HB 5017

1	A bill to be entitled
2	An act relating to corrections; amending s. 20.315, F.S.;
3	abolishing the Florida Corrections Commission; conforms
4	cross-references; amending s. 784.078, F.S.; conforming a
5	cross-reference; amending s. 921.187, F.S.; deleting a
6	provision authorizing probation and restitution centers as
7	a sentencing option; amending s. 944.026, F.S.; deleting
8	the Department of Corrections' responsibilities and
9	authority regarding probation and restitution centers;
10	deleting the department's responsibilities and authority
11	regarding pretrial intervention; amending s. 944.8041,
12	F.S.; requiring the Department of Corrections, in lieu of
13	the commission, to submit an annual report on certain
14	elderly offenders; amending s. 945.025, F.S.; revising the
15	jurisdiction of the Department of Corrections; repealing
16	s. 947.01, F.S., relating to the creation of the Parole
17	Commission; repealing s. 947.022, F.S., relating to terms
18	of members of the Parole Commission; amending s. 948.03,
19	F.S.; deleting a provision authorizing probation and
20	restitution centers as an option for incarceration as a
21	condition of probation; amending s. 948.035, F.S.;
22	deleting a provision authorizing probation and restitution
23	centers as an option for court-ordered residential
24	treatment; amending s. 948.08, F.S.; authorizing counties
25	to supervise pretrial intervention offenders; authorizing
26	counties to contract for certain services and facilities;
27	amending s. 948.09, F.S.; removing supervision costs
28	payment requirement for pretrial intervention; conforms
29	cross-references; amending s. 948.101, F.S.; deleting a
30	provision authorizing probation and restitution centers as
31	an option for incarceration as a condition of community
32	control; amending s. 948.51, F.S.; deleting the authority
33	of the department to contract with a county for probation
34	and restitution centers; amending s. 951.231, F.S.;
35	deleting the authority of the department to contract to
36	house county prisoners and revising the conditions for a
37	local government to provide county residential probation
38	facilities; amending s. 957.04, F.S.; requiring the
39	Department of Management Services, in lieu of the
40	commission, to consider proposed waivers of rules,
41	policies, and procedures of the Department of Corrections
42	for contractors of private correctional facilities;
43	providing that contracts for private correctional
44	facilities may be for an extended period under certain
45	circumstances; providing notification requirements if a
46	decision is made to enter into a contract for an extended
47	period; amending s. 957.07, F.S.; revising the membership
48	of the Prison Per-Diem Workgroup; revising meeting
49	requirements of the workgroup; revising information to be
50	included in the consensus per diem rates developed by the
51	workgroup; revising use of the per diem rates developed by
52	the workgroup; eliminating a provision that s. 957.07(5),
53	F.S., supersedes certain proviso language in the
54	Conference Report on CS for SB 2-C, ch. 2001-367, Laws of
55	Florida; amending s. 958.04, F.S.; deleting a provision
56	authorizing probation and restitution centers as an option
57	for judicial disposition for incarceration of youthful
58	offenders as a condition of probation or community
59	control; amending ss. 20.32, 23.21, 112.011, 186.005,
60	255.502, 322.16, 394.926, 394.927, 775.089, 775.16,
61	784.07, 784.078, 843.01, 843.02, 843.08, 893.11, 921.001,
62	921.16, 921.20, 921.21, 921.22, 940.03, 940.05, 941.23,
63	943.0311, 943.06, 944.012, 944.02, 944.024, 944.23,
64	944.291, 944.4731, 945.091, 945.10, 945.47, 945.73,
65	947.002, 947.005, 947.02, 947.021, 947.1405, 947.141,
66	947.146, 947.181, 947.185, 947.22, 948.10, 949.05, 957.06,
67	958.045, 960.001, 960.17, 985.04, and 985.05, F.S.;
68	abolishing the Parole Commission; providing for the
69	creation of regional parole boards; providing for
70	membership, powers, and duties of such boards; providing
71	for assignment of inmates to boards; conforming
72	provisions; transferring support for the Governor and
73	Cabinet acting in their capacity as the Executive Board of
74	Clemency from the Parole Commission to the Executive
75	Office of the Governor; providing a directive to the
76	Division of Statutory Revision; providing effective dates.
77
78	Be It Enacted by the Legislature of the State of Florida:
79
80	Section 1.  Subsections (7) through (13) of section 20.315,
81	Florida Statutes, are renumbered as sections (6) through (12),
82	respectively, and present subsections (6) and (10) of that
83	section are amended to read:
84	20.315  Department of Corrections.--There is created a
85	Department of Corrections.
86	(6)  FLORIDA CORRECTIONS COMMISSION.--
87	(a)1.  The Florida Corrections Commission is hereby
88	created. The primary focus of the commission shall be on
89	corrections; however, in those instances in which the policies
90	of other components of the criminal justice system affect
91	corrections, the commission shall advise and make
92	recommendations.
93	2.  The commission shall consist of nine members appointed
94	by the Governor subject to confirmation by the Senate. Members
95	of the commission shall serve terms of 4 years each. Members
96	must be appointed in such a manner as to equitably represent all
97	geographic areas of the state. Each member of the commission
98	must be a citizen and registered voter of the state. A member of
99	the commission shall represent the public safety needs of the
100	state as a whole and may not subordinate the needs of the state
101	to those of any particular area of the state. The commission's
102	membership should, to the extent possible, contain persons who
103	are knowledgeable about construction, health care, information
104	technology, education, business, food services, law, and inmate
105	and youthful offender rehabilitation and services.
106	3.  The commission is assigned to the office of the
107	Secretary of Corrections for administrative and fiscal
108	accountability purposes, but it shall otherwise function
109	independently of the control and direction of the Department of
110	Corrections.
111	(b)  The primary functions of the commission are to:
112	1.  Recommend major correctional policies for the
113	Governor's approval, and assure that approved policies and any
114	revisions thereto are properly executed.
115	2.  Periodically review the status of the state
116	correctional system and recommend improvements therein to the
117	Governor and the Legislature.
118	3.  Annually perform an in-depth review of community-based
119	intermediate sanctions and recommend to the Governor and the
120	Legislature intergovernmental approaches through the Community
121	Corrections Partnership Act for planning and implementing such
122	sanctions and programs.
123	4.  Perform an in-depth evaluation of the annual budget
124	request of the Department of Corrections, the comprehensive
125	correctional master plan, and the tentative construction program
126	for compliance with all applicable laws and established
127	departmental policies. The commission may not consider
128	individual construction projects, but shall consider methods of
129	accomplishing the department's goals in the most effective,
130	efficient, and businesslike manner.
131	5.  Routinely monitor the financial status of the
132	Department of Corrections to assure that the department is
133	managing revenue and any applicable bond proceeds responsibly
134	and in accordance with law and established policy.
135	6.  Evaluate, at least quarterly, the efficiency,
136	productivity, and management of the Department of Corrections,
137	using performance and production standards developed by the
138	department under former subsection (18).
139	7.  Provide public education on corrections and criminal
140	justice issues.
141	8.  Report to the President of the Senate, the Speaker of
142	the House of Representatives, and the Governor by November 1 of
143	each year.
144	9.  Resolve disputes between the Department of Corrections
145	and the contractors for the private correctional facilities
146	entered into under chapter 957 when a contractor proposes to
147	waive a rule, policy, or procedure concerning operation
148	standards.
149	(c)  The commission or a member thereof may not enter into
150	the day-to-day operation of the Department of Corrections and is
151	specifically prohibited from taking part in:
152	1.  The awarding of contracts by the department.
153	2.  The selection by the department of a consultant or
154	contractor or the prequalification by the department of any
155	individual consultant or contractor. However, the commission may
156	recommend to the Secretary of Corrections standards and policies
157	governing the procedure for selection and prequalification of
158	consultants and contractors.
159	3.  The selection by the department of a county for a
160	specific project.
161	4.  The selection by the department of a specific location
162	for a correctional facility.
163	5.  The employment, promotion, demotion, suspension,
164	transfer, or discharge of any departmental personnel.
165	6.  The enforcement of minimum standards for any county or
166	municipal detention facility.
167	(d)1.  The chair of the commission shall be selected by the
168	members for a term of 1 year.
169	2.  The commission shall hold a minimum of four regular
170	meetings annually, and other meetings may be called by the chair
171	upon giving at least 7 days' notice to all members and the
172	public pursuant to chapter 120. Meetings may also be held upon
173	the written request of at least four members, upon at least 7
174	days' notice of such meeting being given to all members and the
175	public by the chair pursuant to chapter 120. Emergency meetings
176	may be held without notice upon the request of all members. The
177	meetings of the commission shall be held in the central office
178	of the Department of Corrections in Tallahassee unless the chair
179	determines that special circumstances warrant meeting at another
180	location.
181	3.  A majority of the membership of the commission
182	constitutes a quorum at any meeting of the commission. An action
183	of the commission is not binding unless the action is taken
184	pursuant to an affirmative vote of a majority of the members
185	present, but not fewer than four members of the commission must
186	be present, and the vote must be recorded in the minutes of the
187	meeting.
188	4.  The chair shall cause to be made a complete record of
189	the proceedings of the commission, which record shall be open
190	for public inspection.
191	(e)  The commission shall appoint an executive director and
192	an assistant executive director, who shall serve under the
193	direction, supervision, and control of the commission. The
194	executive director, with the consent of the commission, shall
195	employ such staff as are necessary to perform adequately the
196	functions of the commission, within budgetary limitations. All
197	employees of the commission are exempt from part II of chapter
198	110 and serve at the pleasure of the commission. The salaries
199	and benefits of all employees of the commission shall be set in
200	accordance with the Selected Exempt Service rules; however, the
201	commission shall have complete authority for fixing the salaries
202	of the executive director and the assistant executive director.
203	(f)  Members of the commission are entitled to per diem and
204	travel expenses pursuant to s. 112.061.
205	(g)  A member of the commission may not have any interest,
206	direct or indirect, in any contract, franchise, privilege, or
207	other benefit granted or awarded by the department during the
208	term of his or her appointment and for 2 years after the
209	termination of that appointment.
210	(h)  The commission shall develop a budget pursuant to
211	chapter 216. The budget is not subject to change by the
212	department, but such budget shall be submitted to the Governor
213	along with the budget of the department.
214	(9)(10)  FORM OF COMMITMENT; NOTICE OF PAROLE
215	VIOLATION.--All commitments shall state the statutory authority
216	therefor. The Secretary of Corrections shall have the authority
217	to prescribe the form to be used for commitments. Nothing in
218	this act shall be construed to abridge the authority and
219	responsibility of a regional the parole board Commission with
220	respect to the granting and revocation of parole. The Department
221	of Corrections shall notify the original sentencing court Parole
222	Commission of all violations of parole conditions and provide
223	reports connected thereto as may be requested by the court
224	commission. The court commission shall have the authority to
225	issue orders dealing with supervision of specific parolees, and
226	such orders shall be binding on all parties.
227	Section 2.   Effective January 1, 2007, section 20.32,
228	Florida Statutes, is amended to read:
229	20.32  Regional parole boards Parole Commission.--
230	(1)  There is hereby established a regional parole board of
231	no fewer than three or more than seven members in each of the
232	regions of the Department of Corrections. The Governor shall
233	appoint members to serve on the regional parole boards as
234	provided by s. 947.02. The regional parole boards shall be
235	administratively housed within the Office of the Attorney
236	General, which shall provide administrative and staff support to
237	the boards The Parole and Probation Commission, authorized by s.
238	8(c), Art. IV, State Constitution of 1968, is continued and
239	renamed the Parole Commission. The commission retains its
240	powers, duties, and functions with respect to the granting and
241	revoking of parole and shall exercise powers, duties, and
242	functions relating to investigations of applications for
243	clemency as directed by the Governor and the Cabinet.
244	(2)  The powers and duties of the regional parole boards
245	shall be to conduct parole hearings, to grant or deny parole to
246	parole-eligible inmates, to set any special conditions for
247	parole, and such other duties as may be prescribed by law. No
248	fewer than three members must participate in hearings to grant
249	or deny parole or to set any special conditions for parole. It
250	shall require a majority vote of members participating in a
251	proceeding to grant or deny parole or set any special conditions
252	for parole All powers, duties, and functions relating to the
253	appointment of the Parole Commission as provided in s. 947.02 or
254	s. 947.021 shall be exercised and performed by the Governor and
255	the Cabinet. Except as provided in s. 947.021, each appointment
256	shall be made from among the first three eligible persons on the
257	list of the persons eligible for said position.
258	(3)  The Attorney General shall assign parole-eligible
259	inmates to the jurisdiction of a regional board based on the
260	location of the most serious offense that resulted in the
261	offender's incarceration. The Attorney General may, however,
262	assign an inmate to a different parole board than for the
263	location where the most serious offense occurred if necessary to
264	facilitate attendance of a victim or to facilitate the
265	convenience of the parole board volunteer members in cases in
266	which the inmate is physically located outside the region in
267	which the crime occurred. Parole hearings may be held by video
268	teleconference. An accurate record of all proceedings conducted
269	by video teleconference must be maintained by the Office of the
270	Attorney General The commission may require any employee of the
271	commission to give a bond for the faithful performance of his or
272	her duties. The commission may determine the amount of the bond
273	and must approve the bond. In determining the amount of the
274	bond, the commission may consider the amount of money or
275	property likely to be in custody of the officer or employee at
276	any one time. The premiums for the bonds must be paid out of the
277	funds of the commission.
278	Section 3.  Effective January 1, 2007, subsection (1) of
279	section 23.21, Florida Statutes, is amended to read:
280	23.21  Definitions.--For purposes of this part:
281	(1)  "Department" means a principal administrative unit
282	within the executive branch of state government, as defined in
283	chapter 20, and includes the State Board of Administration, the
284	Executive Office of the Governor, the Fish and Wildlife
285	Conservation Commission, the Parole Commission, the Agency for
286	Health Care Administration, the Board of Regents, the State
287	Board of Community Colleges, the Justice Administrative
288	Commission, the Capital Collateral Representative, and separate
289	budget entities placed for administrative purposes within a
290	department.
291	Section 4.  Effective January 1, 2007, paragraph (b) of
292	subsection (2) of section 112.011, Florida Statutes, is amended
293	to read:
294	112.011  Felons; removal of disqualifications for
295	employment, exceptions.--
296	(2)
297	(b)  This section shall not be applicable to the employment
298	practices of any fire department relating to the hiring of
299	firefighters. An applicant for employment with any fire
300	department with a prior felony conviction shall be excluded from
301	employment for a period of 4 years after expiration of sentence
302	or final release by the Parole Commission or a regional parole
303	board unless the applicant, prior to the expiration of the 4-
304	year period, has received a full pardon or has had his or her
305	civil rights restored.
306	Section 5.  Effective January 1, 2007, subsection (1) of
307	section 186.005, Florida Statutes, is amended to read:
308	186.005  Designation of departmental planning officer.--
309	(1)  The head of each executive department and the Public
310	Service Commission, the Fish and Wildlife Conservation
311	Commission, the Parole Commission, and the Department of
312	Military Affairs shall select from within such agency a person
313	to be designated as the planning officer for such agency. The
314	planning officer shall be responsible for coordinating with the
315	Executive Office of the Governor and with the planning officers
316	of other agencies all activities and responsibilities of such
317	agency relating to planning.
318	Section 6.  Effective January 1, 2007, subsection (3) of
319	section 255.502, Florida Statutes, is amended to read:
320	255.502  Definitions; ss. 255.501-255.525.--As used in this
321	act, the following words and terms shall have the following
322	meanings unless the context otherwise requires:
323	(3)  "Agency" means any department created by chapter 20,
324	the Executive Office of the Governor, the Fish and Wildlife
325	Conservation Commission, the Parole Commission, the State Board
326	of Administration, the Department of Military Affairs, or the
327	Legislative Branch or the Judicial Branch of state government.
328	Section 7.  Effective January 1, 2007, paragraph (c) of
329	subsection (1) of section 322.16, Florida Statutes, is amended
330	to read:
331	322.16  License restrictions.--
332	(1)
333	(c)  The department may further, at any time, impose other
334	restrictions on the use of the license with respect to time and
335	purpose of use or may impose any other condition or restriction
336	upon recommendation of any court, of the Parole Commission or a
337	regional parole board, or of the Department of Corrections with
338	respect to any individual who is under the jurisdiction,
339	supervision, or control of the entity that made the
340	recommendation.
341	Section 8.  Effective January 1, 2007, subsection (2) of
342	section 394.926, Florida Statutes, is amended to read:
343	394.926  Notice to victims of release of persons committed
344	as sexually violent predators; notice to certain agencies
345	Department of Corrections and Parole Commission.--
346	(2)  If a sexually violent predator who has an active or
347	pending term of probation, community control, parole,
348	conditional release, or other court-ordered or postprison
349	release supervision is released from custody, the department
350	must immediately notify the Department of Corrections' Office of
351	Community Corrections in Tallahassee. The regional parole board
352	with jurisdiction Parole Commission must also be immediately
353	notified of any releases of a sexually violent predator who has
354	an active or pending term of parole, conditional release, or
355	other postprison release supervision that is administered by the
356	Parole Commission.
357	Section 9.  Effective January 1, 2007, subsection (2) of
358	section 394.927, Florida Statutes, is amended to read:
359	394.927  Escape while in lawful custody; notice to victim;
360	notice to the Department of Corrections and regional parole
361	board Parole Commission.--
362	(2)  If a person who is held in custody pursuant to a
363	finding of probable cause or commitment as a sexually violent
364	predator escapes while in custody, the department shall
365	immediately notify the victim in accordance with s. 394.926. The
366	state attorney that filed the petition for civil commitment of
367	the escapee must also be immediately notified by the department.
368	If the escapee has an active or pending term of probation,
369	community control, parole, conditional release, or other court-
370	ordered or postprison release supervision, the department shall
371	also immediately notify the Department of Corrections' Office of
372	Community Corrections in Tallahassee. The regional parole board
373	having jurisdiction Parole Commission shall also be immediately
374	notified of an escape if the escapee has an active or pending
375	term of parole, conditional release, or other postprison release
376	supervision that is administered by the Parole Commission.
377	Section 10.  Effective January 1, 2007, subsection (4) of
378	section 775.089, Florida Statutes, is amended to read:
379	775.089  Restitution.--
380	(4)  If a defendant is placed on probation or paroled,
381	complete satisfaction of any restitution ordered under this
382	section shall be a condition of such probation or parole. The
383	court may revoke probation or, and the Parole Commission may
384	revoke parole, if the defendant fails to comply with such order.
385	Section 11.  Effective January 1, 2007, section 775.16,
386	Florida Statutes, is amended to read:
387	775.16  Drug offenses; additional penalties.--In addition
388	to any other penalty provided by law, a person who has been
389	convicted of sale of or trafficking in, or conspiracy to sell or
390	traffic in, a controlled substance under chapter 893, if such
391	offense is a felony, or who has been convicted of an offense
392	under the laws of any state or country which, if committed in
393	this state, would constitute the felony of selling or
394	trafficking in, or conspiracy to sell or traffic in, a
395	controlled substance under chapter 893, is:
396	(1)  Disqualified from applying for employment by any
397	agency of the state, unless:
398	(a)  The person has completed all sentences of imprisonment
399	or supervisory sanctions imposed by the court, by the Parole
400	Commission or a regional parole board, or by law; or
401	(b)  The person has complied with the conditions of
402	subparagraphs 1. and 2. which shall be monitored by the
403	Department of Corrections while the person is under any
404	supervisory sanctions. The person under supervision may:
405	1.  Seek evaluation and enrollment in, and once enrolled
406	maintain enrollment in until completion, a drug treatment and
407	rehabilitation program which is approved by the Department of
408	Children and Family Services, unless it is deemed by the program
409	that the person does not have a substance abuse problem. The
410	treatment and rehabilitation program may be specified by:
411	a.  The court, in the case of court-ordered supervisory
412	sanctions;
413	b.  The regional parole board having jurisdiction Parole
414	Commission, in the case of parole, control release, or
415	conditional release; or
416	c.  The Department of Corrections, in the case of
417	imprisonment, conditional release, control release, or any other
418	supervision required by law.
419	2.  Submit to periodic urine drug testing pursuant to
420	procedures prescribed by the Department of Corrections. If the
421	person is indigent, the costs shall be paid by the Department of
422	Corrections.
423	(2)  Disqualified from applying for a license, permit, or
424	certificate required by any agency of the state to practice,
425	pursue, or engage in any occupation, trade, vocation,
426	profession, or business, unless:
427	(a)  The person has completed all sentences of imprisonment
428	or supervisory sanctions imposed by the court, by the Parole
429	Commission or a regional parole board, or by law;
430	(b)  The person has complied with the conditions of
431	subparagraphs 1. and 2. which shall be monitored by the
432	Department of Corrections while the person is under any
433	supervisory sanction. If the person fails to comply with
434	provisions of these subparagraphs by either failing to maintain
435	treatment or by testing positive for drug use, the department
436	shall notify the licensing, permitting, or certifying agency,
437	which may refuse to reissue or reinstate such license, permit,
438	or certification. The licensee, permittee, or certificateholder
439	under supervision may:
440	1.  Seek evaluation and enrollment in, and once enrolled
441	maintain enrollment in until completion, a drug treatment and
442	rehabilitation program which is approved or regulated by the
443	Department of Children and Family Services, unless it is deemed
444	by the program that the person does not have a substance abuse
445	problem. The treatment and rehabilitation program may be
446	specified by:
447	a.  The court, in the case of court-ordered supervisory
448	sanctions;
449	b.  The regional parole board having jurisdiction Parole
450	Commission, in the case of parole, control release, or
451	conditional release; or
452	c.  The Department of Corrections, in the case of
453	imprisonment, conditional release, control release, or any other
454	supervision required by law.
455	2.  Submit to periodic urine drug testing pursuant to
456	procedures prescribed by the Department of Corrections. If the
457	person is indigent, the costs shall be paid by the Department of
458	Corrections; or
459	(c)  The person has successfully completed an appropriate
460	program under the Correctional Education Program.
461
462	The provisions of this section do not apply to any of the taxes,
463	fees, or permits regulated, controlled, or administered by the
464	Department of Revenue in accordance with the provisions of s.
465	213.05.
466	Section 12.  Effective January 1, 2007, paragraph (a) of
467	subsection (1) of section 784.07, Florida Statutes, is amended
468	to read:
469	784.07  Assault or battery of law enforcement officers,
470	firefighters, emergency medical care providers, public transit
471	employees or agents, or other specified officers;
472	reclassification of offenses; minimum sentences.--
473	(1)  As used in this section, the term:
474	(a)  "Law enforcement officer" includes a law enforcement
475	officer, a correctional officer, a correctional probation
476	officer, a part-time law enforcement officer, a part-time
477	correctional officer, an auxiliary law enforcement officer, and
478	an auxiliary correctional officer, as those terms are
479	respectively defined in s. 943.10, and any county probation
480	officer; employee or agent of the Department of Corrections who
481	supervises or provides services to inmates; officer of the
482	Parole Commission; and law enforcement personnel of the Fish and
483	Wildlife Conservation Commission, the Department of
484	Environmental Protection, or the Department of Law Enforcement.
485	Section 13.  Effective January 1, 2007, subsection (2) of
486	section 784.078, Florida Statutes, is amended to read:
487	784.078  Battery of facility employee by throwing, tossing,
488	or expelling certain fluids or materials.--
489	(2)(a)  As used in this section, the term "employee"
490	includes any person employed by or performing contractual
491	services for a public or private entity operating a facility or
492	any person employed by or performing contractual services for
493	the corporation operating the prison industry enhancement
494	programs or the correctional work programs, pursuant to part II
495	of chapter 946.
496	(b)  "Employee" includes any person who is a parole
497	examiner with the Florida Parole Commission.
498	Section 14.  Effective January 1, 2007, section 843.01,
499	Florida Statutes, is amended to read:
500	843.01  Resisting officer with violence to his or her
501	person.--Whoever knowingly and willfully resists, obstructs, or
502	opposes any officer as defined in s. 943.10(1), (2), (3), (6),
503	(7), (8), or (9); member of the Parole Commission or any
504	administrative aide or supervisor employed by the commission;
505	parole and probation supervisor; county probation officer;
506	personnel or representative of the Department of Law
507	Enforcement; or other person legally authorized to execute
508	process in the execution of legal process or in the lawful
509	execution of any legal duty, by offering or doing violence to
510	the person of such officer or legally authorized person, commits
511	is guilty of a felony of the third degree, punishable as
512	provided in s. 775.082, s. 775.083, or s. 775.084.
513	Section 15.  Effective January 1, 2007, section 843.02,
514	Florida Statutes, is amended to read:
515	843.02  Resisting officer without violence to his or her
516	person.--Whoever shall resist, obstruct, or oppose any officer
517	as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9);
518	member of the Parole Commission or any administrative aide or
519	supervisor employed by the commission; county probation officer;
520	parole and probation supervisor; personnel or representative of
521	the Department of Law Enforcement; or other person legally
522	authorized to execute process in the execution of legal process
523	or in the lawful execution of any legal duty, without offering
524	or doing violence to the person of the officer, commits shall be
525	guilty of a misdemeanor of the first degree, punishable as
526	provided in s. 775.082 or s. 775.083.
527	Section 16.  Effective January 1, 2007, section 843.08,
528	Florida Statutes, is amended to read:
529	843.08  Falsely personating an officer, etc.--A person who
530	falsely assumes or pretends to be a sheriff, officer of the
531	Florida Highway Patrol, officer of the Fish and Wildlife
532	Conservation Commission, officer of the Department of
533	Environmental Protection, officer of the Department of
534	Transportation, officer of the Department of Corrections,
535	correctional probation officer, deputy sheriff, state attorney
536	or assistant state attorney, statewide prosecutor or assistant
537	statewide prosecutor, state attorney investigator, coroner,
538	police officer, lottery special agent or lottery investigator,
539	beverage enforcement agent, or watchman, or any member of the
540	Parole Commission and any administrative aide or supervisor
541	employed by the commission, or any personnel or representative
542	of the Department of Law Enforcement, and takes upon himself or
543	herself to act as such, or to require any other person to aid or
544	assist him or her in a matter pertaining to the duty of any such
545	officer, commits a felony of the third degree, punishable as
546	provided in s. 775.082, s. 775.083, or s. 775.084; however, a
547	person who falsely personates any such officer during the course
548	of the commission of a felony commits a felony of the second
549	degree, punishable as provided in s. 775.082, s. 775.083, or s.
550	775.084; except that if the commission of the felony results in
551	the death or personal injury of another human being, the person
552	commits a felony of the first degree, punishable as provided in
553	s. 775.082, s. 775.083, or s. 775.084.
554	Section 17.  Effective January 1, 2007, paragraph (a) of
555	subsection (1) of section 893.11, Florida Statutes, is amended
556	to read:
557	893.11  Suspension, revocation, and reinstatement of
558	business and professional licenses.--Upon the conviction in any
559	court of competent jurisdiction of any person holding a license,
560	permit, or certificate issued by a state agency, for sale of, or
561	trafficking in, a controlled substance or for conspiracy to
562	sell, or traffic in, a controlled substance, if such offense is
563	a felony, the clerk of said court shall send a certified copy of
564	the judgment of conviction with the person's license number,
565	permit number, or certificate number on the face of such
566	certified copy to the agency head by whom the convicted
567	defendant has received a license, permit, or certificate to
568	practice his or her profession or to carry on his or her
569	business. Such agency head shall suspend or revoke the license,
570	permit, or certificate of the convicted defendant to practice
571	his or her profession or to carry on his or her business. Upon a
572	showing by any such convicted defendant whose license, permit,
573	or certificate has been suspended or revoked pursuant to this
574	section that his or her civil rights have been restored or upon
575	a showing that the convicted defendant meets the following
576	criteria, the agency head may reinstate or reactivate such
577	license, permit, or certificate when:
578	(1)  The person has complied with the conditions of
579	paragraphs (a) and (b) which shall be monitored by the
580	Department of Corrections while the person is under any
581	supervisory sanction. If the person fails to comply with
582	provisions of these paragraphs by either failing to maintain
583	treatment or by testing positive for drug use, the department
584	shall notify the licensing, permitting, or certifying agency,
585	which shall revoke the license, permit, or certification. The
586	person under supervision may:
587	(a)  Seek evaluation and enrollment in, and once enrolled
588	maintain enrollment in until completion, a drug treatment and
589	rehabilitation program which is approved or regulated by the
590	Department of Children and Family Services. The treatment and
591	rehabilitation program shall be specified by:
592	1.  The court, in the case of court-ordered supervisory
593	sanctions;
594	2.  The regional parole board having jurisdiction Parole
595	Commission, in the case of parole, control release, or
596	conditional release; or
597	3.  The Department of Corrections, in the case of
598	imprisonment, conditional release, or any other supervision
599	required by law.
600
601	This section does not apply to any of the taxes, fees, or
602	permits regulated, controlled, or administered by the Department
603	of Revenue in accordance with s. 213.05.
604	Section 18.  Effective January 1, 2007, paragraph (a) of
605	subsection (9) of section 921.001, Florida Statutes, is amended
606	to read:
607	921.001  Sentencing Commission and sentencing guidelines
608	generally.--
609	(9)(a)  The Sentencing Commission and the office of the
610	State Courts Administrator shall conduct ongoing research on the
611	impact of the sentencing guidelines, the use of imprisonment and
612	alternatives to imprisonment, and plea bargaining. The
613	commission, with the aid of the office of the State Courts
614	Administrator, and the Department of Corrections, and the Parole
615	Commission, shall estimate the impact of any proposed changes to
616	the sentencing guidelines on future rates of incarceration and
617	levels of prison population, based in part on historical data of
618	sentencing practices which have been accumulated by the office
619	of the State Courts Administrator and on Department of
620	Corrections records reflecting average time served for offenses
621	covered by the proposed changes to the guidelines. The
622	commission shall review the projections of impact and shall make
623	them available to other appropriate agencies of state
624	government, including the Legislature, by October 1 of each
625	year.
626	Section 19.  Effective January 1, 2007, subsection (2) of
627	section 921.16, Florida Statutes, is amended to read:
628	921.16  When sentences to be concurrent and when
629	consecutive.--
630	(2)  A county court or circuit court of this state may
631	direct that the sentence imposed by such court be served
632	concurrently with a sentence imposed by a court of another state
633	or of the United States or, for purposes of this section,
634	concurrently with a sentence to be imposed in another
635	jurisdiction. In such case, the Department of Corrections may
636	designate the correctional institution of the other jurisdiction
637	as the place for reception and confinement of such person and
638	may also designate the place in Florida for reception and
639	confinement of such person in the event that confinement in the
640	other jurisdiction terminates before the expiration of the
641	Florida sentence. The sheriff shall forward commitment papers
642	and other documents specified in s. 944.17 to the department.
643	Upon imposing such a sentence, the court shall notify the Office
644	of the Attorney General which shall notify the appropriate
645	regional parole board Parole Commission as to the jurisdiction
646	in which the sentence is to be served. Any prisoner so released
647	to another jurisdiction shall be eligible for consideration for
648	parole by the appropriate regional parole board Parole
649	Commission pursuant to the provisions of chapter 947, except
650	that the Office of the Attorney General commission shall assist
651	the appropriate regional parole board in determining determine
652	the presumptive parole release date and the effective parole
653	release date by requesting such person's file from the receiving
654	jurisdiction. Upon receiving such records, the Office of the
655	Attorney General commission shall determine these release dates
656	based on the relevant information in that file and shall give
657	credit toward reduction of the Florida sentence for gain-time
658	granted by the jurisdiction where the inmate is serving the
659	sentence. The regional parole board Parole Commission may concur
660	in with the parole release decision of the jurisdiction granting
661	parole and accepting supervision.
662	Section 20.  Subsection (1) of section 921.187, Florida
663	Statutes, is amended to read:
664	921.187  Disposition and sentencing; alternatives;
665	restitution.--
666	(1)  The alternatives provided in this section for the
667	disposition of criminal cases shall be used in a manner that
668	will best serve the needs of society, punish criminal offenders,
669	and provide the opportunity for rehabilitation.
670	(a)  If the offender does not receive a state prison
671	sentence, the court may:
672	1.  Impose a split sentence whereby the offender is to be
673	placed on probation upon completion of any specified period of
674	such sentence, which period may include a term of years or less.
675	2.  Make any other disposition that is authorized by law.
676	3.  Place the offender on probation with or without an
677	adjudication of guilt pursuant to s. 948.01.
678	4.  Impose a fine and probation pursuant to s. 948.011 when
679	the offense is punishable by both a fine and imprisonment and
680	probation is authorized.
681	5.  Place the offender into community control requiring
682	intensive supervision and surveillance pursuant to chapter 948.
683	6.  Impose, as a condition of probation or community
684	control, a period of treatment which shall be restricted to a
685	county facility, a Department of Corrections probation and
686	restitution center, a probation program drug punishment
687	treatment community, or a community residential or
688	nonresidential facility, excluding a community correctional
689	center as defined in s. 944.026, which is owned and operated by
690	any qualified public or private entity providing such services.
691	Before admission to such a facility, the court shall obtain an
692	individual assessment and recommendations on the appropriate
693	treatment needs, which shall be considered by the court in
694	ordering such placements. Placement in such a facility, except
695	for a county residential probation facility, may not exceed 364
696	days. Placement in a county residential probation facility may
697	not exceed 3 years. Early termination of placement may be
698	recommended to the court, when appropriate, by the center
699	supervisor, the supervising probation officer, or the probation
700	program manager.
701	7.  Sentence the offender pursuant to s. 922.051 to
702	imprisonment in a county jail when a statute directs
703	imprisonment in a state prison, if the offender's cumulative
704	sentence, whether from the same circuit or from separate
705	circuits, is not more than 364 days.
706	8.  Sentence the offender who is to be punished by
707	imprisonment in a county jail to a jail in another county if
708	there is no jail within the county suitable for such prisoner
709	pursuant to s. 950.01.
710	9.  Require the offender to participate in a work-release
711	or educational or technical training program pursuant to s.
712	951.24 while serving a sentence in a county jail, if such a
713	program is available.
714	10.  Require the offender to perform a specified public
715	service pursuant to s. 775.091.
716	11.  Require the offender who violates chapter 893 or
717	violates any law while under the influence of a controlled
718	substance or alcohol to participate in a substance abuse
719	program.
720	12.a.  Require the offender who violates any criminal
721	provision of chapter 893 to pay an additional assessment in an
722	amount up to the amount of any fine imposed, pursuant to ss.
723	938.21 and 938.23.
724	b.  Require the offender who violates any provision of s.
725	893.13 to pay an additional assessment in an amount of $100,
726	pursuant to ss. 938.25 and 943.361.
727	13.  Impose a split sentence whereby the offender is to be
728	placed in a county jail or county work camp upon the completion
729	of any specified term of community supervision.
730	14.  Impose split probation whereby upon satisfactory
731	completion of half the term of probation, the Department of
732	Corrections may place the offender on administrative probation
733	pursuant to s. 948.013 for the remainder of the term of
734	supervision.
735	15.  Require residence in a state probation and restitution
736	center or private drug treatment program for offenders on
737	community control or offenders who have violated conditions of
738	probation.
739	16.  Impose any other sanction which is provided within the
740	community and approved as an intermediate sanction by the county
741	public safety coordinating council as described in s. 951.26.
742	17.  Impose, as a condition of community control,
743	probation, or probation following incarceration, a requirement
744	that an offender who has not obtained a high school diploma or
745	high school equivalency diploma or who lacks basic or functional
746	literacy skills, upon acceptance by an adult education program,
747	make a good faith effort toward completion of such basic or
748	functional literacy skills or high school equivalency diploma,
749	as defined in s. 1003.435, in accordance with the assessed adult
750	general education needs of the individual offender.
751	(b)1.  Notwithstanding any provision of former s. 921.001
752	or s. 921.002 to the contrary, on or after October 1, 1993, the
753	court may require any defendant who violates s. 893.13(1)(a)1.,
754	(1)(c)2., (1)(d)2., (2)(a)1., or (5)(a), and meets the criteria
755	described in s. 893.13(10), to successfully complete a term of
756	probation pursuant to the terms and conditions set forth in s.
757	948.034(1), in lieu of serving a term of imprisonment.
758	2.  Notwithstanding any provision of former s. 921.001 or
759	s. 921.002 to the contrary, on or after October 1, 1993, the
760	court may require any defendant who violates s. 893.13(1)(a)2.,
761	(2)(a)2., (5)(b), or (6)(a), and meets the criteria described in
762	s. 893.13(11), to successfully complete a term of probation
763	pursuant to the terms and conditions set forth in s. 948.034(2),
764	in lieu of serving a term of imprisonment.
765	Section 21.  Effective January 1, 2007, section 921.20,
766	Florida Statutes, is amended to read:
767	921.20  Classification summary; regional parole boards
768	Parole Commission.--As soon as possible after a prisoner has
769	been placed in the custody of the Department of Corrections, the
770	classification board shall furnish a classification summary to
771	the Office of the Attorney General for use by the regional
772	parole board Parole Commission for use as provided in s. 20.32
773	947.14. The summary shall include the criminal, personal,
774	social, and environmental background and other relevant factors
775	considered in classifying the prisoner for a penal environment
776	best suited for the prisoner's rapid rehabilitation.
777	Section 22.  Effective January 1, 2007, section 921.21,
778	Florida Statutes, is amended to read:
779	921.21  Progress reports to regional parole boards Parole
780	Commission.--From time to time the Department of Corrections
781	shall submit to the Attorney General for use by the regional
782	parole board Parole Commission progress reports and
783	recommendations regarding prisoners sentenced under s. 921.18.
784	When the classification board of the Department of Corrections
785	determines that justice and the public welfare will best be
786	served by paroling or discharging a prisoner, it shall transmit
787	its finding to the Office of the Attorney General which shall
788	forward such findings to the appropriate regional parole board
789	Parole Commission. The regional parole board commission shall
790	have the authority to place the prisoner on parole as provided
791	by law or give the prisoner a full discharge from custody. The
792	period of a parole granted by a regional parole board the Parole
793	Commission shall be in its discretion, but the parole period
794	shall not exceed the maximum term for which the prisoner was
795	sentenced.
796	Section 23.  Effective January 1, 2007, section 921.22,
797	Florida Statutes, is amended to read:
798	921.22  Determination of exact period of imprisonment by
799	regional parole board Parole Commission.--Upon the
800	recommendation of the Department of Corrections, a regional
801	parole board the Parole Commission shall have the authority to
802	determine the exact period of imprisonment to be served by
803	defendants sentenced under the provisions of s. 921.18, but a
804	prisoner shall not be held in custody longer than the maximum
805	sentence provided for the offense.
806	Section 24.  Effective January 1, 2007, section 940.03,
807	Florida Statutes, is amended to read:
808	940.03  Application for executive clemency.--When any
809	person intends to apply for remission of any fine or forfeiture
810	or the commutation of any punishment, or for pardon or
811	restoration of civil rights, he or she shall request an
812	application form from the Executive Office of the Governor
813	Parole Commission in compliance with such rules regarding
814	application for executive clemency as are adopted by the
815	Governor with the approval of two members of the Cabinet. Such
816	application may require the submission of a certified copy of
817	the applicant's indictment or information, the judgment
818	adjudicating the applicant to be guilty, and the sentence, if
819	sentence has been imposed, and may also require the applicant to
820	send a copy of the application to the judge and prosecuting
821	attorney of the court in which the applicant was convicted,
822	notifying them of the applicant's intent to apply for executive
823	clemency. An application for executive clemency for a person who
824	is sentenced to death must be filed within 1 year after the date
825	the Supreme Court issues a mandate on a direct appeal or the
826	United States Supreme Court denies a petition for certiorari,
827	whichever is later.
828	Section 25.  Effective January 1, 2007, subsection (3) of
829	section 940.05, Florida Statutes, is amended to read:
830	940.05  Restoration of civil rights.--Any person who has
831	been convicted of a felony may be entitled to the restoration of
832	all the rights of citizenship enjoyed by him or her prior to
833	conviction if the person has:
834	(3)  Been granted his or her final release by the regional
835	parole board having jurisdiction Parole Commission.
836	Section 26.  Effective January 1, 2007, subsections (2) and
837	(3) of section 941.23, Florida Statutes, are amended to read:
838	941.23  Application for issuance of requisition; by whom
839	made; contents.--
840	(2)  When the return to this state is required of a person
841	who has been convicted of a crime in this state and has escaped
842	from confinement or broken the terms of his or her bail,
843	probation, or parole, the state attorney of the county in which
844	the offense was committed, the regional parole board having
845	jurisdiction Parole Commission, the Department of Corrections,
846	or the warden of the institution or sheriff of the county, from
847	which escape was made, shall present to the Governor a written
848	application for a requisition for the return of such person, in
849	which application shall be stated the name of the person, the
850	crime of which the person was convicted, the circumstances of
851	his or her escape from confinement or of the breach of the terms
852	of his or her bail, probation, or parole, and the state in which
853	the person is believed to be, including the location of the
854	person therein at the time application is made.
855	(3)  The application shall be verified by affidavit, shall
856	be executed in duplicate, and shall be accompanied by two
857	certified copies of the indictment returned or information and
858	affidavit filed or of the complaint made to the judge, stating
859	the offense with which the accused is charged, or of the
860	judgment of conviction or of the sentence. The prosecuting
861	officer, regional parole board having jurisdiction Parole
862	Commission, Department of Corrections, warden, or sheriff may
863	also attach such further affidavits and other documents in
864	duplicate as he or she shall deem proper to be submitted with
865	such application. One copy of the application, with the action
866	of the Governor indicated by endorsement thereon, and one of the
867	certified copies of the indictment, complaint, information, and
868	affidavits or of the judgment of conviction or of the sentence
869	shall be filed in the office of the Department of State to
870	remain of record in that office. The other copies of all papers
871	shall be forwarded with the Governor's requisition.
872	Section 27.  Effective January 1, 2007, subsection (7) of
873	section 943.0311, Florida Statutes, is amended to read:
874	943.0311  Chief of Domestic Security; duties of the
875	department with respect to domestic security.--
876	(7)  As used in this section, the term "state agency"
877	includes the Agency for Health Care Administration, the Agency
878	for Workforce Innovation, the Department of Agriculture and
879	Consumer Services, the Department of Business and Professional
880	Regulation, the Department of Children and Family Services, the
881	Department of Citrus, the Department of Community Affairs, the
882	Department of Corrections, the Department of Education, the
883	Department of Elderly Affairs, the Department of Environmental
884	Protection, the Department of Financial Services, the Department
885	of Health, the Department of Highway Safety and Motor Vehicles,
886	the Department of Juvenile Justice, the Department of Law
887	Enforcement, the Department of Legal Affairs, the Department of
888	Management Services, the Department of Military Affairs, the
889	Department of Revenue, the Department of State, the Department
890	of the Lottery, the Department of Transportation, the Department
891	of Veterans' Affairs, the Fish and Wildlife Conservation
892	Commission, the Parole Commission, the State Board of
893	Administration, and the Executive Office of the Governor.
894	Section 28.  Effective January 1, 2007, subsection (1) of
895	section 943.06, Florida Statutes, is amended to read:
896	943.06  Criminal and Juvenile Justice Information Systems
897	Council.--There is created a Criminal and Juvenile Justice
898	Information Systems Council within the department.
899	(1)  The council shall be composed of 14 members,
900	consisting of the Attorney General or a designated assistant;
901	the executive director of the Department of Law Enforcement or a
902	designated assistant; the secretary of the Department of
903	Corrections or a designated assistant; the chair of the Parole
904	Commission or a designated assistant; the Secretary of Juvenile
905	Justice or a designated assistant; the executive director of the
906	Department of Highway Safety and Motor Vehicles or a designated
907	assistant; the State Courts Administrator or a designated
908	assistant; 1 public defender appointed by the Florida Public
909	Defender Association, Inc.; 1 state attorney appointed by the
910	Florida Prosecuting Attorneys Association, Inc.; and 5 members,
911	to be appointed by the Governor, consisting of 2 sheriffs, 2
912	police chiefs, and 1 clerk of the circuit court.
913	Section 29.  Effective January 1, 2007, subsection (5) of
914	section 944.012, Florida Statutes, is amended to read:
915	944.012  Legislative intent.--The Legislature hereby finds
916	and declares that:
917	(5)  In order to make the correctional system an efficient
918	and effective mechanism, the various agencies involved in the
919	correctional process must coordinate their efforts. Where
920	possible, interagency offices should be physically located
921	within major institutions and should include representatives of
922	the Florida State Employment Service, the vocational
923	rehabilitation programs of the Department of Education, and the
924	Parole Commission. Duplicative and unnecessary methods of
925	evaluating offenders must be eliminated and areas of
926	responsibility consolidated in order to more economically
927	utilize present scarce resources.
928	Section 30.  Effective January 1, 2007, section 944.02,
929	Florida Statutes, is amended to read:
930	944.02  Definitions.--The following words and phrases used
931	in this chapter shall, unless the context clearly indicates
932	otherwise, have the following meanings:
933	(1)  "Commission" means the Parole Commission.
934	(1)(2)  "Correctional system" means all prisons and other
935	state correctional institutions now existing or hereafter
936	created under the jurisdiction of the Department of Corrections.
937	(2)(3)  "Department" means the Department of Corrections.
938	(3)(4)  "Elderly offender" means a prisoner age 50 or older
939	in a state correctional institution or facility operated by the
940	Department of Corrections or the Department of Management
941	Services.
942	(4)(5)  "Lease-purchase agreement" means an installment
943	sales contract which requires regular payments with an interest
944	charge included and which provides that the lessee receive title
945	to the property upon final payment.
946	(5)(6)  "Prisoner" means any person who is under civil or
947	criminal arrest and in the lawful custody of any law enforcement
948	official, or any person committed to or detained in any
949	municipal or county jail or state prison, prison farm, or
950	penitentiary, or to the custody of the department pursuant to
951	lawful authority.
952	(6)  "Regional parole board" means a regional parole board
953	established pursuant to s. 20.32.
954	(7)  "Secretary" means the Secretary of Corrections.
955	(8)  "State correctional institution" means any prison,
956	road camp, prison industry, prison forestry camp, or any prison
957	camp or prison farm or other correctional facility, temporary or
958	permanent, in which prisoners are housed, worked, or maintained,
959	under the custody and jurisdiction of the department.
960	Section 31.  Effective January 1, 2007, subsection (5) of
961	section 944.024, Florida Statutes, is amended to read:
962	944.024  Adult intake and evaluation.--The state system of
963	adult intake and evaluation shall include:
964	(5)  The performance of postsentence intake by the
965	department. Any physical facility established by the department
966	for the intake and evaluation process prior to the offender's
967	entry into the correctional system shall provide for specific
968	office and work areas for the staff assisting any regional
969	parole board of the commission. The purpose of such a physical
970	center shall be to combine in one place as many of the
971	rehabilitation-related functions as possible, including pretrial
972	and posttrial evaluation, parole and probation services,
973	vocational rehabilitation services, family assistance services
974	of the Department of Children and Family Services, and all other
975	rehabilitative and correctional services dealing with the
976	offender.
977	Section 32.  Paragraph (c) of subsection (1) and
978	subsections (2) and (3) of section 944.026, Florida Statutes,
979	are amended to read:
980	944.026  Community-based facilities and programs.--
981	(1)  In addition to those facilities and services described
982	elsewhere in this chapter, the department shall develop,
983	provide, or contract for a statewide system of community-based
984	facilities, services, and programs dealing with the
985	rehabilitation of offenders, which shall include, but not be
986	limited to:
987	(c)  A system of probation and restitution centers
988	throughout the state whereby probationers, drug offender
989	probationers, and community controllees who have violated their
990	terms or conditions, and whose presumptive sentence exceeds 22
991	months, may be required to reside while working, receiving
992	treatment, or attending school, or for persons on probation,
993	drug offender probation, or community control who may be
994	required to attend outpatient substance abuse counseling and
995	whereby inmates may be placed who are nearing their date of
996	release from a correctional institution or a community
997	correctional center, who are in need of placement in a substance
998	abuse transition housing program, and who are considered
999	eligible for such placement by the department. The purpose of
1000	these facilities and services is to provide the court with an
1001	alternative to committing offenders to more secure state
1002	correctional institutions and to assist in the supervision of
1003	probationers, drug offender probationers, and community
1004	controllees and to provide the department transitional-housing
1005	beds to assist inmates released into the community.
1006	(2)  Notwithstanding any other law, the department shall
1007	ensure that at least 400 of its contracted beds in nonsecure
1008	community-based residential substance abuse treatment facilities
1009	authorized under subparagraph (1)(b)1. or probation and
1010	restitution centers authorized under paragraph (1)(c) are
1011	designated for transition assistance for inmates who are nearing
1012	their date of release from a correctional institution or a
1013	community correctional center. These designated beds shall be
1014	provided by private organizations that do not have a faith
1015	component and that are under contract with the department. In
1016	making placement decisions, the department and the contract
1017	providers shall give priority consideration to those inmates who
1018	are nearing their date of release and who are to be placed in
1019	some form of postrelease community supervision. However, if an
1020	inmate whose sentence expires upon his or her release from a
1021	correctional institution or a community correction center and
1022	for whom community supervision is not required demonstrates the
1023	need for or interest in and suitability for transition-housing
1024	assistance, as determined by the department, the inmate is
1025	eligible to be considered for placement in transition housing. A
1026	right to substance abuse program services is not stated,
1027	intended, or otherwise implied by this subsection.
1028	(3)(a)  The department shall develop and implement
1029	procedures to diagnose offenders prior to sentencing, for the
1030	purpose of recommending to the sentencing court suitable
1031	candidates for placement in a community-based residential drug
1032	treatment facility or probation and restitution center as
1033	provided in this section. The department shall also develop and
1034	implement procedures to properly identify inmates prior to
1035	release who demonstrate the need for or interest in and
1036	suitability for placement in a community-based substance abuse
1037	transition housing program as provided in this section and
1038	pursuant to ss. 944.4731 and 944.704.
1039	(b)  Pretrial intervention programs in appropriate counties
1040	to provide early counseling and supervision services to
1041	specified offenders as provided in s. 948.08.
1042	Section 33.  Effective January 1, 2007, section 944.23,
1043	Florida Statutes, is amended to read:
1044	944.23  Persons authorized to visit state prisons.--The
1045	following persons shall be authorized to visit at their pleasure
1046	all state correctional institutions: The Governor, all Cabinet
1047	members, members of the Legislature, judges of state courts,
1048	state attorneys, and public defenders, and authorized
1049	representatives of the commission. No other person not otherwise
1050	authorized by law shall be permitted to enter a state
1051	correctional institution except under such regulations as the
1052	department may prescribe. Permission shall not be unreasonably
1053	withheld from those who give sufficient evidence to the
1054	department that they are bona fide reporters or writers.
1055	Section 34.  Effective January 1, 2007, subsection (2) of
1056	section 944.291, Florida Statutes, is amended to read:
1057	944.291  Prisoner released by reason of gain-time
1058	allowances or attainment of provisional release date.--
1059	(2)  Any prisoner who is convicted of a crime committed on
1060	or after October 1, 1988, which crime is contained in category
1061	1, category 2, category 3, or category 4 of Rule 3.701 and Rule
1062	3.988, Florida Rules of Criminal Procedure, and who has served
1063	at least one prior felony commitment at a state or federal
1064	correctional institution, or is sentenced as a habitual or
1065	violent habitual offender pursuant to s. 775.084, may only be
1066	released under conditional release supervision as described in
1067	chapter 947. Not fewer than 90 days prior to the tentative
1068	release date or provisional release date, whichever is earlier,
1069	the department shall provide the original sentencing court
1070	commission with the name and inmate identification number for
1071	each eligible inmate.
1072	Section 35.  Effective January 1, 2007, paragraph (b) of
1073	subsection (2) of section 944.4731, Florida Statutes, is amended
1074	to read:
1075	944.4731  Addiction-Recovery Supervision Program.--
1076	(2)
1077	(b)  An offender released under addiction-recovery
1078	supervision shall be subject to specified terms and conditions,
1079	including payment of the costs of supervision under s. 948.09
1080	and any other court-ordered payments, such as child support and
1081	restitution. If an offender has received a term of probation or
1082	community control to be served after release from incarceration,
1083	the period of probation or community control may not be
1084	substituted for addiction-recovery supervision and shall follow
1085	the term of addiction-recovery supervision. The original
1086	sentencing court A panel of not fewer than two parole
1087	commissioners shall establish the terms and conditions of
1088	supervision, and the terms and conditions must be included in
1089	the supervision order. In setting the terms and conditions of
1090	supervision, the court parole commission shall weigh heavily the
1091	program requirements, including, but not limited to, work at
1092	paid employment while participating in treatment and traveling
1093	restrictions. The court commission shall also determine whether
1094	an offender violates the terms and conditions of supervision and
1095	whether a violation warrants revocation of addiction-recovery
1096	supervision pursuant to s. 947.141. The court parole commission
1097	shall review the offender's record for the purpose of
1098	establishing the terms and conditions of supervision. The court
1099	parole commission may impose any special conditions it considers
1100	warranted from its review of the record. The length of
1101	supervision may not exceed the maximum penalty imposed by the
1102	court.
1103	Section 36.  Section 944.8041, Florida Statutes, is amended
1104	to read:
1105	944.8041  Elderly offenders; annual review.--For the
1106	purpose of providing information to the Legislature on elderly
1107	offenders within the correctional system, the department Florida
1108	Corrections Commission and the Correctional Medical Authority
1109	shall each submit annually a report on the status and treatment
1110	of elderly offenders in the state-administered and private state
1111	correctional systems, as well as such information on the River
1112	Junction Correctional Institution. In order to adequately
1113	prepare the reports, the Department of Corrections and the
1114	Department of Management Services shall grant access to the
1115	Florida Corrections Commission and the Correctional Medical
1116	Authority which includes access to the facilities, offenders,
1117	and any information the agencies require to complete their
1118	reports. The review shall also include an examination of
1119	promising geriatric policies, practices, and programs currently
1120	implemented in other correctional systems within the United
1121	States. The reports, with specific findings and recommendations
1122	for implementation, shall be submitted to the President of the
1123	Senate and the Speaker of the House of Representatives on or
1124	before December 31 of each year.
1125	Section 37.  Paragraphs (d), (e), and (f) of subsection (1)
1126	of section 945.025, Florida Statutes, are amended to read:
1127	945.025  Jurisdiction of department.--
1128	(1)  The Department of Corrections shall have supervisory
1129	and protective care, custody, and control of the inmates,
1130	buildings, grounds, property, and all other matters pertaining
1131	to the following facilities and programs for the imprisonment,
1132	correction, and rehabilitation of adult offenders:
1133	(d)  Department of Corrections Probation and Restitution
1134	Center;
1135	(e)  Department of Corrections community correctional
1136	centers; and
1137	(e)(f)  Department of Corrections vocational centers.
1138	Section 38.  Effective January 1, 2007, paragraph (b) of
1139	subsection (1) and paragraph (b) of subsection (6) of section
1140	945.091, Florida Statutes, are amended to read:
1141	945.091  Extension of the limits of confinement;
1142	restitution by employed inmates.--
1143	(1)  The department may adopt rules permitting the
1144	extension of the limits of the place of confinement of an inmate
1145	as to whom there is reasonable cause to believe that the inmate
1146	will honor his or her trust by authorizing the inmate, under
1147	prescribed conditions and following investigation and approval
1148	by the secretary, or the secretary's designee, who shall
1149	maintain a written record of such action, to leave the confines
1150	of that place unaccompanied by a custodial agent for a
1151	prescribed period of time to:
1152	(b)  Work at paid employment, participate in an education
1153	or a training program, or voluntarily serve a public or
1154	nonprofit agency or faith-based service group in the community,
1155	while continuing as an inmate of the institution or facility in
1156	which the inmate is confined, except during the hours of his or
1157	her employment, education, training, or service and traveling
1158	thereto and therefrom. An inmate may travel to and from his or
1159	her place of employment, education, or training only by means of
1160	walking, bicycling, or using public transportation or
1161	transportation that is provided by a family member or employer.
1162	Contingent upon specific appropriations, the department may
1163	transport an inmate in a state-owned vehicle if the inmate is
1164	unable to obtain other means of travel to his or her place of
1165	employment, education, or training.
1166	1.  An inmate may participate in paid employment only
1167	during the last 36 months of his or her confinement, unless
1168	sooner requested by the regional parole board having
1169	jurisdiction Parole Commission or the Control Release Authority.
1170	2.  While working at paid employment and residing in the
1171	facility, an inmate may apply for placement at a contracted
1172	substance abuse transition housing program. The transition
1173	assistance specialist shall inform the inmate of program
1174	availability and assess the inmate's need and suitability for
1175	transition housing assistance. If an inmate is approved for
1176	placement, the specialist shall assist the inmate. If an inmate
1177	requests and is approved for placement in a contracted faith-
1178	based substance abuse transition housing program, the specialist
1179	must consult with the chaplain prior to such placement. The
1180	department shall ensure that an inmate's faith orientation, or
1181	lack thereof, will not be considered in determining admission to
1182	a faith-based program and that the program does not attempt to
1183	convert an inmate toward a particular faith or religious
1184	preference.
1185	(6)
1186	(b)  An offender who is required to provide restitution or
1187	reparation may petition the circuit court to amend the amount of
1188	restitution or reparation required or to revise the schedule of
1189	repayment established by the department, a regional parole
1190	board, or the Parole Commission.
1191	Section 39.  Effective January 1, 2007, paragraph (d) of
1192	subsection (1), paragraphs (a) and (b) of subsection (2), and
1193	subsection (5) of section 945.10, Florida Statutes, are amended
1194	to read:
1195	945.10  Confidential information.--
1196	(1)  Except as otherwise provided by law or in this
1197	section, the following records and information held by the
1198	Department of Corrections are confidential and exempt from the
1199	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1200	Constitution:
1201	(d)  Parole Commission Records of a regional parole board
1202	that which are confidential or exempt from public disclosure by
1203	law.
1204	(2)  The records and information specified in paragraphs
1205	(1)(a)-(h) may be released as follows unless expressly
1206	prohibited by federal law:
1207	(a)  Information specified in paragraphs (1)(b), (d), and
1208	(f) to the Office of the Governor, the Legislature, a regional
1209	parole board the Parole Commission, the Department of Children
1210	and Family Services, a private correctional facility or program
1211	that operates under a contract, the Department of Legal Affairs,
1212	a state attorney, the court, or a law enforcement agency. A
1213	request for records or information pursuant to this paragraph
1214	need not be in writing.
1215	(b)  Information specified in paragraphs (1)(c), (e), and
1216	(h) to the Office of the Governor, the Legislature, a regional
1217	parole board the Parole Commission, the Department of Children
1218	and Family Services, a private correctional facility or program
1219	that operates under contract, the Department of Legal Affairs, a
1220	state attorney, the court, or a law enforcement agency. A
1221	request for records or information pursuant to this paragraph
1222	must be in writing and a statement provided demonstrating a need
1223	for the records or information.
1224
1225	Records and information released under this subsection remain
1226	confidential and exempt from the provisions of s. 119.07(1) and
1227	s. 24(a), Art. I of the State Constitution when held by the
1228	receiving person or entity.
1229	(5)  The Department of Corrections and the regional parole
1230	board Parole Commission shall mutually cooperate with respect to
1231	maintaining the confidentiality of records that are exempt from
1232	the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1233	Constitution.
1234	Section 40.  Effective January 1, 2007, subsection (3) of
1235	section 945.47, Florida Statutes, is amended to read:
1236	945.47  Discharge of inmate from mental health treatment.--
1237	(3)  At any time that an inmate who has received mental
1238	health treatment while in the custody of the department becomes
1239	eligible for release on parole, a complete record of the
1240	inmate's treatment shall be provided to the regional parole
1241	board having jurisdiction Parole Commission and to the
1242	Department of Children and Family Services. The record shall
1243	include, at least, the inmate's diagnosis, length of stay in
1244	treatment, clinical history, prognosis, prescribed medication,
1245	and treatment plan and recommendations for aftercare services.
1246	In the event that the inmate is released on parole, the record
1247	shall be provided to the parole officer who shall assist the
1248	inmate in applying for services from a professional or an agency
1249	in the community. The application for treatment and continuation
1250	of treatment by the inmate may be made a condition of parole, as
1251	provided in s. 947.19(1); and a failure to participate in
1252	prescribed treatment may be a basis for initiation of parole
1253	violation hearings.
1254	Section 41.  Effective January 1, 2007, subsection (6) of
1255	section 945.73, Florida Statutes, is amended to read:
1256	945.73  Inmate training program operation.--
1257	(6)  The department shall work cooperatively with the
1258	Control Release Authority, the regional parole board Florida
1259	Parole Commission, or such other authority as may exist or be
1260	established in the future that which is empowered by law to
1261	effect the release of an inmate who has successfully completed
1262	the requirements established by ss. 945.71-945.74.
1263	Section 42.  Effective January 1, 2007, subsections (3),
1264	(4), and (5) of section 947.002, Florida Statutes, are amended
1265	to read:
1266	947.002  Intent.--
1267	(3)  The chair shall be the agency head. While the
1268	commission is responsible for making decisions on the granting
1269	and revoking of parole, the chair shall establish, execute, and
1270	be held accountable for all administrative policy decisions. The
1271	routine administrative decisions are the full responsibility of
1272	the chair.
1273	(4)  Hearing examiners are assigned on the basis of
1274	caseload needs as determined by the chair.
1275	(3)(5)  It is the intent of the Legislature that the
1276	decision to parole an inmate from the incarceration portion of
1277	the inmate's sentence is an act of grace of the state and shall
1278	not be considered a right.
1279	Section 43.  Effective January 1, 2007, subsection (1) of
1280	section 947.005, Florida Statutes, is amended to read:
1281	947.005  Definitions.--As used in this chapter, unless the
1282	context clearly indicates otherwise:
1283	(1)  "Regional parole board" means a regional parole board
1284	established pursuant to s. 20.32 "Commission" means the Parole
1285	Commission.
1286	Section 44.  Effective January 1, 2007, subsections (1)
1287	through (4) of section 947.02, Florida Statutes, are amended,
1288	and subsection (6) is added to that section, read:
1289	947.02  Regional parole boards Parole Commission; members,
1290	appointment.--
1291	(1)  Except as provided in s. 947.021, the members of each
1292	regional parole board the Parole Commission shall be appointed
1293	by the Governor and Cabinet from a list of eligible applicants
1294	submitted by a parole qualifications committee. The appointments
1295	of members of the commission shall be certified to the Senate by
1296	the Governor and Cabinet for confirmation, and the membership of
1297	the commission shall include representation from minority
1298	persons as defined in s. 288.703.
1299	(2)  A parole qualifications committee shall consist of
1300	five persons who are appointed by the Governor and Cabinet. One
1301	member shall be designated as chair by the Governor and Cabinet.
1302	The committee shall provide for statewide advertisement
1303	throughout the region and the receiving of applications for any
1304	position or positions on the commission and shall devise a plan
1305	for the determination of the qualifications of the applicants by
1306	investigations and comprehensive evaluations, including, but not
1307	limited to, investigation and evaluation of the character,
1308	habits, and philosophy of each applicant. Each parole
1309	qualifications committee shall exist for 2 years. If additional
1310	vacancies on a regional parole board the commission occur during
1311	this 2-year period, the committee may advertise and accept
1312	additional applications; however, all previously submitted
1313	applications shall be considered along with the new applications
1314	according to the previously established plan for the evaluation
1315	of the qualifications of applicants.
1316	(3)  Within 90 days before an anticipated vacancy by
1317	expiration of term pursuant to s. 947.03 or upon any other
1318	vacancy, the Governor and Cabinet shall appoint a parole
1319	qualifications committee if one has not been appointed during
1320	the previous 2 years. The committee shall consider applications
1321	for the board vacancy commission seat, including the application
1322	of an incumbent board member commissioner if he or she applies,
1323	according to the provisions of subsection (2). The committee
1324	shall submit a list of three eligible applicants, which may
1325	include the incumbent if the committee so decides, without
1326	recommendation, to the Governor and Cabinet for appointment to
1327	the board commission. In the case of an unexpired term, the
1328	appointment must be for the remainder of the unexpired term and
1329	until a successor is appointed and qualified. If more than one
1330	seat is vacant, the committee shall submit a list of eligible
1331	applicants, without recommendation, containing a number of names
1332	equal to three times the number of vacant seats; however, the
1333	names submitted shall not be distinguished by seat, and each
1334	submitted applicant shall be considered eligible for each
1335	vacancy.
1336	(4)  Upon receiving a list of eligible persons from the
1337	parole qualifications committee, the Governor and Cabinet may
1338	reject the list. If the list is rejected, the committee shall
1339	reinitiate the application and examination procedure according
1340	to the provisions of subsection (2).
1341	(6)  Members of the regional parole boards shall be
1342	volunteers and shall not receive compensation for their
1343	services. They shall, however, receive reimbursement for travel
1344	expenses and other expenses incurred in carrying out their
1345	official responsibilities as provided in s. 112.061.
1346	Section 45.  Effective January 1, 2007, section 947.021,
1347	Florida Statutes, is amended to read:
1348	947.021  Regional parole boards Parole Commission;
1349	expedited appointments.--Whenever the Legislature decreases the
1350	membership of the regional parole boards commission, all terms
1351	of office shall expire, notwithstanding any law to the contrary.
1352	Under such circumstances, the Governor and Cabinet shall
1353	expedite the appointment of commissioners. Notwithstanding the
1354	parole qualifications committee procedure in s. 947.02, members
1355	shall be directly appointed by the Governor and Cabinet. Members
1356	appointed to the boards commission may be selected from
1357	incumbents. Members shall be certified to the Senate by the
1358	Governor and Cabinet for confirmation, and the membership of the
1359	commission shall include representation from minority persons as
1360	defined in s. 288.703.
1361	Section 46.  Effective January 1, 2007, subsections (2)
1362	through (7) and subsection (9) of section 947.1405, Florida
1363	Statutes, are amended to read:
1364	947.1405  Conditional release program.--
1365	(2)  Any inmate who:
1366	(a)  Is convicted of a crime committed on or after October
1367	1, 1988, and before January 1, 1994, and any inmate who is
1368	convicted of a crime committed on or after January 1, 1994,
1369	which crime is or was contained in category 1, category 2,
1370	category 3, or category 4 of Rule 3.701 and Rule 3.988, Florida
1371	Rules of Criminal Procedure (1993), and who has served at least
1372	one prior felony commitment at a state or federal correctional
1373	institution;
1374	(b)  Is sentenced as a habitual or violent habitual
1375	offender or a violent career criminal pursuant to s. 775.084; or
1376	(c)  Is found to be a sexual predator under s. 775.21 or
1377	former s. 775.23,
1378
1379	shall, upon reaching the tentative release date or provisional
1380	release date, whichever is earlier, as established by the
1381	Department of Corrections, be released under supervision subject
1382	to specified terms and conditions, including payment of the cost
1383	of supervision pursuant to s. 948.09. Such supervision shall be
1384	applicable to all sentences within the overall term of sentences
1385	if an inmate's overall term of sentences includes one or more
1386	sentences that are eligible for conditional release supervision
1387	as provided herein. Effective July 1, 1994, and applicable for
1388	offenses committed on or after that date, the sentencing court
1389	commission may require, as a condition of conditional release,
1390	that the releasee make payment of the debt due and owing to a
1391	county or municipal detention facility under s. 951.032 for
1392	medical care, treatment, hospitalization, or transportation
1393	received by the releasee while in that detention facility. The
1394	court commission, in determining whether to order such repayment
1395	and the amount of such repayment, shall consider the amount of
1396	the debt, whether there was any fault of the institution for the
1397	medical expenses incurred, the financial resources of the
1398	releasee, the present and potential future financial needs and
1399	earning ability of the releasee, and dependents, and other
1400	appropriate factors. If Any inmate placed on conditional release
1401	supervision shall be supervised by is also subject to probation
1402	or community control, resulting from a probationary or community
1403	control split sentence within the overall term of sentences, the
1404	Department of Corrections, which shall supervise such person
1405	according to the conditions imposed by the court and the
1406	commission shall defer to such supervision. If the court revokes
1407	probation or community control and resentences the offender to a
1408	term of incarceration, such revocation also constitutes a
1409	sufficient basis for the revocation of the conditional release
1410	supervision on any nonprobationary or noncommunity control
1411	sentence without further hearing by the commission. If any such
1412	supervision on any nonprobationary or noncommunity control
1413	sentence is revoked, such revocation may result in a forfeiture
1414	of all gain-time, and the court commission may revoke the
1415	resulting deferred conditional release supervision or take other
1416	action it considers appropriate. If the term of conditional
1417	release supervision exceeds that of the probation or community
1418	control, then, upon expiration of the probation or community
1419	control, authority for the supervision shall revert to the
1420	commission and the supervision shall be subject to the
1421	conditions of conditional release imposed by the court
1422	commission. The original sentencing court A panel of no fewer
1423	than two commissioners shall establish the terms and conditions
1424	of conditional release at the time of initial sentencing or
1425	prior to release of the inmate if terms and conditions were not
1426	established at the initial sentencing any such release. The
1427	court may alter the original terms of conditional release at any
1428	time based on any additional information that may become
1429	available. If the offense was a controlled substance violation,
1430	the conditions shall include a requirement that the offender
1431	submit to random substance abuse testing intermittently
1432	throughout the term of conditional release supervision, upon the
1433	direction of the correctional probation officer as defined in s.
1434	943.10(3). The court commission shall also determine whether the
1435	terms and conditions of such release have been violated and
1436	whether such violation warrants revocation of the conditional
1437	release.
1438	(3)  As part of the conditional release process, the court
1439	commission, through review and consideration of information
1440	provided by the state attorney, victim, and department, shall
1441	determine:
1442	(a)  The amount of reparation or restitution.
1443	(b)  The consequences of the offense as reported by the
1444	aggrieved party.
1445	(c)  The aggrieved party's fear of the inmate or concerns
1446	about the release of the inmate.
1447	(4)  The department commission shall provide to the
1448	aggrieved party information regarding the manner in which notice
1449	of any developments concerning the status of the inmate during
1450	the term of conditional release may be requested.
1451	(5)  Within 180 days prior to the tentative release date or
1452	provisional release date, whichever is earlier, a representative
1453	of the department shall review the inmate's program
1454	participation, disciplinary record, psychological and medical
1455	records, criminal records, and any other information pertinent
1456	to the impending release and shall provide this information to
1457	the original sentencing court. The department shall gather and
1458	compile information necessary for the commission to make the
1459	determinations set forth in subsection (3). This shall include
1460	information developed during A department representative shall
1461	conduct a personal interview with the inmate for the purpose of
1462	determining the details of the inmate's release plan, including
1463	the inmate's planned residence and employment. The department
1464	representative shall forward the inmate's release plan to the
1465	court commission and recommend terms and conditions of
1466	conditional release or any modifications to the original
1467	commission the terms and conditions of the conditional release
1468	established by the court.
1469	(6)  The court commission shall review the recommendations
1470	of the department, and such other information as it deems
1471	relevant, and may conduct a review of the inmate's record for
1472	the purpose of modifying or establishing the terms and
1473	conditions of the conditional release. The court commission may
1474	impose any special conditions it considers warranted from its
1475	review of the release plan and recommendation. If the court
1476	commission determines that the inmate is eligible for release
1477	under this section, it the commission shall enter an order
1478	establishing the length of supervision and the conditions
1479	attendant thereto. However, an inmate who has been convicted of
1480	a violation of chapter 794 or found by the court to be a sexual
1481	predator is subject to the maximum level of supervision
1482	provided, with the mandatory conditions as required in
1483	subsection (7), and that supervision shall continue through the
1484	end of the releasee's original court-imposed sentence. The
1485	length of supervision must not exceed the maximum penalty
1486	imposed by the court.
1487	(7)(a)  Any inmate who is convicted of a crime committed on
1488	or after October 1, 1995, or who has been previously convicted
1489	of a crime committed on or after October 1, 1995, in violation
1490	of chapter 794, s. 800.04, s. 827.071, or s. 847.0145, and is
1491	subject to conditional release supervision, shall have, in
1492	addition to any other conditions imposed, the following special
1493	conditions imposed by the commission:
1494	1.  A mandatory curfew from 10 p.m. to 6 a.m. The court
1495	commission may designate another 8-hour period if the offender's
1496	employment precludes the above specified time, and such
1497	alternative is recommended by the Department of Corrections. If
1498	the court commission determines that imposing a curfew would
1499	endanger the victim, the court commission may consider
1500	alternative sanctions.
1501	2.  If the victim was under the age of 18, a prohibition on
1502	living within 1,000 feet of a school, day care center, park,
1503	playground, designated public school bus stop, or other place
1504	where children regularly congregate. A releasee who is subject
1505	to this subparagraph may not relocate to a residence that is
1506	within 1,000 feet of a public school bus stop. Beginning October
1507	1, 2004, the commission or the department may not approve a
1508	residence that is located within 1,000 feet of a school, day
1509	care center, park, playground, designated school bus stop, or
1510	other place where children regularly congregate for any releasee
1511	who is subject to this subparagraph. On October 1, 2004, the
1512	department shall notify each affected school district of the
1513	location of the residence of a releasee 30 days prior to release
1514	and thereafter, if the releasee relocates to a new residence,
1515	shall notify any affected school district of the residence of
1516	the releasee within 30 days after relocation. If, on October 1,
1517	2004, any public school bus stop is located within 1,000 feet of
1518	the existing residence of such releasee, the district school
1519	board shall relocate that school bus stop. Beginning October 1,
1520	2004, a district school board may not establish or relocate a
1521	public school bus stop within 1,000 feet of the residence of a
1522	releasee who is subject to this subparagraph. The failure of the
1523	district school board to comply with this subparagraph shall not
1524	result in a violation of conditional release supervision.
1525	3.  Active participation in and successful completion of a
1526	sex offender treatment program with qualified practitioners
1527	specifically trained to treat sex offenders, at the releasee's
1528	own expense. If a qualified practitioner is not available within
1529	a 50-mile radius of the releasee's residence, the offender shall
1530	participate in other appropriate therapy.
1531	4.  A prohibition on any contact with the victim, directly
1532	or indirectly, including through a third person, unless approved
1533	by the victim, the offender's therapist, and the sentencing
1534	court.
1535	5.  If the victim was under the age of 18, a prohibition
1536	against contact with children under the age of 18 without review
1537	and approval by the commission. The commission may approve
1538	supervised contact with a child under the age of 18 if the
1539	approval is based upon a recommendation for contact issued by a
1540	qualified practitioner who is basing the recommendation on a
1541	risk assessment. Further, the sex offender must be currently
1542	enrolled in or have successfully completed a sex offender
1543	therapy program. The commission may not grant supervised contact
1544	with a child if the contact is not recommended by a qualified
1545	practitioner and may deny supervised contact with a child at any
1546	time. When considering whether to approve supervised contact
1547	with a child, the commission must review and consider the
1548	following:
1549	a.  A risk assessment completed by a qualified
1550	practitioner. The qualified practitioner must prepare a written
1551	report that must include the findings of the assessment and
1552	address each of the following components:
1553	(I)  The sex offender's current legal status;
1554	(II)  The sex offender's history of adult charges with
1555	apparent sexual motivation;
1556	(III)  The sex offender's history of adult charges without
1557	apparent sexual motivation;
1558	(IV)  The sex offender's history of juvenile charges,
1559	whenever available;
1560	(V)  The sex offender's offender treatment history,
1561	including a consultation from the sex offender's treating, or
1562	most recent treating, therapist;
1563	(VI)  The sex offender's current mental status;
1564	(VII)  The sex offender's mental health and substance abuse
1565	history as provided by the Department of Corrections;
1566	(VIII)  The sex offender's personal, social, educational,
1567	and work history;
1568	(IX)  The results of current psychological testing of the
1569	sex offender if determined necessary by the qualified
1570	practitioner;
1571	(X)  A description of the proposed contact, including the
1572	location, frequency, duration, and supervisory arrangement;
1573	(XI)  The child's preference and relative comfort level
1574	with the proposed contact, when age-appropriate;
1575	(XII)  The parent's or legal guardian's preference
1576	regarding the proposed contact; and
1577	(XIII)  The qualified practitioner's opinion, along with
1578	the basis for that opinion, as to whether the proposed contact
1579	would likely pose significant risk of emotional or physical harm
1580	to the child.
1581
1582	The written report of the assessment must be given to the
1583	commission.
1584	b.  A recommendation made as a part of the risk-assessment
1585	report as to whether supervised contact with the child should be
1586	approved;
1587	c.  A written consent signed by the child's parent or legal
1588	guardian, if the parent or legal guardian is not the sex
1589	offender, agreeing to the sex offender having supervised contact
1590	with the child after receiving full disclosure of the sex
1591	offender's present legal status, past criminal history, and the
1592	results of the risk assessment. The commission may not approve
1593	contact with the child if the parent or legal guardian refuses
1594	to give written consent for supervised contact;
1595	d.  A safety plan prepared by the qualified practitioner,
1596	who provides treatment to the offender, in collaboration with
1597	the sex offender, the child's parent or legal guardian, and the
1598	child, when age appropriate, which details the acceptable
1599	conditions of contact between the sex offender and the child.
1600	The safety plan must be reviewed and approved by the Department
1601	of Corrections before being submitted to the commission; and
1602	e.  Evidence that the child's parent or legal guardian, if
1603	the parent or legal guardian is not the sex offender,
1604	understands the need for and agrees to the safety plan and has
1605	agreed to provide, or to designate another adult to provide,
1606	constant supervision any time the child is in contact with the
1607	offender.
1608
1609	The commission may not appoint a person to conduct a risk
1610	assessment and may not accept a risk assessment from a person
1611	who has not demonstrated to the commission that he or she has
1612	met the requirements of a qualified practitioner as defined in
1613	this section.
1614	6.  If the victim was under age 18, a prohibition on
1615	working for pay or as a volunteer at any school, day care
1616	center, park, playground, or other place where children
1617	regularly congregate, as prescribed by the commission.
1618	7.  Unless otherwise indicated in the treatment plan
1619	provided by the sexual offender treatment program, a prohibition
1620	on viewing, owning, or possessing any obscene, pornographic, or
1621	sexually stimulating visual or auditory material, including
1622	telephone, electronic media, computer programs, or computer
1623	services that are relevant to the offender's deviant behavior
1624	pattern.
1625	8.  Effective for a releasee whose crime is committed on or
1626	after July 1, 2005, a prohibition on accessing the Internet or
1627	other computer services until the offender's sex offender
1628	treatment program, after a risk assessment is completed,
1629	approves and implements a safety plan for the offender's
1630	accessing or using the Internet or other computer services.
1631	9.  A requirement that the releasee must submit two
1632	specimens of blood to the Florida Department of Law Enforcement
1633	to be registered with the DNA database.
1634	10.  A requirement that the releasee make restitution to
1635	the victim, as determined by the sentencing court or the
1636	commission, for all necessary medical and related professional
1637	services relating to physical, psychiatric, and psychological
1638	care.
1639	11.  Submission to a warrantless search by the community
1640	control or probation officer of the probationer's or community
1641	controllee's person, residence, or vehicle.
1642	(b)  For a releasee whose crime was committed on or after
1643	October 1, 1997, in violation of chapter 794, s. 800.04, s.
1644	827.071, or s. 847.0145, and who is subject to conditional
1645	release supervision, in addition to any other provision of this
1646	subsection, the commission shall impose the following additional
1647	conditions of conditional release supervision are hereby
1648	imposed:
1649	1.  As part of a treatment program, participation in a
1650	minimum of one annual polygraph examination to obtain
1651	information necessary for risk management and treatment and to
1652	reduce the sex offender's denial mechanisms. The polygraph
1653	examination must be conducted by a polygrapher trained
1654	specifically in the use of the polygraph for the monitoring of
1655	sex offenders, where available, and at the expense of the sex
1656	offender. The results of the polygraph examination shall not be
1657	used as evidence in a hearing to prove that a violation of
1658	supervision has occurred.
1659	2.  Maintenance of a driving log and a prohibition against
1660	driving a motor vehicle alone without the prior approval of the
1661	supervising officer.
1662	3.  A prohibition against obtaining or using a post office
1663	box without the prior approval of the supervising officer.
1664	4.  If there was sexual contact, a submission to, at the
1665	probationer's or community controllee's expense, an HIV test
1666	with the results to be released to the victim or the victim's
1667	parent or guardian.
1668	5.  Electronic monitoring of any form when ordered by the
1669	commission.
1670	(9)  The department commission shall adopt rules pursuant
1671	to ss. 120.536(1) and 120.54 necessary to implement the
1672	provisions of the Conditional Release Program Act.
1673	Section 47.  Effective January 1, 2007, section 947.141,
1674	Florida Statutes, is amended to read:
1675	947.141  Violations of conditional release, control
1676	release, or conditional medical release or addiction-recovery
1677	supervision.--
1678	(1)  If a member of the court commission or a duly
1679	authorized representative of the commission has reasonable
1680	grounds to believe that an offender who is on release
1681	supervision under s. 947.1405, s. 947.146, s. 947.149, or s.
1682	944.4731 has violated the terms and conditions of the release in
1683	a material respect, the court such member or representative may
1684	cause a warrant to be issued for the arrest of the releasee; if
1685	the offender was found to be a sexual predator, the warrant must
1686	be issued.
1687	(2)  Upon the arrest on a felony charge of an offender who
1688	is on release supervision under s. 947.1405, s. 947.146, s.
1689	947.149, or s. 944.4731, the offender must be detained without
1690	bond until the initial appearance of the offender at which a
1691	judicial determination of probable cause is made. If the trial
1692	court judge determines that there was no probable cause for the
1693	arrest, the offender may be released. If the trial court judge
1694	determines that there was probable cause for the arrest, such
1695	determination also constitutes reasonable grounds to believe
1696	that the offender violated the conditions of the release. Within
1697	24 hours after the trial court judge's finding of probable
1698	cause, the detention facility administrator or designee shall
1699	notify the commission and the department of the finding and
1700	transmit to each a facsimile copy of the probable cause
1701	affidavit or the sworn offense report upon which the trial court
1702	judge's probable cause determination is based. The offender must
1703	continue to be detained without bond for a period not exceeding
1704	72 hours excluding weekends and holidays after the date of the
1705	probable cause determination, pending a decision by the court
1706	commission whether to issue a warrant charging the offender with
1707	violation of the conditions of release. Upon the issuance of the
1708	court's commission's warrant, the offender must continue to be
1709	held in custody pending a revocation hearing held in accordance
1710	with this section.
1711	(3)  Within 45 days after notice to the Parole Commission
1712	of the arrest of a releasee charged with a violation of the
1713	terms and conditions of conditional release, control release,
1714	conditional medical release, or addiction-recovery supervision,
1715	the releasee must be afforded a hearing conducted by a judge
1716	commissioner or a duly authorized representative thereof. If the
1717	releasee elects to proceed with a hearing, the releasee must be
1718	informed orally and in writing of the following:
1719	(a)  The alleged violation with which the releasee is
1720	charged.
1721	(b)  The releasee's right to be represented by counsel.
1722	(c)  The releasee's right to be heard in person.
1723	(d)  The releasee's right to secure, present, and compel
1724	the attendance of witnesses relevant to the proceeding.
1725	(e)  The releasee's right to produce documents on the
1726	releasee's own behalf.
1727	(f)  The releasee's right of access to all evidence used
1728	against the releasee and to confront and cross-examine adverse
1729	witnesses.
1730	(g)  The releasee's right to waive the hearing.
1731	(4)  Within a reasonable time following the hearing, the
1732	judge commissioner or the judge's commissioner's duly authorized
1733	representative who conducted the hearing shall make findings of
1734	fact in regard to the alleged violation. The judge A panel of no
1735	fewer than two commissioners shall enter an order determining
1736	whether the charge of violation of conditional release, control
1737	release, conditional medical release, or addiction-recovery
1738	supervision has been sustained based upon his or her the
1739	findings of fact or by the findings of the duly presented by the
1740	hearing commissioner or authorized representative. By such
1741	order, the court panel may revoke conditional release, control
1742	release, conditional medical release, or addiction-recovery
1743	supervision and thereby return the releasee to prison to serve
1744	the sentence imposed, reinstate the original order granting the
1745	release, or enter such other order as it considers proper.
1746	Effective for inmates whose offenses were committed on or after
1747	July 1, 1995, the court panel may order the placement of a
1748	releasee, upon a finding of violation pursuant to this
1749	subsection, into a local detention facility as a condition of
1750	supervision.
1751	(5)  Effective for inmates whose offenses were committed on
1752	or after July 1, 1995, notwithstanding the provisions of ss.
1753	775.08, former 921.001, 921.002, 921.187, 921.188, 944.02, and
1754	951.23, or any other law to the contrary, by such order as
1755	provided in subsection (4), the court panel, upon a finding of
1756	guilt, may, as a condition of continued supervision, place the
1757	releasee in a local detention facility for a period of
1758	incarceration not to exceed 22 months. Prior to the expiration
1759	of the term of incarceration, or upon recommendation of the
1760	chief correctional officer of that county, the court commission
1761	shall cause inquiry into the inmate's release plan and custody
1762	status in the detention facility and consider whether to restore
1763	the inmate to supervision, modify the conditions of supervision,
1764	or enter an order of revocation, thereby causing the return of
1765	the inmate to prison to serve the sentence imposed. The
1766	provisions of this section do not prohibit the court panel from
1767	entering such other order or conducting any investigation that
1768	it deems proper. The court commission may only place a person in
1769	a local detention facility pursuant to this section if there is
1770	a contractual agreement between the chief correctional officer
1771	of that county and the Department of Corrections. The agreement
1772	must provide for a per diem reimbursement for each person placed
1773	under this section, which is payable by the Department of
1774	Corrections for the duration of the offender's placement in the
1775	facility. This section does not limit the court's commission's
1776	ability to place a person in a local detention facility for less
1777	than 1 year.
1778	(6)  Whenever a conditional release, control release,
1779	conditional medical release, or addiction-recovery supervision
1780	is revoked as provided by this section by a panel of no fewer
1781	than two commissioners and the releasee is ordered to be
1782	returned to prison, the releasee, by reason of the misconduct,
1783	shall be deemed to have forfeited all gain-time or commutation
1784	of time for good conduct, as provided for by law, earned up to
1785	the date of release. However, if a conditional medical release
1786	is revoked due to the improved medical or physical condition of
1787	the releasee, the releasee shall not forfeit gain-time accrued
1788	before the date of conditional medical release. This subsection
1789	does not deprive the prisoner of the right to gain-time or
1790	commutation of time for good conduct, as provided by law, from
1791	the date of return to prison.
1792	(7)  If a law enforcement officer has probable cause to
1793	believe that an offender who is on release supervision under s.
1794	947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
1795	the terms and conditions of his or her release by committing a
1796	felony offense, the officer shall arrest the offender without a
1797	warrant, and a warrant need not be issued in the case.
1798	Section 48.  Effective January 1, 2007, subsection (1) and
1799	paragraph (b) of subsection (7) of section 947.146, Florida
1800	Statutes, are amended to read:
1801	947.146  Control Release Authority.--
1802	(1)  There may be is created a Control Release Authority to
1803	be administratively housed within the Department of Corrections,
1804	which shall be composed of five the members appointed by the
1805	Governor, who shall also designate the chair of the Parole
1806	Commission and which shall have the same chair as the
1807	commission. The authority shall use utilize such commission
1808	staff from the Department of Corrections as it determines is
1809	necessary to carry out its purposes.
1810	(7)  The authority has the power and duty to:
1811	(b)  Authorize an individual member of the authority
1812	commissioner to postpone a control release date for not more
1813	than 60 days without a hearing for any inmate who has become the
1814	subject of a disciplinary proceeding, a criminal arrest, an
1815	information, or an indictment; who has been terminated from work
1816	release; or about whom there is any recently discovered
1817	information as specified in paragraph (a).
1818	Section 49.  Effective January 1, 2007, section 947.181,
1819	Florida Statutes, is amended to read:
1820	947.181  Victim restitution as condition of parole.--
1821	(1)(a)  The regional parole boards Parole Commission shall
1822	require as a condition of parole reparation or restitution to
1823	the aggrieved party for the damage or loss caused by the offense
1824	for which the parolee was imprisoned unless the commission finds
1825	reasons to the contrary. If a regional parole board the
1826	commission does not order restitution or orders only partial
1827	restitution, the board commission shall state on the record the
1828	reasons therefor. The amount of such reparation or restitution
1829	shall be determined by the regional parole board having
1830	jurisdiction Parole Commission.
1831	(b)  If the parolee fails to make the reparation or
1832	restitution to the aggrieved party as authorized in paragraph
1833	(a), it shall be considered by the court commission as a
1834	violation of parole as specified in s. 947.21 and may be cause
1835	for revocation of her or his parole.
1836	(2)  If a defendant is paroled, any restitution ordered
1837	under s. 775.089 shall be a condition of such parole. The court
1838	Parole Commission may revoke parole if the defendant fails to
1839	comply with such order. In determining whether to revoke parole,
1840	the court Parole Commission shall consider the defendant's
1841	employment status, earning ability, and financial resources; the
1842	willfulness of the defendant's failure to pay; and any other
1843	special circumstances that may have a bearing on the defendant's
1844	ability to pay.
1845	Section 50.  Effective January 1, 2007, section 947.185,
1846	Florida Statutes, is amended to read:
1847	947.185  Application for mental retardation services as
1848	condition of parole.--A regional parole board The Parole
1849	Commission may require as a condition of parole that any inmate
1850	who has been diagnosed as mentally retarded as defined in s.
1851	393.063 shall, upon release, apply for retardation services from
1852	the Department of Children and Family Services.
1853	Section 51.  Effective January 1, 2007, subsections (1) and
1854	(2) of section 947.22, Florida Statutes, are amended to read:
1855	947.22  Authority to arrest parole violators with or
1856	without warrant.--
1857	(1)  If a court member of the commission or a duly
1858	authorized representative of the commission has reasonable
1859	grounds to believe that a parolee has violated the terms and
1860	conditions of her or his parole in a material respect, it such
1861	member or representative may issue a warrant for the arrest of
1862	such parolee. The warrant shall be returnable before the court a
1863	member of the commission or a duly authorized representative of
1864	the commission. The court commission, a commissioner, or a
1865	parole examiner with approval of the parole examiner supervisor,
1866	may release the parolee on bail or her or his own recognizance,
1867	conditioned upon her or his appearance at any hearings noticed
1868	by the commission. If not released on bail or her or his own
1869	recognizance, the parolee shall be committed to jail pending
1870	hearings pursuant to s. 947.23. The commission, at its election,
1871	may have the hearing conducted by one or more commissioners or
1872	by a duly authorized representative of the commission. Any
1873	parole and probation officer, any officer authorized to serve
1874	criminal process, or any peace officer of this state is
1875	authorized to execute the warrant.
1876	(2)  Any parole and probation officer, when she or he has
1877	reasonable ground to believe that a parolee, control releasee,
1878	or conditional releasee has violated the terms and conditions of
1879	her or his parole, control release, or conditional release in a
1880	material respect, has the right to arrest the releasee or
1881	parolee without warrant and bring her or him forthwith before a
1882	court one or more commissioners or a duly authorized
1883	representative of the Parole Commission or Control Release
1884	Authority; and proceedings shall thereupon be had as provided
1885	herein when a warrant has been issued by a member of the
1886	commission or authority or a duly authorized representative of
1887	the commission or authority.
1888	Section 52.  Subsection (2) of section 948.03, Florida
1889	Statutes, is amended to read:
1890	948.03  Terms and conditions of probation.--
1891	(2)  The enumeration of specific kinds of terms and
1892	conditions shall not prevent the court from adding thereto such
1893	other or others as it considers proper. However, the sentencing
1894	court may only impose a condition of supervision allowing an
1895	offender convicted of s. 794.011, s. 800.04, s. 827.071, or s.
1896	847.0145, to reside in another state, if the order stipulates
1897	that it is contingent upon the approval of the receiving state
1898	interstate compact authority. The court may rescind or modify at
1899	any time the terms and conditions theretofore imposed by it upon
1900	the probationer. However, if the court withholds adjudication of
1901	guilt or imposes a period of incarceration as a condition of
1902	probation, the period shall not exceed 364 days, and
1903	incarceration shall be restricted to either a county facility, a
1904	probation and restitution center under the jurisdiction of the
1905	Department of Corrections, a probation program drug punishment
1906	phase I secure residential treatment institution, or a community
1907	residential facility owned or operated by any entity providing
1908	such services.
1909	Section 53.  Subsection (1) of section 948.035, Florida
1910	Statutes, is amended to read:
1911	948.035  Residential treatment as a condition of probation
1912	or community control.--
1913	(1)  If the court imposes a period of residential treatment
1914	or incarceration as a condition of probation or community
1915	control, the residential treatment or incarceration shall be
1916	restricted to the following facilities:
1917	(a)  A Department of Corrections probation and restitution
1918	center;
1919	(b)  A probation program drug punishment treatment
1920	community;
1921	(b)(c)  A community residential facility which is owned and
1922	operated by any public or private entity, excluding a community
1923	correctional center as defined in s. 944.026; or
1924	(c)(d)  A county-owned facility.
1925	Section 54.  Subsections (1) and (8) of section 948.08,
1926	Florida Statutes, are amended, and subsection (9) is added to
1927	that section, to read:
1928	948.08  Pretrial intervention program.--
1929	(1)  At its discretion, each county may operate and The
1930	department shall supervise pretrial intervention programs for
1931	persons charged with a crime, before or after any information
1932	has been filed or an indictment has been returned in the circuit
1933	court. Such programs shall provide appropriate counseling,
1934	education, supervision, and medical and psychological treatment
1935	as available and when appropriate for the persons released to
1936	such programs. Effective July 1, 2007, the department shall no
1937	longer be responsible for the supervision of pretrial
1938	intervention programs, including the supervision of offenders in
1939	pretrial intervention programs.
1940	(8)  The county department may contract for the services
1941	and facilities necessary to operate pretrial intervention
1942	programs.
1943	(9)  The Department of Corrections shall no longer
1944	supervise offenders under pretrial intervention supervision
1945	effective July 1, 2007, but the county may supervise such
1946	offenders if the county elects to continue a pretrial
1947	supervision program or may be referred to the State Attorney's
1948	Office for further consideration.
1949	Section 55.  Effective January 1, 2007, paragraph (a) of
1950	subsection (1) and subsections (3) and (6) of section 948.09,
1951	Florida Statutes, are amended to read:
1952	948.09  Payment for cost of supervision and
1953	rehabilitation.--
1954	(1)(a)1.  Any person ordered by the court, the Department
1955	of Corrections, or the parole commission to be placed on
1956	probation, drug offender probation, community control, parole,
1957	control release, provisional release supervision, addiction-
1958	recovery supervision, or conditional release supervision under
1959	chapter 944, chapter 945, chapter 947, chapter 948, or chapter
1960	958, or in a pretrial intervention program, must, as a condition
1961	of any placement, pay the department a total sum of money equal
1962	to the total month or portion of a month of supervision times
1963	the court-ordered amount, but not to exceed the actual per diem
1964	cost of the supervision. The department shall adopt rules by
1965	which an offender who pays in full and in advance of regular
1966	termination of supervision may receive a reduction in the amount
1967	due. The rules shall incorporate provisions by which the
1968	offender's ability to pay is linked to an established written
1969	payment plan. Funds collected from felony offenders may be used
1970	to offset costs of the Department of Corrections associated with
1971	community supervision programs, subject to appropriation by the
1972	Legislature.
1973	2.  In addition to any other contribution or surcharge
1974	imposed by this section, each felony offender assessed under
1975	this paragraph shall pay a $2-per-month surcharge to the
1976	department. The surcharge shall be deemed to be paid only after
1977	the full amount of any monthly payment required by the
1978	established written payment plan has been collected by the
1979	department. These funds shall be used by the department to pay
1980	for correctional probation officers' training and equipment,
1981	including radios, and firearms training, firearms, and attendant
1982	equipment necessary to train and equip officers who choose to
1983	carry a concealed firearm while on duty. Nothing in this
1984	subparagraph shall be construed to limit the department's
1985	authority to determine who shall be authorized to carry a
1986	concealed firearm while on duty, or to limit the right of a
1987	correctional probation officer to carry a personal firearm
1988	approved by the department.
1989	(3)  Any failure to pay contribution as required under this
1990	section may constitute a ground for the revocation of probation,
1991	parole, or conditional release by the court, the revocation of
1992	parole or conditional release by the Parole Commission, the
1993	revocation of control release by the Control Release Authority,
1994	or removal from the pretrial intervention program by the state
1995	attorney. The Department of Corrections may exempt a person from
1996	the payment of all or any part of the contribution if it finds
1997	any of the following factors to exist:
1998	(a)  The offender has diligently attempted, but has been
1999	unable, to obtain employment which provides him or her
2000	sufficient income to make such payments.
2001	(b)  The offender is a student in a school, college,
2002	university, or course of career training designed to fit the
2003	student for gainful employment. Certification of such student
2004	status shall be supplied to the Secretary of Corrections by the
2005	educational institution in which the offender is enrolled.
2006	(c)  The offender has an employment handicap, as determined
2007	by a physical, psychological, or psychiatric examination
2008	acceptable to, or ordered by, the secretary.
2009	(d)  The offender's age prevents him or her from obtaining
2010	employment.
2011	(e)  The offender is responsible for the support of
2012	dependents, and the payment of such contribution constitutes an
2013	undue hardship on the offender.
2014	(f)  The offender has been transferred outside the state
2015	under an interstate compact adopted pursuant to chapter 949.
2016	(g)  There are other extenuating circumstances, as
2017	determined by the secretary.
2018	(6)  In addition to any other required contributions, the
2019	department, at its discretion, may require offenders under any
2020	form of supervision to submit to and pay for urinalysis testing
2021	to identify drug usage as part of the rehabilitation program.
2022	Any failure to make such payment, or participate, may be
2023	considered a ground for revocation by the court, the Parole
2024	Commission, or the Control Release Authority, or for removal
2025	from the pretrial intervention program by the state attorney.
2026	The department may exempt a person from such payment if it
2027	determines that any of the factors specified in subsection (3)
2028	exist.
2029	Section 56.  Effective January 1, 2007, subsection (1) of
2030	section 948.10, Florida Statutes, is amended to read:
2031	948.10  Community control programs.--
2032	(1)  The Department of Corrections shall develop and
2033	administer a community control program. Such community control
2034	program and required manuals shall be developed in consultation
2035	with the Florida Conference of Circuit Court Judges and the
2036	office of the State Courts Administrator. This complementary
2037	program shall be rigidly structured and designed to accommodate
2038	offenders who, in the absence of such a program, would have been
2039	incarcerated. The program shall focus on the provision of
2040	sanctions and consequences which are commensurate with the
2041	seriousness of the crime. The program shall offer the courts and
2042	the Parole Commission an alternative, community-based method to
2043	punish an offender in lieu of incarceration when the offender is
2044	a member of one of the following target groups:
2045	(a)  Probation violators charged with technical violations
2046	or misdemeanor violations.
2047	(b)  Parole violators charged with technical violations or
2048	misdemeanor violations.
2049	(c)  Individuals found guilty of felonies, who, due to
2050	their criminal backgrounds or the seriousness of the offenses,
2051	would not be placed on regular probation.
2052	Section 57.  Subsection (2) of section 948.101, Florida
2053	Statutes, is amended to read:
2054	948.101  Terms and conditions of community control and
2055	criminal quarantine community control.--
2056	(2)  The enumeration of specific kinds of terms and
2057	conditions does not prevent the court from adding thereto any
2058	other terms or conditions that the court considers proper.
2059	However, the sentencing court may only impose a condition of
2060	supervision allowing an offender convicted of s. 794.011, s.
2061	800.04, s. 827.071, or s. 847.0145 to reside in another state if
2062	the order stipulates that it is contingent upon the approval of
2063	the receiving state interstate compact authority. The court may
2064	rescind or modify at any time the terms and conditions
2065	theretofore imposed by it upon the offender in community
2066	control. However, if the court withholds adjudication of guilt
2067	or imposes a period of incarceration as a condition of community
2068	control, the period may not exceed 364 days, and incarceration
2069	shall be restricted to a county facility, a probation and
2070	restitution center under the jurisdiction of the Department of
2071	Corrections, a probation program drug punishment phase I secure
2072	residential treatment institution, or a community residential
2073	facility owned or operated by any entity providing such
2074	services.
2075	Section 58.  Paragraph (b) of subsection (4) of section
2076	948.51, Florida Statutes, is amended to read:
2077	948.51  Community corrections assistance to counties or
2078	county consortiums.--
2079	(4)  PURPOSES OF COMMUNITY CORRECTIONS FUNDS.--
2080	(b)  Programs, services, and facilities that may be funded
2081	under this section include, but are not limited to:
2082	1.  Programs providing pretrial services.
2083	2.  Specialized divisions within the circuit or county
2084	court established for the purpose of hearing specific types of
2085	cases, such as drug cases or domestic violence cases.
2086	3.  Work camps.
2087	4.  Programs providing intensive probation supervision.
2088	5.  Military-style boot camps.
2089	6.  Work-release facilities.
2090	7.  Centers to which offenders report during the day.
2091	8.  Restitution centers.
2092	9.  Inpatient or outpatient programs for substance abuse
2093	treatment and counseling.
2094	9.10.  Vocational and educational programs.
2095	Section 59.  Effective January 1, 2007, section 949.05,
2096	Florida Statutes, is amended to read:
2097	949.05  Constitutionality.--
2098	(1)  If any clause, sentence, paragraph, section, or part
2099	of chapters 947-949 shall for any reason be adjudged by any
2100	court of competent jurisdiction to be unconstitutional, invalid,
2101	or void, such judgment shall not affect, impair, or invalidate
2102	the remainder of the law, but shall be confined in its operation
2103	to the clause, sentence, paragraph, section, or part thereof
2104	directly involved in the controversy in which such judgment
2105	shall have been rendered.
2106	(2)  If the method of selecting the commission members as
2107	herein provided is found to be invalid by reason of the vesting
2108	of the appointing power in the Governor and the Cabinet, the
2109	members of the Parole Commission herein provided for shall be
2110	appointed by the Governor.
2111	Section 60.  Subsections (3), (4), and (5) of section
2112	951.231, Florida Statutes, are amended to read:
2113	951.231  County residential probation program.--
2114	(3)  A local government having an existing Department of
2115	Corrections probation and restitution center within its
2116	boundaries with current available capacity may contract with the
2117	Department of Corrections to house prisoners sentenced in
2118	accordance with s. 921.18.
2119	(4)  A local government having an existing Department of
2120	Corrections probation and restitution center within its
2121	boundaries without current available capacity, or a local
2122	government not having an existing Department of Corrections
2123	probation and restitution center within its boundaries, may
2124	provide facilities either through construction, purchase, or
2125	lease of new facilities or purchase, renovation, or lease of
2126	existing facilities.
2127	(4)(5)  Local governments participating in this program may
2128	apply to the Department of Corrections for funding. The
2129	department shall allocate the funding for this program to the
2130	extent authorized in the General Appropriations Act.
2131	Section 61.  Paragraph (e) of subsection (1) of section
2132	957.04, Florida Statutes, is amended to read:
2133	957.04  Contract requirements.--
2134	(1)  A contract entered into under this chapter for the
2135	operation of private correctional facilities shall maximize the
2136	cost savings of such facilities and shall:
2137	(e)  Establish operations standards for correctional
2138	facilities subject to the contract. However, if the department
2139	and the contractor disagree with an operations standard, the
2140	contractor may propose to waive any rule, policy, or procedure
2141	of the department related to the operations standards of
2142	correctional facilities which is inconsistent with the mission
2143	of the contractor to establish cost-effective, privately
2144	operated correctional facilities. The Department of Management
2145	Services Florida Corrections Commission shall be responsible for
2146	considering all proposals from the contractor to waive any rule,
2147	policy, or procedure and shall render a final decision granting
2148	or denying such request.
2149	Section 62.  Effective January 1, 2007, subsection (6) of
2150	section 957.06, Florida Statutes, is amended to read:
2151	957.06  Powers and duties not delegable to contractor.--A
2152	contract entered into under this chapter does not authorize,
2153	allow, or imply a delegation of authority to the contractor to:
2154	(6)  Make recommendations to a regional parole board the
2155	Parole Commission with respect to the denial or granting of
2156	parole, control release, conditional release, or conditional
2157	medical release. However, the contractor may submit written
2158	reports to a regional parole board the Parole Commission and
2159	must respond to a written request by a regional parole board the
2160	Parole Commission for information.
2161	Section 63.  Subsection (5) of section 957.07, Florida
2162	Statutes, is amended to read:
2163	957.07  Cost-saving requirements.--
2164	(5)(a)  At the request of the Speaker of the House of
2165	Representatives or the President of the Senate By February 1
2166	each year, the Prison Per-Diem Workgroup shall develop consensus
2167	per diem rates for use by the Legislature to be used when
2168	determining per diem rates of privately operated prisons. The
2169	Office of Program Policy Analysis and Government Accountability,
2170	the Office of the Auditor General, and the staffs of the
2171	appropriations committees of both the Senate and the House of
2172	Representatives are the principals of the workgroup. The
2173	workgroup may consult with other experts to assist in the
2174	development of the consensus per diem rates. All meetings of the
2175	workgroup shall be open to the public as provided in chapter
2176	286.
2177	(b)  When developing the consensus per diem rates, the
2178	workgroup must:
2179	1.  Use data provided by the Department of Corrections from
2180	the most recent fiscal year to determine per diem costs for the
2181	following activities:
2182	a.  Custody and control;
2183	b.  Health services;
2184	c.  Substance abuse programs; and
2185	d.  Educational programs;
2186	2.  Include the cost of departmental, regional,
2187	institutional, and program administration and any other fixed
2188	costs of the department;
2189	3.  Calculate average per diem rates for the following
2190	offender populations: adult male, youthful offender male, and
2191	female; and
2192	4.  Make per diem adjustments, as appropriate, to account
2193	for variations in size and location of correctional facilities.
2194	(c)  It is the intent of the Legislature that The consensus
2195	per diem rates determined by the workgroup may shall be used to
2196	assist the Legislature in determining determine the level of
2197	funding provided to privately operated prisons to meet the,
2198	which must reflect at least a 7-percent savings required of
2199	private prisons by this chapter when compared to the Department
2200	of Corrections.
2201	(d)  If a private vendor chooses not to renew the contract
2202	at the appropriated level, the Department of Management Services
2203	shall terminate the contract as provided in s. 957.14.
2204	(e)  This subsection supersedes the proviso language
2205	immediately following Specific Appropriation 570 in the
2206	Conference Report on CS for SB 2-C.
2207	Section 64.  Paragraphs (b) and (c) of subsection (2) of
2208	section 958.04, Florida Statutes, are amended to read:
2209	958.04  Judicial disposition of youthful offenders.--
2210	(2)  In lieu of other criminal penalties authorized by law
2211	and notwithstanding any imposition of consecutive sentences, the
2212	court shall dispose of the criminal case as follows:
2213	(b)  The court may impose a period of incarceration as a
2214	condition of probation or community control, which period of
2215	incarceration shall be served in either a county facility, a
2216	department probation and restitution center, or a community
2217	residential facility which is owned and operated by any public
2218	or private entity providing such services. No youthful offender
2219	may be required to serve a period of incarceration in a
2220	community correctional center as defined in s. 944.026.
2221	Admission to a department facility or center shall be contingent
2222	upon the availability of bed space and shall take into account
2223	the purpose and function of such facility or center. Placement
2224	in such a facility or center shall not exceed 364 days.
2225	(c)  The court may impose a split sentence whereby the
2226	youthful offender is to be placed on probation or community
2227	control upon completion of any specified period of
2228	incarceration; however, if the incarceration period is to be
2229	served in a department facility other than a probation and
2230	restitution center or community residential facility, such
2231	period shall be for not less than 1 year or more than 4 years.
2232	The period of probation or community control shall commence
2233	immediately upon the release of the youthful offender from
2234	incarceration. The period of incarceration imposed or served and
2235	the period of probation or community control, when added
2236	together, shall not exceed 6 years.
2237	Section 65.  Effective January 1, 2007, paragraph (c) of
2238	subsection (8) of section 958.045, Florida Statutes, is amended
2239	to read:
2240	958.045  Youthful offender basic training program.--
2241	(8)
2242	(c)  The department shall work cooperatively with the
2243	Control Release Authority or the regional parole board having
2244	jurisdiction Parole Commission to effect the release of an
2245	offender who has successfully completed the requirements of the
2246	basic training program.
2247	Section 66.  Effective January 1, 2007, subsection (1) of
2248	section 960.001, Florida Statutes, is amended to read:
2249	960.001  Guidelines for fair treatment of victims and
2250	witnesses in the criminal justice and juvenile justice
2251	systems.--
2252	(1)  The Department of Legal Affairs, the state attorneys,
2253	the Department of Corrections, the Department of Juvenile
2254	Justice, the Parole Commission, the State Courts Administrator
2255	and circuit court administrators, the Department of Law
2256	Enforcement, and every sheriff's department, police department,
2257	or other law enforcement agency as defined in s. 943.10(4) shall
2258	develop and implement guidelines for the use of their respective
2259	agencies, which guidelines are consistent with the purposes of
2260	this act and s. 16(b), Art. I of the State Constitution and are
2261	designed to implement the provisions of s. 16(b), Art. I of the
2262	State Constitution and to achieve the following objectives:
2263	(a)  Information concerning services available to victims
2264	of adult and juvenile crime.--As provided in s. 27.0065, state
2265	attorneys and public defenders shall gather information
2266	regarding the following services in the geographic boundaries of
2267	their respective circuits and shall provide such information to
2268	each law enforcement agency with jurisdiction within such
2269	geographic boundaries. Law enforcement personnel shall ensure,
2270	through distribution of a victim's rights information card or
2271	brochure at the crime scene, during the criminal investigation,
2272	and in any other appropriate manner, that victims are given, as
2273	a matter of course at the earliest possible time, information
2274	about:
2275	1.  The availability of crime victim compensation, when
2276	applicable;
2277	2.  Crisis intervention services, supportive or bereavement
2278	counseling, social service support referrals, and community-
2279	based victim treatment programs;
2280	3.  The role of the victim in the criminal or juvenile
2281	justice process, including what the victim may expect from the
2282	system as well as what the system expects from the victim;
2283	4.  The stages in the criminal or juvenile justice process
2284	which are of significance to the victim and the manner in which
2285	information about such stages can be obtained;
2286	5.  The right of a victim, who is not incarcerated,
2287	including the victim's parent or guardian if the victim is a
2288	minor, the lawful representative of the victim or of the
2289	victim's parent or guardian if the victim is a minor, and the
2290	next of kin of a homicide victim, to be informed, to be present,
2291	and to be heard when relevant, at all crucial stages of a
2292	criminal or juvenile proceeding, to the extent that this right
2293	does not interfere with constitutional rights of the accused, as
2294	provided by s. 16(b), Art. I of the State Constitution;
2295	6.  In the case of incarcerated victims, the right to be
2296	informed and to submit written statements at all crucial stages
2297	of the criminal proceedings, parole proceedings, or juvenile
2298	proceedings; and
2299	7.  The right of a victim to a prompt and timely
2300	disposition of the case in order to minimize the period during
2301	which the victim must endure the responsibilities and stress
2302	involved to the extent that this right does not interfere with
2303	the constitutional rights of the accused.
2304	(b)  Information for purposes of notifying victim or
2305	appropriate next of kin of victim or other designated contact of
2306	victim.--In the case of a homicide, pursuant to chapter 782; or
2307	a sexual offense, pursuant to chapter 794; or an attempted
2308	murder or sexual offense, pursuant to chapter 777; or stalking,
2309	pursuant to s. 784.048; or domestic violence, pursuant to s.
2310	25.385:
2311	1.  The arresting law enforcement officer or personnel of
2312	an organization that provides assistance to a victim or to the
2313	appropriate next of kin of the victim or other designated
2314	contact must request that the victim or appropriate next of kin
2315	of the victim or other designated contact complete a victim
2316	notification card. However, the victim or appropriate next of
2317	kin of the victim or other designated contact may choose not to
2318	complete the victim notification card.
2319	2.  Unless the victim or the appropriate next of kin of the
2320	victim or other designated contact waives the option to complete
2321	the victim notification card, a copy of the victim notification
2322	card must be filed with the incident report or warrant in the
2323	sheriff's office of the jurisdiction in which the incident
2324	report or warrant originated. The notification card shall, at a
2325	minimum, consist of:
2326	a.  The name, address, and phone number of the victim; or
2327	b.  The name, address, and phone number of the appropriate
2328	next of kin of the victim; or
2329	c.  The name, address, and phone number of a designated
2330	contact other than the victim or appropriate next of kin of the
2331	victim; and
2332	d.  Any relevant identification or case numbers assigned to
2333	the case.
2334	3.  The chief administrator, or a person designated by the
2335	chief administrator, of a county jail, municipal jail, juvenile
2336	detention facility, or residential commitment facility shall
2337	make a reasonable attempt to notify the alleged victim or
2338	appropriate next of kin of the alleged victim or other
2339	designated contact within 4 hours following the release of the
2340	defendant on bail or, in the case of a juvenile offender, upon
2341	the release from residential detention or commitment. If the
2342	chief administrator, or designee, is unable to contact the
2343	alleged victim or appropriate next of kin of the alleged victim
2344	or other designated contact by telephone, the chief
2345	administrator, or designee, must send to the alleged victim or
2346	appropriate next of kin of the alleged victim or other
2347	designated contact a written notification of the defendant's
2348	release.
2349	4.  Unless otherwise requested by the victim or the
2350	appropriate next of kin of the victim or other designated
2351	contact, the information contained on the victim notification
2352	card must be sent by the chief administrator, or designee, of
2353	the appropriate facility to the subsequent correctional or
2354	residential commitment facility following the sentencing and
2355	incarceration of the defendant, and unless otherwise requested
2356	by the victim or the appropriate next of kin of the victim or
2357	other designated contact, he or she must be notified of the
2358	release of the defendant from incarceration as provided by law.
2359	5.  If the defendant was arrested pursuant to a warrant
2360	issued or taken into custody pursuant to s. 985.207 in a
2361	jurisdiction other than the jurisdiction in which the defendant
2362	is being released, and the alleged victim or appropriate next of
2363	kin of the alleged victim or other designated contact does not
2364	waive the option for notification of release, the chief
2365	correctional officer or chief administrator of the facility
2366	releasing the defendant shall make a reasonable attempt to
2367	immediately notify the chief correctional officer of the
2368	jurisdiction in which the warrant was issued or the juvenile was
2369	taken into custody pursuant to s. 985.207, and the chief
2370	correctional officer of that jurisdiction shall make a
2371	reasonable attempt to notify the alleged victim or appropriate
2372	next of kin of the alleged victim or other designated contact,
2373	as provided in this paragraph, that the defendant has been or
2374	will be released.
2375	(c)  Information concerning protection available to victim
2376	or witness.--A victim or witness shall be furnished, as a matter
2377	of course, with information on steps that are available to law
2378	enforcement officers and state attorneys to protect victims and
2379	witnesses from intimidation. Victims of domestic violence shall
2380	also be given information about the address confidentiality
2381	program provided under s. 741.403.
2382	(d)  Notification of scheduling changes.--Each victim or
2383	witness who has been scheduled to attend a criminal or juvenile
2384	justice proceeding shall be notified as soon as possible by the
2385	agency scheduling his or her appearance of any change in
2386	scheduling which will affect his or her appearance.
2387	(e)  Advance notification to victim or relative of victim
2388	concerning judicial proceedings; right to be present.--Any
2389	victim, parent, guardian, or lawful representative of a minor
2390	who is a victim, or relative of a homicide victim shall receive
2391	from the appropriate agency, at the address found in the police
2392	report or the victim notification card if such has been provided
2393	to the agency, prompt advance notification, unless the agency
2394	itself does not have advance notification, of judicial and
2395	postjudicial proceedings relating to his or her case, including
2396	all proceedings or hearings relating to:
2397	1.  The arrest of an accused;
2398	2.  The release of the accused pending judicial proceedings
2399	or any modification of release conditions; and
2400	3.  Proceedings in the prosecution or petition for
2401	delinquency of the accused, including the filing of the
2402	accusatory instrument, the arraignment, disposition of the
2403	accusatory instrument, trial or adjudicatory hearing, sentencing
2404	or disposition hearing, appellate review, subsequent
2405	modification of sentence, collateral attack of a judgment, and,
2406	when a term of imprisonment, detention, or residential
2407	commitment is imposed, the release of the defendant or juvenile
2408	offender from such imprisonment, detention, or residential
2409	commitment by expiration of sentence or parole and any meeting
2410	held to consider such release.
2411
2412	A victim, a victim's parent or guardian if the victim is a
2413	minor, a lawful representative of the victim or of the victim's
2414	parent or guardian if the victim is a minor, or a victim's next
2415	of kin may not be excluded from any portion of any hearing,
2416	trial, or proceeding pertaining to the offense based solely on
2417	the fact that such person is subpoenaed to testify, unless, upon
2418	motion, the court determines such person's presence to be
2419	prejudicial. The appropriate agency with respect to notification
2420	under subparagraph 1. is the arresting law enforcement agency,
2421	and the appropriate agency with respect to notification under
2422	subparagraphs 2. and 3. is the Attorney General or state
2423	attorney, unless the notification relates to a hearing
2424	concerning parole, in which case the appropriate agency is the
2425	Office of the Attorney General Parole Commission. The Department
2426	of Corrections, the Department of Juvenile Justice, or the
2427	sheriff is the appropriate agency with respect to release by
2428	expiration of sentence or any other release program provided by
2429	law. Any victim may waive notification at any time, and such
2430	waiver shall be noted in the agency's files.
2431	(f)  Information concerning release from incarceration from
2432	a county jail, municipal jail, juvenile detention facility, or
2433	residential commitment facility.--The chief administrator, or a
2434	person designated by the chief administrator, of a county jail,
2435	municipal jail, juvenile detention facility, or residential
2436	commitment facility shall, upon the request of the victim or the
2437	appropriate next of kin of a victim or other designated contact
2438	of the victim of any of the crimes specified in paragraph (b),
2439	make a reasonable attempt to notify the victim or appropriate
2440	next of kin of the victim or other designated contact prior to
2441	the defendant's or offender's release from incarceration,
2442	detention, or residential commitment if the victim notification
2443	card has been provided pursuant to paragraph (b). If prior
2444	notification is not successful, a reasonable attempt must be
2445	made to notify the victim or appropriate next of kin of the
2446	victim or other designated contact within 4 hours following the
2447	release of the defendant or offender from incarceration,
2448	detention, or residential commitment. If the defendant is
2449	released following sentencing, disposition, or furlough, the
2450	chief administrator or designee shall make a reasonable attempt
2451	to notify the victim or the appropriate next of kin of the
2452	victim or other designated contact within 4 hours following the
2453	release of the defendant. If the chief administrator or designee
2454	is unable to contact the victim or appropriate next of kin of
2455	the victim or other designated contact by telephone, the chief
2456	administrator or designee must send to the victim or appropriate
2457	next of kin of the victim or other designated contact a written
2458	notification of the defendant's or offender's release.
2459	(g)  Consultation with victim or guardian or family of
2460	victim.--
2461	1.  In addition to being notified of the provisions of s.
2462	921.143, the victim of a felony involving physical or emotional
2463	injury or trauma or, in a case in which the victim is a minor
2464	child or in a homicide, the guardian or family of the victim
2465	shall be consulted by the state attorney in order to obtain the
2466	views of the victim or family about the disposition of any
2467	criminal or juvenile case brought as a result of such crime,
2468	including the views of the victim or family about:
2469	a.  The release of the accused pending judicial
2470	proceedings;
2471	b.  Plea agreements;
2472	c.  Participation in pretrial diversion programs; and
2473	d.  Sentencing of the accused.
2474	2.  Upon request, the state attorney shall permit the
2475	victim, the victim's parent or guardian if the victim is a
2476	minor, the lawful representative of the victim or of the
2477	victim's parent or guardian if the victim is a minor, or the
2478	victim's next of kin in the case of a homicide to review a copy
2479	of the presentence investigation report prior to the sentencing
2480	hearing if one was completed. Any confidential information that
2481	pertains to medical history, mental health, or substance abuse
2482	and any information that pertains to any other victim shall be
2483	redacted from the copy of the report. Any person who reviews the
2484	report pursuant to this paragraph must maintain the
2485	confidentiality of the report and shall not disclose its
2486	contents to any person except statements made to the state
2487	attorney or the court.
2488	3.  When an inmate has been approved for community work
2489	release, the Department of Corrections shall, upon request and
2490	as provided in s. 944.605, notify the victim, the victim's
2491	parent or guardian if the victim is a minor, the lawful
2492	representative of the victim or of the victim's parent or
2493	guardian if the victim is a minor, or the victim's next of kin
2494	if the victim is a homicide victim.
2495	(h)  Return of property to victim.--Law enforcement
2496	agencies and the state attorney shall promptly return a victim's
2497	property held for evidentiary purposes unless there is a
2498	compelling law enforcement reason for retaining it. The trial or
2499	juvenile court exercising jurisdiction over the criminal or
2500	juvenile proceeding may enter appropriate orders to implement
2501	the provisions of this subsection, including allowing
2502	photographs of the victim's property to be used as evidence at
2503	the criminal trial or the juvenile proceeding in place of the
2504	victim's property when no substantial evidentiary issue related
2505	thereto is in dispute.
2506	(i)  Notification to employer and explanation to creditors
2507	of victim or witness.--A victim or witness who so requests shall
2508	be assisted by law enforcement agencies and the state attorney
2509	in informing his or her employer that the need for victim and
2510	witness cooperation in the prosecution of the case may
2511	necessitate the absence of that victim or witness from work. A
2512	victim or witness who, as a direct result of a crime or of his
2513	or her cooperation with law enforcement agencies or a state
2514	attorney, is subjected to serious financial strain shall be
2515	assisted by such agencies and state attorney in explaining to
2516	the creditors of such victim or witness the reason for such
2517	serious financial strain.
2518	(j)  Notification of right to request restitution.--Law
2519	enforcement agencies and the state attorney shall inform the
2520	victim of the victim's right to request and receive restitution
2521	pursuant to s. 775.089 or s. 985.231(1)(a)1., and of the
2522	victim's rights of enforcement under ss. 775.089(6) and 985.201
2523	in the event an offender does not comply with a restitution
2524	order. The state attorney shall seek the assistance of the
2525	victim in the documentation of the victim's losses for the
2526	purpose of requesting and receiving restitution. In addition,
2527	the state attorney shall inform the victim if and when
2528	restitution is ordered. If an order of restitution is converted
2529	to a civil lien or civil judgment against the defendant, the
2530	clerks shall make available at their office, as well as on their
2531	website, information provided by the Secretary of State, the
2532	court, or The Florida Bar on enforcing the civil lien or
2533	judgment.
2534	(k)  Notification of right to submit impact statement.--The
2535	state attorney shall inform the victim of the victim's right to
2536	submit an oral or written impact statement pursuant to s.
2537	921.143 and shall assist in the preparation of such statement if
2538	necessary.
2539	(l)  Local witness coordination services.--The requirements
2540	for notification provided for in paragraphs (c), (d), and (i)
2541	may be performed by the state attorney or public defender for
2542	their own witnesses.
2543	(m)  Victim assistance education and training.--Victim
2544	assistance education and training shall be offered to persons
2545	taking courses at law enforcement training facilities and to
2546	state attorneys and assistant state attorneys so that victims
2547	may be promptly, properly, and completely assisted.
2548	(n)  General victim assistance.--Victims and witnesses
2549	shall be provided with such other assistance, such as
2550	transportation, parking, separate pretrial waiting areas, and
2551	translator services in attending court, as is practicable.
2552	(o)  Victim's rights information card or brochure.--A
2553	victim of a crime shall be provided with a victim's rights
2554	information card or brochure containing essential information
2555	concerning the rights of a victim and services available to a
2556	victim as required by state law.
2557	(p)  Information concerning escape from a state
2558	correctional institution, county jail, juvenile detention
2559	facility, or residential commitment facility.--In any case where
2560	an offender escapes from a state correctional institution,
2561	private correctional facility, county jail, juvenile detention
2562	facility, or residential commitment facility, the institution of
2563	confinement shall immediately notify the state attorney of the
2564	jurisdiction where the criminal charge or petition for
2565	delinquency arose and the judge who imposed the sentence of
2566	incarceration. The state attorney shall thereupon make every
2567	effort to notify the victim, material witness, parents or legal
2568	guardian of a minor who is a victim or witness, or immediate
2569	relatives of a homicide victim of the escapee. The state
2570	attorney shall also notify the sheriff of the county where the
2571	criminal charge or petition for delinquency arose. The sheriff
2572	shall offer assistance upon request. When an escaped offender is
2573	subsequently captured or is captured and returned to the
2574	institution of confinement, the institution of confinement shall
2575	again immediately notify the appropriate state attorney and
2576	sentencing judge pursuant to this section.
2577	(q)  Presence of victim advocate during discovery
2578	deposition; testimony of victim of a sexual offense.--At the
2579	request of the victim or the victim's parent, guardian, or
2580	lawful representative, the victim advocate designated by state
2581	attorney's office, sheriff's office, or municipal police
2582	department, or one representative from a not-for-profit victim
2583	services organization, including, but not limited to, rape
2584	crisis centers, domestic violence advocacy groups, and alcohol
2585	abuse or substance abuse groups shall be permitted to attend and
2586	be present during any deposition of the victim. The victim of a
2587	sexual offense shall be informed of the right to have the
2588	courtroom cleared of certain persons as provided in s. 918.16
2589	when the victim is testifying concerning that offense.
2590	(r)  Implementing crime prevention in order to protect the
2591	safety of persons and property, as prescribed in the State
2592	Comprehensive Plan.--By preventing crimes that create victims or
2593	further harm former victims, crime prevention efforts are an
2594	essential part of providing effective service for victims and
2595	witnesses. Therefore, the agencies identified in this subsection
2596	may participate in and expend funds for crime prevention, public
2597	awareness, public participation, and educational activities
2598	directly relating to, and in furtherance of, existing public
2599	safety statutes. Furthermore, funds may not be expended for the
2600	purpose of influencing public opinion on public policy issues
2601	that have not been resolved by the Legislature or the
2602	electorate.
2603	(s)  Attendance of victim at same school as
2604	defendant.--When the victim of an offense committed by a
2605	juvenile is a minor, the Department of Juvenile Justice shall
2606	request information to determine if the victim, or any sibling
2607	of the victim, attends or is eligible to attend the same school
2608	as the offender. However, if the offender is subject to a
2609	presentence investigation by the Department of Corrections, the
2610	Department of Corrections shall make such request. If the victim
2611	or any sibling of the victim attends or is eligible to attend
2612	the same school as that of the offender, the appropriate agency
2613	shall notify the victim's parent or legal guardian of the right
2614	to attend the sentencing or disposition of the offender and
2615	request that the offender be required to attend a different
2616	school.
2617	Section 67.  Effective January 1, 2007, subsection (3) of
2618	section 960.17, Florida Statutes, is amended to read:
2619	960.17  Award constitutes debt owed to state.--
2620	(3)  The regional parole board with jurisdiction Parole
2621	Commission shall make the payment of the debt to the state a
2622	condition of parole under chapter 947, unless the board
2623	commission finds reasons to the contrary. If the board
2624	commission does not order payment, or orders only partial
2625	payment, it shall state on the record the reasons therefor.
2626	Section 68.  Effective January 1, 2007, paragraph (a) of
2627	subsection (3) of section 985.04, Florida Statutes, is amended
2628	to read:
2629	985.04  Oaths; records; confidential information.--
2630	(3)(a)  Except as provided in subsections (2), (4), (5),
2631	and (6), and s. 943.053, all information obtained under this
2632	part in the discharge of official duty by any judge, any
2633	employee of the court, any authorized agent of the Department of
2634	Juvenile Justice, the regional parole boards Parole Commission,
2635	the Department of Corrections, the juvenile justice circuit
2636	boards, any law enforcement agent, or any licensed professional
2637	or licensed community agency representative participating in the
2638	assessment or treatment of a juvenile is confidential and may be
2639	disclosed only to the authorized personnel of the court, the
2640	Department of Juvenile Justice and its designees, the Department
2641	of Corrections, the regional parole boards Parole Commission,
2642	law enforcement agents, school superintendents and their
2643	designees, any licensed professional or licensed community
2644	agency representative participating in the assessment or
2645	treatment of a juvenile, and others entitled under this chapter
2646	to receive that information, or upon order of the court. Within
2647	each county, the sheriff, the chiefs of police, the district
2648	school superintendent, and the department shall enter into an
2649	interagency agreement for the purpose of sharing information
2650	about juvenile offenders among all parties. The agreement must
2651	specify the conditions under which summary criminal history
2652	information is to be made available to appropriate school
2653	personnel, and the conditions under which school records are to
2654	be made available to appropriate department personnel. Such
2655	agreement shall require notification to any classroom teacher of
2656	assignment to the teacher's classroom of a juvenile who has been
2657	placed in a probation or commitment program for a felony
2658	offense. The agencies entering into such agreement must comply
2659	with s. 943.0525, and must maintain the confidentiality of
2660	information that is otherwise exempt from s. 119.07(1), as
2661	provided by law.
2662	Section 69.  Effective January 1, 2007, subsection (2) of
2663	section 985.05, Florida Statutes, is amended to read:
2664	985.05  Court records.--
2665	(2)  The clerk shall keep all official records required by
2666	this section separate from other records of the circuit court,
2667	except those records pertaining to motor vehicle violations,
2668	which shall be forwarded to the Department of Highway Safety and
2669	Motor Vehicles. Except as provided in ss. 943.053 and 985.04(4),
2670	official records required by this part are not open to
2671	inspection by the public, but may be inspected only upon order
2672	of the court by persons deemed by the court to have a proper
2673	interest therein, except that a child and the parents,
2674	guardians, or legal custodians of the child and their attorneys,
2675	law enforcement agencies, the Department of Juvenile Justice and
2676	its designees, a regional parole board the Parole Commission,
2677	the Department of Corrections, and the Justice Administrative
2678	Commission shall always have the right to inspect and copy any
2679	official record pertaining to the child. The court may permit
2680	authorized representatives of recognized organizations compiling
2681	statistics for proper purposes to inspect, and make abstracts
2682	from, official records under whatever conditions upon the use
2683	and disposition of such records the court may deem proper and
2684	may punish by contempt proceedings any violation of those
2685	conditions.
2686	Section 70.  Effective January 1, 2007, subsection (1) of
2687	section 784.078, Florida Statutes, is amended to read:
2688	784.078  Battery of facility employee by throwing, tossing,
2689	or expelling certain fluids or materials.--
2690	(1)  As used in this section, the term "facility" means a
2691	state correctional institution defined in s. 944.02(6); a
2692	private correctional facility defined in s. 944.710 or under
2693	chapter 957; a county, municipal, or regional jail or other
2694	detention facility of local government under chapter 950 or
2695	chapter 951; or a secure facility operated and maintained by the
2696	Department of Corrections or the Department of Juvenile Justice.
2697	Section 71.  Effective January 1, 2007, support for the
2698	Governor and Cabinet acting in their capacity as the Executive
2699	Board of Clemency is hereby transferred from the Parole
2700	Commission to the Executive Office of the Governor by a type two
2701	transfer as provided in s. 20.06, Florida Statutes.
2702	Section 72.  Effective January 1, 2007, sections 947.01 and
2703	947.022, Florida Statutes, are repealed.
2704	Section 73.  The Division of Statutory Revision of the
2705	Office of Legislative Services shall redesignate, in the next
2706	edition of the Florida Statutes, the title of chapter 947,
2707	Florida Statutes, as "Regional Parole Boards."
2708	Section 74.  Except as otherwise expressly provided in this
2709	act, this act shall take effect July 1, 2006.

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