Senate Bill sb0388c1

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    Florida Senate - 2001                            CS for SB 388

    By the Committee on Criminal Justice and Senator Burt





    307-1464-01

  1                      A bill to be entitled

  2         An act relating to the Parole Commission;

  3         creating the "Parole Commission Reform Act";

  4         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; conforming

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         amending s. 947.12, F.S.; providing for members

10         of the parole qualifications committee to be

11         reimbursed for per diem and travel expenses;

12         repealing s. 947.175, F.S., relating to notice

13         to local agencies by the Parole Commission;

14         repealing s. 947.177, F.S., relating to inmate

15         release, notice by Department of Corrections,

16         Control Release Authority, or Parole

17         Commission; providing an effective date.

18

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

20

21         Section 1.  This act may be cited as the "Parole

22  Commission Reform Act."

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

24  20.055, Florida Statutes, is amended to read:

25         20.055  Agency inspectors general.--

26         (1)  For the purposes of this section:

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

28  pursuant to this chapter, and also includes the Executive

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

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

31

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  1  Wildlife Conservation Commission, the Public Service

  2  Commission, and the state courts system.

  3         Section 3.  Subsections (1) and (3) of section 944.605,

  4  Florida Statutes, are amended, and subsections (5) and (6) are

  5  added to that section, to read:

  6         944.605  Inmate release; notification.--

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

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

  9  correctional facility by expiration of sentence under s.

10  944.275, any release program provided by law, or parole under

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

12  released earlier than anticipated, notification of such

13  anticipated release date shall be made known by the Department

14  of Corrections appropriate agency to the chief judge of the

15  circuit in which the offender was sentenced, the appropriate

16  state attorney, the original arresting law enforcement agency,

17  the Department of Law Enforcement, and the sheriff as chief

18  law enforcement officer of the county in which the inmate

19  plans to reside. In addition, unless otherwise requested by

20  the victim or the personal representative of the victim, the

21  state attorney or, the Department of Corrections, the Control

22  Release Authority, or the Parole Commission, whichever is

23  appropriate, shall notify such person within 6 months before

24  the inmate's release, or as soon as possible if the offender

25  is released earlier than anticipated, when the name and

26  address of such victim or representative of the victim has

27  been furnished to the agency.  The state attorney shall

28  provide the latest address documented for the victim to the

29  sheriff with the other documents required by law for the

30  delivery of inmates to those agencies for service of sentence.

31  For the purposes of this section, the Parole Commission or the

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  1  Control Release Authority is the appropriate agency for any

  2  type of release it grants, and the Department of Corrections

  3  is the appropriate agency for any type of release it

  4  authorizes.  This section does not imply any repeal or

  5  modification of any provision of law relating to notification

  6  of victims.

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

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

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

10  be released has a prior conviction for robbery, sexual

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

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

13  prior conviction information is contained in department

14  records, the department appropriate releasing agency shall

15  release to the sheriff of the county in which the inmate plans

16  to reside, and, if the inmate plans to reside within a

17  municipality, to the chief of police of that municipality, the

18  following information, which must include, but need not be

19  limited to:

20         (a)  Name;

21         (b)  Social security number;

22         (c)  Date of birth;

23         (d)  Race;

24         (e)  Sex;

25         (f)  Height;

26         (g)  Weight;

27         (h)  Hair and eye color;

28         (i)  Tattoos or other identifying marks;

29         (j)  Fingerprints; and

30         (k)  A digitized photograph as provided in subsection

31  (2).

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    Florida Senate - 2001                            CS for SB 388
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  1

  2  The department, the Parole Commission, or the Control Release

  3  Authority shall release the information specified in this

  4  subsection within 6 months prior to the discharge of the

  5  inmate from the custody of the department.

  6         (5)  The department shall, at least 10 days before the

  7  anticipated date of release on work release of an inmate,

  8  notify in writing the county law enforcement agency in the

  9  county in this state in which the inmate is scheduled to be

10  released.

11         (6)  Upon request of the victim, the personal

12  representative of the victim, or the state attorney, the

13  department shall notify the requesting person when an inmate

14  has been approved for community work release within 30 days

15  after the date of approval.

16         Section 4.  Subsection (4) of section 947.04, Florida

17  Statutes, is amended to read:

18         947.04  Organization of commission; officers;

19  offices.--

20         (4)  The commission may establish and maintain field

21  offices within existing administration buildings at facilities

22  and institutions operated by the department in centrally and

23  conveniently located places in Florida. Headquarters shall be

24  located in Tallahassee. The business of the commission shall

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

26  The commission shall keep its official records and papers at

27  the headquarters, which it shall furnish and equip.

28         Section 5.  Subsections (2), (3), (5), (6), and (7) of

29  section 947.1405, Florida Statutes, are amended, and

30  subsection (9) is added to that section, to read:

31         947.1405  Conditional release program.--

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    Florida Senate - 2001                            CS for SB 388
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  1         (2)  Any inmate who:

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

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

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

  5  1994, which crime is or was contained in category 1, category

  6  2, category 3, or category 4 of Rule 3.701 and Rule 3.988,

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

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

  9  correctional institution;

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

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

12  or

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

14  or former s. 775.23,

15

16  shall, upon reaching the tentative release date or provisional

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

18  Department of Corrections, be released under supervision

19  subject to specified terms and conditions, including payment

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

21  supervision shall be applicable to all sentences within the

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

23  sentences includes one or more sentences that are eligible for

24  conditional release supervision as provided herein. Effective

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

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

27  conditional release, that the releasee make payment of the

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

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

30  or transportation received by the releasee while in that

31  detention facility. The commission, in determining whether to

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

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

  3  of the institution for the medical expenses incurred, the

  4  financial resources of the releasee, the present and potential

  5  future financial needs and earning ability of the releasee,

  6  and dependents, and other appropriate factors. If any inmate

  7  placed on conditional release supervision is also subject to

  8  probation or community control resulting from a probationary

  9  or community control split sentence within the overall term of

10  sentences, the Department of Corrections shall supervise such

11  person according to the conditions imposed by the court and

12  the commission shall defer to such supervision.  If the court

13  revokes probation or community control and resentences the

14  offender to a term of incarceration, such revocation also

15  constitutes a sufficient basis for the revocation of the

16  conditional release supervision on any nonprobationary or

17  noncommunity control sentence without further hearing by the

18  commission.  If any such supervision on any nonprobationary or

19  noncommunity control sentence is revoked, such revocation may

20  result in a forfeiture of all gain-time, and the commission

21  may revoke the resulting deferred conditional release

22  supervision or take other action it considers appropriate.  If

23  the term of conditional release supervision exceeds that of

24  the probation or community control then, upon expiration of

25  the probation or community control, authority for the

26  supervision shall revert to the commission and the supervision

27  shall be subject to the conditions imposed by the commission.

28  If an inmate has received a term of probation or community

29  control supervision to be served after release from

30  incarceration, the period of probation or community control

31  must be substituted for the conditional release supervision. A

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  1  panel of no fewer than two commissioners shall establish the

  2  terms and conditions of any such release. If the offense was a

  3  controlled substance violation, the conditions shall include a

  4  requirement that the offender submit to random substance abuse

  5  testing intermittently throughout the term of conditional

  6  release supervision, upon the direction of the correctional

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

  8  shall also determine whether the terms and conditions of such

  9  release have been violated and whether such violation warrants

10  revocation of the conditional release.

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

12  commission, through review and consideration of information

13  provided by the department, shall determine:

14         (a)  The amount of reparation or restitution.

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

16  aggrieved party.

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

18  concerns about the release of the inmate.

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

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

21  representative of the department commission shall interview

22  the inmate. The commission representative shall review the

23  inmate's program participation, disciplinary record,

24  psychological and medical records, criminal records, and any

25  other information pertinent to the impending release. The

26  department shall gather and compile information necessary for

27  the commission to make the determinations set forth in

28  subsection (3). A department commission representative shall

29  conduct a personal interview with the inmate for the purpose

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

31  including the inmate's planned residence and employment. The

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  1  department representative shall forward the inmate's release

  2  plan to the commission and recommend to the commission the

  3  terms and conditions of the conditional release. The results

  4  of the interview must be forwarded to the commission in

  5  writing.

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

  7  947.175, The commission shall review the recommendations of

  8  the department, and such other information as it deems

  9  relevant, and may conduct a review of the inmate's record for

10  the purpose of establishing the terms and conditions of the

11  conditional release. The commission may impose any special

12  conditions it considers warranted from its review of the

13  release plan and recommendation record. If the commission

14  determines that the inmate is eligible for release under this

15  section, the commission shall enter an order establishing the

16  length of supervision and the conditions attendant thereto.

17  However, an inmate who has been convicted of a violation of

18  chapter 794 or found by the court to be a sexual predator is

19  subject to the maximum level of supervision provided, with the

20  mandatory conditions as required in subsection (7), and that

21  supervision shall continue through the end of the releasee's

22  original court-imposed sentence. The length of supervision

23  must not exceed the maximum penalty imposed by the court.

24         (7)(a)  Any inmate who is convicted of a crime

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

26  previously convicted of a crime committed on or after October

27  1, 1995, in violation of chapter 794, s. 800.04, s. 827.071,

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

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

30  imposed, the following special conditions imposed by the

31  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.  Subsection (2) of section 947.12, Florida

27  Statutes, is amended to read:

28         947.12  Members, employees, expenses.--

29         (2)  The members of the parole qualifications committee

30  examining board created in s. 947.02 are entitled to

31  reimbursement for shall each be paid per diem and travel

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  1  expenses pursuant to s. 112.061 when traveling in the

  2  performance of their duties.

  3         Section 8.  Sections 947.175 and 947.177, Florida

  4  Statutes, are repealed.

  5         Section 9.  This act shall take effect July 1, 2001.

  6

  7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  8                         Senate Bill 388

  9

10  -     Provides that the Florida Parole Commission will be
          removed from the list of state agencies required to
11        employ an inspector general.

12  -     Provides that the Florida Parole Commission will no
          longer be responsible for notifying victims, law
13        enforcement, prosecution, and courts of the impending
          release of offenders going to post-prison supervision.
14        Rather, the Department of Corrections will assume full
          responsibility for notifying those interested parties.
15
    -     Establishes a protocol for priority of community
16        supervision for those released from prison. Under this
          protocol, court-ordered supervision shall take
17        precedence over post-prison supervision, they will run
          concurrently, but if the court-ordered supervision
18        expires before the post-prison supervision, then the
          conditions of post-prison supervision under the
19        commission shall become effective. Furthermore, a
          violation of court-ordered supervision is sufficient to
20        revoke the concurrent post-prison supervision.

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