HB 1899

1	A bill to be entitled
2	An act relating to corrections; amending s. 20.315, F.S.;
3	abolishing the Florida Corrections Commission; amending s.
4	944.8041, F.S.; conforming references; requiring the
5	annual report on elderly offenders within the correctional
6	system to be submitted to the Governor in addition to the
7	Legislature; amending s. 946.40, F.S.; permitting
8	political subdivisions to reimburse the Department of
9	Corrections for certain services of inmates and personnel
10	of the department; amending s. 957.04, F.S.; revising
11	requirements for contracts for the operation of private
12	correctional facilities; conforming references; amending
13	s. 957.07, F.S.; providing for the Prison Per-Diem
14	Workgroup to develop certain rates on an as-needed basis;
15	amending s. 957.12, F.S.; revising provisions relating to
16	prohibitions on contact with respect to a request for
17	proposals for a private correctional facility; amending
18	ss. 20.315, 20.32, 23.21, 112.011, 186.005, 255.502,
19	322.16, 394.926, 394.927, 775.089, 775.16, 784.07,
20	784.078, 843.01, 843.02, 843.08, 893.11, 921.001, 921.16,
21	921.20, 921.21, 921.22, 940.03, 940.05, 941.23, 943.0311,
22	943.06, 944.012, 944.02 944.024, 944.23, 944.291,
23	944.4731, 945.091, 945.10, 945.47, 945.73, 947.002,
24	947.005, 947.02, 947.021, 947.1405, 947.141, 947.146,
25	947.181, 947.185, 947.22, 948.09, 948.10, 949.05, 957.06,
26	958.045, 960.001, 960.17, 985.04, and 985.05, F.S.;
27	abolishing the Parole Commission; providing for the
28	creation of regional parole boards; providing for
29	membership, powers, and duties of such boards; providing
30	for assignment of inmates to boards; conforming
31	provisions; amending s. 784.078, F.S.; conforming a cross
32	reference; repealing s. 947.01, F.S., relating to the
33	creation of the Parole Commission; repealing s. 947.022,
34	F.S., relating to terms of members of the Parole
35	Commission; transferring support for the Governor and
36	Cabinet acting in their capacity as the Executive Board of
37	Clemency from the Parole Commission to the Executive
38	Office of the Governor; providing a directive to the
39	Division of Statutory Revision; providing an effective
40	date.
41
42	Be It Enacted by the Legislature of the State of Florida:
43
44	Section 1.  Subsections (7) through (13) of section 20.315,
45	Florida Statutes, are renumbered as subsections (6) through
46	(12), respectively, and present subsection (6) of said section
47	is amended to read:
48	20.315  Department of Corrections.--There is created a
49	Department of Corrections.
50	(6)  FLORIDA CORRECTIONS COMMISSION.--
51	(a)1.  The Florida Corrections Commission is hereby
52	created. The primary focus of the commission shall be on
53	corrections; however, in those instances in which the policies
54	of other components of the criminal justice system affect
55	corrections, the commission shall advise and make
56	recommendations.
57	2.  The commission shall consist of nine members appointed
58	by the Governor subject to confirmation by the Senate. Members
59	of the commission shall serve terms of 4 years each. Members
60	must be appointed in such a manner as to equitably represent all
61	geographic areas of the state. Each member of the commission
62	must be a citizen and registered voter of the state. A member of
63	the commission shall represent the public safety needs of the
64	state as a whole and may not subordinate the needs of the state
65	to those of any particular area of the state. The commission's
66	membership should, to the extent possible, contain persons who
67	are knowledgeable about construction, health care, information
68	technology, education, business, food services, law, and inmate
69	and youthful offender rehabilitation and services.
70	3.  The commission is assigned to the office of the
71	Secretary of Corrections for administrative and fiscal
72	accountability purposes, but it shall otherwise function
73	independently of the control and direction of the Department of
74	Corrections.
75	(b)  The primary functions of the commission are to:
76	1.  Recommend major correctional policies for the
77	Governor's approval, and assure that approved policies and any
78	revisions thereto are properly executed.
79	2.  Periodically review the status of the state
80	correctional system and recommend improvements therein to the
81	Governor and the Legislature.
82	3.  Annually perform an in-depth review of community-based
83	intermediate sanctions and recommend to the Governor and the
84	Legislature intergovernmental approaches through the Community
85	Corrections Partnership Act for planning and implementing such
86	sanctions and programs.
87	4.  Perform an in-depth evaluation of the annual budget
88	request of the Department of Corrections, the comprehensive
89	correctional master plan, and the tentative construction program
90	for compliance with all applicable laws and established
91	departmental policies. The commission may not consider
92	individual construction projects, but shall consider methods of
93	accomplishing the department's goals in the most effective,
94	efficient, and businesslike manner.
95	5.  Routinely monitor the financial status of the
96	Department of Corrections to assure that the department is
97	managing revenue and any applicable bond proceeds responsibly
98	and in accordance with law and established policy.
99	6.  Evaluate, at least quarterly, the efficiency,
100	productivity, and management of the Department of Corrections,
101	using performance and production standards developed by the
102	department under former subsection (18).
103	7.  Provide public education on corrections and criminal
104	justice issues.
105	8.  Report to the President of the Senate, the Speaker of
106	the House of Representatives, and the Governor by November 1 of
107	each year.
108	9.  Resolve disputes between the Department of Corrections
109	and the contractors for the private correctional facilities
110	entered into under chapter 957 when a contractor proposes to
111	waive a rule, policy, or procedure concerning operation
112	standards.
113	(c)  The commission or a member thereof may not enter into
114	the day-to-day operation of the Department of Corrections and is
115	specifically prohibited from taking part in:
116	1.  The awarding of contracts by the department.
117	2.  The selection by the department of a consultant or
118	contractor or the prequalification by the department of any
119	individual consultant or contractor. However, the commission may
120	recommend to the Secretary of Corrections standards and policies
121	governing the procedure for selection and prequalification of
122	consultants and contractors.
123	3.  The selection by the department of a county for a
124	specific project.
125	4.  The selection by the department of a specific location
126	for a correctional facility.
127	5.  The employment, promotion, demotion, suspension,
128	transfer, or discharge of any departmental personnel.
129	6.  The enforcement of minimum standards for any county or
130	municipal detention facility.
131	(d)1.  The chair of the commission shall be selected by the
132	members for a term of 1 year.
133	2.  The commission shall hold a minimum of four regular
134	meetings annually, and other meetings may be called by the chair
135	upon giving at least 7 days' notice to all members and the
136	public pursuant to chapter 120. Meetings may also be held upon
137	the written request of at least four members, upon at least 7
138	days' notice of such meeting being given to all members and the
139	public by the chair pursuant to chapter 120. Emergency meetings
140	may be held without notice upon the request of all members. The
141	meetings of the commission shall be held in the central office
142	of the Department of Corrections in Tallahassee unless the chair
143	determines that special circumstances warrant meeting at another
144	location.
145	3.  A majority of the membership of the commission
146	constitutes a quorum at any meeting of the commission. An action
147	of the commission is not binding unless the action is taken
148	pursuant to an affirmative vote of a majority of the members
149	present, but not fewer than four members of the commission must
150	be present, and the vote must be recorded in the minutes of the
151	meeting.
152	4.  The chair shall cause to be made a complete record of
153	the proceedings of the commission, which record shall be open
154	for public inspection.
155	(e)  The commission shall appoint an executive director and
156	an assistant executive director, who shall serve under the
157	direction, supervision, and control of the commission. The
158	executive director, with the consent of the commission, shall
159	employ such staff as are necessary to perform adequately the
160	functions of the commission, within budgetary limitations. All
161	employees of the commission are exempt from part II of chapter
162	110 and serve at the pleasure of the commission. The salaries
163	and benefits of all employees of the commission shall be set in
164	accordance with the Selected Exempt Service rules; however, the
165	commission shall have complete authority for fixing the salaries
166	of the executive director and the assistant executive director.
167	(f)  Members of the commission are entitled to per diem and
168	travel expenses pursuant to s. 112.061.
169	(g)  A member of the commission may not have any interest,
170	direct or indirect, in any contract, franchise, privilege, or
171	other benefit granted or awarded by the department during the
172	term of his or her appointment and for 2 years after the
173	termination of that appointment.
174	(h)  The commission shall develop a budget pursuant to
175	chapter 216. The budget is not subject to change by the
176	department, but such budget shall be submitted to the Governor
177	along with the budget of the department.
178	Section 2.  Section 944.8041, Florida Statutes, is amended
179	to read:
180	944.8041  Elderly offenders; annual review.--For the
181	purpose of providing information to the Legislature on elderly
182	offenders within the correctional system, the Florida
183	Corrections Commission and the Correctional Medical Authority
184	shall each submit annually prepare a report on the status and
185	treatment of elderly offenders in the state-administered and
186	private state correctional systems, as well as such information
187	on the River Junction Correctional Institution. In order to
188	adequately prepare the report reports, the Department of
189	Corrections and the Department of Management Services shall
190	grant access to the Florida Corrections Commission and the
191	Correctional Medical Authority that which includes access to the
192	facilities, offenders, and any information the authority
193	requires agencies require to complete the report their reports.
194	The review shall also include an examination of promising
195	geriatric policies, practices, and programs currently
196	implemented in other correctional systems within the United
197	States. The report reports, with specific findings and
198	recommendations for implementation, shall be submitted to the
199	Governor, the President of the Senate, and the Speaker of the
200	House of Representatives on or before December 31 of each year.
201	Section 3.  Subsection (2) of section 946.40, Florida
202	Statutes, is amended to read:
203	946.40  Use of prisoners in public works.--
204	(2)  The budget of the department may be reimbursed from
205	the budget of any state agency, or state institution, or
206	political subdivision for the services of inmates and personnel
207	of the department in such amounts as may be determined by
208	agreement between the department and the head of such agency, or
209	institution, or political subdivision. However, no political
210	subdivision of the state shall be required to reimburse the
211	department for such services during a state of emergency. In
212	addition, a fiscally constrained county as defined in s.
213	985.2155 and the municipalities within such a fiscally
214	constrained county shall not be required to reimburse the state
215	for services provided pursuant to this section.
216	Section 4.  Paragraphs (c) and (e) of subsection (1) of
217	section 957.04, Florida Statutes, are amended to read:
218	957.04  Contract requirements.--
219	(1)  A contract entered into under this chapter for the
220	operation of private correctional facilities shall maximize the
221	cost savings of such facilities and shall:
222	(c)  Require that the contractor seek, obtain, and maintain
223	accreditation by the American Correctional Association for the
224	facility under that contract. Compliance with amendments to the
225	accreditation standards of the association is required upon the
226	approval of such amendments by the Department of Management
227	Services commission.
228	(e)  Establish operations standards for correctional
229	facilities subject to the contract. However, if the department
230	and the contractor disagree with an operations standard, the
231	contractor may propose to waive any rule, policy, or procedure
232	of the department related to the operations standards of
233	correctional facilities which is inconsistent with the mission
234	of the contractor to establish cost-effective, privately
235	operated correctional facilities. The Department of Management
236	Services Florida Corrections Commission shall be responsible for
237	considering all proposals from the contractor to waive any rule,
238	policy, or procedure and shall render a final decision granting
239	or denying such request.
240	Section 5.  Paragraphs (a) and (e) of subsection (5) of
241	section 957.07, Florida Statutes, are amended to read:
242	957.07  Cost-saving requirements.--
243	(5)(a)  By February 1, 2002, and Each year, thereafter as
244	needed, the Prison Per-Diem Workgroup shall develop consensus
245	per diem rates to be used when determining per diem rates of
246	privately operated prisons. The Office of Program Policy
247	Analysis and Government Accountability, the Office of the
248	Auditor General, and the staffs of the appropriations committees
249	of both the Senate and the House of Representatives are the
250	principals of the workgroup. The workgroup may consult with
251	other experts to assist in the development of the consensus per
252	diem rates. All meetings of the workgroup shall be open to the
253	public as provided in chapter 286.
254	(e)  This subsection supersedes the proviso language
255	immediately following Specific Appropriation 570 in the
256	Conference Report on CS for SB 2-C.
257	Section 6.  Section 957.12, Florida Statutes, is amended to
258	read:
259	957.12  Prohibition on contact.--A bidder or potential
260	bidder is not permitted to have any contact with any member or
261	employee of or consultant to the Department of Management
262	Services commission regarding a request for proposal, a
263	proposal, or the evaluation or selection process from the time a
264	request for proposals for a private correctional facility is
265	issued until the time a notification of intent to award is
266	announced, except if such contact is in writing or in a meeting
267	for which notice was provided in the Florida Administrative
268	Weekly.
269	Section 7.  Subsection (10) of section 20.315, Florida
270	Statutes, is amended to read:
271	20.315  Department of Corrections.--There is created a
272	Department of Corrections.
273	(10)  FORM OF COMMITMENT; NOTICE OF PAROLE VIOLATION.--All
274	commitments shall state the statutory authority therefor. The
275	Secretary of Corrections shall have the authority to prescribe
276	the form to be used for commitments. Nothing in this act shall
277	be construed to abridge the authority and responsibility of a
278	regional the parole board Commission with respect to the
279	granting and revocation of parole. The Department of Corrections
280	shall notify the original sentencing court Parole Commission of
281	all violations of parole conditions and provide reports
282	connected thereto as may be requested by the court commission.
283	The court commission shall have the authority to issue orders
284	dealing with supervision of specific parolees, and such orders
285	shall be binding on all parties.
286	Section 8.  Section 20.32, Florida Statutes, is amended to
287	read:
288	20.32  Regional parole boards Parole Commission.--
289	(1)  There is hereby established a regional parole board of
290	no less than three or more than seven members in each of the
291	regions of the Department of Corrections. The Governor shall
292	appoint members to serve on the regional parole boards as
293	provided by s. 947.02. The regional parole boards shall be
294	administratively housed within the Office of the Attorney
295	General, which shall provide administrative and staff support to
296	the boards The Parole and Probation Commission, authorized by s.
297	8(c), Art. IV, State Constitution of 1968, is continued and
298	renamed the Parole Commission. The commission retains its
299	powers, duties, and functions with respect to the granting and
300	revoking of parole and shall exercise powers, duties, and
301	functions relating to investigations of applications for
302	clemency as directed by the Governor and the Cabinet.
303	(2)  The powers and duties of the regional parole boards
304	shall be to conduct parole hearings, to grant or deny parole to
305	parole-eligible inmates, to set any special conditions for
306	parole, and such other duties as may be prescribed by law. No
307	fewer than three members must participate in hearings to grant
308	or deny parole or to set any special conditions for parole. It
309	shall require a majority vote of members participating in a
310	proceeding to grant or deny parole or set any special conditions
311	for parole All powers, duties, and functions relating to the
312	appointment of the Parole Commission as provided in s. 947.02 or
313	s. 947.021 shall be exercised and performed by the Governor and
314	the Cabinet. Except as provided in s. 947.021, each appointment
315	shall be made from among the first three eligible persons on the
316	list of the persons eligible for said position.
317	(3)  The Attorney General shall assign parole-eligible
318	inmates to the jurisdiction of a regional board based on the
319	location of the most serious offense that resulted in the
320	offender's incarceration. The Attorney General may, however,
321	assign an inmate to a different parole board than for the
322	location where the most serious offense occurred if necessary to
323	facilitate attendance of a victim or to facilitate the
324	convenience of the parole board volunteer members in cases in
325	which the inmate is physically located outside the region in
326	which the crime occurred. Parole hearings may be held by video
327	teleconference. An accurate record of all proceedings conducted
328	by video teleconference must be maintained by the Office of the
329	Attorney General The commission may require any employee of the
330	commission to give a bond for the faithful performance of his or
331	her duties. The commission may determine the amount of the bond
332	and must approve the bond. In determining the amount of the
333	bond, the commission may consider the amount of money or
334	property likely to be in custody of the officer or employee at
335	any one time. The premiums for the bonds must be paid out of the
336	funds of the commission.
337	Section 9.  Subsection (1) of section 23.21, Florida
338	Statutes, is amended to read:
339	23.21  Definitions.--For purposes of this part:
340	(1)  "Department" means a principal administrative unit
341	within the executive branch of state government, as defined in
342	chapter 20, and includes the State Board of Administration, the
343	Executive Office of the Governor, the Fish and Wildlife
344	Conservation Commission, the Parole Commission, the Agency for
345	Health Care Administration, the Board of Regents, the State
346	Board of Community Colleges, the Justice Administrative
347	Commission, the Capital Collateral Representative, and separate
348	budget entities placed for administrative purposes within a
349	department.
350	Section 10.  Paragraph (b) of subsection (2) of section
351	112.011, Florida Statutes, is amended to read:
352	112.011  Felons; removal of disqualifications for
353	employment, exceptions.--
354	(2)
355	(b)  This section shall not be applicable to the employment
356	practices of any fire department relating to the hiring of
357	firefighters. An applicant for employment with any fire
358	department with a prior felony conviction shall be excluded from
359	employment for a period of 4 years after expiration of sentence
360	or final release by the Parole Commission or a regional parole
361	board unless the applicant, prior to the expiration of the 4-
362	year period, has received a full pardon or has had his or her
363	civil rights restored.
364	Section 11.  Subsection (1) of section 186.005, Florida
365	Statutes, is amended to read:
366	186.005  Designation of departmental planning officer.--
367	(1)  The head of each executive department and the Public
368	Service Commission, the Fish and Wildlife Conservation
369	Commission, the Parole Commission, and the Department of
370	Military Affairs shall select from within such agency a person
371	to be designated as the planning officer for such agency. The
372	planning officer shall be responsible for coordinating with the
373	Executive Office of the Governor and with the planning officers
374	of other agencies all activities and responsibilities of such
375	agency relating to planning.
376	Section 12.  Subsection (3) of section 255.502, Florida
377	Statutes, is amended to read:
378	255.502  Definitions; ss. 255.501-255.525.--As used in this
379	act, the following words and terms shall have the following
380	meanings unless the context otherwise requires:
381	(3)  "Agency" means any department created by chapter 20,
382	the Executive Office of the Governor, the Fish and Wildlife
383	Conservation Commission, the Parole Commission, the State Board
384	of Administration, the Department of Military Affairs, or the
385	Legislative Branch or the Judicial Branch of state government.
386	Section 13.  Paragraph (c) of subsection (1) of section
387	322.16, Florida Statutes, is amended to read:
388	322.16  License restrictions.--
389	(1)
390	(c)  The department may further, at any time, impose other
391	restrictions on the use of the license with respect to time and
392	purpose of use or may impose any other condition or restriction
393	upon recommendation of any court, of the Parole Commission or a
394	regional parole board, or of the Department of Corrections with
395	respect to any individual who is under the jurisdiction,
396	supervision, or control of the entity that made the
397	recommendation.
398	Section 14.  Subsection (2) of section 394.926, Florida
399	Statutes, is amended to read:
400	394.926  Notice to victims of release of persons committed
401	as sexually violent predators; notice to certain agencies
402	Department of Corrections and Parole Commission.--
403	(2)  If a sexually violent predator who has an active or
404	pending term of probation, community control, parole,
405	conditional release, or other court-ordered or postprison
406	release supervision is released from custody, the department
407	must immediately notify the Department of Corrections' Office of
408	Community Corrections in Tallahassee. The regional parole board
409	with jurisdiction Parole Commission must also be immediately
410	notified of any releases of a sexually violent predator who has
411	an active or pending term of parole, conditional release, or
412	other postprison release supervision that is administered by the
413	Parole Commission.
414	Section 15.  Subsection (2) of section 394.927, Florida
415	Statutes, is amended to read:
416	394.927  Escape while in lawful custody; notice to victim;
417	notice to the Department of Corrections and regional parole
418	board Parole Commission.--
419	(2)  If a person who is held in custody pursuant to a
420	finding of probable cause or commitment as a sexually violent
421	predator escapes while in custody, the department shall
422	immediately notify the victim in accordance with s. 394.926. The
423	state attorney that filed the petition for civil commitment of
424	the escapee must also be immediately notified by the department.
425	If the escapee has an active or pending term of probation,
426	community control, parole, conditional release, or other court-
427	ordered or postprison release supervision, the department shall
428	also immediately notify the Department of Corrections' Office of
429	Community Corrections in Tallahassee. The regional parole board
430	having jurisdiction Parole Commission shall also be immediately
431	notified of an escape if the escapee has an active or pending
432	term of parole, conditional release, or other postprison release
433	supervision that is administered by the Parole Commission.
434	Section 16.  Subsection (4) of section 775.089, Florida
435	Statutes, is amended to read:
436	775.089  Restitution.--
437	(4)  If a defendant is placed on probation or paroled,
438	complete satisfaction of any restitution ordered under this
439	section shall be a condition of such probation or parole. The
440	court may revoke probation or , and the Parole Commission may
441	revoke parole, if the defendant fails to comply with such order.
442	Section 17.  Subsection (1) and paragraphs (a) and (b) of
443	subsection (2) of section 775.16, Florida Statutes, are amended
444	to read:
445	775.16  Drug offenses; additional penalties.--In addition
446	to any other penalty provided by law, a person who has been
447	convicted of sale of or trafficking in, or conspiracy to sell or
448	traffic in, a controlled substance under chapter 893, if such
449	offense is a felony, or who has been convicted of an offense
450	under the laws of any state or country which, if committed in
451	this state, would constitute the felony of selling or
452	trafficking in, or conspiracy to sell or traffic in, a
453	controlled substance under chapter 893, is:
454	(1)  Disqualified from applying for employment by any
455	agency of the state, unless:
456	(a)  The person has completed all sentences of imprisonment
457	or supervisory sanctions imposed by the court, by the Parole
458	Commission or a regional parole board, or by law; or
459	(b)  The person has complied with the conditions of
460	subparagraphs 1. and 2. which shall be monitored by the
461	Department of Corrections while the person is under any
462	supervisory sanctions. The person under supervision may:
463	1.  Seek evaluation and enrollment in, and once enrolled
464	maintain enrollment in until completion, a drug treatment and
465	rehabilitation program which is approved by the Department of
466	Children and Family Services, unless it is deemed by the program
467	that the person does not have a substance abuse problem. The
468	treatment and rehabilitation program may be specified by:
469	a.  The court, in the case of court-ordered supervisory
470	sanctions;
471	b.  The regional parole board having jurisdiction Parole
472	Commission, in the case of parole, control release, or
473	conditional release; or
474	c.  The Department of Corrections, in the case of
475	imprisonment, conditional release, control release, or any other
476	supervision required by law.
477	2.  Submit to periodic urine drug testing pursuant to
478	procedures prescribed by the Department of Corrections. If the
479	person is indigent, the costs shall be paid by the Department of
480	Corrections.
481	(2)  Disqualified from applying for a license, permit, or
482	certificate required by any agency of the state to practice,
483	pursue, or engage in any occupation, trade, vocation,
484	profession, or business, unless:
485	(a)  The person has completed all sentences of imprisonment
486	or supervisory sanctions imposed by the court, by the Parole
487	Commission or a regional parole board, or by law;
488	(b)  The person has complied with the conditions of
489	subparagraphs 1. and 2. which shall be monitored by the
490	Department of Corrections while the person is under any
491	supervisory sanction. If the person fails to comply with
492	provisions of these subparagraphs by either failing to maintain
493	treatment or by testing positive for drug use, the department
494	shall notify the licensing, permitting, or certifying agency,
495	which may refuse to reissue or reinstate such license, permit,
496	or certification. The licensee, permittee, or certificateholder
497	under supervision may:
498	1.  Seek evaluation and enrollment in, and once enrolled
499	maintain enrollment in until completion, a drug treatment and
500	rehabilitation program which is approved or regulated by the
501	Department of Children and Family Services, unless it is deemed
502	by the program that the person does not have a substance abuse
503	problem. The treatment and rehabilitation program may be
504	specified by:
505	a.  The court, in the case of court-ordered supervisory
506	sanctions;
507	b.  The regional parole board having jurisdiction Parole
508	Commission, in the case of parole, control release, or
509	conditional release; or
510	c.  The Department of Corrections, in the case of
511	imprisonment, conditional release, control release, or any other
512	supervision required by law.
513	2.  Submit to periodic urine drug testing pursuant to
514	procedures prescribed by the Department of Corrections. If the
515	person is indigent, the costs shall be paid by the Department of
516	Corrections; or
517
518	The provisions of this section do not apply to any of the taxes,
519	fees, or permits regulated, controlled, or administered by the
520	Department of Revenue in accordance with the provisions of s.
521	213.05.
522	Section 18.  Paragraph (a) of subsection (1) of section
523	784.07, Florida Statutes, is amended to read:
524	784.07  Assault or battery of law enforcement officers,
525	firefighters, emergency medical care providers, public transit
526	employees or agents, or other specified officers;
527	reclassification of offenses; minimum sentences.--
528	(1)  As used in this section, the term:
529	(a)  "Law enforcement officer" includes a law enforcement
530	officer, a correctional officer, a correctional probation
531	officer, a part-time law enforcement officer, a part-time
532	correctional officer, an auxiliary law enforcement officer, and
533	an auxiliary correctional officer, as those terms are
534	respectively defined in s. 943.10, and any county probation
535	officer; employee or agent of the Department of Corrections who
536	supervises or provides services to inmates; officer of the
537	Parole Commission; and law enforcement personnel of the Fish and
538	Wildlife Conservation Commission, the Department of
539	Environmental Protection, or the Department of Law Enforcement.
540	Section 19.  Subsection (2) of section 784.078, Florida
541	Statutes, is amended to read:
542	784.078  Battery of facility employee by throwing, tossing,
543	or expelling certain fluids or materials.--
544	(2)(a)  As used in this section, the term "employee"
545	includes any person employed by or performing contractual
546	services for a public or private entity operating a facility or
547	any person employed by or performing contractual services for
548	the corporation operating the prison industry enhancement
549	programs or the correctional work programs, pursuant to part II
550	of chapter 946.
551	(b)  "Employee" includes any person who is a parole
552	examiner with the Florida Parole Commission.
553	Section 20.  Section 843.01, Florida Statutes, is amended
554	to read:
555	843.01  Resisting officer with violence to his or her
556	person.--Whoever knowingly and willfully resists, obstructs, or
557	opposes any officer as defined in s. 943.10(1), (2), (3), (6),
558	(7), (8), or (9); member of the Parole Commission or any
559	administrative aide or supervisor employed by the commission;
560	parole and probation supervisor; county probation officer;
561	personnel or representative of the Department of Law
562	Enforcement; or other person legally authorized to execute
563	process in the execution of legal process or in the lawful
564	execution of any legal duty, by offering or doing violence to
565	the person of such officer or legally authorized person, commits
566	is guilty of a felony of the third degree, punishable as
567	provided in s. 775.082, s. 775.083, or s. 775.084.
568	Section 21.  Section 843.02, Florida Statutes, is amended
569	to read:
570	843.02  Resisting officer without violence to his or her
571	person.--Whoever shall resist, obstruct, or oppose any officer
572	as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9);
573	member of the Parole Commission or any administrative aide or
574	supervisor employed by the commission; county probation officer;
575	parole and probation supervisor; personnel or representative of
576	the Department of Law Enforcement; or other person legally
577	authorized to execute process in the execution of legal process
578	or in the lawful execution of any legal duty, without offering
579	or doing violence to the person of the officer, commits shall be
580	guilty of a misdemeanor of the first degree, punishable as
581	provided in s. 775.082 or s. 775.083.
582	Section 22.  Section 843.08, Florida Statutes, is amended
583	to read:
584	843.08  Falsely personating an officer, etc.--A person who
585	falsely assumes or pretends to be a sheriff, officer of the
586	Florida Highway Patrol, officer of the Fish and Wildlife
587	Conservation Commission, officer of the Department of
588	Environmental Protection, officer of the Department of
589	Transportation, officer of the Department of Corrections,
590	correctional probation officer, deputy sheriff, state attorney
591	or assistant state attorney, statewide prosecutor or assistant
592	statewide prosecutor, state attorney investigator, coroner,
593	police officer, lottery special agent or lottery investigator,
594	beverage enforcement agent, or watchman, or any member of the
595	Parole Commission and any administrative aide or supervisor
596	employed by the commission, or any personnel or representative
597	of the Department of Law Enforcement, and takes upon himself or
598	herself to act as such, or to require any other person to aid or
599	assist him or her in a matter pertaining to the duty of any such
600	officer, commits a felony of the third degree, punishable as
601	provided in s. 775.082, s. 775.083, or s. 775.084; however, a
602	person who falsely personates any such officer during the course
603	of the commission of a felony commits a felony of the second
604	degree, punishable as provided in s. 775.082, s. 775.083, or s.
605	775.084; except that if the commission of the felony results in
606	the death or personal injury of another human being, the person
607	commits a felony of the first degree, punishable as provided in
608	s. 775.082, s. 775.083, or s. 775.084.
609	Section 23.  Paragraph (a) of subsection (1) of section
610	893.11, Florida Statutes, is amended to read:
611	893.11  Suspension, revocation, and reinstatement of
612	business and professional licenses.--Upon the conviction in any
613	court of competent jurisdiction of any person holding a license,
614	permit, or certificate issued by a state agency, for sale of, or
615	trafficking in, a controlled substance or for conspiracy to
616	sell, or traffic in, a controlled substance, if such offense is
617	a felony, the clerk of said court shall send a certified copy of
618	the judgment of conviction with the person's license number,
619	permit number, or certificate number on the face of such
620	certified copy to the agency head by whom the convicted
621	defendant has received a license, permit, or certificate to
622	practice his or her profession or to carry on his or her
623	business. Such agency head shall suspend or revoke the license,
624	permit, or certificate of the convicted defendant to practice
625	his or her profession or to carry on his or her business. Upon a
626	showing by any such convicted defendant whose license, permit,
627	or certificate has been suspended or revoked pursuant to this
628	section that his or her civil rights have been restored or upon
629	a showing that the convicted defendant meets the following
630	criteria, the agency head may reinstate or reactivate such
631	license, permit, or certificate when:
632	(1)  The person has complied with the conditions of
633	paragraphs (a) and (b) which shall be monitored by the
634	Department of Corrections while the person is under any
635	supervisory sanction. If the person fails to comply with
636	provisions of these paragraphs by either failing to maintain
637	treatment or by testing positive for drug use, the department
638	shall notify the licensing, permitting, or certifying agency,
639	which shall revoke the license, permit, or certification. The
640	person under supervision may:
641	(a)  Seek evaluation and enrollment in, and once enrolled
642	maintain enrollment in until completion, a drug treatment and
643	rehabilitation program which is approved or regulated by the
644	Department of Children and Family Services. The treatment and
645	rehabilitation program shall be specified by:
646	1.  The court, in the case of court-ordered supervisory
647	sanctions;
648	2.  The regional parole board having jurisdiction Parole
649	Commission, in the case of parole, control release, or
650	conditional release; or
651	3.  The Department of Corrections, in the case of
652	imprisonment, conditional release, or any other supervision
653	required by law.
654
655	This section does not apply to any of the taxes, fees, or
656	permits regulated, controlled, or administered by the Department
657	of Revenue in accordance with s. 213.05.
658	Section 24.  Paragraph (a) of subsection (9) of section
659	921.001, Florida Statutes, is amended to read:
660	921.001  Sentencing Commission and sentencing guidelines
661	generally.--
662	(9)(a)  The Sentencing Commission and the office of the
663	State Courts Administrator shall conduct ongoing research on the
664	impact of the sentencing guidelines, the use of imprisonment and
665	alternatives to imprisonment, and plea bargaining. The
666	commission, with the aid of the office of the State Courts
667	Administrator, and the Department of Corrections, and the Parole
668	Commission, shall estimate the impact of any proposed changes to
669	the sentencing guidelines on future rates of incarceration and
670	levels of prison population, based in part on historical data of
671	sentencing practices which have been accumulated by the office
672	of the State Courts Administrator and on Department of
673	Corrections records reflecting average time served for offenses
674	covered by the proposed changes to the guidelines. The
675	commission shall review the projections of impact and shall make
676	them available to other appropriate agencies of state
677	government, including the Legislature, by October 1 of each
678	year.
679	Section 25.  Subsection (2) of section 921.16, Florida
680	Statutes, is amended to read:
681	921.16  When sentences to be concurrent and when
682	consecutive.--
683	(2)  A county court or circuit court of this state may
684	direct that the sentence imposed by such court be served
685	concurrently with a sentence imposed by a court of another state
686	or of the United States or, for purposes of this section,
687	concurrently with a sentence to be imposed in another
688	jurisdiction. In such case, the Department of Corrections may
689	designate the correctional institution of the other jurisdiction
690	as the place for reception and confinement of such person and
691	may also designate the place in Florida for reception and
692	confinement of such person in the event that confinement in the
693	other jurisdiction terminates before the expiration of the
694	Florida sentence. The sheriff shall forward commitment papers
695	and other documents specified in s. 944.17 to the department.
696	Upon imposing such a sentence, the court shall notify the Office
697	of the Attorney General which shall notify the appropriate
698	regional parole board Parole Commission as to the jurisdiction
699	in which the sentence is to be served. Any prisoner so released
700	to another jurisdiction shall be eligible for consideration for
701	parole by the appropriate regional parole board Parole
702	Commission pursuant to the provisions of chapter 947, except
703	that the Office of the Attorney General commission shall assist
704	the appropriate regional parole board in determining determine
705	the presumptive parole release date and the effective parole
706	release date by requesting such person's file from the receiving
707	jurisdiction. Upon receiving such records, the Office of the
708	Attorney General commission shall determine these release dates
709	based on the relevant information in that file and shall give
710	credit toward reduction of the Florida sentence for gain-time
711	granted by the jurisdiction where the inmate is serving the
712	sentence. The regional parole board Parole Commission may concur
713	in with the parole release decision of the jurisdiction granting
714	parole and accepting supervision.
715	Section 26.  Section 921.20, Florida Statutes, is amended
716	to read:
717	921.20  Classification summary; regional parole boards
718	Parole Commission.--As soon as possible after a prisoner has
719	been placed in the custody of the Department of Corrections, the
720	classification board shall furnish a classification summary to
721	the Office of the Attorney General for use by the regional
722	parole board Parole Commission for use as provided in s. 20.32
723	947.14. The summary shall include the criminal, personal,
724	social, and environmental background and other relevant factors
725	considered in classifying the prisoner for a penal environment
726	best suited for the prisoner's rapid rehabilitation.
727	Section 27.  Section 921.21, Florida Statutes, is amended
728	to read:
729	921.21  Progress reports to regional parole boards Parole
730	Commission.--From time to time the Department of Corrections
731	shall submit to the Attorney General for use by the regional
732	parole board Parole Commission progress reports and
733	recommendations regarding prisoners sentenced under s. 921.18.
734	When the classification board of the Department of Corrections
735	determines that justice and the public welfare will best be
736	served by paroling or discharging a prisoner, it shall transmit
737	its finding to the Office of the Attorney General which shall
738	forward such findings to the appropriate regional parole board
739	Parole Commission. The regional parole board commission shall
740	have the authority to place the prisoner on parole as provided
741	by law or give the prisoner a full discharge from custody. The
742	period of a parole granted by a regional parole board the Parole
743	Commission shall be in its discretion, but the parole period
744	shall not exceed the maximum term for which the prisoner was
745	sentenced.
746	Section 28.  Section 921.22, Florida Statutes, is amended
747	to read:
748	921.22  Determination of exact period of imprisonment by
749	regional parole board Parole Commission.--Upon the
750	recommendation of the Department of Corrections, a regional
751	parole board the Parole Commission shall have the authority to
752	determine the exact period of imprisonment to be served by
753	defendants sentenced under the provisions of s. 921.18, but a
754	prisoner shall not be held in custody longer than the maximum
755	sentence provided for the offense.
756	Section 29.  Section 940.03, Florida Statutes, is amended
757	to read:
758	940.03  Application for executive clemency.--When any
759	person intends to apply for remission of any fine or forfeiture
760	or the commutation of any punishment, or for pardon or
761	restoration of civil rights, he or she shall request an
762	application form from the Executive Office of the Governor
763	Parole Commission in compliance with such rules regarding
764	application for executive clemency as are adopted by the
765	Governor with the approval of two members of the Cabinet. Such
766	application may require the submission of a certified copy of
767	the applicant's indictment or information, the judgment
768	adjudicating the applicant to be guilty, and the sentence, if
769	sentence has been imposed, and may also require the applicant to
770	send a copy of the application to the judge and prosecuting
771	attorney of the court in which the applicant was convicted,
772	notifying them of the applicant's intent to apply for executive
773	clemency. An application for executive clemency for a person who
774	is sentenced to death must be filed within 1 year after the date
775	the Supreme Court issues a mandate on a direct appeal or the
776	United States Supreme Court denies a petition for certiorari,
777	whichever is later.
778	Section 30.  Subsection (3) of section 940.05, Florida
779	Statutes, is amended to read:
780	940.05  Restoration of civil rights.--Any person who has
781	been convicted of a felony may be entitled to the restoration of
782	all the rights of citizenship enjoyed by him or her prior to
783	conviction if the person has:
784	(3)  Been granted his or her final release by the regional
785	parole board having jurisdiction Parole Commission.
786	Section 31.  Subsections (2)and (3) of section 941.23,
787	Florida Statutes, are amended to read:
788	941.23  Application for issuance of requisition; by whom
789	made; contents.--
790	(2)  When the return to this state is required of a person
791	who has been convicted of a crime in this state and has escaped
792	from confinement or broken the terms of his or her bail,
793	probation, or parole, the state attorney of the county in which
794	the offense was committed, the regional parole board having
795	jurisdiction Parole Commission, the Department of Corrections,
796	or the warden of the institution or sheriff of the county, from
797	which escape was made, shall present to the Governor a written
798	application for a requisition for the return of such person, in
799	which application shall be stated the name of the person, the
800	crime of which the person was convicted, the circumstances of
801	his or her escape from confinement or of the breach of the terms
802	of his or her bail, probation, or parole, and the state in which
803	the person is believed to be, including the location of the
804	person therein at the time application is made.
805	(3)  The application shall be verified by affidavit, shall
806	be executed in duplicate, and shall be accompanied by two
807	certified copies of the indictment returned or information and
808	affidavit filed or of the complaint made to the judge, stating
809	the offense with which the accused is charged, or of the
810	judgment of conviction or of the sentence. The prosecuting
811	officer, regional parole board having jurisdiction Parole
812	Commission, Department of Corrections, warden, or sheriff may
813	also attach such further affidavits and other documents in
814	duplicate as he or she shall deem proper to be submitted with
815	such application. One copy of the application, with the action
816	of the Governor indicated by endorsement thereon, and one of the
817	certified copies of the indictment, complaint, information, and
818	affidavits or of the judgment of conviction or of the sentence
819	shall be filed in the office of the Department of State to
820	remain of record in that office. The other copies of all papers
821	shall be forwarded with the Governor's requisition.
822	Section 32.  Subsection (7) of section 943.0311, Florida
823	Statutes, is amended to read:
824	943.0311  Chief of Domestic Security Initiatives; duties of
825	the department with respect to domestic security.--
826	(7)  As used in this section, the term "state agency"
827	includes the Agency for Health Care Administration, the Agency
828	for Workforce Innovation, the Department of Agriculture and
829	Consumer Services, the Department of Business and Professional
830	Regulation, the Department of Children and Family Services, the
831	Department of Citrus, the Department of Community Affairs, the
832	Department of Corrections, the Department of Education, the
833	Department of Elderly Affairs, the Department of Environmental
834	Protection, the Department of Financial Services, the Department
835	of Health, the Department of Highway Safety and Motor Vehicles,
836	the Department of Juvenile Justice, the Department of Law
837	Enforcement, the Department of Legal Affairs, the Department of
838	Management Services, the Department of Military Affairs, the
839	Department of Revenue, the Department of State, the Department
840	of the Lottery, the Department of Transportation, the Department
841	of Veterans' Affairs, the Fish and Wildlife Conservation
842	Commission, the Parole Commission, the State Board of
843	Administration, and the Executive Office of the Governor.
844	Section 33.  Subsection (1) of section 943.06, Florida
845	Statutes, is amended to read:
846	943.06  Criminal and Juvenile Justice Information Systems
847	Council.--There is created a Criminal and Juvenile Justice
848	Information Systems Council within the department.
849	(1)  The council shall be composed of 14 members,
850	consisting of the Attorney General or a designated assistant;
851	the executive director of the Department of Law Enforcement or a
852	designated assistant; the secretary of the Department of
853	Corrections or a designated assistant; the chair of the Parole
854	Commission or a designated assistant; the Secretary of Juvenile
855	Justice or a designated assistant; the executive director of the
856	Department of Highway Safety and Motor Vehicles or a designated
857	assistant; the State Courts Administrator or a designated
858	assistant; 1 public defender appointed by the Florida Public
859	Defender Association, Inc.; 1 state attorney appointed by the
860	Florida Prosecuting Attorneys Association, Inc.; and 5 members,
861	to be appointed by the Governor, consisting of 2 sheriffs, 2
862	police chiefs, and 1 clerk of the circuit court.
863	Section 34.  Section 944.012, Florida Statutes, is amended
864	to read:
865	944.012  Legislative intent.--The Legislature hereby finds
866	and declares that:
867	(1)  Florida spends each year in excess of $60 million for
868	its state correctional system, but Florida citizens have not
869	received a fair return on that investment. Florida correctional
870	institutions have contributed little to the reduction of crime.
871	To the contrary, crime rates continue to rise; recidivism rates
872	are notoriously high; and large prisons have for the most part
873	become schools for crime, making successful reintegration into
874	the community unlikely.
875	(2)  It is clear that major changes in correctional methods
876	are required. It is essential to abate the use of large
877	institutions and continue the development of community-based
878	corrections; to equip judges with more effective evaluative
879	tools to deal with the criminal offender; and to provide
880	alternatives to institutionalization, including the availability
881	of probationers' residences and community correctional centers.
882	(1)(3)  One of the chief factors contributing to the high
883	recidivism rate in the state is the general inability of ex-
884	offenders to find or keep meaningful employment. Since Although
885	90 percent of all offenders sent to prison return to society one
886	day, the correctional system should, within available resources,
887	equip the offender has done little to provide the offender with
888	the academic and vocational skills that the offender needs to
889	return to society as a productive citizen. This failure
890	virtually guarantees the probability of return to crime.
891	Vocational training and assistance in job placement must be
892	looked to on a priority basis as an integral part of the process
893	of changing deviant behavior in the institutionalized offender,
894	when such change is determined to be possible.
895	(4)  These changes must not be made out of sympathy for the
896	criminal or out of disregard of the threat of crime to society.
897	They must be made precisely because that threat is too serious
898	to be countered by ineffective methods.
899	(2)(5)  In order to make the correctional system an
900	efficient and effective mechanism, the various agencies involved
901	in the correctional process must coordinate their efforts. Where
902	possible, interagency offices should be physically located
903	within major institutions and should include representatives of
904	the Agency for Workforce Innovation Florida State Employment
905	Service, and the vocational rehabilitation programs of the
906	Department of Education, and the Parole Commission. Duplicative
907	and unnecessary methods of evaluating offenders must be
908	eliminated and areas of responsibility consolidated in order to
909	more economically utilize present scarce resources.
910	(3)(6)  It is the intent of the Legislature:
911	(a)  To provide a mechanism for the early identification,
912	evaluation, and treatment of behavioral disorders of adult
913	offenders coming into contact with the correctional system.
914	(b)  To separate dangerous or repeat offenders from
915	nondangerous offenders, who have potential for rehabilitation,
916	and place dangerous offenders in secure and manageable
917	institutions.
918	(c)  When possible, to divert from expensive institutional
919	commitment those individuals who, by virtue of professional
920	diagnosis and evaluation, can be placed in less costly and more
921	effective environments and programs better suited for their
922	rehabilitation and the protection of society.
923	(d)  To make available to those offenders who are capable
924	of rehabilitation the job training and job placement assistance
925	they need to build meaningful and productive lives when they
926	return to the community.
927	(e)  To provide intensive and meaningful supervision for
928	those on probation so that the condition or situation which
929	caused the person to commit the crime is corrected.
930	Section 35.  Section 944.02, Florida Statutes, is amended
931	to read:
932	944.02  Definitions.--The following words and phrases used
933	in this chapter shall, unless the context clearly indicates
934	otherwise, have the following meanings:
935	(1)  "Commission" means the Parole Commission.
936	(1)(2)  "Correctional system" means all prisons and other
937	state correctional institutions now existing or hereafter
938	created under the jurisdiction of the Department of Corrections.
939	(2)(3)  "Department" means the Department of Corrections.
940	(3)(4)  "Elderly offender" means a prisoner age 50 or older
941	in a state correctional institution or facility operated by the
942	Department of Corrections or the Department of Management
943	Services.
944	(4)(5)  "Lease-purchase agreement" means an installment
945	sales contract which requires regular payments with an interest
946	charge included and which provides that the lessee receive title
947	to the property upon final payment.
948	(5)(6)  "Prisoner" means any person who is under civil or
949	criminal arrest and in the lawful custody of any law enforcement
950	official, or any person committed to or detained in any
951	municipal or county jail or state prison, prison farm, or
952	penitentiary, or to the custody of the department pursuant to
953	lawful authority.
954	(6)  "Regional parole board" means a regional parole board
955	established pursuant to s. 20.32.
956	(7)  "Secretary" means the Secretary of Corrections.
957	(8)  "State correctional institution" means any prison,
958	road camp, prison industry, prison forestry camp, or any prison
959	camp or prison farm or other correctional facility, temporary or
960	permanent, in which prisoners are housed, worked, or maintained,
961	under the custody and jurisdiction of the department.
962	Section 36.  Subsection (5) of section 944.024, Florida
963	Statutes, is amended to read:
964	944.024  Adult intake and evaluation.--The state system of
965	adult intake and evaluation shall include:
966	(5)  The performance of postsentence intake by the
967	department. Any physical facility established by the department
968	for the intake and evaluation process prior to the offender's
969	entry into the correctional system shall provide for specific
970	office and work areas for the staff assisting any regional
971	parole board of the commission. The purpose of such a physical
972	center shall be to combine in one place as many of the
973	rehabilitation-related functions as possible, including pretrial
974	and posttrial evaluation, parole and probation services,
975	vocational rehabilitation services, family assistance services
976	of the Department of Children and Family Services, and all other
977	rehabilitative and correctional services dealing with the
978	offender.
979	Section 37.  Section 944.23, Florida Statutes, is amended
980	to read:
981	944.23  Persons authorized to visit state prisons.--The
982	following persons shall be authorized to visit at their pleasure
983	all state correctional institutions: The Governor, all Cabinet
984	members, members of the Legislature, judges of state courts,
985	state attorneys, and public defenders, and authorized
986	representatives of the commission. No other person not otherwise
987	authorized by law shall be permitted to enter a state
988	correctional institution except under such regulations as the
989	department may prescribe. Permission shall not be unreasonably
990	withheld from those who give sufficient evidence to the
991	department that they are bona fide reporters or writers.
992	Section 38.  Subsection (2) of section 944.291, Florida
993	Statutes, is amended to read:
994	944.291  Prisoner released by reason of gain-time
995	allowances or attainment of provisional release date.--
996	(2)  Any prisoner who is convicted of a crime committed on
997	or after October 1, 1988, which crime is contained in category
998	1, category 2, category 3, or category 4 of Rule 3.701 and Rule
999	3.988, Florida Rules of Criminal Procedure, and who has served
1000	at least one prior felony commitment at a state or federal
1001	correctional institution, or is sentenced as a habitual or
1002	violent habitual offender pursuant to s. 775.084, may only be
1003	released under conditional release supervision as described in
1004	chapter 947. Not fewer than 90 days prior to the tentative
1005	release date or provisional release date, whichever is earlier,
1006	the department shall provide the original sentencing court
1007	commission with the name and inmate identification number for
1008	each eligible inmate.
1009	Section 39.  Paragraph (b) of subsection (2) of section
1010	944.4731, Florida Statutes, is amended to read:
1011	944.4731  Addiction-Recovery Supervision Program.--
1012	(2)
1013	(b)  An offender released under addiction-recovery
1014	supervision shall be subject to specified terms and conditions,
1015	including payment of the costs of supervision under s. 948.09
1016	and any other court-ordered payments, such as child support and
1017	restitution. If an offender has received a term of probation or
1018	community control to be served after release from incarceration,
1019	the period of probation or community control may not be
1020	substituted for addiction-recovery supervision and shall follow
1021	the term of addiction-recovery supervision. The original
1022	sentencing court A panel of not fewer than two parole
1023	commissioners shall establish the terms and conditions of
1024	supervision, and the terms and conditions must be included in
1025	the supervision order. In setting the terms and conditions of
1026	supervision, the court parole commission shall weigh heavily the
1027	program requirements, including, but not limited to, work at
1028	paid employment while participating in treatment and traveling
1029	restrictions. The court commission shall also determine whether
1030	an offender violates the terms and conditions of supervision and
1031	whether a violation warrants revocation of addiction-recovery
1032	supervision pursuant to s. 947.141. The court parole commission
1033	shall review the offender's record for the purpose of
1034	establishing the terms and conditions of supervision. The court
1035	parole commission may impose any special conditions it considers
1036	warranted from its review of the record. The length of
1037	supervision may not exceed the maximum penalty imposed by the
1038	court.
1039	Section 40.  Paragraph (b) of subsection (1) and paragraph
1040	(b) of subsection (6) of section 945.091, Florida Statutes, are
1041	amended to read:
1042	945.091  Extension of the limits of confinement;
1043	restitution by employed inmates.--
1044	(1)  The department may adopt rules permitting the
1045	extension of the limits of the place of confinement of an inmate
1046	as to whom there is reasonable cause to believe that the inmate
1047	will honor his or her trust by authorizing the inmate, under
1048	prescribed conditions and following investigation and approval
1049	by the secretary, or the secretary's designee, who shall
1050	maintain a written record of such action, to leave the confines
1051	of that place unaccompanied by a custodial agent for a
1052	prescribed period of time to:
1053	(b)  Work at paid employment, participate in an education
1054	or a training program, or voluntarily serve a public or
1055	nonprofit agency or faith-based service group in the community,
1056	while continuing as an inmate of the institution or facility in
1057	which the inmate is confined, except during the hours of his or
1058	her employment, education, training, or service and traveling
1059	thereto and therefrom. An inmate may travel to and from his or
1060	her place of employment, education, or training only by means of
1061	walking, bicycling, or using public transportation or
1062	transportation that is provided by a family member or employer.
1063	Contingent upon specific appropriations, the department may
1064	transport an inmate in a state-owned vehicle if the inmate is
1065	unable to obtain other means of travel to his or her place of
1066	employment, education, or training.
1067	1.  An inmate may participate in paid employment only
1068	during the last 36 months of his or her confinement, unless
1069	sooner requested by the regional parole board having
1070	jurisdiction Parole Commission or the Control Release Authority.
1071	2.  While working at paid employment and residing in the
1072	facility, an inmate may apply for placement at a contracted
1073	substance abuse transition housing program. The transition
1074	assistance specialist shall inform the inmate of program
1075	availability and assess the inmate's need and suitability for
1076	transition housing assistance. If an inmate is approved for
1077	placement, the specialist shall assist the inmate. If an inmate
1078	requests and is approved for placement in a contracted faith-
1079	based substance abuse transition housing program, the specialist
1080	must consult with the chaplain prior to such placement. The
1081	department shall ensure that an inmate's faith orientation, or
1082	lack thereof, will not be considered in determining admission to
1083	a faith-based program and that the program does not attempt to
1084	convert an inmate toward a particular faith or religious
1085	preference.
1086	(6)
1087	(b)  An offender who is required to provide restitution or
1088	reparation may petition the circuit court to amend the amount of
1089	restitution or reparation required or to revise the schedule of
1090	repayment established by the department, a regional parole
1091	board, or the Parole Commission.
1092	Section 41.  Paragraph (d) of subsection (1), paragraphs
1093	(a) and (b) of subsection (2), and subsection (5) of section
1094	945.10, Florida Statutes, are amended to read:
1095	945.10  Confidential information.--
1096	(1)  Except as otherwise provided by law or in this
1097	section, the following records and information held by the
1098	Department of Corrections are confidential and exempt from the
1099	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1100	Constitution:
1101	(d)  Parole Commission Records of a regional parole board
1102	that which are confidential or exempt from public disclosure by
1103	law.
1104	(2)  The records and information specified in paragraphs
1105	(1)(a)-(h) may be released as follows unless expressly
1106	prohibited by federal law:
1107	(a)  Information specified in paragraphs (1)(b), (d), and
1108	(f) to the Office of the Governor, the Legislature, a regional
1109	parole board the Parole Commission, the Department of Children
1110	and Family Services, a private correctional facility or program
1111	that operates under a contract, the Department of Legal Affairs,
1112	a state attorney, the court, or a law enforcement agency. A
1113	request for records or information pursuant to this paragraph
1114	need not be in writing.
1115	(b)  Information specified in paragraphs (1)(c), (e), and
1116	(h) to the Office of the Governor, the Legislature, a regional
1117	parole board the Parole Commission, the Department of Children
1118	and Family Services, a private correctional facility or program
1119	that operates under contract, the Department of Legal Affairs, a
1120	state attorney, the court, or a law enforcement agency. A
1121	request for records or information pursuant to this paragraph
1122	must be in writing and a statement provided demonstrating a need
1123	for the records or information.
1124
1125	Records and information released under this subsection remain
1126	confidential and exempt from the provisions of s. 119.07(1) and
1127	s. 24(a), Art. I of the State Constitution when held by the
1128	receiving person or entity.
1129	(5)  The Department of Corrections and the regional parole
1130	board Parole Commission shall mutually cooperate with respect to
1131	maintaining the confidentiality of records that are exempt from
1132	the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1133	Constitution.
1134	Section 42.  Subsection (3) of section 945.47, Florida
1135	Statutes, is amended to read:
1136	945.47  Discharge of inmate from mental health treatment.--
1137	(3)  At any time that an inmate who has received mental
1138	health treatment while in the custody of the department becomes
1139	eligible for release on parole, a complete record of the
1140	inmate's treatment shall be provided to the regional parole
1141	board having jurisdiction Parole Commission and to the
1142	Department of Children and Family Services. The record shall
1143	include, at least, the inmate's diagnosis, length of stay in
1144	treatment, clinical history, prognosis, prescribed medication,
1145	and treatment plan and recommendations for aftercare services.
1146	In the event that the inmate is released on parole, the record
1147	shall be provided to the parole officer who shall assist the
1148	inmate in applying for services from a professional or an agency
1149	in the community. The application for treatment and continuation
1150	of treatment by the inmate may be made a condition of parole, as
1151	provided in s. 947.19(1); and a failure to participate in
1152	prescribed treatment may be a basis for initiation of parole
1153	violation hearings.
1154	Section 43.  Subsection (6) of section 945.73, Florida
1155	Statutes, is amended to read:
1156	945.73  Inmate training program operation.--
1157	(6)  The department shall work cooperatively with the
1158	Control Release Authority, the regional parole board Florida
1159	Parole Commission, or such other authority as may exist or be
1160	established in the future that which is empowered by law to
1161	effect the release of an inmate who has successfully completed
1162	the requirements established by ss. 945.71-945.74.
1163	Section 44.  Subsections (3), (4), and (5) of section
1164	947.002, Florida Statutes, are amended to read:
1165	947.002  Intent.--
1166	(3)  The chair shall be the agency head. While the
1167	commission is responsible for making decisions on the granting
1168	and revoking of parole, the chair shall establish, execute, and
1169	be held accountable for all administrative policy decisions. The
1170	routine administrative decisions are the full responsibility of
1171	the chair.
1172	(4)  Hearing examiners are assigned on the basis of
1173	caseload needs as determined by the chair.
1174	(3)(5)  It is the intent of the Legislature that the
1175	decision to parole an inmate from the incarceration portion of
1176	the inmate's sentence is an act of grace of the state and shall
1177	not be considered a right.
1178	Section 45.  Subsection (1) of section 947.005, Florida
1179	Statutes, is amended to read:
1180	947.005  Definitions.--As used in this chapter, unless the
1181	context clearly indicates otherwise:
1182	(1)  "Regional parole board" means a regional parole board
1183	established pursuant to 20.32 "Commission" means the Parole
1184	Commission.
1185	Section 46.  Subsections (1) through (4) of section 947.02,
1186	Florida Statutes, are amended, and subsection (6) is added to
1187	said section, read:
1188	947.02  Regional parole boards Parole Commission; members,
1189	appointment.--
1190	(1)  Except as provided in s. 947.021, the members of each
1191	regional parole board the Parole Commission shall be appointed
1192	by the Governor and Cabinet from a list of eligible applicants
1193	submitted by a parole qualifications committee. The appointments
1194	of members of the commission shall be certified to the Senate by
1195	the Governor and Cabinet for confirmation, and the membership of
1196	the commission shall include representation from minority
1197	persons as defined in s. 288.703.
1198	(2)  A parole qualifications committee shall consist of
1199	five persons who are appointed by the Governor and Cabinet. One
1200	member shall be designated as chair by the Governor and Cabinet.
1201	The committee shall provide for statewide advertisement
1202	throughout the region and the receiving of applications for any
1203	position or positions on the commission and shall devise a plan
1204	for the determination of the qualifications of the applicants by
1205	investigations and comprehensive evaluations, including, but not
1206	limited to, investigation and evaluation of the character,
1207	habits, and philosophy of each applicant. Each parole
1208	qualifications committee shall exist for 2 years. If additional
1209	vacancies on a regional parole board the commission occur during
1210	this 2-year period, the committee may advertise and accept
1211	additional applications; however, all previously submitted
1212	applications shall be considered along with the new applications
1213	according to the previously established plan for the evaluation
1214	of the qualifications of applicants.
1215	(3)  Within 90 days before an anticipated vacancy by
1216	expiration of term pursuant to s. 947.03 or upon any other
1217	vacancy, the Governor and Cabinet shall appoint a parole
1218	qualifications committee if one has not been appointed during
1219	the previous 2 years. The committee shall consider applications
1220	for the board vacancy commission seat, including the application
1221	of an incumbent board member commissioner if he or she applies,
1222	according to the provisions of subsection (2). The committee
1223	shall submit a list of three eligible applicants, which may
1224	include the incumbent if the committee so decides, without
1225	recommendation, to the Governor and Cabinet for appointment to
1226	the board commission. In the case of an unexpired term, the
1227	appointment must be for the remainder of the unexpired term and
1228	until a successor is appointed and qualified. If more than one
1229	seat is vacant, the committee shall submit a list of eligible
1230	applicants, without recommendation, containing a number of names
1231	equal to three times the number of vacant seats; however, the
1232	names submitted shall not be distinguished by seat, and each
1233	submitted applicant shall be considered eligible for each
1234	vacancy.
1235	(4)  Upon receiving a list of eligible persons from the
1236	parole qualifications committee, the Governor and Cabinet may
1237	reject the list. If the list is rejected, the committee shall
1238	reinitiate the application and examination procedure according
1239	to the provisions of subsection (2).
1240	(6)  Members of the regional parole boards shall be
1241	volunteers and shall not receive compensation for their
1242	services. They shall, however, receive reimbursement for travel
1243	expenses and other expenses incurred in carrying out their
1244	official responsibilities as provided in s. 112.061.
1245	Section 47.  Section 947.021, Florida Statutes, is amended
1246	to read:
1247	947.021  Regional parole boards Parole Commission;
1248	expedited appointments.--Whenever the Legislature decreases the
1249	membership of the regional parole boards commission, all terms
1250	of office shall expire, notwithstanding any law to the contrary.
1251	Under such circumstances, the Governor and Cabinet shall
1252	expedite the appointment of commissioners. Notwithstanding the
1253	parole qualifications committee procedure in s. 947.02, members
1254	shall be directly appointed by the Governor and Cabinet. Members
1255	appointed to the boards commission may be selected from
1256	incumbents. Members shall be certified to the Senate by the
1257	Governor and Cabinet for confirmation, and the membership of the
1258	commission shall include representation from minority persons as
1259	defined in s. 288.703.
1260	Section 48.  Subsections (2) through (7) and subsection (9)
1261	of section 947.1405, Florida Statutes, are amended to read:
1262	947.1405  Conditional release program.--
1263	(2)  Any inmate who:
1264	(a)  Is convicted of a crime committed on or after October
1265	1, 1988, and before January 1, 1994, and any inmate who is
1266	convicted of a crime committed on or after January 1, 1994,
1267	which crime is or was contained in category 1, category 2,
1268	category 3, or category 4 of Rule 3.701 and Rule 3.988, Florida
1269	Rules of Criminal Procedure (1993), and who has served at least
1270	one prior felony commitment at a state or federal correctional
1271	institution;
1272	(b)  Is sentenced as a habitual or violent habitual
1273	offender or a violent career criminal pursuant to s. 775.084; or
1274	(c)  Is found to be a sexual predator under s. 775.21 or
1275	former s. 775.23,
1276
1277	shall, upon reaching the tentative release date or provisional
1278	release date, whichever is earlier, as established by the
1279	Department of Corrections, be released under supervision subject
1280	to specified terms and conditions, including payment of the cost
1281	of supervision pursuant to s. 948.09. Such supervision shall be
1282	applicable to all sentences within the overall term of sentences
1283	if an inmate's overall term of sentences includes one or more
1284	sentences that are eligible for conditional release supervision
1285	as provided herein. Effective July 1, 1994, and applicable for
1286	offenses committed on or after that date, the sentencing court
1287	commission may require, as a condition of conditional release,
1288	that the releasee make payment of the debt due and owing to a
1289	county or municipal detention facility under s. 951.032 for
1290	medical care, treatment, hospitalization, or transportation
1291	received by the releasee while in that detention facility. The
1292	court commission, in determining whether to order such repayment
1293	and the amount of such repayment, shall consider the amount of
1294	the debt, whether there was any fault of the institution for the
1295	medical expenses incurred, the financial resources of the
1296	releasee, the present and potential future financial needs and
1297	earning ability of the releasee, and dependents, and other
1298	appropriate factors. If Any inmate placed on conditional release
1299	supervision shall be supervised by is also subject to probation
1300	or community control, resulting from a probationary or community
1301	control split sentence within the overall term of sentences, the
1302	Department of Corrections which shall supervise such person
1303	according to the conditions imposed by the court and the
1304	commission shall defer to such supervision. If the court revokes
1305	probation or community control and resentences the offender to a
1306	term of incarceration, such revocation also constitutes a
1307	sufficient basis for the revocation of the conditional release
1308	supervision on any nonprobationary or noncommunity control
1309	sentence without further hearing by the commission. If any such
1310	supervision on any nonprobationary or noncommunity control
1311	sentence is revoked, such revocation may result in a forfeiture
1312	of all gain-time, and the court commission may revoke the
1313	resulting deferred conditional release supervision or take other
1314	action it considers appropriate. If the term of conditional
1315	release supervision exceeds that of the probation or community
1316	control, then, upon expiration of the probation or community
1317	control, authority for the supervision shall revert to the
1318	commission and the supervision shall be subject to the
1319	conditions of conditional release imposed by the court
1320	commission. The original sentencing court A panel of no fewer
1321	than two commissioners shall establish the terms and conditions
1322	of conditional release at the time of initial sentencing or
1323	prior to release of the inmate if terms and conditions were not
1324	established at the initial sentencing any such release. The
1325	court may alter the original terms of conditional release at any
1326	time based on any additional information that may become
1327	available. If the offense was a controlled substance violation,
1328	the conditions shall include a requirement that the offender
1329	submit to random substance abuse testing intermittently
1330	throughout the term of conditional release supervision, upon the
1331	direction of the correctional probation officer as defined in s.
1332	943.10(3). The court commission shall also determine whether the
1333	terms and conditions of such release have been violated and
1334	whether such violation warrants revocation of the conditional
1335	release.
1336	(3)  As part of the conditional release process, the court
1337	commission, through review and consideration of information
1338	provided by the state attorney, victim, and department, shall
1339	determine:
1340	(a)  The amount of reparation or restitution.
1341	(b)  The consequences of the offense as reported by the
1342	aggrieved party.
1343	(c)  The aggrieved party's fear of the inmate or concerns
1344	about the release of the inmate.
1345	(4)  The department commission shall provide to the
1346	aggrieved party information regarding the manner in which notice
1347	of any developments concerning the status of the inmate during
1348	the term of conditional release may be requested.
1349	(5)  Within 180 days prior to the tentative release date or
1350	provisional release date, whichever is earlier, a representative
1351	of the department shall review the inmate's program
1352	participation, disciplinary record, psychological and medical
1353	records, criminal records, and any other information pertinent
1354	to the impending release and shall provide this information to
1355	the original sentencing court. The department shall gather and
1356	compile information necessary for the commission to make the
1357	determinations set forth in subsection (3). This shall include
1358	information developed during A department representative shall
1359	conduct a personal interview with the inmate for the purpose of
1360	determining the details of the inmate's release plan, including
1361	the inmate's planned residence and employment. The department
1362	representative shall forward the inmate's release plan to the
1363	court commission and recommend terms and conditions of
1364	conditional release or any modifications to the original
1365	commission the terms and conditions of the conditional release
1366	established by the court.
1367	(6)  The court commission shall review the recommendations
1368	of the department, and such other information as it deems
1369	relevant, and may conduct a review of the inmate's record for
1370	the purpose of modifying or establishing the terms and
1371	conditions of the conditional release. The court commission may
1372	impose any special conditions it considers warranted from its
1373	review of the release plan and recommendation. If the court
1374	commission determines that the inmate is eligible for release
1375	under this section, it the commission shall enter an order
1376	establishing the length of supervision and the conditions
1377	attendant thereto. However, an inmate who has been convicted of
1378	a violation of chapter 794 or found by the court to be a sexual
1379	predator is subject to the maximum level of supervision
1380	provided, with the mandatory conditions as required in
1381	subsection (7), and that supervision shall continue through the
1382	end of the releasee's original court-imposed sentence. The
1383	length of supervision must not exceed the maximum penalty
1384	imposed by the court.
1385	(7)(a)  Any inmate who is convicted of a crime committed on
1386	or after October 1, 1995, or who has been previously convicted
1387	of a crime committed on or after October 1, 1995, in violation
1388	of chapter 794, s. 800.04, s. 827.071, or s. 847.0145, and is
1389	subject to conditional release supervision, shall have, in
1390	addition to any other conditions imposed, the following special
1391	conditions imposed by the commission:
1392	1.  A mandatory curfew from 10 p.m. to 6 a.m. The court
1393	commission may designate another 8-hour period if the offender's
1394	employment precludes the above specified time, and such
1395	alternative is recommended by the Department of Corrections. If
1396	the court commission determines that imposing a curfew would
1397	endanger the victim, the commission may consider alternative
1398	sanctions.
1399	2.  If the victim was under the age of 18, a prohibition on
1400	living within 1,000 feet of a school, day care center, park,
1401	playground, designated public school bus stop, or other place
1402	where children regularly congregate. A releasee who is subject
1403	to this subparagraph may not relocate to a residence that is
1404	within 1,000 feet of a public school bus stop. Beginning October
1405	1, 2004, the commission or the department may not approve a
1406	residence that is located within 1,000 feet of a school, day
1407	care center, park, playground, designated school bus stop, or
1408	other place where children regularly congregate for any releasee
1409	who is subject to this subparagraph. On October 1, 2004, the
1410	department shall notify each affected school district of the
1411	location of the residence of a releasee 30 days prior to release
1412	and thereafter, if the releasee relocates to a new residence,
1413	shall notify any affected school district of the residence of
1414	the releasee within 30 days after relocation. If, on October 1,
1415	2004, any public school bus stop is located within 1,000 feet of
1416	the existing residence of such releasee, the district school
1417	board shall relocate that school bus stop. Beginning October 1,
1418	2004, a district school board may not establish or relocate a
1419	public school bus stop within 1,000 feet of the residence of a
1420	releasee who is subject to this subparagraph. The failure of the
1421	district school board to comply with this subparagraph shall not
1422	result in a violation of conditional release supervision.
1423	3.  Active participation in and successful completion of a
1424	sex offender treatment program with therapists specifically
1425	trained to treat sex offenders, at the releasee's own expense.
1426	If a specially trained therapist is not available within a 50-
1427	mile radius of the releasee's residence, the offender shall
1428	participate in other appropriate therapy.
1429	4.  A prohibition on any contact with the victim, directly
1430	or indirectly, including through a third person, unless approved
1431	by the victim, the offender's therapist, and the sentencing
1432	court.
1433	5.  If the victim was under the age of 18, a prohibition
1434	against direct contact or association with children under the
1435	age of 18 until all of the following conditions are met:
1436	a.  Successful completion of a sex offender treatment
1437	program.
1438	b.  The adult person who is legally responsible for the
1439	welfare of the child has been advised of the nature of the
1440	crime.
1441	c.  Such adult person is present during all contact or
1442	association with the child.
1443	d.  Such adult person has been approved by the commission.
1444	6.  If the victim was under age 18, a prohibition on
1445	working for pay or as a volunteer at any school, day care
1446	center, park, playground, or other place where children
1447	regularly congregate, as prescribed by the commission.
1448	7.  Unless otherwise indicated in the treatment plan
1449	provided by the sexual offender treatment program, a prohibition
1450	on viewing, owning, or possessing any obscene, pornographic, or
1451	sexually stimulating visual or auditory material, including
1452	telephone, electronic media, computer programs, or computer
1453	services that are relevant to the offender's deviant behavior
1454	pattern.
1455	8.  A requirement that the releasee must submit two
1456	specimens of blood to the Florida Department of Law Enforcement
1457	to be registered with the DNA database.
1458	9.  A requirement that the releasee make restitution to the
1459	victim, as determined by the sentencing court or the commission,
1460	for all necessary medical and related professional services
1461	relating to physical, psychiatric, and psychological care.
1462	10.  Submission to a warrantless search by the community
1463	control or probation officer of the probationer's or community
1464	controllee's person, residence, or vehicle.
1465	(b)  For a releasee whose crime was committed on or after
1466	October 1, 1997, in violation of chapter 794, s. 800.04, s.
1467	827.071, or s. 847.0145, and who is subject to conditional
1468	release supervision, in addition to any other provision of this
1469	subsection, the commission shall impose the following additional
1470	conditions of conditional release supervision are hereby
1471	imposed:
1472	1.  As part of a treatment program, participation in a
1473	minimum of one annual polygraph examination to obtain
1474	information necessary for risk management and treatment and to
1475	reduce the sex offender's denial mechanisms. The polygraph
1476	examination must be conducted by a polygrapher trained
1477	specifically in the use of the polygraph for the monitoring of
1478	sex offenders, where available, and at the expense of the sex
1479	offender. The results of the polygraph examination shall not be
1480	used as evidence in a hearing to prove that a violation of
1481	supervision has occurred.
1482	2.  Maintenance of a driving log and a prohibition against
1483	driving a motor vehicle alone without the prior approval of the
1484	supervising officer.
1485	3.  A prohibition against obtaining or using a post office
1486	box without the prior approval of the supervising officer.
1487	4.  If there was sexual contact, a submission to, at the
1488	probationer's or community controllee's expense, an HIV test
1489	with the results to be released to the victim or the victim's
1490	parent or guardian.
1491	5.  Electronic monitoring of any form when ordered by the
1492	commission.
1493	(9)  The department commission shall adopt rules pursuant
1494	to ss. 120.536(1) and 120.54 necessary to implement the
1495	provisions of the Conditional Release Program Act.
1496	Section 49.  Section 947.141, Florida Statutes, is amended
1497	to read:
1498	947.141  Violations of conditional release, control
1499	release, or conditional medical release or addiction-recovery
1500	supervision.--
1501	(1)  If a member of the court commission or a duly
1502	authorized representative of the commission has reasonable
1503	grounds to believe that an offender who is on release
1504	supervision under s. 947.1405, s. 947.146, s. 947.149, or s.
1505	944.4731 has violated the terms and conditions of the release in
1506	a material respect, the court such member or representative may
1507	cause a warrant to be issued for the arrest of the releasee; if
1508	the offender was found to be a sexual predator, the warrant must
1509	be issued.
1510	(2)  Upon the arrest on a felony charge of an offender who
1511	is on release supervision under s. 947.1405, s. 947.146, s.
1512	947.149, or s. 944.4731, the offender must be detained without
1513	bond until the initial appearance of the offender at which a
1514	judicial determination of probable cause is made. If the trial
1515	court judge determines that there was no probable cause for the
1516	arrest, the offender may be released. If the trial court judge
1517	determines that there was probable cause for the arrest, such
1518	determination also constitutes reasonable grounds to believe
1519	that the offender violated the conditions of the release. Within
1520	24 hours after the trial court judge's finding of probable
1521	cause, the detention facility administrator or designee shall
1522	notify the commission and the department of the finding and
1523	transmit to each a facsimile copy of the probable cause
1524	affidavit or the sworn offense report upon which the trial court
1525	judge's probable cause determination is based. The offender must
1526	continue to be detained without bond for a period not exceeding
1527	72 hours excluding weekends and holidays after the date of the
1528	probable cause determination, pending a decision by the court
1529	commission whether to issue a warrant charging the offender with
1530	violation of the conditions of release. Upon the issuance of the
1531	court's commission's warrant, the offender must continue to be
1532	held in custody pending a revocation hearing held in accordance
1533	with this section.
1534	(3)  Within 45 days after notice to the Parole Commission
1535	of the arrest of a releasee charged with a violation of the
1536	terms and conditions of conditional release, control release,
1537	conditional medical release, or addiction-recovery supervision,
1538	the releasee must be afforded a hearing conducted by a judge
1539	commissioner or a duly authorized representative thereof. If the
1540	releasee elects to proceed with a hearing, the releasee must be
1541	informed orally and in writing of the following:
1542	(a)  The alleged violation with which the releasee is
1543	charged.
1544	(b)  The releasee's right to be represented by counsel.
1545	(c)  The releasee's right to be heard in person.
1546	(d)  The releasee's right to secure, present, and compel
1547	the attendance of witnesses relevant to the proceeding.
1548	(e)  The releasee's right to produce documents on the
1549	releasee's own behalf.
1550	(f)  The releasee's right of access to all evidence used
1551	against the releasee and to confront and cross-examine adverse
1552	witnesses.
1553	(g)  The releasee's right to waive the hearing.
1554	(4)  Within a reasonable time following the hearing, the
1555	judge commissioner or the judge's commissioner's duly authorized
1556	representative who conducted the hearing shall make findings of
1557	fact in regard to the alleged violation. The judge A panel of no
1558	fewer than two commissioners shall enter an order determining
1559	whether the charge of violation of conditional release, control
1560	release, conditional medical release, or addiction-recovery
1561	supervision has been sustained based upon his or her the
1562	findings of fact or by the findings of the duly presented by the
1563	hearing commissioner or authorized representative. By such
1564	order, the court panel may revoke conditional release, control
1565	release, conditional medical release, or addiction-recovery
1566	supervision and thereby return the releasee to prison to serve
1567	the sentence imposed, reinstate the original order granting the
1568	release, or enter such other order as it considers proper.
1569	Effective for inmates whose offenses were committed on or after
1570	July 1, 1995, the court panel may order the placement of a
1571	releasee, upon a finding of violation pursuant to this
1572	subsection, into a local detention facility as a condition of
1573	supervision.
1574	(5)  Effective for inmates whose offenses were committed on
1575	or after July 1, 1995, notwithstanding the provisions of ss.
1576	775.08, former 921.001, 921.002, 921.187, 921.188, 944.02, and
1577	951.23, or any other law to the contrary, by such order as
1578	provided in subsection (4), the court panel, upon a finding of
1579	guilt, may, as a condition of continued supervision, place the
1580	releasee in a local detention facility for a period of
1581	incarceration not to exceed 22 months. Prior to the expiration
1582	of the term of incarceration, or upon recommendation of the
1583	chief correctional officer of that county, the court commission
1584	shall cause inquiry into the inmate's release plan and custody
1585	status in the detention facility and consider whether to restore
1586	the inmate to supervision, modify the conditions of supervision,
1587	or enter an order of revocation, thereby causing the return of
1588	the inmate to prison to serve the sentence imposed. The
1589	provisions of this section do not prohibit the court panel from
1590	entering such other order or conducting any investigation that
1591	it deems proper. The court commission may only place a person in
1592	a local detention facility pursuant to this section if there is
1593	a contractual agreement between the chief correctional officer
1594	of that county and the Department of Corrections. The agreement
1595	must provide for a per diem reimbursement for each person placed
1596	under this section, which is payable by the Department of
1597	Corrections for the duration of the offender's placement in the
1598	facility. This section does not limit the court's commission's
1599	ability to place a person in a local detention facility for less
1600	than 1 year.
1601	(6)  Whenever a conditional release, control release,
1602	conditional medical release, or addiction-recovery supervision
1603	is revoked as provided by this section by a panel of no fewer
1604	than two commissioners and the releasee is ordered to be
1605	returned to prison, the releasee, by reason of the misconduct,
1606	shall be deemed to have forfeited all gain-time or commutation
1607	of time for good conduct, as provided for by law, earned up to
1608	the date of release. However, if a conditional medical release
1609	is revoked due to the improved medical or physical condition of
1610	the releasee, the releasee shall not forfeit gain-time accrued
1611	before the date of conditional medical release. This subsection
1612	does not deprive the prisoner of the right to gain-time or
1613	commutation of time for good conduct, as provided by law, from
1614	the date of return to prison.
1615	(7)  If a law enforcement officer has probable cause to
1616	believe that an offender who is on release supervision under s.
1617	947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
1618	the terms and conditions of his or her release by committing a
1619	felony offense, the officer shall arrest the offender without a
1620	warrant, and a warrant need not be issued in the case.
1621	Section 50.  Subsection (1) and paragraph (b) of subsection
1622	(7) of section 947.146, Florida Statutes, are amended to read:
1623	947.146  Control Release Authority.--
1624	(1)  There may be is created a Control Release Authority to
1625	be administratively housed within the Department of Corrections
1626	which shall be composed of five the members appointed by the
1627	Governor who shall also designate the chair of the Parole
1628	Commission and which shall have the same chair as the
1629	commission. The authority shall use utilize such commission
1630	staff from the Department of Corrections as it determines is
1631	necessary to carry out its purposes.
1632	(7)  The authority has the power and duty to:
1633	(b)  Authorize an individual member of the authority
1634	commissioner to postpone a control release date for not more
1635	than 60 days without a hearing for any inmate who has become the
1636	subject of a disciplinary proceeding, a criminal arrest, an
1637	information, or an indictment; who has been terminated from work
1638	release; or about whom there is any recently discovered
1639	information as specified in paragraph (a).
1640	Section 51.  Section 947.181, Florida Statutes, is amended
1641	to read:
1642	947.181  Victim restitution as condition of parole.--
1643	(1)(a)  The regional parole boards Parole Commission shall
1644	require as a condition of parole reparation or restitution to
1645	the aggrieved party for the damage or loss caused by the offense
1646	for which the parolee was imprisoned unless the commission finds
1647	reasons to the contrary. If a regional parole board the
1648	commission does not order restitution or orders only partial
1649	restitution, the board commission shall state on the record the
1650	reasons therefor. The amount of such reparation or restitution
1651	shall be determined by the regional parole board having
1652	jurisdiction Parole Commission.
1653	(b)  If the parolee fails to make the reparation or
1654	restitution to the aggrieved party as authorized in paragraph
1655	(a), it shall be considered by the court commission as a
1656	violation of parole as specified in s. 947.21 and may be cause
1657	for revocation of her or his parole.
1658	(2)  If a defendant is paroled, any restitution ordered
1659	under s. 775.089 shall be a condition of such parole. The court
1660	Parole Commission may revoke parole if the defendant fails to
1661	comply with such order. In determining whether to revoke parole,
1662	the court Parole Commission shall consider the defendant's
1663	employment status, earning ability, and financial resources; the
1664	willfulness of the defendant's failure to pay; and any other
1665	special circumstances that may have a bearing on the defendant's
1666	ability to pay.
1667	Section 52.  Section 947.185, Florida Statutes, is amended
1668	to read:
1669	947.185  Application for mental retardation services as
1670	condition of parole.--A regional parole board The Parole
1671	Commission may require as a condition of parole that any inmate
1672	who has been diagnosed as mentally retarded as defined in s.
1673	393.063 shall, upon release, apply for retardation services from
1674	the Department of Children and Family Services.
1675	Section 53.  Subsections (1) and (2) of section 947.22,
1676	Florida Statutes, are amended to read:
1677	947.22  Authority to arrest parole violators with or
1678	without warrant.--
1679	(1)  If a court member of the commission or a duly
1680	authorized representative of the commission has reasonable
1681	grounds to believe that a parolee has violated the terms and
1682	conditions of her or his parole in a material respect, it such
1683	member or representative may issue a warrant for the arrest of
1684	such parolee. The warrant shall be returnable before the court a
1685	member of the commission or a duly authorized representative of
1686	the commission. The court commission, a commissioner, or a
1687	parole examiner with approval of the parole examiner supervisor,
1688	may release the parolee on bail or her or his own recognizance,
1689	conditioned upon her or his appearance at any hearings noticed
1690	by the commission. If not released on bail or her or his own
1691	recognizance, the parolee shall be committed to jail pending
1692	hearings pursuant to s. 947.23. The commission, at its election,
1693	may have the hearing conducted by one or more commissioners or
1694	by a duly authorized representative of the commission. Any
1695	parole and probation officer, any officer authorized to serve
1696	criminal process, or any peace officer of this state is
1697	authorized to execute the warrant.
1698	(2)  Any parole and probation officer, when she or he has
1699	reasonable ground to believe that a parolee, control releasee,
1700	or conditional releasee has violated the terms and conditions of
1701	her or his parole, control release, or conditional release in a
1702	material respect, has the right to arrest the releasee or
1703	parolee without warrant and bring her or him forthwith before a
1704	court one or more commissioners or a duly authorized
1705	representative of the Parole Commission or Control Release
1706	Authority; and proceedings shall thereupon be had as provided
1707	herein when a warrant has been issued by a member of the
1708	commission or authority or a duly authorized representative of
1709	the commission or authority.
1710	Section 54.  Paragraph (a) of subsection (1) and
1711	subsections (3) and (6) of section 948.09, Florida Statutes, are
1712	amended to read:
1713	948.09  Payment for cost of supervision and
1714	rehabilitation.--
1715	(1)(a)1.  Any person ordered by the court or, the
1716	Department of Corrections, or the parole commission to be placed
1717	on probation, drug offender probation, community control,
1718	parole, control release, provisional release supervision,
1719	addiction-recovery supervision, or conditional release
1720	supervision under chapter 944, chapter 945, chapter 947, chapter
1721	948, or chapter 958, or in a pretrial intervention program,
1722	must, as a condition of any placement, pay the department a
1723	total sum of money equal to the total month or portion of a
1724	month of supervision times the court-ordered amount, but not to
1725	exceed the actual per diem cost of the supervision. The
1726	department shall adopt rules by which an offender who pays in
1727	full and in advance of regular termination of supervision may
1728	receive a reduction in the amount due. The rules shall
1729	incorporate provisions by which the offender's ability to pay is
1730	linked to an established written payment plan. Funds collected
1731	from felony offenders may be used to offset costs of the
1732	Department of Corrections associated with community supervision
1733	programs, subject to appropriation by the Legislature.
1734	2.  In addition to any other contribution or surcharge
1735	imposed by this section, each felony offender assessed under
1736	this paragraph shall pay a $2-per-month surcharge to the
1737	department. The surcharge shall be deemed to be paid only after
1738	the full amount of any monthly payment required by the
1739	established written payment plan has been collected by the
1740	department. These funds shall be used by the department to pay
1741	for correctional probation officers' training and equipment,
1742	including radios, and firearms training, firearms, and attendant
1743	equipment necessary to train and equip officers who choose to
1744	carry a concealed firearm while on duty. Nothing in this
1745	subparagraph shall be construed to limit the department's
1746	authority to determine who shall be authorized to carry a
1747	concealed firearm while on duty, or to limit the right of a
1748	correctional probation officer to carry a personal firearm
1749	approved by the department.
1750	(3)  Any failure to pay contribution as required under this
1751	section may constitute a ground for the revocation of probation,
1752	parole, or conditional release by the court, the revocation of
1753	parole or conditional release by the Parole Commission, the
1754	revocation of control release by the Control Release Authority,
1755	or removal from the pretrial intervention program by the state
1756	attorney. The Department of Corrections may exempt a person from
1757	the payment of all or any part of the contribution if it finds
1758	any of the following factors to exist:
1759	(a)  The offender has diligently attempted, but has been
1760	unable, to obtain employment which provides him or her
1761	sufficient income to make such payments.
1762	(b)  The offender is a student in a school, college,
1763	university, or course of career training designed to fit the
1764	student for gainful employment. Certification of such student
1765	status shall be supplied to the Secretary of Corrections by the
1766	educational institution in which the offender is enrolled.
1767	(c)  The offender has an employment handicap, as determined
1768	by a physical, psychological, or psychiatric examination
1769	acceptable to, or ordered by, the secretary.
1770	(d)  The offender's age prevents him or her from obtaining
1771	employment.
1772	(e)  The offender is responsible for the support of
1773	dependents, and the payment of such contribution constitutes an
1774	undue hardship on the offender.
1775	(f)  The offender has been transferred outside the state
1776	under an interstate compact adopted pursuant to chapter 949.
1777	(g)  There are other extenuating circumstances, as
1778	determined by the secretary.
1779	(6)  In addition to any other required contributions, the
1780	department, at its discretion, may require offenders under any
1781	form of supervision to submit to and pay for urinalysis testing
1782	to identify drug usage as part of the rehabilitation program.
1783	Any failure to make such payment, or participate, may be
1784	considered a ground for revocation by the court, the Parole
1785	Commission, or the Control Release Authority, or for removal
1786	from the pretrial intervention program by the state attorney.
1787	The department may exempt a person from such payment if it
1788	determines that any of the factors specified in subsection (3)
1789	exist.
1790	Section 55.  Subsection (1) of section 948.10, Florida
1791	Statutes, is amended to read:
1792	948.10  Community control programs.--
1793	(1)  The Department of Corrections shall develop and
1794	administer a community control program. Such community control
1795	program and required manuals shall be developed in consultation
1796	with the Florida Conference of Circuit Court Judges and the
1797	office of the State Courts Administrator. This complementary
1798	program shall be rigidly structured and designed to accommodate
1799	offenders who, in the absence of such a program, would have been
1800	incarcerated. The program shall focus on the provision of
1801	sanctions and consequences which are commensurate with the
1802	seriousness of the crime. The program shall offer the courts and
1803	the Parole Commission an alternative, community-based method to
1804	punish an offender in lieu of incarceration when the offender is
1805	a member of one of the following target groups:
1806	(a)  Probation violators charged with technical violations
1807	or misdemeanor violations.
1808	(b)  Parole violators charged with technical violations or
1809	misdemeanor violations.
1810	(c)  Individuals found guilty of felonies, who, due to
1811	their criminal backgrounds or the seriousness of the offenses,
1812	would not be placed on regular probation.
1813	Section 56.  Section 949.05, Florida Statutes, is amended
1814	to read:
1815	949.05  Constitutionality.--
1816	(1)  If any clause, sentence, paragraph, section, or part
1817	of chapters 947-949 shall for any reason be adjudged by any
1818	court of competent jurisdiction to be unconstitutional, invalid,
1819	or void, such judgment shall not affect, impair, or invalidate
1820	the remainder of the law, but shall be confined in its operation
1821	to the clause, sentence, paragraph, section, or part thereof
1822	directly involved in the controversy in which such judgment
1823	shall have been rendered.
1824	(2)  If the method of selecting the commission members as
1825	herein provided is found to be invalid by reason of the vesting
1826	of the appointing power in the Governor and the Cabinet, the
1827	members of the Parole Commission herein provided for shall be
1828	appointed by the Governor.
1829	Section 57.  Subsection (6) of section 957.06, Florida
1830	Statutes, is amended to read:
1831	957.06  Powers and duties not delegable to contractor.--A
1832	contract entered into under this chapter does not authorize,
1833	allow, or imply a delegation of authority to the contractor to:
1834	(6)  Make recommendations to a regional parole board the
1835	Parole Commission with respect to the denial or granting of
1836	parole, control release, conditional release, or conditional
1837	medical release. However, the contractor may submit written
1838	reports to a regional parole board the Parole Commission and
1839	must respond to a written request by a regional parole board the
1840	Parole Commission for information.
1841	Section 58.  Paragraph (c) of subsection (8) of section
1842	958.045, Florida Statutes, is amended to read:
1843	958.045  Youthful offender basic training program.--
1844	(8)
1845	(c)  The department shall work cooperatively with the
1846	Control Release Authority or the regional parole board having
1847	jurisdiction Parole Commission to effect the release of an
1848	offender who has successfully completed the requirements of the
1849	basic training program.
1850	Section 59.  Subsection (1) of section 960.001, Florida
1851	Statutes, is amended to read:
1852	960.001  Guidelines for fair treatment of victims and
1853	witnesses in the criminal justice and juvenile justice
1854	systems.--
1855	(1)  The Department of Legal Affairs, the state attorneys,
1856	the Department of Corrections, the Department of Juvenile
1857	Justice, the Parole Commission, the State Courts Administrator
1858	and circuit court administrators, the Department of Law
1859	Enforcement, and every sheriff's department, police department,
1860	or other law enforcement agency as defined in s. 943.10(4) shall
1861	develop and implement guidelines for the use of their respective
1862	agencies, which guidelines are consistent with the purposes of
1863	this act and s. 16(b), Art. I of the State Constitution and are
1864	designed to implement the provisions of s. 16(b), Art. I of the
1865	State Constitution and to achieve the following objectives:
1866	(a)  Information concerning services available to victims
1867	of adult and juvenile crime.--As provided in s. 27.0065, state
1868	attorneys and public defenders shall gather information
1869	regarding the following services in the geographic boundaries of
1870	their respective circuits and shall provide such information to
1871	each law enforcement agency with jurisdiction within such
1872	geographic boundaries. Law enforcement personnel shall ensure,
1873	through distribution of a victim's rights information card or
1874	brochure at the crime scene, during the criminal investigation,
1875	and in any other appropriate manner, that victims are given, as
1876	a matter of course at the earliest possible time, information
1877	about:
1878	1.  The availability of crime victim compensation, when
1879	applicable;
1880	2.  Crisis intervention services, supportive or bereavement
1881	counseling, social service support referrals, and community-
1882	based victim treatment programs;
1883	3.  The role of the victim in the criminal or juvenile
1884	justice process, including what the victim may expect from the
1885	system as well as what the system expects from the victim;
1886	4.  The stages in the criminal or juvenile justice process
1887	which are of significance to the victim and the manner in which
1888	information about such stages can be obtained;
1889	5.  The right of a victim, who is not incarcerated,
1890	including the victim's parent or guardian if the victim is a
1891	minor, the lawful representative of the victim or of the
1892	victim's parent or guardian if the victim is a minor, and the
1893	next of kin of a homicide victim, to be informed, to be present,
1894	and to be heard when relevant, at all crucial stages of a
1895	criminal or juvenile proceeding, to the extent that this right
1896	does not interfere with constitutional rights of the accused, as
1897	provided by s. 16(b), Art. I of the State Constitution;
1898	6.  In the case of incarcerated victims, the right to be
1899	informed and to submit written statements at all crucial stages
1900	of the criminal proceedings, parole proceedings, or juvenile
1901	proceedings; and
1902	7.  The right of a victim to a prompt and timely
1903	disposition of the case in order to minimize the period during
1904	which the victim must endure the responsibilities and stress
1905	involved to the extent that this right does not interfere with
1906	the constitutional rights of the accused.
1907	(b)  Information for purposes of notifying victim or
1908	appropriate next of kin of victim or other designated contact of
1909	victim.--In the case of a homicide, pursuant to chapter 782; or
1910	a sexual offense, pursuant to chapter 794; or an attempted
1911	murder or sexual offense, pursuant to chapter 777; or stalking,
1912	pursuant to s. 784.048; or domestic violence, pursuant to s.
1913	25.385:
1914	1.  The arresting law enforcement officer or personnel of
1915	an organization that provides assistance to a victim or to the
1916	appropriate next of kin of the victim or other designated
1917	contact must request that the victim or appropriate next of kin
1918	of the victim or other designated contact complete a victim
1919	notification card. However, the victim or appropriate next of
1920	kin of the victim or other designated contact may choose not to
1921	complete the victim notification card.
1922	2.  Unless the victim or the appropriate next of kin of the
1923	victim or other designated contact waives the option to complete
1924	the victim notification card, a copy of the victim notification
1925	card must be filed with the incident report or warrant in the
1926	sheriff's office of the jurisdiction in which the incident
1927	report or warrant originated. The notification card shall, at a
1928	minimum, consist of:
1929	a.  The name, address, and phone number of the victim; or
1930	b.  The name, address, and phone number of the appropriate
1931	next of kin of the victim; or
1932	c.  The name, address, and phone number of a designated
1933	contact other than the victim or appropriate next of kin of the
1934	victim; and
1935	d.  Any relevant identification or case numbers assigned to
1936	the case.
1937	3.  The chief administrator, or a person designated by the
1938	chief administrator, of a county jail, municipal jail, juvenile
1939	detention facility, or residential commitment facility shall
1940	make a reasonable attempt to notify the alleged victim or
1941	appropriate next of kin of the alleged victim or other
1942	designated contact within 4 hours following the release of the
1943	defendant on bail or, in the case of a juvenile offender, upon
1944	the release from residential detention or commitment. If the
1945	chief administrator, or designee, is unable to contact the
1946	alleged victim or appropriate next of kin of the alleged victim
1947	or other designated contact by telephone, the chief
1948	administrator, or designee, must send to the alleged victim or
1949	appropriate next of kin of the alleged victim or other
1950	designated contact a written notification of the defendant's
1951	release.
1952	4.  Unless otherwise requested by the victim or the
1953	appropriate next of kin of the victim or other designated
1954	contact, the information contained on the victim notification
1955	card must be sent by the chief administrator, or designee, of
1956	the appropriate facility to the subsequent correctional or
1957	residential commitment facility following the sentencing and
1958	incarceration of the defendant, and unless otherwise requested
1959	by the victim or the appropriate next of kin of the victim or
1960	other designated contact, he or she must be notified of the
1961	release of the defendant from incarceration as provided by law.
1962	5.  If the defendant was arrested pursuant to a warrant
1963	issued or taken into custody pursuant to s. 985.207 in a
1964	jurisdiction other than the jurisdiction in which the defendant
1965	is being released, and the alleged victim or appropriate next of
1966	kin of the alleged victim or other designated contact does not
1967	waive the option for notification of release, the chief
1968	correctional officer or chief administrator of the facility
1969	releasing the defendant shall make a reasonable attempt to
1970	immediately notify the chief correctional officer of the
1971	jurisdiction in which the warrant was issued or the juvenile was
1972	taken into custody pursuant to s. 985.207, and the chief
1973	correctional officer of that jurisdiction shall make a
1974	reasonable attempt to notify the alleged victim or appropriate
1975	next of kin of the alleged victim or other designated contact,
1976	as provided in this paragraph, that the defendant has been or
1977	will be released.
1978	(c)  Information concerning protection available to victim
1979	or witness.--A victim or witness shall be furnished, as a matter
1980	of course, with information on steps that are available to law
1981	enforcement officers and state attorneys to protect victims and
1982	witnesses from intimidation. Victims of domestic violence shall
1983	also be given information about the address confidentiality
1984	program provided under s. 741.403.
1985	(d)  Notification of scheduling changes.--Each victim or
1986	witness who has been scheduled to attend a criminal or juvenile
1987	justice proceeding shall be notified as soon as possible by the
1988	agency scheduling his or her appearance of any change in
1989	scheduling which will affect his or her appearance.
1990	(e)  Advance notification to victim or relative of victim
1991	concerning judicial proceedings; right to be present.--Any
1992	victim, parent, guardian, or lawful representative of a minor
1993	who is a victim, or relative of a homicide victim shall receive
1994	from the appropriate agency, at the address found in the police
1995	report or the victim notification card if such has been provided
1996	to the agency, prompt advance notification, unless the agency
1997	itself does not have advance notification, of judicial and
1998	postjudicial proceedings relating to his or her case, including
1999	all proceedings or hearings relating to:
2000	1.  The arrest of an accused;
2001	2.  The release of the accused pending judicial proceedings
2002	or any modification of release conditions; and
2003	3.  Proceedings in the prosecution or petition for
2004	delinquency of the accused, including the filing of the
2005	accusatory instrument, the arraignment, disposition of the
2006	accusatory instrument, trial or adjudicatory hearing, sentencing
2007	or disposition hearing, appellate review, subsequent
2008	modification of sentence, collateral attack of a judgment, and,
2009	when a term of imprisonment, detention, or residential
2010	commitment is imposed, the release of the defendant or juvenile
2011	offender from such imprisonment, detention, or residential
2012	commitment by expiration of sentence or parole and any meeting
2013	held to consider such release.
2014
2015	A victim, a victim's parent or guardian if the victim is a
2016	minor, a lawful representative of the victim or of the victim's
2017	parent or guardian if the victim is a minor, or a victim's next
2018	of kin may not be excluded from any portion of any hearing,
2019	trial, or proceeding pertaining to the offense based solely on
2020	the fact that such person is subpoenaed to testify, unless, upon
2021	motion, the court determines such person's presence to be
2022	prejudicial. The appropriate agency with respect to notification
2023	under subparagraph 1. is the arresting law enforcement agency,
2024	and the appropriate agency with respect to notification under
2025	subparagraphs 2. and 3. is the Attorney General or state
2026	attorney, unless the notification relates to a hearing
2027	concerning parole, in which case the appropriate agency is the
2028	Office of the Attorney General Parole Commission. The Department
2029	of Corrections, the Department of Juvenile Justice, or the
2030	sheriff is the appropriate agency with respect to release by
2031	expiration of sentence or any other release program provided by
2032	law. Any victim may waive notification at any time, and such
2033	waiver shall be noted in the agency's files.
2034	(f)  Information concerning release from incarceration from
2035	a county jail, municipal jail, juvenile detention facility, or
2036	residential commitment facility.--The chief administrator, or a
2037	person designated by the chief administrator, of a county jail,
2038	municipal jail, juvenile detention facility, or residential
2039	commitment facility shall, upon the request of the victim or the
2040	appropriate next of kin of a victim or other designated contact
2041	of the victim of any of the crimes specified in paragraph (b),
2042	make a reasonable attempt to notify the victim or appropriate
2043	next of kin of the victim or other designated contact prior to
2044	the defendant's or offender's release from incarceration,
2045	detention, or residential commitment if the victim notification
2046	card has been provided pursuant to paragraph (b). If prior
2047	notification is not successful, a reasonable attempt must be
2048	made to notify the victim or appropriate next of kin of the
2049	victim or other designated contact within 4 hours following the
2050	release of the defendant or offender from incarceration,
2051	detention, or residential commitment. If the defendant is
2052	released following sentencing, disposition, or furlough, the
2053	chief administrator or designee shall make a reasonable attempt
2054	to notify the victim or the appropriate next of kin of the
2055	victim or other designated contact within 4 hours following the
2056	release of the defendant. If the chief administrator or designee
2057	is unable to contact the victim or appropriate next of kin of
2058	the victim or other designated contact by telephone, the chief
2059	administrator or designee must send to the victim or appropriate
2060	next of kin of the victim or other designated contact a written
2061	notification of the defendant's or offender's release.
2062	(g)  Consultation with victim or guardian or family of
2063	victim.--
2064	1.  In addition to being notified of the provisions of s.
2065	921.143, the victim of a felony involving physical or emotional
2066	injury or trauma or, in a case in which the victim is a minor
2067	child or in a homicide, the guardian or family of the victim
2068	shall be consulted by the state attorney in order to obtain the
2069	views of the victim or family about the disposition of any
2070	criminal or juvenile case brought as a result of such crime,
2071	including the views of the victim or family about:
2072	a.  The release of the accused pending judicial
2073	proceedings;
2074	b.  Plea agreements;
2075	c.  Participation in pretrial diversion programs; and
2076	d.  Sentencing of the accused.
2077	2.  Upon request, the state attorney shall permit the
2078	victim, the victim's parent or guardian if the victim is a
2079	minor, the lawful representative of the victim or of the
2080	victim's parent or guardian if the victim is a minor, or the
2081	victim's next of kin in the case of a homicide to review a copy
2082	of the presentence investigation report prior to the sentencing
2083	hearing if one was completed. Any confidential information that
2084	pertains to medical history, mental health, or substance abuse
2085	and any information that pertains to any other victim shall be
2086	redacted from the copy of the report. Any person who reviews the
2087	report pursuant to this paragraph must maintain the
2088	confidentiality of the report and shall not disclose its
2089	contents to any person except statements made to the state
2090	attorney or the court.
2091	3.  When an inmate has been approved for community work
2092	release, the Department of Corrections shall, upon request and
2093	as provided in s. 944.605, notify the victim, the victim's
2094	parent or guardian if the victim is a minor, the lawful
2095	representative of the victim or of the victim's parent or
2096	guardian if the victim is a minor, or the victim's next of kin
2097	if the victim is a homicide victim.
2098	(h)  Return of property to victim.--Law enforcement
2099	agencies and the state attorney shall promptly return a victim's
2100	property held for evidentiary purposes unless there is a
2101	compelling law enforcement reason for retaining it. The trial or
2102	juvenile court exercising jurisdiction over the criminal or
2103	juvenile proceeding may enter appropriate orders to implement
2104	the provisions of this subsection, including allowing
2105	photographs of the victim's property to be used as evidence at
2106	the criminal trial or the juvenile proceeding in place of the
2107	victim's property when no substantial evidentiary issue related
2108	thereto is in dispute.
2109	(i)  Notification to employer and explanation to creditors
2110	of victim or witness.--A victim or witness who so requests shall
2111	be assisted by law enforcement agencies and the state attorney
2112	in informing his or her employer that the need for victim and
2113	witness cooperation in the prosecution of the case may
2114	necessitate the absence of that victim or witness from work. A
2115	victim or witness who, as a direct result of a crime or of his
2116	or her cooperation with law enforcement agencies or a state
2117	attorney, is subjected to serious financial strain shall be
2118	assisted by such agencies and state attorney in explaining to
2119	the creditors of such victim or witness the reason for such
2120	serious financial strain.
2121	(j)  Notification of right to request restitution.--Law
2122	enforcement agencies and the state attorney shall inform the
2123	victim of the victim's right to request and receive restitution
2124	pursuant to s. 775.089 or s. 985.231(1)(a)1., and of the
2125	victim's rights of enforcement under ss. 775.089(6) and 985.201
2126	in the event an offender does not comply with a restitution
2127	order. The state attorney shall seek the assistance of the
2128	victim in the documentation of the victim's losses for the
2129	purpose of requesting and receiving restitution. In addition,
2130	the state attorney shall inform the victim if and when
2131	restitution is ordered. If an order of restitution is converted
2132	to a civil lien or civil judgment against the defendant, the
2133	clerks shall make available at their office, as well as on their
2134	website, information provided by the Secretary of State, the
2135	court, or The Florida Bar on enforcing the civil lien or
2136	judgment.
2137	(k)  Notification of right to submit impact statement.--The
2138	state attorney shall inform the victim of the victim's right to
2139	submit an oral or written impact statement pursuant to s.
2140	921.143 and shall assist in the preparation of such statement if
2141	necessary.
2142	(l)  Local witness coordination services.--The requirements
2143	for notification provided for in paragraphs (c), (d), and (i)
2144	may be performed by the state attorney or public defender for
2145	their own witnesses.
2146	(m)  Victim assistance education and training.--Victim
2147	assistance education and training shall be offered to persons
2148	taking courses at law enforcement training facilities and to
2149	state attorneys and assistant state attorneys so that victims
2150	may be promptly, properly, and completely assisted.
2151	(n)  General victim assistance.--Victims and witnesses
2152	shall be provided with such other assistance, such as
2153	transportation, parking, separate pretrial waiting areas, and
2154	translator services in attending court, as is practicable.
2155	(o)  Victim's rights information card or brochure.--A
2156	victim of a crime shall be provided with a victim's rights
2157	information card or brochure containing essential information
2158	concerning the rights of a victim and services available to a
2159	victim as required by state law.
2160	(p)  Information concerning escape from a state
2161	correctional institution, county jail, juvenile detention
2162	facility, or residential commitment facility.--In any case where
2163	an offender escapes from a state correctional institution,
2164	private correctional facility, county jail, juvenile detention
2165	facility, or residential commitment facility, the institution of
2166	confinement shall immediately notify the state attorney of the
2167	jurisdiction where the criminal charge or petition for
2168	delinquency arose and the judge who imposed the sentence of
2169	incarceration. The state attorney shall thereupon make every
2170	effort to notify the victim, material witness, parents or legal
2171	guardian of a minor who is a victim or witness, or immediate
2172	relatives of a homicide victim of the escapee. The state
2173	attorney shall also notify the sheriff of the county where the
2174	criminal charge or petition for delinquency arose. The sheriff
2175	shall offer assistance upon request. When an escaped offender is
2176	subsequently captured or is captured and returned to the
2177	institution of confinement, the institution of confinement shall
2178	again immediately notify the appropriate state attorney and
2179	sentencing judge pursuant to this section.
2180	(q)  Presence of victim advocate during discovery
2181	deposition; testimony of victim of a sexual offense.--At the
2182	request of the victim or the victim's parent, guardian, or
2183	lawful representative, the victim advocate designated by state
2184	attorney's office, sheriff's office, or municipal police
2185	department, or one representative from a not-for-profit victim
2186	services organization, including, but not limited to, rape
2187	crisis centers, domestic violence advocacy groups, and alcohol
2188	abuse or substance abuse groups shall be permitted to attend and
2189	be present during any deposition of the victim. The victim of a
2190	sexual offense shall be informed of the right to have the
2191	courtroom cleared of certain persons as provided in s. 918.16
2192	when the victim is testifying concerning that offense.
2193	(r)  Implementing crime prevention in order to protect the
2194	safety of persons and property, as prescribed in the State
2195	Comprehensive Plan.--By preventing crimes that create victims or
2196	further harm former victims, crime prevention efforts are an
2197	essential part of providing effective service for victims and
2198	witnesses. Therefore, the agencies identified in this subsection
2199	may participate in and expend funds for crime prevention, public
2200	awareness, public participation, and educational activities
2201	directly relating to, and in furtherance of, existing public
2202	safety statutes. Furthermore, funds may not be expended for the
2203	purpose of influencing public opinion on public policy issues
2204	that have not been resolved by the Legislature or the
2205	electorate.
2206	(s)  Attendance of victim at same school as
2207	defendant.--When the victim of an offense committed by a
2208	juvenile is a minor, the Department of Juvenile Justice shall
2209	request information to determine if the victim, or any sibling
2210	of the victim, attends or is eligible to attend the same school
2211	as the offender. However, if the offender is subject to a
2212	presentence investigation by the Department of Corrections, the
2213	Department of Corrections shall make such request. If the victim
2214	or any sibling of the victim attends or is eligible to attend
2215	the same school as that of the offender, the appropriate agency
2216	shall notify the victim's parent or legal guardian of the right
2217	to attend the sentencing or disposition of the offender and
2218	request that the offender be required to attend a different
2219	school.
2220	Section 60.  Subsection (3) of section 960.17, Florida
2221	Statutes, is amended to read:
2222	960.17  Award constitutes debt owed to state.--
2223	(3)  The regional parole board with jurisdiction Parole
2224	Commission shall make the payment of the debt to the state a
2225	condition of parole under chapter 947, unless the board
2226	commission finds reasons to the contrary. If the board
2227	commission does not order payment, or orders only partial
2228	payment, it shall state on the record the reasons therefor.
2229	Section 61.  Paragraph (a) of subsection (3) of section
2230	985.04, Florida Statutes, is amended to read:
2231	985.04  Oaths; records; confidential information.--
2232	(3)(a)  Except as provided in subsections (2), (4), (5),
2233	and (6), and s. 943.053, all information obtained under this
2234	part in the discharge of official duty by any judge, any
2235	employee of the court, any authorized agent of the Department of
2236	Juvenile Justice, the regional parole boards Parole Commission,
2237	the Department of Corrections, the juvenile justice circuit
2238	boards, any law enforcement agent, or any licensed professional
2239	or licensed community agency representative participating in the
2240	assessment or treatment of a juvenile is confidential and may be
2241	disclosed only to the authorized personnel of the court, the
2242	Department of Juvenile Justice and its designees, the Department
2243	of Corrections, the regional parole boards Parole Commission,
2244	law enforcement agents, school superintendents and their
2245	designees, any licensed professional or licensed community
2246	agency representative participating in the assessment or
2247	treatment of a juvenile, and others entitled under this chapter
2248	to receive that information, or upon order of the court. Within
2249	each county, the sheriff, the chiefs of police, the district
2250	school superintendent, and the department shall enter into an
2251	interagency agreement for the purpose of sharing information
2252	about juvenile offenders among all parties. The agreement must
2253	specify the conditions under which summary criminal history
2254	information is to be made available to appropriate school
2255	personnel, and the conditions under which school records are to
2256	be made available to appropriate department personnel. Such
2257	agreement shall require notification to any classroom teacher of
2258	assignment to the teacher's classroom of a juvenile who has been
2259	placed in a probation or commitment program for a felony
2260	offense. The agencies entering into such agreement must comply
2261	with s. 943.0525, and must maintain the confidentiality of
2262	information that is otherwise exempt from s. 119.07(1), as
2263	provided by law.
2264	Section 62.  Subsection (2) of section 985.05, Florida
2265	Statutes, is amended to read:
2266	985.05  Court records.--
2267	(2)  The clerk shall keep all official records required by
2268	this section separate from other records of the circuit court,
2269	except those records pertaining to motor vehicle violations,
2270	which shall be forwarded to the Department of Highway Safety and
2271	Motor Vehicles. Except as provided in ss. 943.053 and 985.04(4),
2272	official records required by this part are not open to
2273	inspection by the public, but may be inspected only upon order
2274	of the court by persons deemed by the court to have a proper
2275	interest therein, except that a child and the parents,
2276	guardians, or legal custodians of the child and their attorneys,
2277	law enforcement agencies, the Department of Juvenile Justice and
2278	its designees, a regional parole board the Parole Commission,
2279	and the Department of Corrections shall always have the right to
2280	inspect and copy any official record pertaining to the child.
2281	The court may permit authorized representatives of recognized
2282	organizations compiling statistics for proper purposes to
2283	inspect, and make abstracts from, official records under
2284	whatever conditions upon the use and disposition of such records
2285	the court may deem proper and may punish by contempt proceedings
2286	any violation of those conditions.
2287	Section 63.  Subsection (1) of section 784.078, Florida
2288	Statutes, is amended to read:
2289	784.078  Battery of facility employee by throwing, tossing,
2290	or expelling certain fluids or materials.--
2291	(1)  As used in this section, the term "facility" means a
2292	state correctional institution defined in s. 944.02(6); a
2293	private correctional facility defined in s. 944.710 or under
2294	chapter 957; a county, municipal, or regional jail or other
2295	detention facility of local government under chapter 950 or
2296	chapter 951; or a secure facility operated and maintained by the
2297	Department of Corrections or the Department of Juvenile Justice.
2298	Section 64.  Support for the Governor and Cabinet acting in
2299	their capacity as the Executive Board of Clemency is hereby
2300	transferred from the Parole Commission to the Executive Office
2301	of the Governor by a type two transfer as provided in s. 20.06,
2302	Florida Statutes.
2303	Section 65.  Sections 947.01 and 947.022, Florida Statutes,
2304	are repealed.
2305	Section 66.  The Division of Statutory Revision of the
2306	Office of Legislative Services shall redesignate, in the next
2307	edition of the Florida Statutes, the title of chapter 947,
2308	Florida Statutes, as "Regional Parole Boards."
2309	Section 67.  This act shall take effect July 1, 2005,
2310	except that sections 7 through 66 shall take effect June 1,
2311	2006.

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