HOUSE AMENDMENT
                                                   Bill No. HB 245   Barcode 072503
    Amendment No. 01 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Crime Prevention, Corrections & Safety
12  offered the following:
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14         Amendment (with title amendment) 
15         On page 2, line 6,
16  remove from the bill:  everything after the enacting clause
17  
18  and insert in lieu thereof:  
19         Section 1.  This act may be cited as the "Parole
20  Commission Reform Act of 2001."
21         Section 2.  Paragraph (a) of subsection (1) of section
22  20.055, Florida Statutes, is amended to read:
23         20.055  Agency inspectors general.--
24         (1)  For the purposes of this section:
25         (a)  "State agency" means each department created
26  pursuant to this chapter, and also includes the Executive
27  Office of the Governor, the Department of Military Affairs,
28  the Parole Commission, the Board of Regents, the Fish and
29  Wildlife Conservation Commission, the Public Service
30  Commission, and the state courts system.
31         Section 3.  Subsections (1) and (3) of section 944.605,
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    File original & 9 copies    02/07/01                          
    hcp0006                     09:07 am         00245-cpcs-072503

HOUSE AMENDMENT Bill No. HB 245 Barcode 072503 Amendment No. 01 (for drafter's use only) 1 Florida Statutes, are amended, and subsections (5) and (6) are 2 added to said section, to read: 3 944.605 Inmate release; notification.-- 4 (1) Within 6 months before the release of an inmate 5 from the custody of the Department of Corrections or a private 6 correctional facility by expiration of sentence under s. 7 944.275, any release program provided by law, or parole under 8 chapter 947, or as soon as possible if the offender is 9 released earlier than anticipated, notification of such 10 anticipated release date shall be made known by the Department 11 of Corrections appropriate agency to the chief judge of the 12 circuit in which the offender was sentenced, the appropriate 13 state attorney, the original arresting law enforcement agency, 14 the Department of Law Enforcement, and the sheriff as chief 15 law enforcement officer of the county in which the inmate 16 plans to reside. In addition, unless otherwise requested by 17 the victim or the personal representative of the victim, the 18 state attorney or, the Department of Corrections, the Control 19 Release Authority, or the Parole Commission, whichever is 20 appropriate, shall notify such person within 6 months before 21 the inmate's release, or as soon as possible if the offender 22 is released earlier than anticipated, when the name and 23 address of such victim or representative of the victim has 24 been furnished to the agency. The state attorney shall 25 provide the latest address documented for the victim to the 26 sheriff with the other documents required by law for the 27 delivery of inmates to those agencies for service of sentence. 28 For the purposes of this section, the Parole Commission or the 29 Control Release Authority is the appropriate agency for any 30 type of release it grants, and the Department of Corrections 31 is the appropriate agency for any type of release it 2 File original & 9 copies 02/07/01 hcp0006 09:07 am 00245-cpcs-072503
HOUSE AMENDMENT Bill No. HB 245 Barcode 072503 Amendment No. 01 (for drafter's use only) 1 authorizes. This section does not imply any repeal or 2 modification of any provision of law relating to notification 3 of victims. 4 (3) If an inmate is to be released after having served 5 one or more sentences for a conviction of robbery, sexual 6 battery, home-invasion robbery, or carjacking, or an inmate to 7 be released has a prior conviction for robbery, sexual 8 battery, home-invasion robbery, or carjacking or similar 9 offense, in this state or in another jurisdiction, and if such 10 prior conviction information is contained in department 11 records, the department appropriate releasing agency shall 12 release to the sheriff of the county in which the inmate plans 13 to reside, and, if the inmate plans to reside within a 14 municipality, to the chief of police of that municipality, the 15 following information, which must include, but need not be 16 limited to: 17 (a) Name; 18 (b) Social security number; 19 (c) Date of birth; 20 (d) Race; 21 (e) Sex; 22 (f) Height; 23 (g) Weight; 24 (h) Hair and eye color; 25 (i) Tattoos or other identifying marks; 26 (j) Fingerprints; and 27 (k) A digitized photograph as provided in subsection 28 (2). 29 30 The department, the Parole Commission, or the Control Release 31 Authority shall release the information specified in this 3 File original & 9 copies 02/07/01 hcp0006 09:07 am 00245-cpcs-072503
HOUSE AMENDMENT Bill No. HB 245 Barcode 072503 Amendment No. 01 (for drafter's use only) 1 subsection within 6 months prior to the discharge of the 2 inmate from the custody of the department. 3 (5) The department shall, at least 10 days before the 4 anticipated date of release on work release of an inmate, 5 notify in writing the county law enforcement agency in the 6 county in this state in which the inmate is scheduled to be 7 released. 8 (6) Upon request of the victim, or the personal 9 representative of the victim, or the state attorney, the 10 department shall notify the requesting person, when an inmate 11 has been approved for community work release within 30 days of 12 the date of approval. 13 Section 4. Subsection (4) of section 947.04, Florida 14 Statutes, is amended to read: 15 947.04 Organization of commission; officers; 16 offices.-- 17 (4) The commission may establish and maintain field 18 offices within existing administration buildings at facilities 19 and institutions operated by the department in centrally and 20 conveniently located places in Florida. Headquarters shall be 21 located in Tallahassee. The business of the commission shall 22 be transacted anywhere in the state as provided in s. 947.06. 23 The commission shall keep its official records and papers at 24 the headquarters, which it shall furnish and equip. 25 Section 5. Paragraph (c) of subsection (2), and (3), 26 (5), (6), and (7) of section 947.1405, Florida Statutes, are 27 amended and subsection (9) is added to said section to read: 28 947.1405 Conditional release program.-- 29 (2) Any inmate who: 30 (c) Is found to be a sexual predator under s. 775.21 31 or former s. 775.23, 4 File original & 9 copies 02/07/01 hcp0006 09:07 am 00245-cpcs-072503
HOUSE AMENDMENT Bill No. HB 245 Barcode 072503 Amendment No. 01 (for drafter's use only) 1 2 shall, upon reaching the tentative release date or provisional 3 release date, whichever is earlier, as established by the 4 Department of Corrections, be released under supervision 5 subject to specified terms and conditions, including payment 6 of the cost of supervision pursuant to s. 948.09. Such 7 supervision shall be applicable to all sentences within the 8 overall term of sentences if an inmate's overall term of 9 sentences includes one or more sentences that are eligible for 10 conditional release supervision as provided herein. Effective 11 July 1, 1994, and applicable for offenses committed on or 12 after that date, the commission may require, as a condition of 13 conditional release, that the releasee make payment of the 14 debt due and owing to a county or municipal detention facility 15 under s. 951.032 for medical care, treatment, hospitalization, 16 or transportation received by the releasee while in that 17 detention facility. The commission, in determining whether to 18 order such repayment and the amount of such repayment, shall 19 consider the amount of the debt, whether there was any fault 20 of the institution for the medical expenses incurred, the 21 financial resources of the releasee, the present and potential 22 future financial needs and earning ability of the releasee, 23 and dependents, and other appropriate factors. If any inmate 24 placed on conditional release supervision is also subject to 25 probation or community control, resulting from a probationary 26 or community control split sentence within the overall term of 27 sentences, the Department of Corrections shall supervise such 28 person according to the conditions imposed by the court, and 29 the Commission shall defer to such supervision. If the court 30 revokes probation or community control, and resentences the 31 offender to a term of incarceration, such revocation also 5 File original & 9 copies 02/07/01 hcp0006 09:07 am 00245-cpcs-072503
HOUSE AMENDMENT Bill No. HB 245 Barcode 072503 Amendment No. 01 (for drafter's use only) 1 constitutes a sufficient basis for the revocation of the 2 conditional release supervision on any nonprobationary or 3 noncommunity control sentence, without further hearing by the 4 Commission. If any such supervision on any nonprobationary or 5 noncommunity control sentence is revoked, such revocation may 6 result in a forfeiture of all gain-time, and the Commission 7 may revoke the resulting deferred conditional release 8 supervision or take other action it considers appropriate. If 9 the term of conditional release supervision exceeds that of 10 the probation or community control, then upon expiration of 11 the probation or community control, authority for the 12 supervision shall revert to the Commission, and the 13 supervision shall be subject to the conditions of the 14 Commission. If an inmate has received a term of probation or 15 community control supervision to be served after release from 16 incarceration, the period of probation or community control 17 must be substituted for the conditional release supervision. 18 A panel of no fewer than two commissioners shall establish the 19 terms and conditions of any such release. If the offense was a 20 controlled substance violation, the conditions shall include a 21 requirement that the offender submit to random substance abuse 22 testing intermittently throughout the term of conditional 23 release supervision, upon the direction of the correctional 24 probation officer as defined in s. 943.10(3). The commission 25 shall 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. (3) As part of the 28 conditional release process, the commission, through review 29 and consideration of information provided by the department, 30 shall determine: 31 (a) The amount of reparation or restitution. 6 File original & 9 copies 02/07/01 hcp0006 09:07 am 00245-cpcs-072503
HOUSE AMENDMENT Bill No. HB 245 Barcode 072503 Amendment No. 01 (for drafter's use only) 1 (b) The consequences of the offense as reported by the 2 aggrieved party. 3 (c) The aggrieved party's fear of the inmate or 4 concerns about the release of the inmate. 5 (5) Within 180 days prior to the tentative release 6 date or provisional release date, whichever is earlier, a 7 representative of the department commission shall interview 8 the inmate. The commission representative shall review the 9 inmate's program participation, disciplinary record, 10 psychological and medical records, criminal records, and any 11 other information pertinent to the impending release. The 12 department shall gather and compile information necessary for 13 the commission to make the determinations set forth in 14 subsection (3). A department commission representative shall 15 conduct a personal interview with the inmate for the purpose 16 of determining the details of the inmate's release plan, 17 including the inmate's planned residence and employment. The 18 department representative shall forward the inmate's release 19 plan to the commission and recommend to the commission the 20 terms and conditions of the conditional release. The results 21 of the interview must be forwarded to the commission in 22 writing. 23 (6) The Upon receipt of notice as required under s. 24 947.175, the commission shall review the recommendations of 25 the department and such other information as it deems 26 relevant, and may conduct a review of the inmate's record for 27 the purpose of establishing the terms and conditions of the 28 conditional release. The commission may impose any special 29 conditions it considers warranted from its review of the 30 release plan and recommendation record. If the commission 31 determines that the inmate is eligible for release under this 7 File original & 9 copies 02/07/01 hcp0006 09:07 am 00245-cpcs-072503
HOUSE AMENDMENT Bill No. HB 245 Barcode 072503 Amendment No. 01 (for drafter's use only) 1 section, the commission shall enter an order establishing the 2 length of supervision and the conditions attendant thereto. 3 However, an inmate who has been convicted of a violation of 4 chapter 794 or found by the court to be a sexual predator is 5 subject to the maximum level of supervision provided, with the 6 mandatory conditions as required in subsection (7), and that 7 supervision shall continue through the end of the releasee's 8 original court-imposed sentence. The length of supervision 9 must not exceed the maximum penalty imposed by the court. 10 (7)(a) Any inmate who is convicted of a crime 11 committed on or after October 1, 1995, or who has been 12 previously convicted of a crime committed on or after October 13 1, 1995, in violation of chapter 794, s. 800.04, s. 827.071, 14 or s. 847.0145, and is subject to conditional release 15 supervision, shall have, in addition to any other conditions 16 imposed, the following special conditions imposed by the 17 commission: 18 1. A mandatory curfew from 10 p.m. to 6 a.m. The 19 commission court may designate another 8-hour period if the 20 offender's employment precludes the above specified time, and 21 such alternative is recommended by the Department of 22 Corrections. If the commission court determines that imposing 23 a curfew would endanger the victim, the commission court may 24 consider alternative sanctions. 25 2. If the victim was under the age of 18, a 26 prohibition on living within 1,000 feet of a school, day care 27 center, park, playground, or other place where children 28 regularly congregate. 29 3. Active participation in and successful completion 30 of a sex offender treatment program with therapists 31 specifically trained to treat sex offenders, at the releasee's 8 File original & 9 copies 02/07/01 hcp0006 09:07 am 00245-cpcs-072503
HOUSE AMENDMENT Bill No. HB 245 Barcode 072503 Amendment No. 01 (for drafter's use only) 1 own expense. If a specially trained therapist is not available 2 within a 50-mile radius of the releasee's residence, the 3 offender shall participate in other appropriate therapy. 4 4. A prohibition on any contact with the victim, 5 directly or indirectly, including through a third person, 6 unless approved by the victim, the offender's therapist, and 7 the sentencing court. 8 5. If the victim was under the age of 18, a 9 prohibition against direct contact or association with 10 children under the age of 18 until all of the following 11 conditions are met: 1) successful completion of a sex offender 12 treatment program; 2) the adult person who is legally 13 responsible for the welfare of the child has been advised of 14 the nature of the crime; 3) such adult person is present 15 during all contact or association with the child; and 4) such 16 adult person has been approved by the Commission. If the 17 victim was under the age of 18, a prohibition, until 18 successful completion of a sex offender treatment program, on 19 unsupervised contact with a child under the age of 18, unless 20 authorized by the commission without another adult present who 21 is responsible for the child's welfare, has been advised of 22 the crime, and is approved by the commission. 23 6. If the victim was under age 18, a prohibition on 24 working for pay or as a volunteer at any school, day care 25 center, park, playground, or other place where children 26 regularly congregate, as prescribed by the commission. 27 7. Unless otherwise indicated in the treatment plan 28 provided by the sexual offender treatment program, a 29 prohibition on viewing, owning, or possessing any obscene, 30 pornographic, or sexually stimulating visual or auditory 31 material, including telephone, electronic media, computer 9 File original & 9 copies 02/07/01 hcp0006 09:07 am 00245-cpcs-072503
HOUSE AMENDMENT Bill No. HB 245 Barcode 072503 Amendment No. 01 (for drafter's use only) 1 programs, or computer services that are relevant to the 2 offender's deviant behavior pattern. 3 8. A requirement that the releasee must submit two 4 specimens of blood to the Florida Department of Law 5 Enforcement to be registered with the DNA database. 6 9. A requirement that the releasee make restitution to 7 the victim, as determined by the sentencing court or the 8 commission, for all necessary medical and related professional 9 services relating to physical, psychiatric, and psychological 10 care. 11 10. Submission to a warrantless search by the 12 community control or probation officer of the probationer's or 13 community controllee's person, residence, or vehicle. 14 (b) For a releasee whose crime was committed on or 15 after October 1, 1997, in violation of chapter 794, s. 800.04, 16 s. 827.071, or s. 847.0145, and who is subject to conditional 17 release supervision, in addition to any other provision of 18 this subsection, the commission shall impose the following 19 additional conditions of conditional release supervision: 20 1. As part of a treatment program, participation in a 21 minimum of one annual polygraph examination to obtain 22 information necessary for risk management and treatment and to 23 reduce the sex offender's denial mechanisms. The polygraph 24 examination must be conducted by a polygrapher trained 25 specifically in the use of the polygraph for the monitoring of 26 sex offenders, where available, and at the expense of the sex 27 offender. The results of the polygraph examination shall not 28 be used as evidence in a hearing to prove that a violation of 29 supervision has occurred. 30 2. Maintenance of a driving log and a prohibition 31 against driving a motor vehicle alone without the prior 10 File original & 9 copies 02/07/01 hcp0006 09:07 am 00245-cpcs-072503
HOUSE AMENDMENT Bill No. HB 245 Barcode 072503 Amendment No. 01 (for drafter's use only) 1 approval of the supervising officer. 2 3. A prohibition against obtaining or using a post 3 office box without the prior approval of the supervising 4 officer. 5 4. If there was sexual contact, a submission to, at 6 the probationer's or community controllee's expense, an HIV 7 test with the results to be released to the victim or the 8 victim's parent or guardian. 9 5. Electronic monitoring of any form when deemed 10 necessary by the community control or probation officer and 11 his or her supervisor, and ordered by the commission court at 12 the recommendation of the Department of Corrections. 13 (9) The Commission shall adopt rules pursuant to ss. 14 120.536(1) and 120.54 necessary for implementing provisions of 15 the Conditional Release Program Act. 16 Section 6. Subsection (2) of section 947.24, Florida 17 Statutes, is amended to read: 18 947.24 Discharge from parole supervision or release 19 supervision.-- 20 (2) The commission shall review the progress of each 21 person who has been placed on parole, control release, or 22 conditional release after 2 years of supervision in the 23 community and biennially thereafter. The department shall 24 provide to the commission the information necessary to conduct 25 such a review. Such review must include consideration of 26 whether to modify the reporting schedule, thereby authorizing 27 the person under parole supervision or release supervision to 28 submit reports quarterly, semiannually, or annually. The 29 commission, after having retained jurisdiction of a person for 30 a sufficient length of time to evidence satisfactory 31 rehabilitation and cooperation, may further modify the terms 11 File original & 9 copies 02/07/01 hcp0006 09:07 am 00245-cpcs-072503
HOUSE AMENDMENT Bill No. HB 245 Barcode 072503 Amendment No. 01 (for drafter's use only) 1 and conditions of the person's parole, control release, or 2 conditional release, may discharge the person from parole 3 supervision or release supervision, may relieve the person 4 from making further reports, or may permit the person to leave 5 the state or country, upon finding that such action is in the 6 best interests of the person and society. 7 Section 7. Sections 947.175 and 947.177, Florida 8 Statutes, are repealed. 9 Section 8. As a result of the reduction of 10 responsibilities of the Parole Commission made by this act, 11 the number of existing full-time positions within the 12 commission shall be reduced by 40 positions. 13 Section 9. This act shall take effect July 1, 2001. 14 15 16 ================ T I T L E A M E N D M E N T =============== 17 And the title is amended as follows: 18 On page 1, line 2, 19 remove from the title of the bill: entire title 20 21 and insert in lieu thereof: 22 An act relating to the Parole Commission; 23 creating the "Parole Commission Reform Act of 24 2001"; amending s. 20.055, F.S.; deleting the 25 requirement that the Parole Commission have an 26 inspector general; amending s. 944.605, F.S.; 27 requiring the Department of Corrections, rather 28 than the Parole Commission or the Control 29 Release Authority, to notify certain entities 30 prior to inmate release; amending s. 947.04, 31 F.S.; permitting Parole Commission staff to 12 File original & 9 copies 02/07/01 hcp0006 09:07 am 00245-cpcs-072503
HOUSE AMENDMENT Bill No. HB 245 Barcode 072503 Amendment No. 01 (for drafter's use only) 1 establish and maintain field offices within 2 existing department facilities; amending s. 3 947.1405, F.S.; requiring the Department of 4 Corrections to review an inmate's program 5 participation and other records prior to 6 conditional release, to conduct a personal 7 interview with the inmate, to forward the 8 inmate's release plan to the Parole Commission, 9 and to make recommendations to the commission; 10 authorizing the commission to impose 11 requirements relating to curfews; correcting 12 references; clarifying the requirement that the 13 Commission impose restrictions relating to 14 contact with children; authorizing the 15 commission to require electronic monitoring for 16 certain releasees; providing for deferral of 17 conditional release supervision to probation or 18 community control; providing for automatic 19 revocation of conditional release supervision 20 and forfeiture of gain-time under certain 21 circumstances; providing for reversion to 22 conditional release supervision under certain 23 conditions; authorizing the Parole Commission 24 to promulgate rules necessary to implement the 25 Conditional Release Program Act; amending s. 26 947.24, F.S.; requiring the department to 27 provide to the commission information for 28 parole or release reviews; repealing s. 29 947.175, F.S., relating to notice to local 30 agencies by the Parole Commission; repealing s. 31 947.177, F.S., relating to inmate release, 13 File original & 9 copies 02/07/01 hcp0006 09:07 am 00245-cpcs-072503
HOUSE AMENDMENT Bill No. HB 245 Barcode 072503 Amendment No. 01 (for drafter's use only) 1 notice by Department of Corrections, Control 2 Release Authority, or Parole Commission; 3 reducing the number of existing full-time 4 positions within the commission; providing an 5 effective date. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 14 File original & 9 copies 02/07/01 hcp0006 09:07 am 00245-cpcs-072503