Senate Bill sb0388

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                   SB 388

    By Senator Burt





    16-414-01

  1                      A bill to be entitled

  2         An act relating to the Parole Commission;

  3         amending s. 947.04, F.S.; authorizing

  4         commission staff to be located with staff of

  5         the Department of Corrections; amending s.

  6         947.12, F.S.; providing for members of the

  7         parole qualifications committee to be

  8         reimbursed for per diem and travel expenses;

  9         amending s. 947.1405, F.S.; revising procedures

10         for the review of an inmate's record before the

11         inmate is released on conditional release;

12         requiring that the Department of Corrections

13         conduct certain reviews and report to the

14         Parole Commission; authorizing the Parole

15         Commission rather than the court to impose

16         curfews and require electronic monitoring;

17         amending s. 947.24, F.S.; requiring that the

18         Department of Corrections provide information

19         to the Parole Commission for the purpose of

20         reviewing the progress of persons placed on

21         parole, control release, or conditional

22         release; providing an effective date.

23

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

25

26         Section 1.  Subsection (4) of section 947.04, Florida

27  Statutes, is amended to read:

28         947.04  Organization of commission; officers;

29  offices.--

30         (4)  The commission may establish and maintain offices

31  in centrally and conveniently located places in Florida.

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 388
    16-414-01




  1  Commission staff may be located with department staff in

  2  department offices and facilities. Headquarters shall be

  3  located in Tallahassee. The business of the commission shall

  4  be transacted anywhere in the state as provided in s. 947.06.

  5  The commission shall keep its official records and papers at

  6  the headquarters, which it shall furnish and equip.

  7         Section 2.  Subsection (2) of section 947.12, Florida

  8  Statutes, is amended to read:

  9         947.12  Members, employees, expenses.--

10         (2)  The members of the parole qualifications committee

11  examining board created in s. 947.02 are entitled to

12  reimbursement for shall each be paid per diem and travel

13  expenses pursuant to s. 112.061 when traveling in the

14  performance of their duties.

15         Section 3.  Section 947.1405, Florida Statutes, is

16  amended to read:

17         947.1405  Conditional release program.--

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

19  "Conditional Release Program Act."

20         (2)  Any inmate who:

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

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

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

24  1994, which crime is or was contained in category 1, category

25  2, category 3, or category 4 of Rule 3.701 and Rule 3.988,

26  Florida Rules of Criminal Procedure (1993), and who has served

27  at least one prior felony commitment at a state or federal

28  correctional institution;

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

30  offender or a violent career criminal pursuant to s. 775.084;

31  or

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 388
    16-414-01




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

  2  or former s. 775.23,

  3

  4  shall, upon reaching the tentative release date or provisional

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

  6  Department of Corrections, be released under supervision

  7  subject to specified terms and conditions, including payment

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

  9  supervision shall be applicable to all sentences within the

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

11  sentences includes one or more sentences that are eligible for

12  conditional release supervision as provided herein. Effective

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

14  after that date, the commission may require, as a condition of

15  conditional release, that the releasee make payment of the

16  debt due and owing to a county or municipal detention facility

17  under s. 951.032 for medical care, treatment, hospitalization,

18  or transportation received by the releasee while in that

19  detention facility. The commission, in determining whether to

20  order such repayment and the amount of such repayment, shall

21  consider the amount of the debt, whether there was any fault

22  of the institution for the medical expenses incurred, the

23  financial resources of the releasee, the present and potential

24  future financial needs and earning ability of the releasee,

25  and dependents, and other appropriate factors.  If an inmate

26  has received a term of probation or community control

27  supervision to be served after release from incarceration, the

28  period of probation or community control must be substituted

29  for the conditional release supervision. A panel of no fewer

30  than two commissioners shall establish the terms and

31  conditions of any such release. If the offense was a

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 388
    16-414-01




  1  controlled substance violation, the conditions shall include a

  2  requirement that the offender submit to random substance abuse

  3  testing intermittently throughout the term of conditional

  4  release supervision, upon the direction of the correctional

  5  probation officer as defined in s. 943.10(3). The commission

  6  shall also determine whether the terms and conditions of such

  7  release have been violated and whether such violation warrants

  8  revocation of the conditional release.

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

10  commission shall, through review and consideration of

11  information provided by the department, determine:

12         (a)  The amount of reparation or restitution.

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

14  aggrieved party.

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

16  concerns about the release of the inmate.

17         (4)  The commission shall provide to the aggrieved

18  party information regarding the manner in which notice of any

19  developments concerning the status of the inmate during the

20  term of conditional release may be requested.

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

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

23  representative of the department commission shall interview

24  the inmate.  The commission representative shall review the

25  inmate's program participation, disciplinary record,

26  psychological and medical records, criminal records, and any

27  other information pertinent to the impending release.  A

28  department commission representative shall conduct a personal

29  interview with the inmate for the purpose of determining the

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

31

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 388
    16-414-01




  1  planned residence and employment.  The results of the

  2  interview must be forwarded to the commission in writing.

  3         (6)  Based upon a review of the inmate's records and

  4  the interview, the department shall advise the commission in

  5  writing of the inmate's release plan and recommend to the

  6  commission the terms and conditions of the inmate's

  7  conditional release.

  8         (7)(6)  Upon receipt of notice as required under s.

  9  947.175, the commission shall review the recommendations of

10  the department and may conduct a review of the inmate's record

11  for the purpose of establishing the terms and conditions of

12  the conditional release.  The commission may impose any

13  special conditions it considers warranted from its review and

14  is not compelled to adopt the recommendations of the

15  department of the record. If the commission determines that

16  the inmate is eligible for release under this section, the

17  commission shall enter an order establishing the length of

18  supervision and the conditions attendant thereto. However, an

19  inmate who has been convicted of a violation of chapter 794 or

20  found by the court to be a sexual predator is subject to the

21  maximum level of supervision provided, with the mandatory

22  conditions as required in subsection (7), and that supervision

23  shall continue through the end of the releasee's original

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

25  exceed the maximum penalty imposed by the court.

26         (8)(7)(a)  Any inmate who is convicted of a crime

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

28  previously convicted of a crime committed on or after October

29  1, 1995, in violation of chapter 794, s. 800.04, s. 827.071,

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

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

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 388
    16-414-01




  1  imposed, the following special conditions imposed by the

  2  commission:

  3         1.  A mandatory curfew from 10 p.m. to 6 a.m. The

  4  commission court may designate another 8-hour period if the

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

  6  such alternative is recommended by the Department of

  7  Corrections. If the commission court determines that imposing

  8  a curfew would endanger the victim, the commission court may

  9  consider alternative sanctions.

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

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

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

13  regularly congregate.

14         3.  Active participation in and successful completion

15  of a sex offender treatment program with therapists

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

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

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

19  offender shall participate in other appropriate therapy.

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

21  directly or indirectly, including through a third person,

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

23  the sentencing court.

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

25  prohibition, until successful completion of a sex offender

26  treatment program, on unsupervised contact with a child under

27  the age of 18, unless authorized by the commission without

28  another adult present who is responsible for the child's

29  welfare, has been advised of the crime, and is approved by the

30  commission.

31

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 388
    16-414-01




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

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

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

  4  regularly congregate, as prescribed by the commission.

  5         7.  Unless otherwise indicated in the treatment plan

  6  provided by the sexual offender treatment program, a

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

  8  pornographic, or sexually stimulating visual or auditory

  9  material, including telephone, electronic media, computer

10  programs, or computer services that are relevant to the

11  offender's deviant behavior pattern.

12         8.  A requirement that the releasee must submit two

13  specimens of blood to the Florida Department of Law

14  Enforcement to be registered with the DNA database.

15         9.  A requirement that the releasee make restitution to

16  the victim, as determined by the sentencing court or the

17  commission, for all necessary medical and related professional

18  services relating to physical, psychiatric, and psychological

19  care.

20         10.  Submission to a warrantless search by the

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

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

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

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

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

26  release supervision, in addition to any other provision of

27  this subsection, the commission shall impose the following

28  additional conditions of conditional release supervision:

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

30  minimum of one annual polygraph examination to obtain

31  information necessary for risk management and treatment and to

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 388
    16-414-01




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

  2  examination must be conducted by a polygrapher trained

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

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

  5  offender. The results of the polygraph examination shall not

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

  7  supervision has occurred.

  8         2.  Maintenance of a driving log and a prohibition

  9  against driving a motor vehicle alone without the prior

10  approval of the supervising officer.

11         3.  A prohibition against obtaining or using a post

12  office box without the prior approval of the supervising

13  officer.

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

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

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

17  victim's parent or guardian.

18         5.  Electronic monitoring of any form when deemed

19  necessary by the community control or probation officer and

20  his or her supervisor, and ordered by the commission court at

21  the recommendation of the Department of Corrections.

22         (9)(8)  It is the finding of the Legislature that the

23  population of offenders released from state prison into the

24  community who meet the conditional release criteria poses the

25  greatest threat to the public safety of the groups of

26  offenders under community supervision. Therefore, the

27  Department of Corrections is to provide intensive supervision

28  by experienced correctional probation officers to conditional

29  release offenders. Subject to specific appropriation by the

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

31  conditional release offenders per officer to provide for

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 388
    16-414-01




  1  enhanced public safety and to effectively monitor conditions

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

  3  commission.

  4         Section 4.  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 information necessary to conduct the

13  review. Such review must include consideration of whether to

14  modify the reporting schedule, thereby authorizing the person

15  under parole supervision or release supervision to submit

16  reports quarterly, semiannually, or annually.  The commission,

17  after having retained jurisdiction of a person for a

18  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 5.  This act shall take effect July 1, 2001.

27

28

29

30

31

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 388
    16-414-01




  1            *****************************************

  2                          SENATE SUMMARY

  3    Provides for staff members of the Parole Commission to be
      located with staff members of the Department of
  4    Corrections. Revises procedures under which an inmate's
      record is reviewed before the inmate is released on
  5    conditional release. Requires that the Department of
      Corrections rather than the Parole Commission conduct
  6    certain reviews before an inmate is released and report
      to the Parole Commission. Provides for the Parole
  7    Commission rather than the court to impose curfews and
      require electronic monitoring of certain inmates released
  8    on conditional release. Requires that the Department of
      Corrections provide information to the Parole Commission
  9    for the purpose of reviewing the progress of former
      inmates placed on parole, control release, or conditional
10    release.

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  10

CODING: Words stricken are deletions; words underlined are additions.