House Bill hb0245c1
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Florida House of Representatives - 2001 CS/HB 245
By the Council for Healthy Communities and Representative
Brummer
1 A bill to be entitled
2 An act relating to the Parole Commission;
3 creating the "Parole Commission Reform Act of
4 2001"; amending s. 20.055, F.S.; deleting the
5 requirement that the Parole Commission have an
6 inspector general; amending s. 944.605, F.S.;
7 requiring the Department of Corrections, rather
8 than the Parole Commission or the Control
9 Release Authority, to notify certain entities
10 prior to inmate release; amending s. 947.04,
11 F.S.; permitting Parole Commission staff to
12 establish and maintain field offices within
13 existing department facilities; amending s.
14 947.1405, F.S.; providing for deferral of
15 conditional release supervision to probation or
16 community control; providing for automatic
17 revocation of conditional release supervision
18 and forfeiture of gain-time under certain
19 circumstances; providing for reversion to
20 conditional release supervision under certain
21 conditions; requiring the Department of
22 Corrections to review an inmate's program
23 participation and other records prior to
24 conditional release, to conduct a personal
25 interview with the inmate, to forward the
26 inmate's release plan to the Parole Commission,
27 and to make recommendations to the commission;
28 authorizing the commission to impose
29 requirements relating to curfews; correcting
30 references; clarifying the requirement that the
31 commission impose restrictions relating to
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1 contact with children; authorizing the
2 commission to require electronic monitoring for
3 certain releasees; authorizing the Parole
4 Commission to adopt rules necessary to
5 implement the Conditional Release Program Act;
6 amending s. 947.24, F.S.; requiring the
7 department to provide to the commission
8 information for parole or release reviews;
9 repealing s. 947.175, F.S., relating to notice
10 to local agencies by the Parole Commission;
11 repealing s. 947.177, F.S., relating to inmate
12 release, notice by Department of Corrections,
13 Control Release Authority, or Parole
14 Commission; providing for a reduction in the
15 number of existing full-time positions within
16 the commission; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
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20 Section 1. This act may be cited as the "Parole
21 Commission Reform Act of 2001."
22 Section 2. Paragraph (a) of subsection (1) of section
23 20.055, Florida Statutes, is amended to read:
24 20.055 Agency inspectors general.--
25 (1) For the purposes of this section:
26 (a) "State agency" means each department created
27 pursuant to this chapter, and also includes the Executive
28 Office of the Governor, the Department of Military Affairs,
29 the Parole Commission, the Board of Regents, the Fish and
30 Wildlife Conservation Commission, the Public Service
31 Commission, and the state courts system.
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1 Section 3. Subsections (1) and (3) of section 944.605,
2 Florida Statutes, are amended, and subsections (5) and (6) are
3 added to said section, to read:
4 944.605 Inmate release; notification.--
5 (1) Within 6 months before the release of an inmate
6 from the custody of the Department of Corrections or a private
7 correctional facility by expiration of sentence under s.
8 944.275, any release program provided by law, or parole under
9 chapter 947, or as soon as possible if the offender is
10 released earlier than anticipated, notification of such
11 anticipated release date shall be made known by the Department
12 of Corrections appropriate agency to the chief judge of the
13 circuit in which the offender was sentenced, the appropriate
14 state attorney, the original arresting law enforcement agency,
15 the Department of Law Enforcement, and the sheriff as chief
16 law enforcement officer of the county in which the inmate
17 plans to reside. In addition, unless otherwise requested by
18 the victim or the personal representative of the victim, the
19 state attorney or, the Department of Corrections, the Control
20 Release Authority, or the Parole Commission, whichever is
21 appropriate, shall notify such person within 6 months before
22 the inmate's release, or as soon as possible if the offender
23 is released earlier than anticipated, when the name and
24 address of such victim or representative of the victim has
25 been furnished to the agency. The state attorney shall
26 provide the latest address documented for the victim to the
27 sheriff with the other documents required by law for the
28 delivery of inmates to those agencies for service of sentence.
29 For the purposes of this section, the Parole Commission or the
30 Control Release Authority is the appropriate agency for any
31 type of release it grants, and the Department of Corrections
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1 is the appropriate agency for any type of release it
2 authorizes. This section does not imply any repeal or
3 modification of any provision of law relating to notification
4 of victims.
5 (3) If an inmate is to be released after having served
6 one or more sentences for a conviction of robbery, sexual
7 battery, home-invasion robbery, or carjacking, or an inmate to
8 be released has a prior conviction for robbery, sexual
9 battery, home-invasion robbery, or carjacking or similar
10 offense, in this state or in another jurisdiction, and if such
11 prior conviction information is contained in department
12 records, the department appropriate releasing agency shall
13 release to the sheriff of the county in which the inmate plans
14 to reside, and, if the inmate plans to reside within a
15 municipality, to the chief of police of that municipality, the
16 following information, which must include, but need not be
17 limited to:
18 (a) Name;
19 (b) Social security number;
20 (c) Date of birth;
21 (d) Race;
22 (e) Sex;
23 (f) Height;
24 (g) Weight;
25 (h) Hair and eye color;
26 (i) Tattoos or other identifying marks;
27 (j) Fingerprints; and
28 (k) A digitized photograph as provided in subsection
29 (2).
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1 The department, the Parole Commission, or the Control Release
2 Authority shall release the information specified in this
3 subsection within 6 months prior to the discharge of the
4 inmate from the custody of the department.
5 (5) The department shall, at least 10 days before the
6 anticipated date of release on work release of an inmate,
7 notify in writing the county law enforcement agency in the
8 county in this state in which the inmate is scheduled to be
9 released.
10 (6) Upon request of the victim, the personal
11 representative of the victim, or the state attorney, the
12 department shall notify the requesting person when an inmate
13 has been approved for community work release within 30 days
14 after the date of approval.
15 Section 4. Subsection (4) of section 947.04, Florida
16 Statutes, is amended to read:
17 947.04 Organization of commission; officers;
18 offices.--
19 (4) The commission may establish and maintain field
20 offices within existing administration buildings at facilities
21 and institutions operated by the department in centrally and
22 conveniently located places in Florida. Headquarters shall be
23 located in Tallahassee. The business of the commission shall
24 be transacted anywhere in the state as provided in s. 947.06.
25 The commission shall keep its official records and papers at
26 the headquarters, which it shall furnish and equip.
27 Section 5. Subsections (2), (3), (5), (6), and (7) of
28 section 947.1405, Florida Statutes, are amended, and
29 subsection (9) is added to said section, to read:
30 947.1405 Conditional release program.--
31 (2) Any inmate who:
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1 (a) Is convicted of a crime committed on or after
2 October 1, 1988, and before January 1, 1994, and any inmate
3 who is convicted of a crime committed on or after January 1,
4 1994, which crime is or was contained in category 1, category
5 2, category 3, or category 4 of Rule 3.701 and Rule 3.988,
6 Florida Rules of Criminal Procedure (1993), and who has served
7 at least one prior felony commitment at a state or federal
8 correctional institution;
9 (b) Is sentenced as a habitual or violent habitual
10 offender or a violent career criminal pursuant to s. 775.084;
11 or
12 (c) Is found to be a sexual predator under s. 775.21
13 or former s. 775.23,
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15 shall, upon reaching the tentative release date or provisional
16 release date, whichever is earlier, as established by the
17 Department of Corrections, be released under supervision
18 subject to specified terms and conditions, including payment
19 of the cost of supervision pursuant to s. 948.09. Such
20 supervision shall be applicable to all sentences within the
21 overall term of sentences if an inmate's overall term of
22 sentences includes one or more sentences that are eligible for
23 conditional release supervision as provided herein. Effective
24 July 1, 1994, and applicable for offenses committed on or
25 after that date, the commission may require, as a condition of
26 conditional release, that the releasee make payment of the
27 debt due and owing to a county or municipal detention facility
28 under s. 951.032 for medical care, treatment, hospitalization,
29 or transportation received by the releasee while in that
30 detention facility. The commission, in determining whether to
31 order such repayment and the amount of such repayment, shall
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1 consider the amount of the debt, whether there was any fault
2 of the institution for the medical expenses incurred, the
3 financial resources of the releasee, the present and potential
4 future financial needs and earning ability of the releasee,
5 and dependents, and other appropriate factors. If any inmate
6 placed on conditional release supervision is also subject to
7 probation or community control, resulting from a probationary
8 or community control split sentence within the overall term of
9 sentences, the Department of Corrections shall supervise such
10 person according to the conditions imposed by the court and
11 the commission shall defer to such supervision. If the court
12 revokes probation or community control and resentences the
13 offender to a term of incarceration, such revocation also
14 constitutes a sufficient basis for the revocation of the
15 conditional release supervision on any nonprobationary or
16 noncommunity control sentence without further hearing by the
17 commission. If any such supervision on any nonprobationary or
18 noncommunity control sentence is revoked, such revocation may
19 result in a forfeiture of all gain-time, and the commission
20 may revoke the resulting deferred conditional release
21 supervision or take other action it considers appropriate. If
22 the term of conditional release supervision exceeds that of
23 the probation or community control then, upon expiration of
24 the probation or community control, authority for the
25 supervision shall revert to the commission and the supervision
26 shall be subject to the conditions imposed by the commission.
27 If an inmate has received a term of probation or community
28 control supervision to be served after release from
29 incarceration, the period of probation or community control
30 must be substituted for the conditional release supervision. A
31 panel of no fewer than two commissioners shall establish the
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1 terms and conditions of any such release. If the offense was a
2 controlled substance violation, the conditions shall include a
3 requirement that the offender submit to random substance abuse
4 testing intermittently throughout the term of conditional
5 release supervision, upon the direction of the correctional
6 probation officer as defined in s. 943.10(3). The commission
7 shall also determine whether the terms and conditions of such
8 release have been violated and whether such violation warrants
9 revocation of the conditional release.
10 (3) As part of the conditional release process, the
11 commission, through review and consideration of information
12 provided by the department, shall determine:
13 (a) The amount of reparation or restitution.
14 (b) The consequences of the offense as reported by the
15 aggrieved party.
16 (c) The aggrieved party's fear of the inmate or
17 concerns about the release of the inmate.
18 (5) Within 180 days prior to the tentative release
19 date or provisional release date, whichever is earlier, a
20 representative of the department commission shall interview
21 the inmate. The commission representative shall review the
22 inmate's program participation, disciplinary record,
23 psychological and medical records, criminal records, and any
24 other information pertinent to the impending release. The
25 department shall gather and compile information necessary for
26 the commission to make the determinations set forth in
27 subsection (3). A department commission representative shall
28 conduct a personal interview with the inmate for the purpose
29 of determining the details of the inmate's release plan,
30 including the inmate's planned residence and employment. The
31 department representative shall forward the inmate's release
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1 plan to the commission and recommend to the commission the
2 terms and conditions of the conditional release. The results
3 of the interview must be forwarded to the commission in
4 writing.
5 (6) Upon receipt of notice as required under s.
6 947.175, The commission shall review the recommendations of
7 the department, and such other information as it deems
8 relevant, and may conduct a review of the inmate's record for
9 the purpose of establishing the terms and conditions of the
10 conditional release. The commission may impose any special
11 conditions it considers warranted from its review of the
12 release plan and recommendation record. If the commission
13 determines that the inmate is eligible for release under this
14 section, the commission shall enter an order establishing the
15 length of supervision and the conditions attendant thereto.
16 However, an inmate who has been convicted of a violation of
17 chapter 794 or found by the court to be a sexual predator is
18 subject to the maximum level of supervision provided, with the
19 mandatory conditions as required in subsection (7), and that
20 supervision shall continue through the end of the releasee's
21 original court-imposed sentence. The length of supervision
22 must not exceed the maximum penalty imposed by the court.
23 (7)(a) Any inmate who is convicted of a crime
24 committed on or after October 1, 1995, or who has been
25 previously convicted of a crime committed on or after October
26 1, 1995, in violation of chapter 794, s. 800.04, s. 827.071,
27 or s. 847.0145, and is subject to conditional release
28 supervision, shall have, in addition to any other conditions
29 imposed, the following special conditions imposed by the
30 commission:
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1 1. A mandatory curfew from 10 p.m. to 6 a.m. The
2 commission court may designate another 8-hour period if the
3 offender's employment precludes the above specified time, and
4 such alternative is recommended by the Department of
5 Corrections. If the commission court determines that imposing
6 a curfew would endanger the victim, the commission court may
7 consider alternative sanctions.
8 2. If the victim was under the age of 18, a
9 prohibition on living within 1,000 feet of a school, day care
10 center, park, playground, or other place where children
11 regularly congregate.
12 3. Active participation in and successful completion
13 of a sex offender treatment program with therapists
14 specifically trained to treat sex offenders, at the releasee's
15 own expense. If a specially trained therapist is not available
16 within a 50-mile radius of the releasee's residence, the
17 offender shall participate in other appropriate therapy.
18 4. A prohibition on any contact with the victim,
19 directly or indirectly, including through a third person,
20 unless approved by the victim, the offender's therapist, and
21 the sentencing court.
22 5. If the victim was under the age of 18, a
23 prohibition against direct contact or association with
24 children under the age of 18 until all of the following
25 conditions are met:
26 a. Successful completion of a sex offender treatment
27 program.
28 b. The adult person who is legally responsible for the
29 welfare of the child has been advised of the nature of the
30 crime.
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1 c. Such adult person is present during all contact or
2 association with the child.
3 d. Such adult person has been, until successful
4 completion of a sex offender treatment program, on
5 unsupervised contact with a child under the age of 18, unless
6 authorized by the commission without another adult present who
7 is responsible for the child's welfare, has been advised of
8 the crime, and is approved by the commission.
9 6. If the victim was under age 18, a prohibition on
10 working for pay or as a volunteer at any school, day care
11 center, park, playground, or other place where children
12 regularly congregate, as prescribed by the commission.
13 7. Unless otherwise indicated in the treatment plan
14 provided by the sexual offender treatment program, a
15 prohibition on viewing, owning, or possessing any obscene,
16 pornographic, or sexually stimulating visual or auditory
17 material, including telephone, electronic media, computer
18 programs, or computer services that are relevant to the
19 offender's deviant behavior pattern.
20 8. A requirement that the releasee must submit two
21 specimens of blood to the Florida Department of Law
22 Enforcement to be registered with the DNA database.
23 9. A requirement that the releasee make restitution to
24 the victim, as determined by the sentencing court or the
25 commission, for all necessary medical and related professional
26 services relating to physical, psychiatric, and psychological
27 care.
28 10. Submission to a warrantless search by the
29 community control or probation officer of the probationer's or
30 community controllee's person, residence, or vehicle.
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1 (b) For a releasee whose crime was committed on or
2 after October 1, 1997, in violation of chapter 794, s. 800.04,
3 s. 827.071, or s. 847.0145, and who is subject to conditional
4 release supervision, in addition to any other provision of
5 this subsection, the commission shall impose the following
6 additional conditions of conditional release supervision:
7 1. As part of a treatment program, participation in a
8 minimum of one annual polygraph examination to obtain
9 information necessary for risk management and treatment and to
10 reduce the sex offender's denial mechanisms. The polygraph
11 examination must be conducted by a polygrapher trained
12 specifically in the use of the polygraph for the monitoring of
13 sex offenders, where available, and at the expense of the sex
14 offender. The results of the polygraph examination shall not
15 be used as evidence in a hearing to prove that a violation of
16 supervision has occurred.
17 2. Maintenance of a driving log and a prohibition
18 against driving a motor vehicle alone without the prior
19 approval of the supervising officer.
20 3. A prohibition against obtaining or using a post
21 office box without the prior approval of the supervising
22 officer.
23 4. If there was sexual contact, a submission to, at
24 the probationer's or community controllee's expense, an HIV
25 test with the results to be released to the victim or the
26 victim's parent or guardian.
27 5. Electronic monitoring of any form when deemed
28 necessary by the community control or probation officer and
29 his or her supervisor, and ordered by the commission court at
30 the recommendation of the Department of Corrections.
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1 (9) The commission shall adopt rules pursuant to ss.
2 120.536(1) and 120.54 necessary to implement the provisions of
3 the Conditional Release Program Act.
4 Section 6. Subsection (2) of section 947.24, Florida
5 Statutes, is amended to read:
6 947.24 Discharge from parole supervision or release
7 supervision.--
8 (2) The commission shall review the progress of each
9 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. The department shall
12 provide to the commission the information necessary to conduct
13 such a review. Such review must include consideration of
14 whether to modify the reporting schedule, thereby authorizing
15 the person under parole supervision or release supervision to
16 submit reports quarterly, semiannually, or annually. The
17 commission, after having retained jurisdiction of a person for
18 a sufficient length of time to evidence satisfactory
19 rehabilitation and cooperation, may further modify the terms
20 and conditions of the person's parole, control release, or
21 conditional release, may discharge the person from parole
22 supervision or release supervision, may relieve the person
23 from making further reports, or may permit the person to leave
24 the state or country, upon finding that such action is in the
25 best interests of the person and society.
26 Section 7. Sections 947.175 and 947.177, Florida
27 Statutes, are repealed.
28 Section 8. As a result of the reduction of
29 responsibilities of the Parole Commission made by this act, it
30 is the intent of the Legislature that a reduction of 40
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1 full-time positions within the Florida Parole Commission be
2 reflected in the 2001 General Appropriations Act.
3 Section 9. This act shall take effect July 1, 2001.
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