Senate Bill sb1796

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    Florida Senate - 2007                                  SB 1796

    By the Committee on Criminal Justice





    591-1680-07

  1                      A bill to be entitled

  2         An act relating to the Parole Commission;

  3         amending s. 947.13, F.S.; clarifying the powers

  4         and duties of the commission; authorizing the

  5         commission to establish the term and conditions

  6         of persons released on addiction-recovery

  7         supervision; amending s. 947.1405, F.S.;

  8         revising certain requirements of the

  9         Conditional Release Program Act; authorizing

10         conditional release for certain sexual

11         predators; requiring that certain inmates

12         placed on conditional release be subject to

13         court-ordered community supervision; requiring

14         that an inmate who commits certain subsequent

15         offenses be subject again to the requirements

16         of conditional release supervision; authorizing

17         the commission to modify the conditions of an

18         inmate's supervision; providing additional

19         restrictions applicable to a releasee who is

20         prohibited from living, loitering, or working

21         at a place where children regularly congregate;

22         amending s. 947.141, F.S.; specifying the

23         authority of certain officers to execute

24         warrants for the arrest of an offender who

25         violates the conditions of release; providing

26         circumstances under which an offender may be

27         taken into custody without a warrant; providing

28         for the period of supervision for an offender

29         to be tolled following an arrest until the

30         commission enters a ruling; authorizing a

31         commissioner or a representative of the

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    Florida Senate - 2007                                  SB 1796
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 1         commission to compel the attendance of

 2         witnesses at a hearing of the commission;

 3         requiring the commission to adopt rules;

 4         providing that the inability of a sexual

 5         offender to comply with certain residence

 6         requirements is not a defense to a violation of

 7         such requirements; amending s. 947.22, F.S.;

 8         providing conditions under which a parolee may

 9         be taken into custody without a warrant;

10         providing for the period of supervision for the

11         parolee to be tolled following such an arrest

12         until the commission enters a ruling; amending

13         s. 947.23, F.S.; clarifying circumstances under

14         which the commission may exclude evidence or

15         testimony in a hearing following the arrest of

16         a parolee; providing for certain additional

17         evidence to be admissible; amending s. 775.21,

18         F.S., relating to the Florida Sexual Predators

19         Act; conforming a cross-reference; providing an

20         effective date.

21  

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

23  

24         Section 1.  Subsection (1) of section 947.13, Florida

25  Statutes, is amended to read:

26         947.13  Powers and duties of commission.--

27         (1)  The commission shall have the powers and perform

28  the duties of:

29         (a)  Determining which what persons shall be placed on

30  parole, subject to the provisions of ss. 947.172 and 947.174.

31  

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 1         (b)  Establishing the term Fixing the time and

 2  conditions of parole, as provided in this chapter.

 3         (c)  Determining whether a person has violated parole

 4  and taking action with respect to such a violation.

 5         (d)  Making such investigations as may be necessary.

 6         (e)  Reporting to the Board of Executive Clemency the

 7  circumstances, the criminal records, and the social, physical,

 8  mental, and psychiatric conditions and histories of persons

 9  under consideration by the board for pardon, commutation of

10  sentence, or remission of fine, penalty, or forfeiture.

11         (f)  Determining which persons are eligible to be

12  released on conditional release under s. 947.1405,

13  establishing the term terms and conditions of persons released

14  on conditional release under s. 947.1405, and determining

15  whether a person has violated subsequent ineligibility for

16  conditional release due to a violation of the terms or

17  conditions of conditional release and taking action with

18  respect to such a violation.

19         (g)  As the Control Release Authority, determining

20  which what persons will be released on control release under

21  s. 947.146, establishing the term time and conditions of

22  control release, if any, and determining whether a person has

23  violated the conditions of control release and taking action

24  with respect to such a violation.

25         (h)  Determining which what persons will be released on

26  conditional medical release under s. 947.149, establishing the

27  conditions of conditional medical release, and determining

28  whether a person has violated the conditions of conditional

29  medical release and taking action with respect to such a

30  violation.

31  

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 1         (i)  Determining which person will be released on

 2  addiction-recovery supervision under s. 944.4731, establishing

 3  the term and conditions of addiction-recovery supervision, and

 4  determining whether a person has violated the conditions of

 5  addiction-recovery supervision and taking action with respect

 6  to such a violation.

 7         Section 2.  Section 947.1405, Florida Statutes, is

 8  amended to read:

 9         947.1405  Conditional release program.--

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

11  "Conditional Release Program Act."

12         (2)  Any inmate who:

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

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

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

16  1994, which crime is or was contained in category 1, category

17  2, category 3, or category 4 of Rule 3.701 and Rule 3.988,

18  Florida Rules of Criminal Procedure (1993), as set forth in

19  the following offense categories:

20         1.  Category 1: murder; manslaughter under chapter 782,

21  except capital murder under s. 782.04(1)(a); DUI manslaughter

22  involving an automobile under s. 316.193(3)(c)3.; and DUI

23  manslaughter involving a vessel under s. 327.35(3)(c)3.

24         2.  Category 2: sexual offenses under chapter 794,

25  including s. 794.05; lewdness, indecent exposure under chapter

26  800; incest under s. 826.04; sexual misconduct by a

27  psychotherapist under s. 491.0112; and registration

28  requirements for sexual predators under s. 775.21.

29         3.  Category 3: robbery under s. 812.13; carjacking

30  under s. 812.133(2)(a); and home-invasion robbery under s.

31  812.135;

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 1         4.  Category 4: violent personal crimes, including

 2  assault or battery upon a district school board employee under

 3  s. 784.081; assault and battery under chapter 784; carjacking

 4  under s. 812.133(2)(b); threats or extortion under s. 836.05;

 5  written threats to kill or do bodily injury under s. 836.10;

 6  resisting an officer with violence under s. 843.01; and

 7  battery on a specified employee under s. 784.081;

 8         (b)  Is convicted of any offense committed on or after

 9  October 1, 2006, under the following statutory sections:

10         1.  Section 784.048, relating to aggravated stalking;

11         2.  Section 787.01, relating to kidnapping;

12         3.  Section 787.02, relating to false imprisonment;

13         4.  Section 787.025, relating to luring or enticing a

14  child;

15         5.  Section 787.06, relating to human trafficking;

16         6.  Section 796.03, relating to procuring a person

17  under age 18 for prostitution;

18         7.  Section 827.071, relating to sexual performance by

19  a child;

20         8.  Section 847.0135, relating to computer pornography;

21         9.  Section 847.0137, relating to the transmission of

22  pornography by electronic device or equipment;

23         10.  Section 847.0138, relating to the transmission of

24  material harmful to minors to a minor by electronic device or

25  equipment; or

26         11.  Section 847.0145, relating to the selling or

27  buying of minors.

28  

29  and who has served at least one prior felony commitment at a

30  state or federal correctional institution;

31  

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 1         (c)(b)  Is sentenced as a habitual or violent habitual

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

 3  or

 4         (d)(c)  Is found to be a sexual predator under s.

 5  775.21 or former s. 775.23,

 6  

 7  shall, upon reaching the tentative release date or provisional

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

 9  Department of Corrections, be released under supervision

10  subject to specified terms and conditions, including payment

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

12  supervision shall be applicable to all sentences within the

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

14  sentences includes one or more sentences that are eligible for

15  conditional release supervision as provided herein. If the

16  inmate is found to be a sexual predator, he or she is eligible

17  for conditional release until such designation is removed by a

18  court of competent jurisdiction regardless of the inmate's

19  current sentence. Effective July 1, 1994, and applicable for

20  offenses committed on or after that date, the commission may

21  require, as a condition of conditional release, that the

22  releasee make payment of the debt due and owing to a county or

23  municipal detention facility under s. 951.032 for medical

24  care, treatment, hospitalization, or transportation received

25  by the releasee while in that detention facility. The

26  commission, in determining whether to order such repayment and

27  the amount of such repayment, shall consider the amount of the

28  debt, whether there was any fault of the institution for the

29  medical expenses incurred, the financial resources of the

30  releasee, the present and potential future financial needs and

31  earning ability of the releasee, and dependents, and other

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 1  appropriate factors. If any inmate placed on conditional

 2  release supervision is also subject to court-ordered community

 3  supervision, the period of court-ordered community supervision

 4  may not be substituted for conditional release supervision and

 5  shall follow the term of conditional release supervision.

 6  probation or community control, resulting from a probationary

 7  or community control split sentence within the overall term of

 8  sentences, the Department of Corrections shall supervise such

 9  person according to the conditions imposed by the court and

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

11  revokes probation or community control and resentences the

12  offender to a term of incarceration, such revocation also

13  constitutes a sufficient basis for the revocation of the

14  conditional release supervision on any nonprobationary or

15  noncommunity control sentence without further hearing by the

16  commission.  If any such supervision on any nonprobationary or

17  noncommunity control sentence is revoked, such revocation may

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

19  may revoke the resulting deferred conditional release

20  supervision or take other action it considers appropriate. If

21  the term of conditional release supervision exceeds that of

22  the probation or community control, then, upon expiration of

23  the probation or community control, authority for the

24  supervision shall revert to the commission and the supervision

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

26  A panel of no fewer than two commissioners shall establish the

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

28  controlled substance violation, the conditions shall include a

29  requirement that the offender submit to random substance abuse

30  testing intermittently throughout the term of conditional

31  release supervision, upon the direction of the correctional

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

 2  shall also determine whether the terms and conditions of such

 3  release have been violated and whether such violation warrants

 4  revocation of the conditional release.

 5         (3)  If an inmate who has previously been determined to

 6  be eligible for conditional release subsequently commits

 7  another criminal offense resulting in incarceration in a state

 8  correctional facility, the inmate shall be subject again to

 9  all the requirements of conditional release supervision,

10  regardless of whether the new commitment meets the eligibility

11  requirements set forth in subsection (2). Upon reaching the

12  tentative release date or provisional release date, whichever

13  occurs earlier, as established by the Department of

14  Corrections, the inmate shall be released under supervision

15  subject to specified terms and conditions, including payment

16  of the costs of supervision pursuant to s. 948.09. The

17  commission shall establish the terms and conditions of

18  conditional release pursuant to the requirements of this

19  section and may impose any special conditions it considers

20  warranted, including any special provisions previously

21  required as a result of the specific offenses that originally

22  rendered the inmate subject to conditional release

23  supervision.

24         (4)(3)  As part of the conditional release process, the

25  commission, through review and consideration of information

26  provided by the department, shall determine:

27         (a)  The amount of reparation or restitution.

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

29  aggrieved party.

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

31  concerns about the release of the inmate.

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 1         (5)(4)  The commission shall provide to the aggrieved

 2  party information regarding the manner in which notice of any

 3  developments concerning the status of the inmate during the

 4  term of conditional release may be requested.

 5         (6)(5)  Within 180 days prior to the tentative release

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

 7  representative of the department shall review the inmate's

 8  program participation, disciplinary record, psychological and

 9  medical records, criminal records, and any other information

10  pertinent to the impending release. The department shall

11  gather and compile information necessary for the commission to

12  make the determinations set forth in subsection (3). A

13  department representative shall conduct a personal interview

14  with the inmate for the purpose of determining the details of

15  the inmate's release plan, including the inmate's planned

16  residence and employment. The department representative shall

17  forward the inmate's release plan to the commission and

18  recommend to the commission the terms and conditions of the

19  conditional release.

20         (7)(6)  The commission shall review the recommendations

21  of the department, and such other information as it deems

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

23  the purpose of establishing the terms and conditions of the

24  conditional release. The commission may impose any special

25  conditions it considers warranted from its review of the

26  release plan and recommendation. If the commission determines

27  that the inmate is eligible for release under this section,

28  the commission shall enter an order establishing the length of

29  supervision and the conditions attendant thereto. However, an

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

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

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 1  maximum level of supervision provided, with the mandatory

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

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

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

 5  exceed the maximum penalty imposed by the court. The

 6  commission may, at any time, modify the conditions of

 7  supervision to ensure the safety of the community.

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

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

10  previously convicted of a crime committed on or after October

11  1, 1995, in violation of chapter 794, s. 800.04, s. 827.071,

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

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

14  imposed, the following special conditions imposed by the

15  commission:

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

17  commission may designate another 8-hour period if the

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

19  such alternative is recommended by the Department of

20  Corrections. If the commission determines that imposing a

21  curfew would endanger the victim, the commission may consider

22  alternative sanctions.

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

24  prohibition on living or loitering within 1,000 feet of, or

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

26  center, park, playground, designated public school bus stop,

27  restaurant having an attached playground, amusement park,

28  business establishment whose primary clients are children, or

29  other place where children regularly congregate. A releasee

30  who is subject to this subparagraph may not relocate to a

31  residence that is within 1,000 feet of a public school bus

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 1  stop. Beginning October 1, 2004, the commission or the

 2  department may not approve a residence that is located within

 3  1,000 feet of a school, day care center, park, playground,

 4  designated school bus stop, or other place where children

 5  regularly congregate for any releasee who is subject to this

 6  subparagraph. On October 1, 2004, the department shall notify

 7  each affected school district of the location of the residence

 8  of a releasee 30 days prior to release and thereafter, if the

 9  releasee relocates to a new residence, shall notify any

10  affected school district of the residence of the releasee

11  within 30 days after relocation. If, on October 1, 2004, any

12  public school bus stop is located within 1,000 feet of the

13  existing residence of such releasee, the district school board

14  shall relocate that school bus stop. Beginning October 1,

15  2004, a district school board may not establish or relocate a

16  public school bus stop within 1,000 feet of the residence of a

17  releasee who is subject to this subparagraph. The failure of

18  the district school board to comply with this subparagraph

19  shall not result in a violation of conditional release

20  supervision.

21         3.  Active participation in and successful completion

22  of a sex offender treatment program with qualified

23  practitioners specifically trained to treat sex offenders, at

24  the releasee's own expense. If a qualified practitioner is not

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

26  the offender shall participate in other appropriate therapy.

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

28  directly or indirectly, including through a third person,

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

30  the sentencing court.

31  

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

 2  prohibition against contact with children under the age of 18

 3  without review and approval by the commission. The commission

 4  may approve supervised contact with a child under the age of

 5  18 if the approval is based upon a recommendation for contact

 6  issued by a qualified practitioner who is basing the

 7  recommendation on a risk assessment. Further, the sex offender

 8  must be currently enrolled in or have successfully completed a

 9  sex offender therapy program. The commission may not grant

10  supervised contact with a child if the contact is not

11  recommended by a qualified practitioner and may deny

12  supervised contact with a child at any time. When considering

13  whether to approve supervised contact with a child, the

14  commission must review and consider the following:

15         a.  A risk assessment completed by a qualified

16  practitioner. The qualified practitioner must prepare a

17  written report that must include the findings of the

18  assessment and address each of the following components:

19         (I)  The sex offender's current legal status;

20         (II)  The sex offender's history of adult charges with

21  apparent sexual motivation;

22         (III)  The sex offender's history of adult charges

23  without apparent sexual motivation;

24         (IV)  The sex offender's history of juvenile charges,

25  whenever available;

26         (V)  The sex offender's offender treatment history,

27  including a consultation from the sex offender's treating, or

28  most recent treating, therapist;

29         (VI)  The sex offender's current mental status;

30         (VII)  The sex offender's mental health and substance

31  abuse history as provided by the Department of Corrections;

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 1         (VIII)  The sex offender's personal, social,

 2  educational, and work history;

 3         (IX)  The results of current psychological testing of

 4  the sex offender if determined necessary by the qualified

 5  practitioner;

 6         (X)  A description of the proposed contact, including

 7  the location, frequency, duration, and supervisory

 8  arrangement;

 9         (XI)  The child's preference and relative comfort level

10  with the proposed contact, when age-appropriate;

11         (XII)  The parent's or legal guardian's preference

12  regarding the proposed contact; and

13         (XIII)  The qualified practitioner's opinion, along

14  with the basis for that opinion, as to whether the proposed

15  contact would likely pose significant risk of emotional or

16  physical harm to the child.

17  

18  The written report of the assessment must be given to the

19  commission.

20         b.  A recommendation made as a part of the

21  risk-assessment report as to whether supervised contact with

22  the child should be approved;

23         c.  A written consent signed by the child's parent or

24  legal guardian, if the parent or legal guardian is not the sex

25  offender, agreeing to the sex offender having supervised

26  contact with the child after receiving full disclosure of the

27  sex offender's present legal status, past criminal history,

28  and the results of the risk assessment. The commission may not

29  approve contact with the child if the parent or legal guardian

30  refuses to give written consent for supervised contact;

31  

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 1         d.  A safety plan prepared by the qualified

 2  practitioner, who provides treatment to the offender, in

 3  collaboration with the sex offender, the child's parent or

 4  legal guardian, and the child, when age appropriate, which

 5  details the acceptable conditions of contact between the sex

 6  offender and the child. The safety plan must be reviewed and

 7  approved by the Department of Corrections before being

 8  submitted to the commission; and

 9         e.  Evidence that the child's parent or legal guardian,

10  if the parent or legal guardian is not the sex offender,

11  understands the need for and agrees to the safety plan and has

12  agreed to provide, or to designate another adult to provide,

13  constant supervision any time the child is in contact with the

14  offender.

15  

16  The commission may not appoint a person to conduct a risk

17  assessment and may not accept a risk assessment from a person

18  who has not demonstrated to the commission that he or she has

19  met the requirements of a qualified practitioner as defined in

20  this section.

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

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

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

24  regularly congregate, as prescribed by the commission.

25         6.7.  Unless otherwise indicated in the treatment plan

26  provided by the sexual offender treatment program, a

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

28  pornographic, or sexually stimulating visual or auditory

29  material, including telephone, electronic media, computer

30  programs, or computer services that are relevant to the

31  offender's deviant behavior pattern.

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 1         7.8.  Effective for a releasee whose crime is committed

 2  on or after July 1, 2005, a prohibition on accessing the

 3  Internet or other computer services until the offender's sex

 4  offender treatment program, after a risk assessment is

 5  completed, approves and implements a safety plan for the

 6  offender's accessing or using the Internet or other computer

 7  services.

 8         8.9.  A requirement that the releasee must submit two

 9  specimens of blood to the Florida Department of Law

10  Enforcement to be registered with the DNA database.

11         9.10.  A requirement that the releasee make restitution

12  to the victim, as determined by the sentencing court or the

13  commission, for all necessary medical and related professional

14  services relating to physical, psychiatric, and psychological

15  care.

16         10.11.  Submission to a warrantless search by the

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

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

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

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

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

22  release supervision, in addition to any other provision of

23  this subsection, the commission shall impose the following

24  additional conditions of conditional release supervision:

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

26  minimum of one annual polygraph examination to obtain

27  information necessary for risk management and treatment and to

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

29  examination must be conducted by a polygrapher trained

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

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

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 1  offender. The results of the polygraph examination shall not

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

 3  supervision has occurred.

 4         2.  Maintenance of a driving log and a prohibition

 5  against driving a motor vehicle alone without the prior

 6  approval of the supervising officer.

 7         3.  A prohibition against obtaining or using a post

 8  office box without the prior approval of the supervising

 9  officer.

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

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

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

13  victim's parent or guardian.

14         5.  Electronic monitoring of any form when ordered by

15  the commission.

16         (9)(8)  It is the finding of the Legislature that the

17  population of offenders released from state prison into the

18  community who meet the conditional release criteria poses the

19  greatest threat to the public safety of the groups of

20  offenders under community supervision. Therefore, the

21  Department of Corrections is to provide intensive supervision

22  by experienced correctional probation officers to conditional

23  release offenders. Subject to specific appropriation by the

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

25  conditional release offenders per officer to provide for

26  enhanced public safety and to effectively monitor conditions

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

28  commission.

29         (10)(9)  The commission shall adopt rules pursuant to

30  ss. 120.536(1) and 120.54 necessary to implement the

31  provisions of the Conditional Release Program Act.

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 1         (11)(10)  Effective for a releasee whose crime was

 2  committed on or after September 1, 2005, in violation of

 3  chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s.

 4  847.0145, and the unlawful activity involved a victim who was

 5  15 years of age or younger and the offender is 18 years of age

 6  or older or for a releasee who is designated as a sexual

 7  predator pursuant to s. 775.21, in addition to any other

 8  provision of this section, the commission must order

 9  electronic monitoring for the duration of the releasee's

10  supervision.

11         Section 3.  Section 947.141, Florida Statutes, is

12  amended to read:

13         947.141  Violations of conditional release, control

14  release, or conditional medical release or addiction-recovery

15  supervision.--

16         (1)  If a member of the commission or a duly authorized

17  representative of the commission has reasonable grounds to

18  believe that an offender who is on release supervision under

19  s. 947.1405, s. 947.146, s. 947.149, or s. 944.4731 has

20  violated the terms and conditions of the release in a material

21  respect, such member or representative may cause a warrant to

22  be issued for the arrest of the releasee; if the offender was

23  found to be a sexual predator, the warrant must be issued. Any

24  parole and probation officer, any officer authorized to serve

25  criminal process, or any peace officer of this state is

26  authorized to execute the warrant. The commission, a

27  commissioner, or a parole examiner upon the approval of the

28  parole examiner's supervisor may release the releasee on his

29  or her own recognizance, conditioned upon the releasee's

30  appearance at any hearing noticed by the commission. If not

31  

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 1  released on his or her own recognizance, the releasee shall be

 2  committed to jail pending a hearing pursuant to this section.

 3         (2)  Any parole and probation officer, when she or he

 4  has reasonable grounds to believe that a control releasee,

 5  conditional releasee, conditional medical releasee, or

 6  offender under addiction-recovery supervision has violated the

 7  conditions of his or her control release, conditional release,

 8  conditional medical release, or addiction-recovery release in

 9  a material respect, has the right to arrest and cause the

10  offender to be taken into custody without a warrant for a

11  period not to exceed 72 hours, excluding weekends and

12  holidays, pending a decision by the commission whether to

13  issue a warrant charging the offender with a violation of the

14  conditions of release. If the commission issues a warrant, the

15  offender must continue to be held in custody pending a

16  revocation hearing held in accordance with this section.

17         (3)  If a law enforcement officer has probable cause to

18  believe that an offender who is on release supervision under

19  s. 947.1405, s. 947.146, s. 947.149, or s. 944.4731 has

20  violated the terms and conditions of his or her release by

21  committing a felony offense, the officer shall arrest the

22  offender without a warrant, and a warrant need not be issued

23  in the case.

24         (4)(2)  Upon the arrest on a felony charge of an

25  offender who is on release supervision under s. 947.1405, s.

26  947.146, s. 947.149, or s. 944.4731, the offender must be

27  detained without bond until the initial appearance of the

28  offender at which a judicial determination of probable cause

29  is made. If the trial court judge determines that there was no

30  probable cause for the arrest, the offender may be released.

31  If the trial court judge determines that there was probable

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 1  cause for the arrest, such determination also constitutes

 2  reasonable grounds to believe that the offender violated the

 3  conditions of the release. Within 24 hours after the trial

 4  court judge's finding of probable cause, the detention

 5  facility administrator or designee shall notify the commission

 6  and the department of the finding and transmit to each a

 7  facsimile copy of the probable cause affidavit or the sworn

 8  offense report upon which the trial court judge's probable

 9  cause determination is based. The offender must continue to be

10  detained without bond for a period not exceeding 72 hours

11  excluding weekends and holidays after the date of the probable

12  cause determination, pending a decision by the commission

13  whether to issue a warrant charging the offender with

14  violation of the conditions of release. Upon the issuance of

15  the commission's warrant, the offender must continue to be

16  held in custody pending a revocation hearing held in

17  accordance with this section.

18         (5)  Following issuance of a warrant or upon a

19  warrantless arrest, the supervision period is tolled until the

20  commission enters a ruling on the violation. Notwithstanding

21  the tolling of supervision provided in this subsection, the

22  commission retains jurisdiction over the offender for any

23  violation of the conditions of supervision which is alleged to

24  have occurred during the supervision period. The probation

25  officer may continue to supervise the offender who remains

26  available to the officer for supervision until the supervision

27  term expires or is revoked or terminated by the commission.

28         (6)(3)  Within 45 days after notice to the Parole

29  Commission of the arrest of a releasee charged with a

30  violation of the terms and conditions of conditional release,

31  control release, conditional medical release, or

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 1  addiction-recovery supervision, the releasee must be afforded

 2  a hearing conducted by a commissioner or a duly authorized

 3  representative thereof. If the releasee elects to proceed with

 4  a hearing, the releasee must be informed orally and in writing

 5  of the following:

 6         (a)  The alleged violation with which the releasee is

 7  charged.

 8         (b)  The releasee's right to be represented by counsel.

 9         (c)  The releasee's right to be heard in person.

10         (d)  The releasee's right to secure, present, and

11  compel the attendance of witnesses relevant to the proceeding.

12         (e)  The releasee's right to produce documents on the

13  releasee's own behalf.

14         (f)  The releasee's right of access to all evidence

15  used against the releasee and to confront and cross-examine

16  adverse witnesses.

17         (g)  The releasee's right to waive the hearing.

18  

19  Any one or more commissioners or a duly authorized

20  representative of the commission may administer oaths and

21  compel the attendance of witnesses at the hearing by the

22  issuance of summonses, subpoenas, and subpoenas duces tecum.

23  Subpoenas and subpoenas duces tecum are enforceable by

24  appropriate proceedings in circuit court, and the willful

25  failure to comply with a court order enforcing a subpoena or

26  subpoena duces tecum constitutes contempt of court. Any one or

27  more commissioners or a duly authorized representative of the

28  commission may issue subpoenas on behalf of the state or the

29  releasee. The commissioners or a duly authorized

30  representative of the commission may decline to issue a

31  subpoena if he or she finds the evidence or testimony to be

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 1  cumulative, irrelevant, or nonprobative. Evidence of a type

 2  commonly relied upon by reasonably prudent persons in the

 3  conduct of their affairs is admissible, whether or not such

 4  evidence would be admissible in a trial in the courts of this

 5  state. The party requesting the subpoenas shall furnish to the

 6  commission the names and addresses of his or her proposed

 7  witnesses at least 10 days before the hearing date.

 8         (7)(4)  Within a reasonable time following the hearing,

 9  the commissioner or the commissioner's duly authorized

10  representative who conducted the hearing shall make findings

11  of fact in regard to the alleged violation. A panel of no

12  fewer than two commissioners shall enter an order determining

13  whether the charge of violation of conditional release,

14  control release, conditional medical release, or

15  addiction-recovery supervision has been sustained based upon

16  the findings of fact presented by the hearing commissioner or

17  authorized representative. By such order, the panel may revoke

18  conditional release, control release, conditional medical

19  release, or addiction-recovery supervision and thereby return

20  the releasee to prison to serve the sentence imposed,

21  reinstate the original order granting the release, or enter

22  such other order as it considers proper. Effective for inmates

23  whose offenses were committed on or after July 1, 1995, the

24  panel may order the placement of a releasee, upon a finding of

25  violation pursuant to this subsection, into a local detention

26  facility as a condition of supervision.

27         (8)(5)  Effective for inmates whose offenses were

28  committed on or after July 1, 1995, notwithstanding the

29  provisions of ss. 775.08, former 921.001, 921.002, 921.187,

30  921.188, 944.02, and 951.23, or any other law to the contrary,

31  by such order as provided in subsection (4), the panel, upon a

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 1  finding of guilt, may, as a condition of continued

 2  supervision, place the releasee in a local detention facility

 3  for a period of incarceration not to exceed 22 months. Prior

 4  to the expiration of the term of incarceration, or upon

 5  recommendation of the chief correctional officer of that

 6  county, the commission shall cause inquiry into the inmate's

 7  release plan and custody status in the detention facility and

 8  consider whether to restore the inmate to supervision, modify

 9  the conditions of supervision, or enter an order of

10  revocation, thereby causing the return of the inmate to prison

11  to serve the sentence imposed.  The provisions of this section

12  do not prohibit the panel from entering such other order or

13  conducting any investigation that it deems proper.  The

14  commission may only place a person in a local detention

15  facility pursuant to this section if there is a contractual

16  agreement between the chief correctional officer of that

17  county and the Department of Corrections.  The agreement must

18  provide for a per diem reimbursement for each person placed

19  under this section, which is payable by the Department of

20  Corrections for the duration of the offender's placement in

21  the facility.  This section does not limit the commission's

22  ability to place a person in a local detention facility for

23  less than 1 year.

24         (9)(6)  Whenever a conditional release, control

25  release, conditional medical release, or addiction-recovery

26  supervision is revoked by a panel of no fewer than two

27  commissioners and the releasee is ordered to be returned to

28  prison, the releasee, by reason of the misconduct, shall be

29  deemed to have forfeited all gain-time or commutation of time

30  for good conduct, as provided for by law, earned up to the

31  date of release. However, if a conditional medical release is

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 1  revoked due to the improved medical or physical condition of

 2  the releasee, the releasee shall not forfeit gain-time accrued

 3  before the date of conditional medical release. This

 4  subsection does not deprive the prisoner of the right to

 5  gain-time or commutation of time for good conduct, as provided

 6  by law, from the date of return to prison.

 7         (10)  The commission shall adopt rules pursuant to ss.

 8  120.536(1) and 120.54 necessary to administer this section.

 9         (11)  Because of the compelling state interest in

10  protecting the public from sexual offenders or sexual

11  predators, in any hearing alleging a violation of conditional

12  release supervision for failure to comply with the residency

13  condition in s. 947.1405, the inability of the offender to

14  locate a residence in compliance with s. 947.1405 is not a

15  defense to the finding of a violation under this section.

16         (7)  If a law enforcement officer has probable cause to

17  believe that an offender who is on release supervision under

18  s. 947.1405, s. 947.146, s. 947.149, or s. 944.4731 has

19  violated the terms and conditions of his or her release by

20  committing a felony offense, the officer shall arrest the

21  offender without a warrant, and a warrant need not be issued

22  in the case.

23         Section 4.  Section 947.22, Florida Statutes, is

24  amended to read:

25         947.22  Authority to arrest parole violators with or

26  without warrant.--

27         (1)  If a member of the commission or a duly authorized

28  representative of the commission has reasonable grounds to

29  believe that a parolee has violated the terms and conditions

30  of her or his parole in a material respect, such member or

31  representative may issue a warrant for the arrest of such

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 1  parolee.  The warrant shall be returnable before a member of

 2  the commission or a duly authorized representative of the

 3  commission.  The commission, a commissioner, or a parole

 4  examiner with approval of the parole examiner supervisor, may

 5  release the parolee on bail or her or his own recognizance,

 6  conditioned upon her or his appearance at any hearings noticed

 7  by the commission.  If not released on bail or her or his own

 8  recognizance, the parolee shall be committed to jail pending

 9  hearings pursuant to s. 947.23. The commission, at its

10  election, may have the hearing conducted by one or more

11  commissioners or by a duly authorized representative of the

12  commission.  Any parole and probation officer, any officer

13  authorized to serve criminal process, or any peace officer of

14  this state is authorized to execute the warrant.

15         (2)  Any parole and probation officer, when she or he

16  has reasonable ground to believe that a parolee, control

17  releasee, or conditional releasee has violated the terms and

18  conditions of her or his parole, control release, or

19  conditional release in a material respect, has the right to

20  arrest and cause to be taken into custody the releasee or

21  parolee without a warrant for a period not to exceed 72 hours,

22  excluding weekends and holidays, pending a decision by the

23  commission whether to issue a warrant charging the offender

24  with violation of his or her parole. If the commission issues

25  a warrant, the parolee must continue to be held in custody

26  pending a revocation hearing held in accordance with this

27  section. and bring her or him forthwith before one or more

28  commissioners or a duly authorized representative of the

29  Parole Commission or Control Release Authority; and

30  proceedings shall thereupon be had as provided herein when a

31  warrant has been issued by a member of the commission or

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 1  authority or a duly authorized representative of the

 2  commission or authority.

 3         (3)  If a law enforcement officer has probable cause to

 4  believe that a parolee has violated the terms and conditions

 5  of his or her parole, the officer shall arrest and take into

 6  custody the parolee without a warrant, and a warrant need not

 7  be issued in the case.

 8         (4)  Following issuance of a warrant or upon a

 9  warrantless arrest, the supervision period is tolled until the

10  commission enters a ruling on the violation. Notwithstanding

11  the tolling of supervision provided in this subsection, the

12  commission retains jurisdiction over the parolee for any

13  violation of the conditions of supervision which is alleged to

14  have occurred during the supervision period. The probation

15  officer may continue to supervise the parolee who remains

16  available to the officer for supervision until the supervision

17  term expires or is revoked or terminated by the commission.

18         Section 5.  Subsection (3) of section 947.23, Florida

19  Statutes, is amended to read:

20         947.23  Action of commission upon arrest of parolee.--

21         (3)  Any one or more commissioners or a duly authorized

22  representative of the commission may administer oaths and

23  compel the attendance of witnesses at such hearing by the

24  issuance of summons, subpoenas, and subpoenas duces tecum.

25  Subpoenas and subpoenas duces tecum shall be enforceable by

26  appropriate proceedings in circuit court, and the failure to

27  comply with a court order enforcing a subpoena or subpoena

28  duces tecum shall constitute contempt of court.  Any one or

29  more commissioners or a duly authorized representative of the

30  commission may issue subpoenas on behalf of the state or the

31  parolee.  The commission may decline a request to issue a

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 1  subpoena if a witness whose testimony it finds that the

 2  evidence or testimony would be cumulative, irrelevant, or

 3  nonprobative, and such evidence or testimony shall be

 4  excluded. All other evidence of a type commonly relied upon by

 5  reasonably prudent persons in the conduct of their affairs is

 6  admissible, whether or not such evidence would be admissible

 7  in a trial in the courts of this state. The party requesting

 8  the subpoenas shall furnish to the commissioner,

 9  commissioners, or duly authorized representative of the

10  commission the names and addresses of her or his proposed

11  witnesses at least 10 days prior to the hearing date.

12         Section 6.  Paragraph (b) of subsection (3) of section

13  775.21, Florida Statutes, is amended to read:

14         775.21  The Florida Sexual Predators Act.--

15         (3)  LEGISLATIVE FINDINGS AND PURPOSE; LEGISLATIVE

16  INTENT.--

17         (b)  The high level of threat that a sexual predator

18  presents to the public safety, and the long-term effects

19  suffered by victims of sex offenses, provide the state with

20  sufficient justification to implement a strategy that

21  includes:

22         1.  Incarcerating sexual predators and maintaining

23  adequate facilities to ensure that decisions to release sexual

24  predators into the community are not made on the basis of

25  inadequate space.

26         2.  Providing for specialized supervision of sexual

27  predators who are in the community by specially trained

28  probation officers with low caseloads, as described in ss.

29  947.1405(8) 947.1405(7) and 948.30. The sexual predator is

30  subject to specified terms and conditions implemented at

31  sentencing or at the time of release from incarceration, with

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 1  a requirement that those who are financially able must pay all

 2  or part of the costs of supervision.

 3         3.  Requiring the registration of sexual predators,

 4  with a requirement that complete and accurate information be

 5  maintained and accessible for use by law enforcement

 6  authorities, communities, and the public.

 7         4.  Providing for community and public notification

 8  concerning the presence of sexual predators.

 9         5.  Prohibiting sexual predators from working with

10  children, either for compensation or as a volunteer.

11         Section 7.  This act shall take effect July 1, 2007.

12  

13            *****************************************

14                          SENATE SUMMARY

15    Revises and clarifies the powers and duties of the Parole
      Commission. Authorizes the commission to establish the
16    term and conditions of persons released on
      addiction-recovery supervision. Requires that certain
17    inmates placed on conditional release be subject to
      court-ordered community supervision. Provides for an
18    inmate who commits certain subsequent offenses to be
      subject again to the requirements of conditional release
19    supervision. Authorizes the commission to modify the
      conditions of an offender's supervision. Provides
20    additional restrictions applicable to a releasee who is
      prohibited from living, loitering, or working at a place
21    where children regularly congregate. Provides for certain
      officers to execute warrants for the arrest of an
22    offender who violates the conditions of release.
      Clarifies circumstances under which an offender may be
23    taken into custody without a warrant. Authorizes a
      commissioner or a representative of the commission to
24    compel the attendance of witnesses at a hearing of the
      commission. Provides that the inability of a sexual
25    offender to comply with certain residence requirements is
      not a defense to a violation of such requirements. (See
26    bill for details.)

27  

28  

29  

30  

31  

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