions of her or his parole, control release, or

12  conditional release in a material respect, has the right to

13  arrest the releasee or parolee without warrant and bring her

14  or him forthwith before one or more board members

15  commissioners or a duly authorized representative of the

16  Parole Board Commission or Control Release Authority; and

17  proceedings shall thereupon be had as provided herein when a

18  warrant has been issued by a member of the board commission or

19  authority or a duly authorized representative of the board

20  commission or authority.

21         Section 86.  Section 947.23, Florida Statutes, is

22  amended to read:

23         947.23  Action of board commission upon arrest of

24  parolee.--

25         (1)  Within 30 days after the arrest of a person

26  charged with violation of the terms and conditions of her or

27  his parole, the parolee shall be afforded a prompt preliminary

28  hearing, conducted by a member of the board commission or its

29  duly authorized representative, at or near the place of

30  violation or arrest to determine if there is probable cause or

31  reasonable grounds to believe that the parolee has committed a

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  1  violation of the terms or conditions of her or his parole.

  2  The parolee may knowingly execute a waiver of this hearing, up

  3  until the time of such hearing, provided the consequences of

  4  such action have been fully explained.  If the parolee elects

  5  to proceed with the preliminary hearing:

  6         (a)  The parolee shall be afforded a timely notice of

  7  the preliminary hearing, which notice shall state the purpose

  8  of the hearing and state the alleged violation.

  9         (b)  The parolee shall be permitted to cross-examine

10  adverse witnesses, unless it is determined that good cause

11  exists not to allow such examination.

12         (c)  The parolee shall be allowed to call witnesses as

13  provided in subsection (3), and present evidence in her or his

14  own behalf.

15         (d)  The parolee may be represented by counsel.

16

17  The findings based on the evidence presented at the

18  preliminary hearing shall be made available to the parolee

19  either immediately following the preliminary hearing or within

20  a reasonable time thereafter.

21         (2)  If the preliminary hearing results in a finding of

22  probable cause or reasonable grounds to believe that a

23  violation of the terms or conditions of parole has occurred,

24  any one or more board members commissioners or a duly

25  authorized representative of the board commission shall

26  convene a final revocation hearing on the alleged violation.

27  The parolee shall appear at the final hearing in person, and,

28  if the parolee desires, she or he may be represented by

29  counsel. At the final hearing, the state and the parolee may

30  introduce such evidence as is necessary and pertinent to the

31  charge of parole violation.

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  1         (3)  Any one or more board members commissioners or a

  2  duly authorized representative of the board commission may

  3  administer oaths and compel the attendance of witnesses at

  4  such hearing by the issuance of summons, subpoenas, and

  5  subpoenas duces tecum. Subpoenas and subpoenas duces tecum

  6  shall be enforceable by appropriate proceedings in circuit

  7  court, and the failure to comply with a court order enforcing

  8  a subpoena or subpoena duces tecum shall constitute contempt

  9  of court.  Any one or more board members commissioners or a

10  duly authorized representative of the board commission may

11  issue subpoenas on behalf of the state or the parolee.  The

12  board commission may decline a request to subpoena a witness

13  whose testimony it finds would be cumulative, irrelevant, or

14  nonprobative.  The party requesting the subpoenas shall

15  furnish to the board member, board members commissioner,

16  commissioners, or duly authorized representative of the board

17  commission the names and addresses of her or his proposed

18  witnesses at least 10 days prior to the hearing date.

19         (4)  At the hearing, the parolee shall be informed

20  orally and in writing of:

21         (a)  The violation of the terms and conditions of

22  parole with which the parolee has been charged.

23         (b)  The right to be represented by counsel.

24         (c)  The right to be heard in person.

25         (d)  The right to secure, present, and compel the

26  attendance of witnesses as provided in subsection (3) and the

27  production of documents on her or his behalf.

28         (e)  The right of access to all evidence used against

29  her or him.

30         (f)  The right to confront and cross-examine adverse

31  witnesses, unless the board member, board members

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  1  commissioner, commissioners, or duly authorized representative

  2  of the board commission conducting the hearing finds

  3  specifically, and states in writing, good cause not to allow

  4  the confrontation.

  5         (5)(a)  At any such hearing convened by one or more

  6  board members commissioners or a duly authorized

  7  representative of the board commission, the accused may waive

  8  her or his right to proceed further if, after being informed

  9  of her or his rights and after being advised of the

10  consequences of a waiver in regard to the nature of the order

11  which may be entered as a result of such waiver, the accused

12  affirms, in writing, knowledge and understanding of such

13  rights and consequences and elects, in writing, to execute the

14  waiver.

15         (b)  The accused violator may execute a waiver, in

16  writing, of a final revocation hearing prior to the

17  commencement of such hearing.  Such waiver may be executed

18  before a member of the board commission or a duly authorized

19  representative of the board commission after the accused

20  violator has been informed of her or his rights and after she

21  or he has been advised of the consequences of a waiver. Within

22  14 days after the execution of a waiver, the accused may

23  withdraw the waiver by executing a withdrawal of waiver before

24  a notary public and forwarding the original of that withdrawal

25  to the board commission.

26         (6)  Within a reasonable time after the hearing, the

27  board member, board members commissioner, commissioners, or

28  duly authorized representative of the board commission who

29  conducted the hearing shall make findings of fact in regard to

30  the alleged parole violation.

31

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  1         (a)  If the hearing was conducted by three or more

  2  board members commissioners, a majority of them shall enter an

  3  order determining whether the charges of parole violation have

  4  been sustained, based on the findings of fact made by them.

  5  By such order they shall revoke the parole and return the

  6  parolee to prison to serve the sentence theretofore imposed

  7  upon her or him, reinstate the original order of parole, order

  8  the placement of the parolee into a community control program

  9  as set forth in s. 948.03, or enter such other order as is

10  proper.

11         (b)  If the hearing was conducted by one or two board

12  members commissioners or a duly authorized representative of

13  the board commission, at least two board members commissioners

14  shall enter an order determining whether or not the charges of

15  parole violation have been sustained, based on the findings of

16  fact made by the board member, board members commissioner,

17  commissioners, or duly authorized representative of the board

18  commission.  The board members commissioners, by such order,

19  shall revoke the parole and return the parolee to prison to

20  serve the sentence theretofore imposed upon her or him,

21  reinstate the original order of parole, order the placement of

22  the parolee into a community control program as set forth in

23  s. 948.03, or enter such other order as is proper.

24         (c)  If the disposition after the revocation hearing is

25  to place the parolee into a community control program, the

26  board commission shall be guided by the procedures and

27  requirements provided in chapter 948 which apply to the courts

28  regarding the development and implementation of community

29  control.

30

31

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  1  However, any decision to revoke parole shall be based on a

  2  violation of a term or condition specifically enumerated in

  3  the parole release order.  In a case in which parole is

  4  revoked, the majority of the board commission or the two board

  5  members commissioners shall make a written statement of the

  6  evidence relied on and the reasons for revoking parole.

  7         (7)  Whenever a parole is revoked by the board

  8  commission and the parolee is ordered by the board commission

  9  to be returned to prison, the parolee, by reason of her or his

10  misconduct, shall be deemed to forfeit all gain-time or

11  commutation of time for good conduct, as provided for by law,

12  earned up to the date of her or his release on parole.

13  Nothing herein shall deprive the prisoner of her or his right

14  to gain-time or commutation of time for good conduct, as

15  provided by law, from the date the prisoner is returned to

16  prison.

17         Section 87.  Subsections (1) and (2) of section 947.24,

18  Florida Statutes, are amended to read:

19         947.24  Discharge from parole supervision or release

20  supervision.--

21         (1)  When a person is placed on parole, control

22  release, or conditional release, the board commission shall

23  determine the period of time the person will be under parole

24  supervision or release supervision in the following manner:

25         (a)  If the person is being paroled or released under

26  supervision from a single or concurrent sentence, the period

27  of time the person will be under parole supervision or release

28  supervision may not exceed 2 years unless the board commission

29  designates a longer period of time, in which case it must

30  advise the parolee or releasee in writing of the reasons for

31  the extended period.  In any event, the period of parole

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  1  supervision or release supervision may not exceed the maximum

  2  period for which the person has been sentenced.

  3         (b)  If the person is being paroled or released under

  4  supervision from a consecutive sentence or sentences, the

  5  period of time the person will be under parole supervision or

  6  release supervision will be for the maximum period for which

  7  the person was sentenced.

  8         (2)  The board commission shall review the progress of

  9  each person who has been placed on parole, control release, or

10  conditional release after 2 years of supervision in the

11  community and biennially thereafter.  Such review must include

12  consideration of whether to modify the reporting schedule,

13  thereby authorizing the person under parole supervision or

14  release supervision to submit reports quarterly, semiannually,

15  or annually.  The board commission, after having retained

16  jurisdiction of a person for a sufficient length of time to

17  evidence satisfactory rehabilitation and cooperation, may

18  further modify the terms and conditions of the person's

19  parole, control release, or conditional release, may discharge

20  the person from parole supervision or release supervision, may

21  relieve the person from making further reports, or may permit

22  the person to leave the state or country, upon finding that

23  such action is in the best interests of the person and

24  society.

25         Section 88.  Section 947.26, Florida Statutes, is

26  amended to read:

27         947.26  Cooperation of custodian of prisoner; right of

28  access.--The superintendent, warden, or jailer of any jail or

29  prison in which persons convicted of crime may be confined and

30  all officers or employees thereof shall at all times cooperate

31  with the board commission and, upon its request, shall furnish

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  1  it with such information as they may have respecting any

  2  person inquired about as will enable the board commission

  3  properly to perform its duties.  Such officials shall, at all

  4  reasonable times, when the public safety permits, give the

  5  members of the board commission and its authorized agents and

  6  employees access to all prisoners in their charge.

  7         Section 89.  Subsections (4), (6), and (7) of section

  8  948.001, Florida Statutes, are renumbered as subsections (5),

  9  (8), and (9), respectively, present subsection (5) is

10  renumbered as subsection (7) and amended, and new subsections

11  (4) and (6) are added to said section, to read:

12         948.001  Definitions.--As used in this chapter, the

13  term:

14         (4)  "Department" means the Department of Corrections.

15         (6)  "Mandatory postprison probation" means a mandatory

16  period of probation imposed at sentencing, to be served upon

17  release from prison, for offenders sentenced to prison. The

18  length of mandatory postprison probation shall equal the

19  portion of the court-imposed prison sentence that was not

20  served due to the accrual of gain-time.

21         (7)(5)  "Probation" means a form of community

22  supervision requiring specified contacts with parole and

23  probation officers and other terms and conditions as provided

24  in s. 948.03.

25         Section 90.  Subsections (3) through (15) of section

26  948.01, Florida Statutes, are renumbered as subsections (4)

27  through (16), respectively, and a new subsection (3) is added

28  to said section to read:

29         948.01  When court may place defendant on probation or

30  into community control.--

31

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  1         (3)  If the court sentences any defendant for an

  2  offense committed on or after July 1, 2000, to a period of

  3  incarceration, the court shall also place the defendant on

  4  mandatory postprison probation to commence upon the

  5  defendant's release from prison in accordance with the

  6  provisions of s. 948.03(6).

  7         Section 91.  Subsections (6) through (11) of section

  8  948.03, Florida Statutes, are renumbered as subsections (7)

  9  through (12), respectively, subsection (1) and present

10  subsection (11) are amended, and a new subsection (6) is added

11  to said section, to read:

12         948.03  Terms and conditions of probation or community

13  control.--

14         (1)  The court shall determine the terms and conditions

15  of any form of probation or community control.  Conditions

16  specified in paragraphs (a) through and including (m) do not

17  require oral pronouncement at the time of sentencing and may

18  be considered standard conditions of any form of probation,

19  with the exception of administrative probation. Conditions

20  specified in paragraphs (a) through and including (m) and

21  (2)(a) do not require oral pronouncement at sentencing and may

22  be considered standard conditions of any form of community

23  control.  These conditions may include among them the

24  following, that the probationer or offender in community

25  control shall:

26         (a)  Report to the probation and parole supervisors as

27  directed.

28         (b)  Permit such supervisors to visit him or her at his

29  or her home or elsewhere.

30         (c)  Work faithfully at suitable employment insofar as

31  may be possible.

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  1         (d)  Remain within a specified place.

  2         (e)  Make reparation or restitution to the aggrieved

  3  party for the damage or loss caused by his or her offense in

  4  an amount to be determined by the court.  The court shall make

  5  such reparation or restitution a condition of probation,

  6  unless it determines that clear and compelling reasons exist

  7  to the contrary. If the court does not order restitution, or

  8  orders restitution of only a portion of the damages, as

  9  provided in s. 775.089, it shall state on the record in detail

10  the reasons therefor.

11         (f)  Effective July 1, 1994, and applicable for

12  offenses committed on or after that date, make payment of the

13  debt due and owing to a county or municipal detention facility

14  under s. 951.032 for medical care, treatment, hospitalization,

15  or transportation received by the felony probationer while in

16  that detention facility. The court, in determining whether to

17  order such repayment and the amount of such repayment, shall

18  consider the amount of the debt, whether there was any fault

19  of the institution for the medical expenses incurred, the

20  financial resources of the felony probationer, the present and

21  potential future financial needs and earning ability of the

22  probationer, and dependents, and other appropriate factors.

23         (g)  Support his or her legal dependents to the best of

24  his or her ability.

25         (h)  Make payment of the debt due and owing to the

26  state under s. 960.17, subject to modification based on change

27  of circumstances.

28         (i)  Pay any application fee assessed under s.

29  27.52(1)(c) and attorney's fees and costs assessed under s.

30  938.29, subject to modification based on change of

31  circumstances.

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  1         (j)  Not associate with persons engaged in criminal

  2  activities.

  3         (k)1.  Submit to random testing as directed by the

  4  correctional probation officer or the professional staff of

  5  the treatment center where he or she is receiving treatment to

  6  determine the presence or use of alcohol or controlled

  7  substances.

  8         2.  If the offense was a controlled substance violation

  9  and the period of probation immediately follows a period of

10  incarceration in the state correction system, the conditions

11  shall include a requirement that the offender submit to random

12  substance abuse testing intermittently throughout the term of

13  supervision, upon the direction of the correctional probation

14  officer as defined in s. 943.10(3).

15         (l)  Be prohibited from possessing, carrying, or owning

16  any firearm unless authorized by the court and consented to by

17  the probation officer.

18         (m)  Be prohibited from using intoxicants to excess or

19  possessing any drugs or narcotics unless prescribed by a

20  physician. The probationer or community controllee shall not

21  knowingly visit places where intoxicants, drugs, or other

22  dangerous substances are unlawfully sold, dispensed, or used.

23         (n)  Attend an HIV/AIDS awareness program consisting of

24  a class of not less than 2 hours or more than 4 hours in

25  length, the cost for which shall be paid by the offender, if

26  such a program is available in the county of the offender's

27  residence.

28         (o)  Pay not more than $1 per month during the term of

29  probation or community control to a nonprofit organization

30  established for the sole purpose of supplementing the

31  rehabilitative efforts of the Department of Corrections.

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  1         (6)(a)  Effective for offenses committed on or after

  2  July 1, 2000, if the court sentences any defendant to state

  3  prison, the court shall place the defendant on mandatory

  4  postprison probation, which shall commence upon release from

  5  incarceration. The court shall specify that the term of

  6  supervision shall equal the amount of the portion of the

  7  court-imposed prison sentence that was not served due to the

  8  accrual of gain-time. The court shall specify the conditions

  9  of supervision pursuant to this section and shall also provide

10  for the following:

11         1.  If the offense is an offense enumerated in

12  paragraph (5)(a) or paragraph (5)(b), the court must also

13  impose the conditions specified in paragraphs (5)(a) and (b).

14         2.  If the offense involved a victim, as a condition of

15  mandatory postprison probation the court shall prohibit

16  contact with the victim, unless the victim expresses to the

17  court that the requirement for such a condition is

18  unnecessary. Under such circumstance, the court may in its

19  discretion prohibit contact with the victim.

20         3.  If, during the commission of the offense, physical

21  violence, sexual contact, or sexual penetration was attempted

22  or perpetrated by the offender, the court in its discretion

23  may order electronic monitoring or curfews as conditions of

24  postprison probation.

25         4.  When setting the conditions of mandatory postprison

26  probation, the court shall determine the amount of

27  restitution, the consequences of the offense as reported by

28  the aggrieved party and the aggrieved party's fear of the

29  offender.

30         5.  The court shall include a condition on each order

31  of mandatory postprison probation that if the term of

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  1  mandatory postprison probation is equal to or less than 60

  2  days and there is no additional supervision to follow said

  3  term, the offender is not required to report for supervision,

  4  unless specifically requested to do so by the probation

  5  officer, and the officer is not required to contact the

  6  offender. However, if restitution or other court-ordered

  7  monetary obligation is applicable, the offender must make

  8  payment or be subject to the provisions of s. 948.06.

  9         (b)  The department shall establish the onset date and

10  shall calculate the scheduled termination date of the

11  postprison release probation. The postprison release probation

12  shall commence on the date the offender is released from

13  prison. The termination date shall be calculated by adding the

14  number of days of the court-imposed sentence that were not

15  served in prison due to the accrual of gain-time to the onset

16  of mandatory postprison probation. The defendant may petition

17  the court if he or she disputes the department's calculation.

18         (c)  The placement of a defendant on mandatory

19  postprison probation in no way prohibits the court from also

20  imposing a split sentence pursuant to s. 948.01(7). When a

21  split sentence is imposed in addition to postprison probation,

22  the supervision shall defer to the supervision of the split

23  sentence. If the term of the mandatory postprison probation

24  exceeds the supervision length of the supervision portion of

25  the split sentence, when the split supervision terminates,

26  supervision authority shall revert to the order of postprison

27  probation.

28         (12)(11)  Any order issued pursuant to subsection (11)

29  (10) shall also require the convicted person to reimburse the

30  appropriate agency for the costs of drawing and transmitting

31

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  1  the blood specimens to the Florida Department of Law

  2  Enforcement.

  3         Section 92.  Subsection (1) of section 948.04, Florida

  4  Statutes, is amended to read:

  5         948.04  Period of probation; duty of probationer; early

  6  termination.--

  7         (1)  Defendants found guilty of felonies who are placed

  8  on probation shall be under supervision not to exceed 2 years

  9  unless otherwise specified by the court.  No defendant placed

10  on probation pursuant to s. 948.01(7)(6) or s. 948.034 is

11  subject to the probation limitations of this subsection.  A

12  defendant who is placed on probation or community control for

13  a violation of chapter 794 or chapter 827 is subject to the

14  maximum level of supervision provided by the supervising

15  agency, and that supervision shall continue through the full

16  term of the court-imposed probation or community control.

17         Section 93.  Section 948.06, Florida Statutes, is

18  amended to read:

19         948.06  Violation of probation, or community control,

20  or conditional release; revocation; modification; continuance;

21  failure to pay restitution or cost of supervision.--

22         (1)  Whenever within the period of probation, or

23  community control, or conditional release there are reasonable

24  grounds to believe that a probationer, or offender in

25  community control, or conditional releasee has violated his or

26  her probation, or community control, or conditional release in

27  a material respect, any law enforcement officer who is aware

28  of the probationary, or community control, or conditional

29  release status of the probationer, or offender in community

30  control, or conditional releasee or any parole or probation

31  officer supervisor may arrest or request any county or

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  1  municipal law enforcement officer to arrest such probationer,

  2  or offender, or conditional releasee without warrant wherever

  3  found and forthwith return him or her to the court granting

  4  such probation or community control or, in the case of

  5  conditional release, to the court that sentenced the offender

  6  to prison for the offense or offenses that resulted in the

  7  conditional release. Any committing magistrate may issue a

  8  warrant, upon the facts being made known to him or her by

  9  affidavit of one having knowledge of such facts, for the

10  arrest of the probationer, or offender, or conditional

11  releasee, returnable forthwith before the court granting such

12  probation or community control or, in the case of conditional

13  release, to the court that sentenced the offender to prison

14  for the offense or offenses that resulted in the conditional

15  release. Any parole or probation officer supervisor, any

16  officer authorized to serve criminal process, or any peace

17  officer of this state is authorized to serve and execute such

18  warrant. The court, upon the probationer, or offender, or

19  conditional releasee being brought before it, shall advise him

20  or her of such charge of violation and, if such charge is

21  admitted to be true, may forthwith revoke, modify, or continue

22  the probation, or community control, or conditional release

23  and may place the probationer into a community control

24  program. If probation or community control is revoked, the

25  court shall adjudge the probationer or offender guilty of the

26  offense charged and proven or admitted, unless he or she has

27  previously been adjudged guilty, and impose any sentence which

28  it might have originally imposed before placing the

29  probationer on probation or the offender into community

30  control. If conditional release is revoked, the offender shall

31  be returned to prison having forfeited, by reason of

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  1  misconduct, all gain-time earned up to the date of the release

  2  from the correctional system and placement on conditional

  3  release. If such violation of probation, or community control,

  4  or conditional release is not admitted by the probationer, or

  5  offender, or conditional releasee, the court may commit him or

  6  her or release him or her with or without bail to await

  7  further hearing, or it may dismiss the charge of probation, or

  8  community control, or conditional release violation. If such

  9  charge is not at that time admitted by the probationer, or

10  offender, or conditional releasee and if it is not dismissed,

11  the court, as soon as may be practicable, shall give the

12  probationer, or offender, or conditional releasee an

13  opportunity to be fully heard on his or her behalf in person

14  or by counsel. After such hearing, the court may revoke,

15  modify, or continue the probation, or community control, or

16  conditional release or place the probationer into community

17  control. If such probation or community control is revoked,

18  the court shall adjudge the probationer or offender guilty of

19  the offense charged and proven or admitted, unless he or she

20  has previously been adjudged guilty, and impose any sentence

21  which it might have originally imposed before placing the

22  probationer or offender on probation or into community

23  control. If conditional release is revoked, the offender shall

24  be returned to prison having forfeited, by reason of

25  misconduct, all gain-time earned up to the date of release

26  from the correctional system and placement on conditional

27  release.

28         (2)  When the supervision portion of a split sentence

29  is revoked and the offender had also been placed on mandatory

30  postprison probation, such revocation also constitutes a

31  sufficient basis for the revocation of the mandatory

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  1  postprison probation without further hearing or action from

  2  the court. If the period of postprison probation is revoked

  3  and the offender is returned to prison as a result of the

  4  revocation, the offender may be deemed to have forfeited, by

  5  reason of misconduct, all gain-time earned up to the date of

  6  release from the correctional system and placement into

  7  mandatory postprison probation. This does not deprive an

  8  offender of the ability to earn gain-time, as provided by law,

  9  from the date of return to prison.

10         (3)(2)(a)  When any state or local law enforcement

11  agency investigates or arrests a person for committing, or

12  attempting, soliciting, or conspiring to commit, a violation

13  of  s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 827.071,

14  s. 847.0133, s. 847.0135, or s. 847.0145, the law enforcement

15  agency shall contact the Department of Corrections to verify

16  whether the person under investigation or under arrest is on

17  probation, community control, parole, conditional release, or

18  control release.

19         (b)  If the law enforcement agency finds that the

20  person under investigation or under arrest is on probation,

21  community control, parole, conditional release, or control

22  release, the law enforcement agency shall immediately notify

23  the person's probation officer or release supervisor of the

24  investigation or the arrest.

25         (4)(3)  When the court imposes a subsequent term of

26  supervision following a revocation of probation or community

27  control, it shall not provide credit for time served while on

28  probation or community control toward any subsequent term of

29  probation or community control. However, the court may not

30  impose a subsequent term of probation or community control

31  which, when combined with any amount of time served on

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  1  preceding terms of probation or community control for offenses

  2  before the court for sentencing, would exceed the maximum

  3  penalty allowable as provided by s. 775.082. No part of the

  4  time that the defendant is on probation or in community

  5  control shall be considered as any part of the time that he or

  6  she shall be sentenced to serve.

  7         (5)(4)  Notwithstanding any other provision of this

  8  section, a probationer or an offender in community control who

  9  is arrested for violating his or her probation or community

10  control in a material respect may be taken before the court in

11  the county or circuit in which the probationer or offender was

12  arrested. That court shall advise him or her of such charge of

13  a violation and, if such charge is admitted, shall cause him

14  or her to be brought before the court which granted the

15  probation or community control. If such violation is not

16  admitted by the probationer or offender, the court may commit

17  him or her or release him or her with or without bail to await

18  further hearing. The court, as soon as is practicable, shall

19  give the probationer or offender an opportunity to be fully

20  heard on his or her 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 or her

24  attorney. The findings of fact by the hearing court are

25  binding on the court which granted the probation or community

26  control.  Upon the probationer or offender being brought

27  before it, the court which granted the probation or community

28  control may revoke, modify, or continue the probation or

29  community control or may place the probationer into community

30  control as provided in this section.

31

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  1         (6)(5)  In any hearing in which the failure of a

  2  probationer or offender in community control to pay

  3  restitution or the cost of supervision as provided in s.

  4  948.09, as directed, is established by the state, if the

  5  probationer or offender asserts his or her inability to pay

  6  restitution or the cost of supervision, it is incumbent upon

  7  the probationer or offender to prove by clear and convincing

  8  evidence that he or she does not have the present resources

  9  available to pay restitution or the cost of supervision

10  despite sufficient bona fide efforts legally to acquire the

11  resources to do so. If the probationer or offender cannot pay

12  restitution or the cost of supervision despite sufficient bona

13  fide efforts, the court shall consider alternate measures of

14  punishment other than imprisonment. Only if alternate measures

15  are not adequate to meet the state's interests in punishment

16  and deterrence may the court imprison a probationer or

17  offender in community control who has demonstrated sufficient

18  bona fide efforts to pay restitution or the cost of

19  supervision.

20         (7)(6)  Any parolee in a community control program who

21  has allegedly violated the terms and conditions of such

22  placement is subject to the provisions of ss. 947.22 and

23  947.23.

24         (8)(7)  Any provision of law to the contrary

25  notwithstanding, whenever probation, community control, or

26  control release, conditional release, or mandatory postprison

27  probation, or including the probationary, community control

28  portion of a split sentence, is violated and the probation or

29  community control is revoked, the offender, by reason of his

30  or her misconduct, shall be deemed to have forfeited all

31  gain-time or commutation of time for good conduct, as provided

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  1  by law, earned up to the date of his or her release on

  2  probation, community control, or control release. This

  3  subsection does not deprive the prisoner of his or her right

  4  to gain-time or commutation of time for good conduct, as

  5  provided by law, from the date on which the prisoner is

  6  returned to prison. However, if a prisoner is sentenced to

  7  incarceration following termination from a drug punishment

  8  program imposed as a condition of probation, the sentence may

  9  include incarceration without the possibility of gain-time or

10  early release for the period of time remaining in his or her

11  treatment program placement term.

12         (9)  Effective for persons released on conditional

13  release on or after July 1, 2000, or any person under

14  conditional release supervision on July 1, 2000, all

15  allegations of violation of conditional release shall be

16  presented and heard in the circuit court.  The offender shall

17  be afforded the due process afforded to offenders who are

18  alleged to have violated probation or community control. The

19  court has the authority to continue, modify, or revoke such

20  terms and conditions of conditional release as provided in

21  this section.

22         Section 94.  Paragraph (a) of subsection (1) and

23  subsections (3) and (6) of section 948.09, Florida Statutes,

24  are amended to read:

25         948.09  Payment for cost of supervision and

26  rehabilitation.--

27         (1)(a)1.  Any person ordered by the court, the

28  Department of Corrections, or the Parole Board commission to

29  be placed on probation, drug offender probation, community

30  control, parole, control release, provisional release

31  supervision, or conditional release supervision under chapter

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  1  944, chapter 945, chapter 947, chapter 948, or chapter 958, or

  2  in a pretrial intervention program, must, as a condition of

  3  any placement, pay the department a total sum of money equal

  4  to the total month or portion of a month of supervision times

  5  the court-ordered amount, but not to exceed the actual per

  6  diem cost of the supervision. The department shall adopt rules

  7  by which an offender who pays in full and in advance of

  8  regular termination of supervision may receive a reduction in

  9  the amount due. The rules shall incorporate provisions by

10  which the offender's ability to pay is linked to an

11  established written payment plan. Funds collected from felony

12  offenders may be used to offset costs of the Department of

13  Corrections associated with community supervision programs,

14  subject to appropriation by the Legislature.

15         2.  In addition to any other contribution or surcharge

16  imposed by this section, each felony offender assessed under

17  this paragraph shall pay a $2-per-month surcharge to the

18  department. The surcharge shall be deemed to be paid only

19  after the full amount of any monthly payment required by the

20  established written payment plan has been collected by the

21  department. These funds shall be used by the department to pay

22  for correctional probation officers' training and equipment,

23  including radios, and firearms training, firearms, and

24  attendant equipment necessary to train and equip officers who

25  choose to carry a concealed firearm while on duty. Nothing in

26  this subparagraph shall be construed to limit the department's

27  authority to determine who shall be authorized to carry a

28  concealed firearm while on duty, or to limit the right of a

29  correctional probation officer to carry a personal firearm

30  approved by the department.

31

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  1         (3)  Any failure to pay contribution as required under

  2  this section may constitute a ground for the revocation of

  3  probation by the court, the revocation of parole or

  4  conditional release by the Parole Board Commission, the

  5  revocation of control release by the Control Release

  6  Authority, or removal from the pretrial intervention program

  7  by the state attorney.  The Department of Corrections may

  8  exempt a person from the payment of all or any part of the

  9  contribution if it finds any of the following factors to

10  exist:

11         (a)  The offender has diligently attempted, but has

12  been unable, to obtain employment which provides him or her

13  sufficient income to make such payments.

14         (b)  The offender is a student in a school, college,

15  university, or course of vocational or technical training

16  designed to fit the student for gainful employment.

17  Certification of such student status shall be supplied to the

18  Secretary of Corrections by the educational institution in

19  which the offender is enrolled.

20         (c)  The offender has an employment handicap, as

21  determined by a physical, psychological, or psychiatric

22  examination acceptable to, or ordered by, the secretary.

23         (d)  The offender's age prevents him or her from

24  obtaining employment.

25         (e)  The offender is responsible for the support of

26  dependents, and the payment of such contribution constitutes

27  an undue hardship on the offender.

28         (f)  The offender has been transferred outside the

29  state under an interstate compact adopted pursuant to chapter

30  949.

31

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  1         (g)  There are other extenuating circumstances, as

  2  determined by the secretary.

  3         (6)  In addition to any other required contributions,

  4  the department, at its discretion, may require offenders under

  5  any form of supervision to submit to and pay for urinalysis

  6  testing to identify drug usage as part of the rehabilitation

  7  program.  Any failure to make such payment, or participate,

  8  may be considered a ground for revocation by the court, the

  9  Parole Board Commission, or the Control Release Authority, or

10  for removal from the pretrial intervention program by the

11  state attorney.  The department may exempt a person from such

12  payment if it determines that any of the factors specified in

13  subsection (3) exist.

14         Section 95.  Subsection (1) of section 948.10, Florida

15  Statutes, is amended to read:

16         948.10  Community control programs.--

17         (1)  The Department of Corrections shall develop and

18  administer a community control program.  Such community

19  control program and required manuals shall be developed in

20  consultation with the Florida Conference of Circuit Court

21  Judges and the office of the State Courts Administrator.  This

22  complementary program shall be rigidly structured and designed

23  to accommodate offenders who, in the absence of such a

24  program, would have been incarcerated. The program shall focus

25  on the provision of sanctions and consequences which are

26  commensurate with the seriousness of the crime.  The program

27  shall offer the courts and the Parole Board Commission an

28  alternative, community-based method to punish an offender in

29  lieu of incarceration when the offender is a member of one of

30  the following target groups:

31

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  1         (a)  Probation violators charged with technical

  2  violations or misdemeanor violations.

  3         (b)  Parole violators charged with technical violations

  4  or misdemeanor violations.

  5         (c)  Individuals found guilty of felonies, who, due to

  6  their criminal backgrounds or the seriousness of the offenses,

  7  would not be placed on regular probation.

  8         Section 96.  Subsection (2) of section 949.05, Florida

  9  Statutes, is amended to read:

10         949.05  Constitutionality.--

11         (2)  If the method of selecting the Parole Board

12  commission members as herein provided is found to be invalid

13  by reason of the vesting of the appointing power in the

14  Governor and the Cabinet, the members of the Parole Board

15  Commission herein provided for shall be appointed by the

16  Governor.

17         Section 97.  Subsection (6) of section 957.06, Florida

18  Statutes, is amended to read:

19         957.06  Powers and duties not delegable to

20  contractor.--A contract entered into under this chapter does

21  not authorize, allow, or imply a delegation of authority to

22  the contractor to:

23         (6)  Make recommendations to the Parole Board

24  Commission with respect to the denial or granting of parole,

25  control release, conditional release, or conditional medical

26  release. However, the contractor may submit written reports to

27  the Parole Board Commission and must respond to a written

28  request by the Parole Board Commission for information.

29         Section 98.  Paragraph (c) of subsection (8) of section

30  958.045, Florida Statutes, is amended to read:

31         958.045  Youthful offender basic training program.--

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  1         (8)

  2         (c)  The department shall work cooperatively with the

  3  Control Release Authority or the Parole Board Commission to

  4  effect the release of an offender who has successfully

  5  completed the requirements of the basic training program.

  6         Section 99.  Subsection (1) of section 960.001, Florida

  7  Statutes, is amended to read:

  8         960.001  Guidelines for fair treatment of victims and

  9  witnesses in the criminal justice and juvenile justice

10  systems.--

11         (1)  The Department of Legal Affairs, the state

12  attorneys, the Department of Corrections, the Department of

13  Juvenile Justice, the Parole Board Commission, the State

14  Courts Administrator and circuit court administrators, the

15  Department of Law Enforcement, and every sheriff's department,

16  police department, or other law enforcement agency as defined

17  in s. 943.10(4) shall develop and implement guidelines for the

18  use of their respective agencies, which guidelines are

19  consistent with the purposes of this act and s. 16(b), Art. I

20  of the State Constitution and are designed to implement the

21  provisions of s. 16(b), Art. I of the State Constitution and

22  to achieve the following objectives:

23         (a)  Information concerning services available to

24  victims of adult and juvenile crime.--Witness coordination

25  offices as provided in s. 43.35 shall gather information

26  regarding the following services in the geographic boundaries

27  of their respective circuits and shall provide such

28  information to each law enforcement agency with jurisdiction

29  within such geographic boundaries.  Law enforcement personnel

30  shall ensure, through distribution of a victim's rights

31  information card or brochure at the crime scene, during the

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  1  criminal investigation, and in any other appropriate manner,

  2  that victims are given, as a matter of course at the earliest

  3  possible time, information about:

  4         1.  The availability of crime victim compensation, when

  5  applicable;

  6         2.  Crisis intervention services, supportive or

  7  bereavement counseling, social service support referrals, and

  8  community-based victim treatment programs;

  9         3.  The role of the victim in the criminal or juvenile

10  justice process, including what the victim may expect from the

11  system as well as what the system expects from the victim;

12         4.  The stages in the criminal or juvenile justice

13  process which are of significance to the victim and the manner

14  in which information about such stages can be obtained;

15         5.  The right of a victim, who is not incarcerated,

16  including the next of kin of a homicide victim, to be

17  informed, to be present, and to be heard when relevant, at all

18  crucial stages of a criminal or juvenile proceeding, to the

19  extent that this right does not interfere with constitutional

20  rights of the accused, as provided by s. 16(b), Art. I of the

21  State Constitution;

22         6.  In the case of incarcerated victims, the right to

23  be informed and to submit written statements at all crucial

24  stages of the criminal proceedings, parole proceedings, or

25  juvenile proceedings; and

26         7.  The right of a victim to a prompt and timely

27  disposition of the case in order to minimize the period during

28  which the victim must endure the responsibilities and stress

29  involved to the extent that this right does not interfere with

30  the constitutional rights of the accused.

31

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  1         (b)  Information for purposes of notifying victim or

  2  appropriate next of kin of victim or other designated contact

  3  of victim.--In the case of a homicide, pursuant to chapter

  4  782; or a sexual offense, pursuant to chapter 794; or an

  5  attempted murder or sexual offense, pursuant to chapter 777;

  6  or stalking, pursuant to s. 784.048; or domestic violence,

  7  pursuant to s. 25.385:

  8         1.  The arresting law enforcement officer or personnel

  9  of an organization that provides assistance to a victim or to

10  the appropriate next of kin of the victim or other designated

11  contact must request that the victim or appropriate next of

12  kin of the victim or other designated contact complete a

13  victim notification card.  However, the victim or appropriate

14  next of kin of the victim or other designated contact may

15  choose not to complete the victim notification card.

16         2.  Unless the victim or the appropriate next of kin of

17  the victim or other designated contact waives the option to

18  complete the victim notification card, a copy of the victim

19  notification card must be filed with the incident report or

20  warrant in the sheriff's office of the jurisdiction in which

21  the incident report or warrant originated. The notification

22  card shall, at a minimum, consist of:

23         a.  The name, address, and phone number of the victim;

24  or

25         b.  The name, address, and phone number of the

26  appropriate next of kin of the victim; or

27         c.  The name, address, and phone number of a designated

28  contact other than the victim or appropriate next of kin of

29  the victim; and

30         d.  Any relevant identification or case numbers

31  assigned to the case.

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  1         3.  The chief administrator, or a person designated by

  2  the chief administrator, of a county jail, municipal jail,

  3  juvenile detention facility, or residential commitment

  4  facility shall make a reasonable attempt to notify the alleged

  5  victim or appropriate next of kin of the alleged victim or

  6  other designated contact within 4 hours following the release

  7  of the defendant on bail or, in the case of a juvenile

  8  offender, upon the release from residential detention or

  9  commitment.  If the chief administrator, or designee, is

10  unable to contact the alleged victim or appropriate next of

11  kin of the alleged victim or other designated contact by

12  telephone, the chief administrator, or designee, must send to

13  the alleged victim or appropriate next of kin of the alleged

14  victim or other designated contact a written notification of

15  the defendant's release.

16         4.  Unless otherwise requested by the victim or the

17  appropriate next of kin of the victim or other designated

18  contact, the information contained on the victim notification

19  card must be sent by the chief administrator, or designee, of

20  the appropriate facility to the subsequent correctional or

21  residential commitment facility following the sentencing and

22  incarceration of the defendant, and unless otherwise requested

23  by the victim or the appropriate next of kin of the victim or

24  other designated contact, he or she must be notified of the

25  release of the defendant from incarceration as provided by

26  law.

27         5.  If the defendant was arrested pursuant to a warrant

28  issued or taken into custody pursuant to s. 985.207 in a

29  jurisdiction other than the jurisdiction in which the

30  defendant is being released, and the alleged victim or

31  appropriate next of kin of the alleged victim or other

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  1  designated contact does not waive the option for notification

  2  of release, the chief correctional officer or chief

  3  administrator of the facility releasing the defendant shall

  4  make a reasonable attempt to immediately notify the chief

  5  correctional officer of the jurisdiction in which the warrant

  6  was issued or the juvenile was taken into custody pursuant to

  7  s. 985.207, and the chief correctional officer of that

  8  jurisdiction shall make a reasonable attempt to notify the

  9  alleged victim or appropriate next of kin of the alleged

10  victim or other designated contact, as provided in this

11  paragraph, that the defendant has been or will be released.

12         (c)  Information concerning protection available to

13  victim or witness.--A victim or witness shall be furnished, as

14  a matter of course, with information on steps that are

15  available to law enforcement officers and state attorneys to

16  protect victims and witnesses from intimidation.

17         (d)  Notification of scheduling changes.--Each victim

18  or witness who has been scheduled to attend a criminal or

19  juvenile justice proceeding shall be notified as soon as

20  possible by the agency scheduling his or her appearance of any

21  change in scheduling which will affect his or her appearance.

22         (e)  Advance notification to victim or relative of

23  victim concerning judicial proceedings; right to be

24  present.--Any victim, relative of a minor who is a victim, or

25  relative of a homicide victim shall receive from the

26  appropriate agency, at the address found in the police report

27  or the victim notification card if such has been provided to

28  the agency, prompt advance notification, unless the agency

29  itself does not have advance notification, of judicial and

30  postjudicial proceedings relating to his or her case,

31  including all proceedings or hearings relating to:

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  1         1.  The arrest of an accused;

  2         2.  The release of the accused pending judicial

  3  proceedings or any modification of release conditions; and

  4         3.  Proceedings in the prosecution or petition for

  5  delinquency of the accused, including the filing of the

  6  accusatory instrument, the arraignment, disposition of the

  7  accusatory instrument, trial or adjudicatory hearing,

  8  sentencing or disposition hearing, appellate review,

  9  subsequent modification of sentence, collateral attack of a

10  judgment, and, when a term of imprisonment, detention, or

11  residential commitment is imposed, the release of the

12  defendant or juvenile offender from such imprisonment,

13  detention, or residential commitment by expiration of sentence

14  or parole and any meeting held to consider such release.

15

16  A victim or a victim's next of kin may not be excluded from

17  any portion of any hearing, trial, or proceeding pertaining to

18  the offense based solely on the fact that such person is

19  subpoenaed to testify, unless, upon motion, the court

20  determines such person's presence to be prejudicial.  The

21  appropriate agency with respect to notification under

22  subparagraph 1. is the arresting law enforcement agency, and

23  the appropriate agency with respect to notification under

24  subparagraphs 2. and 3. is the Attorney General or state

25  attorney, unless the notification relates to a hearing

26  concerning parole, in which case the appropriate agency is the

27  Parole Board Commission.  The Department of Corrections, the

28  Department of Juvenile Justice, or the sheriff is the

29  appropriate agency with respect to release by expiration of

30  sentence or any other release program provided by law.  Any

31

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  1  victim may waive notification at any time, and such waiver

  2  shall be noted in the agency's files.

  3         (f)  Information concerning release from incarceration

  4  from a county jail, municipal jail, juvenile detention

  5  facility, or residential commitment facility.--The chief

  6  administrator, or a person designated by the chief

  7  administrator, of a county jail, municipal jail, juvenile

  8  detention facility, or residential commitment facility shall,

  9  upon the request of the victim or the appropriate next of kin

10  of a victim or other designated contact of the victim of any

11  of the crimes specified in paragraph (b), make a reasonable

12  attempt to notify the victim or appropriate next of kin of the

13  victim or other designated contact prior to the defendant's or

14  offender's release from incarceration, detention, or

15  residential commitment if the victim notification card has

16  been provided pursuant to paragraph (b).  If prior

17  notification is not successful, a reasonable attempt must be

18  made to notify the victim or appropriate next of kin of the

19  victim or other designated contact within 4 hours following

20  the release of the defendant or offender from incarceration,

21  detention, or residential commitment.  If the defendant is

22  released following sentencing, disposition, or furlough, the

23  chief administrator or designee shall make a reasonable

24  attempt to notify the victim or the appropriate next of kin of

25  the victim or other designated contact within 4 hours

26  following the release of the defendant.  If the chief

27  administrator or designee is unable to contact the victim or

28  appropriate next of kin of the victim or other designated

29  contact by telephone, the chief administrator or designee must

30  send to the victim or appropriate next of kin of the victim or

31

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  1  other designated contact a written notification of the

  2  defendant's or offender's release.

  3         (g)1.  Consultation with victim or guardian or family

  4  of victim.--In addition to being notified of the provisions of

  5  s. 921.143, the victim of a felony involving physical or

  6  emotional injury or trauma or, in a case in which the victim

  7  is a minor child or in a homicide, the guardian or family of

  8  the victim shall be consulted by the state attorney in order

  9  to obtain the views of the victim or family about the

10  disposition of any criminal or juvenile case brought as a

11  result of such crime, including the views of the victim or

12  family about:

13         a.  The release of the accused pending judicial

14  proceedings;

15         b.  Plea agreements;

16         c.  Participation in pretrial diversion programs; and

17         d.  Sentencing of the accused.

18         2.  Upon request, the state attorney shall permit the

19  victim, the victim's parent or guardian if the victim is a

20  minor, or the victim's next of kin in the case of a homicide

21  to review a copy of the presentence investigation report prior

22  to the sentencing hearing if one was completed. Any

23  confidential information that pertains to medical history,

24  mental health, or substance abuse and any information that

25  pertains to any other victim shall be redacted from the copy

26  of the report. Any person who reviews the report pursuant to

27  this paragraph must maintain the confidentiality of the report

28  and shall not disclose its contents to any person except

29  statements made to the state attorney or the court.

30         (h)  Return of property to victim.--Law enforcement

31  agencies and the state attorney shall promptly return a

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  1  victim's property held for evidentiary purposes unless there

  2  is a compelling law enforcement reason for retaining it.  The

  3  trial or juvenile court exercising jurisdiction over the

  4  criminal or juvenile proceeding may enter appropriate orders

  5  to implement the provisions of this subsection, including

  6  allowing photographs of the victim's property to be used as

  7  evidence at the criminal trial or the juvenile proceeding in

  8  place of the victim's property when no substantial evidentiary

  9  issue related thereto is in dispute.

10         (i)  Notification to employer and explanation to

11  creditors of victim or witness.--A victim or witness who so

12  requests shall be assisted by law enforcement agencies and the

13  state attorney in informing his or her employer that the need

14  for victim and witness cooperation in the prosecution of the

15  case may necessitate the absence of that victim or witness

16  from work. A victim or witness who, as a direct result of a

17  crime or of his or her cooperation with law enforcement

18  agencies or a state attorney, is subjected to serious

19  financial strain shall be assisted by such agencies and state

20  attorney in explaining to the creditors of such victim or

21  witness the reason for such serious financial strain.

22         (j)  Notification of right to request restitution.--Law

23  enforcement agencies and the state attorney shall inform the

24  victim of the victim's right to request and receive

25  restitution pursuant to s. 775.089 or s. 985.231(1)(a)1., and

26  of the victim's rights of enforcement under ss. 775.089(6) and

27  985.201 in the event an offender does not comply with a

28  restitution order. The state attorney shall seek the

29  assistance of the victim in the documentation of the victim's

30  losses for the purpose of requesting and receiving

31

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  1  restitution. In addition, the state attorney shall inform the

  2  victim if and when restitution is ordered.

  3         (k)  Notification of right to submit impact

  4  statement.--The state attorney shall inform the victim of the

  5  victim's right to submit an oral or written impact statement

  6  pursuant to s. 921.143 and shall assist in the preparation of

  7  such statement if necessary.

  8         (l)  Local witness coordinating office.--The

  9  requirements for notification provided for in paragraphs (b),

10  (d), (f), and (i) may be performed by the local witness

11  coordinating office established by s. 43.35, as appropriate.

12         (m)  Victim assistance education and training.--Victim

13  assistance education and training shall be offered to persons

14  taking courses at law enforcement training facilities and to

15  state attorneys and assistant state attorneys so that victims

16  may be promptly, properly, and completely assisted.

17         (n)  General victim assistance.--Victims and witnesses

18  shall be provided with such other assistance, such as

19  transportation, parking, separate pretrial waiting areas, and

20  translator services in attending court, as is practicable.

21         (o)  Victim's rights information card or brochure.--A

22  victim of a crime shall be provided with a victim's rights

23  information card or brochure containing essential information

24  concerning the rights of a victim and services available to a

25  victim as required by state law.

26         (p)  Information concerning escape from a state

27  correctional institution, county jail, juvenile detention

28  facility, or residential commitment facility.--In any case

29  where an offender escapes from a state correctional

30  institution, private correctional facility, county jail,

31  juvenile detention facility, or residential commitment

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  1  facility, the institution of confinement shall immediately

  2  notify the state attorney of the jurisdiction where the

  3  criminal charge or petition for delinquency arose and the

  4  judge who imposed the sentence of incarceration.  The state

  5  attorney shall thereupon make every effort to notify the

  6  victim, material witness, parents or legal guardian of a minor

  7  who is a victim or witness, or immediate relatives of a

  8  homicide victim of the escapee.  The state attorney shall also

  9  notify the sheriff of the county where the criminal charge or

10  petition for delinquency arose.  The sheriff shall offer

11  assistance upon request. When an escaped offender is

12  subsequently captured or is captured and returned to the

13  institution of confinement, the institution of confinement

14  shall again immediately notify the appropriate state attorney

15  and sentencing judge pursuant to this section.

16         (q)  Presence of victim advocate during discovery

17  deposition.--At the request of the victim, the victim advocate

18  designated by state attorney's office, sheriff's office, or

19  municipal police department, or one representative from a

20  not-for-profit victim services organization, including, but

21  not limited to, rape crisis centers, domestic violence

22  advocacy groups, and alcohol abuse or substance abuse groups

23  shall be permitted to attend and be present during any

24  deposition of the victim.

25         (r)  Implementing crime prevention in order to protect

26  the safety of persons and property, as prescribed in the State

27  Comprehensive Plan.--By preventing crimes that create victims

28  or further harm former victims, crime prevention efforts are

29  an essential part of providing effective service for victims

30  and witnesses. Therefore, the agencies identified in this

31  subsection may participate in and expend funds for crime

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  1  prevention, public awareness, public participation, and

  2  educational activities directly relating to, and in

  3  furtherance of, existing public safety statutes. Furthermore,

  4  funds may not be expended for the purpose of influencing

  5  public opinion on public policy issues that have not been

  6  resolved by the Legislature or the electorate.

  7         Section 100.  Subsection (3) of section 960.17, Florida

  8  Statutes, is amended to read:

  9         960.17  Award constitutes debt owed to state.--

10         (3)  The Parole Board Commission shall make the payment

11  of the debt to the state a condition of parole under chapter

12  947, unless the board commission finds reasons to the

13  contrary.  If the board commission does not order payment, or

14  orders only partial payment, it shall state on the record the

15  reasons therefor.

16         Section 101.  Paragraph (a) of subsection (3) of

17  section 985.04, Florida Statutes, is amended to read:

18         985.04  Oaths; records; confidential information.--

19         (3)(a)  Except as provided in subsections (2), (4),

20  (5), and (6), and s. 943.053, all information obtained under

21  this part in the discharge of official duty by any judge, any

22  employee of the court, any authorized agent of the Department

23  of Juvenile Justice, the Parole Board Commission, the Juvenile

24  Justice Accountability Board, the Department of Corrections,

25  the district juvenile justice boards, any law enforcement

26  agent, or any licensed professional or licensed community

27  agency representative participating in the assessment or

28  treatment of a juvenile is confidential and may be disclosed

29  only to the authorized personnel of the court, the Department

30  of Juvenile Justice and its designees, the Department of

31  Corrections, the Parole Board Commission, the Juvenile Justice

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  1  Accountability Board, law enforcement agents, school

  2  superintendents and their designees, any licensed professional

  3  or licensed community agency representative participating in

  4  the assessment or treatment of a juvenile, and others entitled

  5  under this chapter to receive that information, or upon order

  6  of the court. Within each county, the sheriff, the chiefs of

  7  police, the district school superintendent, and the department

  8  shall enter into an interagency agreement for the purpose of

  9  sharing information about juvenile offenders among all

10  parties. The agreement must specify the conditions under which

11  summary criminal history information is to be made available

12  to appropriate school personnel, and the conditions under

13  which school records are to be made available to appropriate

14  department personnel. Such agreement shall require

15  notification to any classroom teacher of assignment to the

16  teacher's classroom of a juvenile who has been placed in a

17  community control or commitment program for a felony offense.

18  The agencies entering into such agreement must comply with s.

19  943.0525, and must maintain the confidentiality of information

20  that is otherwise exempt from s. 119.07(1), as provided by

21  law.

22         Section 102.  Subsection (2) of section 985.05, Florida

23  Statutes, is amended to read:

24         985.05  Court records.--

25         (2)  The clerk shall keep all official records required

26  by this section separate from other records of the circuit

27  court, except those records pertaining to motor vehicle

28  violations, which shall be forwarded to the Department of

29  Highway Safety and Motor Vehicles. Except as provided in ss.

30  943.053 and 985.04(4), official records required by this part

31  are not open to inspection by the public, but may be inspected

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  1  only upon order of the court by persons deemed by the court to

  2  have a proper interest therein, except that a child and the

  3  parents, guardians, or legal custodians of the child and their

  4  attorneys, law enforcement agencies, the Department of

  5  Juvenile Justice and its designees, the Parole Board

  6  Commission, and the Department of Corrections shall always

  7  have the right to inspect and copy any official record

  8  pertaining to the child. The court may permit authorized

  9  representatives of recognized organizations compiling

10  statistics for proper purposes to inspect, and make abstracts

11  from, official records under whatever conditions upon the use

12  and disposition of such records the court may deem proper and

13  may punish by contempt proceedings any violation of those

14  conditions.

15         Section 103.  Sections 947.135 and 958.15, Florida

16  Statutes, are repealed.

17         Section 104.  This act shall take effect July 1, 2000.

18

19

20

21

22

23

24

25

26

27

28

29

30

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Creates the "Mandatory Postprison Supervision Act of
  4    2000." Deletes the Parole Commission from the definition
      of "state agency" for purposes of agency inspectors
  5    general, the Florida State Comprehensive Planning Act of
      1972, and the Florida Building and Facilities Act.
  6    Renames the Parole Commission as the Parole Board.
      Requires court-ordered mandatory postprison probation for
  7    certain offenders. Removes administrative
      responsibilities from the board and provides for certain
  8    administrative support to the board by the Department of
      Corrections. Requires bills for board members' travel
  9    expenses to be submitted to the department. Authorizes
      reimbursement for per diem and travel expenses for
10    members of the parole qualifications committee.

11
      Requires the Department of Juvenile Justice to cooperate
12    with the board in certain investigations. Provides
      responsibilities of the department with regard to the
13    conditional release program. Requires the board to review
      department recommendations.
14

15    Revises provisions relating to mandatory curfews for
      persons under conditional release supervision. Provides
16    for court-ordered electronic monitoring of persons under
      conditional release supervision. Provides conditions for
17    revocation of conditional release and mandatory
      postprison probation, and forfeiture of gain-time.
18    Prohibits placing offenders on conditional release
      supervision for convictions with offense dates on or
19    after July 1, 2000. Provides a timeframe for
      applicability of s. 947.141, F.S., to violations of
20    conditional release. Provides circumstances for certain
      hearings in circuit courts. Requires court-ordered
21    mandatory postprison probation for certain defendants.
      Revises terms and conditions of probation and community
22    control to require court-ordered mandatory postprison
      probation for certain defendants. Specifies conditions of
23    supervision. Provides for calculation of date of
      termination of postprison probation. Authorizes the court
24    to impose a split sentence in addition to postprison
      probation. Revises provisions relating to violation of
25    probation and community control to include violations of
      conditional release. Provides circumstances for
26    revocation of conditional release and postprison
      probation and forfeiture of gain-time under certain
27    circumstances. Provides circumstances for certain
      hearings in circuit courts. Authorizes the court to
28    continue, modify, or revoke terms and conditions of
      conditional release.
29

30    Repeals the Mutual Participation Program Act of 1976.

31
      See bill for details.
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