| 1 | A bill to be entitled |
| 2 | An act relating to electronic monitoring; amending s. |
| 3 | 648.387, F.S.; authorizing bail bond agents to be vendors |
| 4 | of electronic monitoring services; authorizing bail bond |
| 5 | agents to contract with third-party vendors to provide |
| 6 | electronic monitoring of pretrial releasees in certain |
| 7 | circumstances; authorizing bail bond agents to register |
| 8 | with a governmental entity to provide electronic |
| 9 | monitoring services in certain circumstances; authorizing |
| 10 | such agents to collect a fee for electronic monitoring |
| 11 | services; providing that failure to timely pay fees |
| 12 | constitutes grounds to remand; providing that such fees |
| 13 | are exempt from specified premium requirements; creating |
| 14 | s. 903.135, F.S.; authorizing issuance of a probation |
| 15 | appearance bond for certain offenders; authorizing |
| 16 | electronic monitoring of a person subject to a probation |
| 17 | appearance bond; providing procedures for revocation of |
| 18 | the bond; providing application; creating s. 907.06, F.S.; |
| 19 | providing for electronic monitoring of persons on pretrial |
| 20 | release; requiring the monitored person to pay fees; |
| 21 | providing that provision of electronic monitoring |
| 22 | equipment and services is not an undertaking to protect |
| 23 | members of the public from harm occasioned by a monitored |
| 24 | person; prohibiting a person being monitored from |
| 25 | tampering with monitoring equipment; creating s. 907.07, |
| 26 | F.S.; requiring the chief judge of each circuit to |
| 27 | maintain a list of eligible private vendors for provision |
| 28 | of electronic monitoring services; requiring registration |
| 29 | of such vendors and certification of electronic monitoring |
| 30 | devices; providing grounds for removal from the list; |
| 31 | creating s. 907.08, F.S.; providing standards for |
| 32 | privately owned electronic monitoring devices; creating s. |
| 33 | 907.09, F.S.; providing criminal penalties for tampering |
| 34 | with electronic monitoring devices; providing criminal |
| 35 | penalties for cloning the signal of an electronic |
| 36 | monitoring device; providing criminal penalties for the |
| 37 | alteration or destruction of data stored or transmitted by |
| 38 | an electronic monitoring device with specified intent; |
| 39 | amending s. 948.039, F.S.; allowing a court to require a |
| 40 | probation appearance bond as a condition of probation or |
| 41 | community control for certain offenses; authorizing the |
| 42 | bond to include the condition of electronic monitoring and |
| 43 | requiring the offender to pay the reasonable cost of such |
| 44 | monitoring; amending s. 948.11, F.S.; allowing private |
| 45 | vendors to provide electronic monitoring of offenders |
| 46 | subject to community control or probation for violent |
| 47 | felonies and sex-related offenses; requiring the offender |
| 48 | to pay the cost of such monitoring to the vendor; |
| 49 | requiring the vendor to report noncompliance; providing |
| 50 | that noncompliance is a violation of probation or |
| 51 | community control; creating ss. 944.161 and 985.4047, |
| 52 | F.S.; providing for electronic monitoring of inmates |
| 53 | within correctional facilities and juvenile offenders |
| 54 | within juvenile facilities, respectively; requiring such |
| 55 | monitoring of certain employees and visitors to such |
| 56 | facilities; providing system requirements; prohibiting |
| 57 | specified actions relating to such monitoring systems and |
| 58 | data from such systems; providing penalties; providing |
| 59 | rulemaking authority; providing an effective date. |
| 60 |
|
| 61 | Be It Enacted by the Legislature of the State of Florida: |
| 62 |
|
| 63 | Section 1. Subsection (6) is added to section 648.387, |
| 64 | Florida Statutes, to read: |
| 65 | 648.387 Primary bail bond agents; duties; electronic |
| 66 | monitoring services by licensed bail bond agents.-- |
| 67 | (6)(a) A licensed bail bond agent may be a vendor of |
| 68 | electronic monitoring services. A licensed bail bond agent may |
| 69 | also subcontract for such services with a third-party vendor of |
| 70 | the bail bond agent's choice provided the licensed bail bond |
| 71 | agent can certify that the equipment and services rendered by |
| 72 | such third-party vendor on the bail bond agent's behalf meet the |
| 73 | requirements of s. 907.07 for monitoring of a defendant for whom |
| 74 | the bail bond agent has provided a criminal surety bail bond. A |
| 75 | licensed bail bond agent may additionally register with a |
| 76 | governmental entity to provide electronic monitoring services |
| 77 | when monitoring has been ordered by a court if the electronic |
| 78 | monitoring devices meet the requirements of s. 907.07. |
| 79 | (b) A licensed bail bond agent may charge a reasonable, |
| 80 | nonrefundable fee for electronic monitoring services from a |
| 81 | person who is subject to electronic monitoring. Failure to |
| 82 | timely pay such fees constitutes grounds for the agent to remand |
| 83 | such person to the court or sheriff. Fees charged by a bail bond |
| 84 | agent associated with required electronic monitoring services |
| 85 | are not considered part of the bail bond premium and shall be |
| 86 | exempt from the provisions of s. 648.33. |
| 87 | (c) Records and receipts for electronic monitoring |
| 88 | provided by a licensed bail bond agent shall be kept separate |
| 89 | and apart from bail bond records. |
| 90 | Section 2. Section 903.135, Florida Statutes, is created |
| 91 | to read: |
| 92 | 903.135 Probation appearance bond.--As a condition of |
| 93 | probation, community control, or any other court-ordered |
| 94 | community supervision for a violent felony or sex-related |
| 95 | offense authorized pursuant to chapter 948, the court may order |
| 96 | the posting of a surety bond to secure the appearance of the |
| 97 | defendant at any subsequent court proceeding. Such bond may |
| 98 | include a condition that the defendant be placed on an |
| 99 | electronic monitoring device and be subject to electronic |
| 100 | monitoring services, in a like manner and under like conditions |
| 101 | as set forth in s. 907.06. The appearance bond shall be filed by |
| 102 | a licensed bail bond agent with the sheriff who shall provide a |
| 103 | copy to the clerk of the court. Upon 72 hours' notice by the |
| 104 | clerk of court, the licensed bail bond agent shall produce the |
| 105 | person on probation, community control, or other court-ordered |
| 106 | community supervision to the court. The licensed bail bond agent |
| 107 | shall surrender to the sheriff a person on probation, community |
| 108 | control, or court-ordered community supervision upon notice by |
| 109 | the probation officer that the person has violated the terms of |
| 110 | probation, community control, or court-ordered community |
| 111 | supervision. Under this section, notice shall be in writing or |
| 112 | by electronic data transmission. If the licensed bail bond agent |
| 113 | fails to produce the defendant in the court at the time noticed |
| 114 | by the court or the clerk of court, the bond shall be estreated |
| 115 | and forfeited according to the procedures set forth in this |
| 116 | chapter. Failure to appear shall be the sole grounds for |
| 117 | forfeiture and estreature of the appearance bond. Where not |
| 118 | inconsistent with this section, this chapter and chapter 648 |
| 119 | shall regulate the relationship between the bail bond agent and |
| 120 | the probationer. |
| 121 | Section 3. Section 907.06, Florida Statutes, is created to |
| 122 | read: |
| 123 | 907.06 Electronic monitoring.-- |
| 124 | (1) The court may order a defendant who has been charged |
| 125 | with a violent felony or sex-related offense, or who has been |
| 126 | charged with any crime and who has been previously convicted of |
| 127 | a violent felony or sex-related offense, to be released from |
| 128 | custody on a surety bond subject to conditions that include, |
| 129 | without limitation, electronic monitoring, if electronic |
| 130 | monitoring is available in the jurisdiction. This section also |
| 131 | applies to persons subject to electronic monitoring pursuant to |
| 132 | s. 903.135. |
| 133 | (2) A defendant required to submit to electronic |
| 134 | monitoring shall pay a reasonable fee for equipment use and |
| 135 | monitoring as an additional condition of pretrial release. The |
| 136 | failure of the defendant to timely pay such fees constitutes a |
| 137 | violation of pretrial release and grounds for the defendant to |
| 138 | be remanded to the court or appropriate sheriff or law |
| 139 | enforcement agency. |
| 140 | (3) Electronic monitoring shall include the provision of |
| 141 | services to continuously receive and monitor the electronic |
| 142 | signals from the transmitter worn by the defendant so as to be |
| 143 | capable of identifying the defendant's geographic position at |
| 144 | any time to within 9 meters using Global Positioning Satellite |
| 145 | (GPS) technology, subject to the limitations related to the |
| 146 | technology and to circumstances of force majeure. Such |
| 147 | electronic monitoring services may be undertaken as a primary |
| 148 | responsibility by a governmental entity or by a licensed bail |
| 149 | bond agent who may provide both bail bond services and have |
| 150 | primary responsibility or oversight for electronic monitoring |
| 151 | services. A governmental entity or licensed bail bond agent may |
| 152 | subcontract to a third-party vendor for electronic monitoring |
| 153 | services provided such third-party vendor complies with all |
| 154 | provisions of this subsection and s. 907.08, and operates under |
| 155 | the direction and control of the governmental entity or licensed |
| 156 | bail bond agent with primary responsibility as the vendor for |
| 157 | electronic monitoring. A governmental entity that elects to |
| 158 | subcontract for electronic monitoring services shall be required |
| 159 | to select such third-party vendor through a competitive bidding |
| 160 | process. |
| 161 | (4)(a) Any person who provides electronic monitoring |
| 162 | services shall report forthwith any known violation of the |
| 163 | defendant's pretrial release conditions to the appropriate |
| 164 | court, sheriff or law enforcement agency, state attorney, and |
| 165 | licensed bail bond agent, if any. |
| 166 | (b)1. Notwithstanding paragraph (a), the provision of |
| 167 | electronic monitoring services shall not be deemed to constitute |
| 168 | an undertaking to protect members of the public from harm |
| 169 | occasioned by a monitored person. The sole duty owed by a person |
| 170 | who provides electronic monitoring is to give a law enforcement |
| 171 | officer, upon request, an indication of the physical location of |
| 172 | the monitored person at any point in time. |
| 173 | 2. A person who provides electronic monitoring is not |
| 174 | responsible to other persons for equipment failure or for the |
| 175 | criminal acts of a monitored person. A provider of electronic |
| 176 | monitoring services cannot control the activities of a monitored |
| 177 | person. It is unreasonable for any member of the public to |
| 178 | expect that a provider of electronic monitoring services will |
| 179 | provide protection against harm occasioned by a monitored |
| 180 | person. |
| 181 | (5) A defendant who has been released in accordance with |
| 182 | this section shall not alter, tamper with, damage, or destroy |
| 183 | any electronic monitoring equipment or data recorded by such |
| 184 | equipment. A defendant who is notified of a malfunction in the |
| 185 | equipment shall immediately cooperate with the vendor in |
| 186 | restoring the equipment to proper functioning. A violation of |
| 187 | this subsection constitutes a violation of pretrial release and |
| 188 | grounds for the defendant to be remanded to the court or |
| 189 | appropriate sheriff or law enforcement agency. |
| 190 | Section 4. Section 907.07, Florida Statutes, is created to |
| 191 | read: |
| 192 | 907.07 Vendor requirements for provision of electronic |
| 193 | monitoring services; vendor registration and certification |
| 194 | process.-- |
| 195 | (1) This section shall not apply to electronic monitoring |
| 196 | provided directly by the state, a county, or a sheriff. |
| 197 | (2) The chief judge of each judicial circuit shall |
| 198 | maintain a list of all eligible vendors of electronic monitoring |
| 199 | in the circuit. To be an eligible vendor, a person must be a |
| 200 | licensed bail bond agent in this state who has registered in |
| 201 | accordance with this section as a vendor capable of providing |
| 202 | electronic monitoring services in that judicial circuit. The |
| 203 | chief judge shall place on such list of eligible vendors any |
| 204 | licensed bail bond agent in this state who certifies in writing, |
| 205 | as part of the vendor registration, that all electronic |
| 206 | monitoring equipment and electronic monitoring services shall be |
| 207 | operated and maintained in compliance with this section, and who |
| 208 | agrees as part of such certification to comply with the terms of |
| 209 | this section. |
| 210 | (3) Only a governmental entity or a licensed bail bond |
| 211 | agent who is included on a list of eligible vendors under |
| 212 | subsection (2) shall be permitted to undertake primary |
| 213 | responsibility as a vendor of electronic monitoring services in |
| 214 | a judicial circuit of this state. |
| 215 | (4) A licensed bail bond agent shall agree to abide by the |
| 216 | following minimum terms as a condition of being included on the |
| 217 | list of eligible vendors of electronic monitoring in a given |
| 218 | judicial circuit of this state: |
| 219 | (a) The vendor shall register in writing the name of the |
| 220 | vendor, who must be a licensed bail bond agent in this state; |
| 221 | the name of an individual employed by the vendor who is to serve |
| 222 | as a contact person for the vendor; the address of the vendor; |
| 223 | and the telephone number of the contact person. |
| 224 | (b) The vendor must initially certify as part of the |
| 225 | registration, and must certify in writing at least annually |
| 226 | thereafter on a date set by the chief judge, that all of the |
| 227 | electronic monitoring devices used by the vendor and any of the |
| 228 | vendor's subcontractors comply with the requirements for |
| 229 | privately owned electronic monitoring devices in s. 907.08. |
| 230 | (5) A vendor shall promptly notify the chief judge of any |
| 231 | changes in the vendor's registration information that is |
| 232 | required under this section. |
| 233 | (6) Failure to comply with the registration or |
| 234 | recertification requirements of this section shall be grounds |
| 235 | for removal from any chief judge's list of eligible vendors for |
| 236 | electronic monitoring. |
| 237 | (7) The chief judge, in his or her discretion, may also |
| 238 | remove any registered vendor from the list of eligible vendors |
| 239 | if the vendor: |
| 240 | (a) Fails to properly monitor any person that the vendor |
| 241 | was required to monitor; or |
| 242 | (b) Charges a defendant a clearly excessive fee for use |
| 243 | and monitoring of electronic monitoring equipment. Such fees |
| 244 | shall be considered clearly excessive if the fees charged on a |
| 245 | per diem basis are at least twice the average fee charged by |
| 246 | other vendors on the eligible vendor list who provide comparable |
| 247 | electronic monitoring equipment and services in that judicial |
| 248 | circuit. |
| 249 | Section 5. Section 907.08, Florida Statutes, is created to |
| 250 | read: |
| 251 | 907.08 Standards for privately owned electronic monitoring |
| 252 | devices.--A privately owned electronic monitoring device |
| 253 | provided by a vendor must, at a minimum, meet the standards set |
| 254 | forth in this section to be used for electronic monitoring of a |
| 255 | person under s. 907.06 or s. 903.135. A device must: |
| 256 | (1) Be a transmitter unit that meets certification |
| 257 | standards approved by the Federal Communications Commission. |
| 258 | (2) At the court's discretion, either: |
| 259 | (a) Emit signal content 24 hours per day that identifies |
| 260 | the specific device being worn by the defendant and the |
| 261 | defendant's physical location using Global Positioning Satellite |
| 262 | (GPS) technology accurate to within 9 meters; or |
| 263 | (b) Receive signal content 24 hours per day, determining |
| 264 | the defendant's physical location using Global Positioning |
| 265 | Satellite (GPS) technology accurate to within 9 meters, |
| 266 | recording the defendant's physical locations throughout the day, |
| 267 | and being capable of transmitting that record of locations to |
| 268 | the vendor at least daily. |
| 269 | (3) A unit affixed to the defendant must possess an |
| 270 | internal power source that provides a minimum of 1 year of |
| 271 | normal operation without recharging or replacing the power |
| 272 | source. The device must emit signal content that indicates its |
| 273 | power status and provides the vendor with notification of |
| 274 | whether the power source needs to be recharged or replaced. |
| 275 | (4) Possess and emit signal content that indicates whether |
| 276 | the transmitter has been subjected to tampering or removal. |
| 277 | (5) Possess encrypted signal content or another feature |
| 278 | designed to discourage duplication. |
| 279 | (6) Be of a design that is shock resistant, waterproof, |
| 280 | and capable of reliable function under normal atmospheric and |
| 281 | environmental conditions. |
| 282 | (7) Be capable of wear and use in a manner that does not |
| 283 | pose a safety hazard or unduly restrict the activities of the |
| 284 | defendant. |
| 285 | (8) Be capable of being attached to the defendant in a |
| 286 | manner that readily reveals any efforts to tamper with or remove |
| 287 | the transmitter upon visual inspection. |
| 288 | (9) Use straps or other mechanisms for attaching the |
| 289 | transmitter to the defendant that are either capable of being |
| 290 | adjusted to fit a defendant of any size or that are made |
| 291 | available in a variety of sizes. |
| 292 | Section 6. Section 907.09, Florida Statutes, is created to |
| 293 | read: |
| 294 | 907.09 Offenses related to electronic monitoring |
| 295 | devices.-- |
| 296 | (1) It is illegal for any person to intentionally alter, |
| 297 | tamper with, damage, or destroy any electronic monitoring |
| 298 | equipment used for monitoring the location of a person pursuant |
| 299 | to court order, unless such person is the owner of the equipment |
| 300 | or an agent of the owner performing ordinary maintenance and |
| 301 | repairs. A person who violates this subsection commits a felony |
| 302 | of the third degree, punishable as provided in s. 775.082, s. |
| 303 | 775.083, or s. 775.084. |
| 304 | (2) It is illegal for any person to develop, build, |
| 305 | create, possess, or use any device that is intended to mimic, |
| 306 | clone, interfere with, or jam the signal of an electronic |
| 307 | monitoring device used to monitor the location of a person |
| 308 | pursuant to court order. A person who violates this subsection |
| 309 | commits a felony of the second degree, punishable as provided in |
| 310 | s. 775.082, s. 775.083, or s. 775.084. |
| 311 | (3) A person may not intentionally alter, tamper with, |
| 312 | damage, or destroy any data stored or transmitted by any |
| 313 | electronic monitoring equipment used for monitoring the location |
| 314 | of a person pursuant to court order with the intent to violate |
| 315 | such court order or to conceal such a violation. A person who |
| 316 | violates this subsection commits a felony of the third degree, |
| 317 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 318 | Section 7. Subsection (3) is added to section 948.039, |
| 319 | Florida Statutes, to read: |
| 320 | 948.039 Special terms and conditions of probation or |
| 321 | community control imposed by court order.--The court may |
| 322 | determine any special terms and conditions of probation or |
| 323 | community control. The terms and conditions should be reasonably |
| 324 | related to the circumstances of the offense committed and |
| 325 | appropriate for the offender. The court shall impose the special |
| 326 | terms and conditions by oral pronouncement at sentencing and |
| 327 | include the terms and conditions in the written sentencing |
| 328 | order. Special terms and conditions may include, but are not |
| 329 | limited to, requirements that the offender: |
| 330 | (3) Effective October 1, 2006, and applicable for violent |
| 331 | felonies and sex-related offenses committed on or after that |
| 332 | date, the court may order the posting of a probation bond |
| 333 | pursuant to s. 903.135 to secure the appearance of the offender |
| 334 | at any subsequent court proceeding. Such bond may include a |
| 335 | condition that the offender be placed on an electronic |
| 336 | monitoring device and be subject to electronic monitoring |
| 337 | services, in a like manner and under like conditions as in s. |
| 338 | 907.06. The offender shall be ordered to pay the reasonable cost |
| 339 | of the electronic monitoring service. |
| 340 | Section 8. Subsection (6) of section 948.11, Florida |
| 341 | Statutes, is amended to read: |
| 342 | 948.11 Electronic monitoring devices.-- |
| 343 | (6) Any offender sentenced to community control or |
| 344 | probation for a violent felony or sex-related offense and |
| 345 | required to submit to electronic monitoring pursuant to statute, |
| 346 | court order, or the discretion of the Department of Corrections |
| 347 | may be referred by the department to a vendor who has been |
| 348 | selected through a competitive bidding process for the provision |
| 349 | of electronic monitoring services, subject to the requirements |
| 350 | of s. 907.07. Notwithstanding subsection (5) and s. 948.09(2), |
| 351 | such offender shall be responsible for the cost of monitoring |
| 352 | and shall pay the cost directly to the vendor. A vendor shall |
| 353 | report noncompliance to the assigned probation officer or |
| 354 | community control officer pursuant to the procedures applicable |
| 355 | to the Department of Corrections under subsection (3). If an |
| 356 | offender fails to timely pay any cost related to electronic |
| 357 | monitoring services to the vendor, the vendor may file an |
| 358 | affidavit of nonpayment with the department and, upon receipt of |
| 359 | the affidavit, the department shall charge the offender with a |
| 360 | violation of the probation or community control For |
| 361 | probationers, community controllees, or conditional releasees |
| 362 | who have current or prior convictions for violent or sexual |
| 363 | offenses, the department, in carrying out a court or commission |
| 364 | order to electronically monitor an offender, must use a system |
| 365 | that actively monitors and identifies the offender's location |
| 366 | and timely reports or records the offender's presence near or |
| 367 | within a crime scene or in a prohibited area or the offender's |
| 368 | departure from specified geographic limitations. Procurement of |
| 369 | electronic monitoring services under this subsection shall be by |
| 370 | invitation to bid as defined in s. 287.057. |
| 371 | Section 9. Section 944.161, Florida Statutes, is created |
| 372 | to read: |
| 373 | 944.161 Electronic monitoring of inmates within |
| 374 | correctional facilities.-- |
| 375 | (1) The department is authorized and encouraged to employ |
| 376 | electronic monitoring of inmates within its custody who are |
| 377 | incarcerated within state and private correctional facilities. |
| 378 | (a) Electronic monitoring services must have the |
| 379 | capability to continuously receive and monitor electronic |
| 380 | signals from a transmitter worn by an inmate so as to |
| 381 | continuously monitor the inmate in real time and identify the |
| 382 | inmate's specific geographic position within the facility at any |
| 383 | time. Such transmitters must update in at least 5-second |
| 384 | intervals and monitor the inmate to within at least a 15-foot |
| 385 | radius of his or her actual location indoors using Radio |
| 386 | Frequency Identification (RFID) technology, subject to the |
| 387 | limitations relating to such technology and to circumstances of |
| 388 | force majeure. |
| 389 | (b) Any electronic monitoring system employed shall also |
| 390 | provide transmitters to be worn by department employees, |
| 391 | employees of private-sector companies contracted to operate |
| 392 | correctional facilities, and any visitors to correctional |
| 393 | facilities who are provided access to areas that are designated |
| 394 | for authorized personnel only. Such transmitters shall include a |
| 395 | panic safety button and must have the capability to continuously |
| 396 | receive and monitor electronic signals from a transmitter worn |
| 397 | by an employee or visitor so as to continuously monitor |
| 398 | employees and visitors in real time and identify their specific |
| 399 | geographic positions at any time. Such transmitters must update |
| 400 | in at least 5-second intervals and monitor employees and |
| 401 | visitors to within a 15-foot radius of their actual location |
| 402 | indoors using Radio Frequency Identification (RFID) technology, |
| 403 | subject to the limitations relating to such technology and to |
| 404 | circumstances of force majeure. |
| 405 | (c) Any RFID electronic monitoring system employed shall |
| 406 | also have the following technological and functional |
| 407 | capabilities: |
| 408 | 1. Be compatible with a commercially recognized wireless |
| 409 | network access standard as designated by the department and have |
| 410 | sufficient bandwidth to support additional wireless networking |
| 411 | devices in order to increase the capacity for usage of the |
| 412 | system by the correctional facility. |
| 413 | 2. Be capable of using an encrypted bar code label or |
| 414 | similar unique identification label with a unique ID that can be |
| 415 | used to track pharmaceuticals and meals administered to inmates, |
| 416 | act as a time clock for work details within a correctional |
| 417 | facility, record attendance in classes or other required |
| 418 | activities, and act as an auditor for vendor contract |
| 419 | compliance. |
| 420 | 3. Be capable of issuing an alarm to an internal |
| 421 | correctional monitoring station within 3 seconds after receiving |
| 422 | a panic alert from an employee or visitor transmitter or within |
| 423 | 3 seconds after violation of the established parameters for |
| 424 | permissible movement of inmates, employees, and visitors within |
| 425 | the facility. |
| 426 | 4.a. Be capable of maintaining a historical storage |
| 427 | capacity sufficient to store up to 6 months of complete inmate, |
| 428 | employee, and visitor tracking for purposes of followup |
| 429 | investigations and vendor contract auditing. The system must be |
| 430 | capable of recording for such purposes the continuous |
| 431 | uninterrupted movement of all monitored individuals, including |
| 432 | those in close proximity to any selected individual, by specific |
| 433 | position, not by area or zone. Such historical information must |
| 434 | also be capable of being archived by means of electronic data |
| 435 | transfer to a permanent storage medium designated as acceptable |
| 436 | by the department. |
| 437 | b. In addition, data collected from each facility each day |
| 438 | shall be electronically transmitted to an offsite central |
| 439 | clearinghouse designated by the department where the data shall |
| 440 | be maintained in a secure storage location in a permanent |
| 441 | storage medium designated as acceptable by the department as a |
| 442 | supplemental backup in order to protect the archived data from |
| 443 | alteration and to prevent loss due to disaster or other cause. |
| 444 | 5. With respect to a unit affixed to an inmate, be capable |
| 445 | of possessing an internal power source that is field |
| 446 | rechargeable or that provides a minimum of 1 year of normal |
| 447 | operation without need for recharging or replacing the power |
| 448 | source. Batteries used in units must be replaceable by |
| 449 | correctional employees. The device must emit signal content that |
| 450 | indicates the power status of the transmitter and provides the |
| 451 | correctional facility monitoring station with notification of |
| 452 | whether the power source needs to be recharged or replaced. |
| 453 | 6. Possess and emit signal content that indicates whether |
| 454 | the transmitter has been subjected to tampering or removal. |
| 455 | 7. Possess encrypted signal content or another feature |
| 456 | designed to discourage duplication. |
| 457 | 8. Be of a design that is shock resistant, waterproof, and |
| 458 | capable of reliable function under normal atmospheric and |
| 459 | environmental conditions. |
| 460 | 9. Be capable of wear and use in a manner that does not |
| 461 | pose a safety hazard or unduly restrict the activities of the |
| 462 | inmate. |
| 463 | 10. Be capable of being attached to the inmate in a manner |
| 464 | that readily reveals any efforts to tamper with or remove the |
| 465 | transmitter upon visual inspection. |
| 466 | 11. Either posses straps or other mechanisms for attaching |
| 467 | the transmitter to the inmate which are capable of being |
| 468 | adjusted to fit an inmate of any size or must be made available |
| 469 | in a variety of sizes. |
| 470 | 12. Be designed and constructed in such a way as to resist |
| 471 | tampering with or removal by the inmate. |
| 472 | 13. Provide a backup power source in the event of a power |
| 473 | failure. |
| 474 | (2) A person may not intentionally alter, tamper with, |
| 475 | damage, or destroy any electronic monitoring equipment used to |
| 476 | monitor the location of a person within a correctional facility, |
| 477 | unless the person is the owner of the equipment or an agent of |
| 478 | the owner performing ordinary maintenance and repairs. A person |
| 479 | who violates this subsection commits a felony of the third |
| 480 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 481 | 775.084. |
| 482 | (3) A person may not develop, build, create, possess, or |
| 483 | use any device that is intended to mimic, clone, interfere with, |
| 484 | or jam the signal of an electronic monitoring device used to |
| 485 | monitor the location of a person within a correctional facility. |
| 486 | A person who violates this subsection commits a felony of the |
| 487 | third degree, punishable as provided in s. 775.082, s. |
| 488 | 775.083, or s. 775.084. |
| 489 | (4) A person may not intentionally alter, tamper with, |
| 490 | damage, or destroy any data stored pursuant to subparagraph |
| 491 | (1)(c)4. unless done so with written permission from an |
| 492 | authorized official of the department or in compliance with a |
| 493 | data-retention policy of the department adopted by rule. A |
| 494 | person who violates this subsection commits a felony of the |
| 495 | third degree, punishable as provided in s. 775.082, s. 775.083, |
| 496 | or s. 775.084. |
| 497 | (5) The department is authorized to adopt rules pursuant |
| 498 | to ss. 120.536(1) and 120.54 to implement the provisions of this |
| 499 | section. |
| 500 | Section 10. Section 985.4047, Florida Statutes, is created |
| 501 | to read: |
| 502 | 985.4047 Electronic monitoring of juvenile offenders |
| 503 | within juvenile facilities.-- |
| 504 | (1) The department is authorized and encouraged to employ |
| 505 | electronic monitoring of juvenile offenders within its custody |
| 506 | who are incarcerated within state and private juvenile offender |
| 507 | facilities for the purpose or reducing offender on offender |
| 508 | violence and reducing employee sexual misconduct as defined in |
| 509 | s. 985.4045. |
| 510 | (a) Electronic monitoring services must have the |
| 511 | capability to continuously receive and monitor electronic |
| 512 | signals from a transmitter worn by a juvenile offender so as to |
| 513 | continuously monitor an offender in real time and identify at |
| 514 | any time the offender's specific geographic position within the |
| 515 | facility. Such transmitters must update in at least 5-second |
| 516 | intervals and monitor the offender to within at least a 15-foot |
| 517 | radius of his or her actual location indoors using Radio |
| 518 | Frequency Identification (RFID) technology, subject to the |
| 519 | limitations relating to such technology and to circumstances of |
| 520 | force majeure. |
| 521 | (b) Any electronic monitoring system employed shall also |
| 522 | provide transmitters to be worn by department employees, |
| 523 | employees of private-sector companies contracted to operate |
| 524 | juvenile facilities, and any visitors to juvenile facilities who |
| 525 | are provided access to areas that are designated for authorized |
| 526 | personnel only. Such transmitters shall include a panic button |
| 527 | and must have the capability to continuously receive and monitor |
| 528 | electronic signals from a transmitter worn by an employee or |
| 529 | visitor so as to continuously monitor employees and visitors in |
| 530 | real time and identify their specific geographic positions at |
| 531 | any time. Such transmitters must update in at least 5-second |
| 532 | intervals and monitor employees and visitors to within a 15-foot |
| 533 | radius of their actual location indoors using Radio Frequency |
| 534 | Identification (RFID) technology, subject to the limitations |
| 535 | relating to such technology and to circumstances of force |
| 536 | majeure. |
| 537 | (c) Any RFID electronic monitoring system employed shall |
| 538 | also: |
| 539 | 1. Be compatible with a commercially recognized wireless |
| 540 | network access standard as designated by the department and have |
| 541 | sufficient bandwidth to support additional wireless networking |
| 542 | devices in order to increase the capacity for usage of the |
| 543 | system by the facility. |
| 544 | 2. Be capable of using an encrypted bar code label or |
| 545 | similar unique identification label with a unique ID that can be |
| 546 | used to track pharmaceuticals and meals administered to |
| 547 | juveniles, record attendance in classes or other required |
| 548 | activities, and act as an auditor for vendor contract |
| 549 | compliance. |
| 550 | 3. Be capable of issuing an alarm to an internal facility |
| 551 | monitoring station within 3 seconds after receiving a panic |
| 552 | alert from an employee or visitor transmitter or within 3 |
| 553 | seconds after violation of the established parameters for |
| 554 | permissible movement of offenders, employees, and visitors |
| 555 | within the facility. |
| 556 | 4.a. Be capable of maintaining a historical storage |
| 557 | capacity sufficient to store up to 6 months of complete |
| 558 | offender, employee, and visitor tracking for purposes of |
| 559 | followup investigations and vendor contract auditing. The system |
| 560 | must be capable of recording for such purposes the continuous |
| 561 | uninterrupted movement of all monitored individuals, including |
| 562 | those in close proximity to any selected individual, by specific |
| 563 | position, not by area or zone. Such historical information must |
| 564 | also be capable of being archived by means of electronic data |
| 565 | transfer to a permanent storage medium designated as acceptable |
| 566 | by the department. |
| 567 | b. In addition, data collected from each facility each day |
| 568 | shall be electronically transmitted to an offsite central |
| 569 | clearinghouse designated by the department where the data shall |
| 570 | be maintained in a secure storage location in a permanent |
| 571 | storage medium designated as acceptable by the department as a |
| 572 | supplemental backup in order to protect the archived data from |
| 573 | alteration and to prevent loss due to disaster or other cause. |
| 574 | 5. With respect to a unit affixed to an offender, be |
| 575 | capable of possessing an internal power source that is field |
| 576 | rechargeable or that provides a minimum of 1 year of normal |
| 577 | operation without need for recharging or replacing the power |
| 578 | source and batteries must be replaceable by facility employees. |
| 579 | The device must emit signal content that indicates the power |
| 580 | status of the transmitter and provides the facility monitoring |
| 581 | station with notification of whether the power source needs to |
| 582 | be recharged or replaced. |
| 583 | 6. Possess and emit signal content that indicates whether |
| 584 | the transmitter has been subjected to tampering or removal. |
| 585 | 7. Possess encrypted signal content or another feature |
| 586 | designed to discourage duplication. |
| 587 | 8. Be of a design that is shock resistant, waterproof, and |
| 588 | capable of reliable function under normal atmospheric and |
| 589 | environmental conditions. |
| 590 | 9. Be capable of wear and use in a manner that does not |
| 591 | pose a safety hazard or unduly restrict the activities of the |
| 592 | offender. |
| 593 | 10. Be capable of being attached to the offender in a |
| 594 | manner that readily reveals any efforts to tamper with or remove |
| 595 | the transmitter upon visual inspection. |
| 596 | 11. Either possess straps or other mechanisms for |
| 597 | attaching the transmitter to the offender which are capable of |
| 598 | being adjusted to fit an offender of any size or must be made |
| 599 | available in a variety of sizes. |
| 600 | 12. Be designed and constructed in such a way as to resist |
| 601 | tampering with or removal by the offender. |
| 602 | 13. Provide a backup power source in the event of a power |
| 603 | failure. |
| 604 | (2) A person may not intentionally alter, tamper with, |
| 605 | damage, or destroy any electronic monitoring equipment used to |
| 606 | monitor the location of a person within a juvenile facility, |
| 607 | unless the person is the owner of the equipment or an agent of |
| 608 | the owner performing ordinary maintenance and repairs. A person |
| 609 | who violates this subsection commits a felony of the third |
| 610 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 611 | 775.084. |
| 612 | (3) A person may not develop, build, create, possess, or |
| 613 | use any device that is intended to mimic, clone, interfere with, |
| 614 | or jam the signal of an electronic monitoring device used to |
| 615 | monitor the location of a person within a juvenile facility. A |
| 616 | person who violates this subsection commits a felony of the |
| 617 | third degree, punishable as provided in s. 775.082, s. 775.083, |
| 618 | or s. 775.084. |
| 619 | (4) A person may not intentionally alter, tamper with, |
| 620 | damage, or destroy any data stored pursuant to subparagraph |
| 621 | (1)(c)4. unless done so with written permission from an |
| 622 | authorized official of the department or in compliance with a |
| 623 | data-retention policy of the department adopted by rule. A |
| 624 | person who violates this subsection commits a felony of the |
| 625 | third degree, punishable as provided in s. 775.082, s. 775.083, |
| 626 | or s. 775.084. |
| 627 | (5) The department is authorized to adopt rules pursuant |
| 628 | to ss. 120.536(1) and 120.54 to implement the provisions of this |
| 629 | section. |
| 630 | Section 11. This act shall take effect October 1, 2006. |