HB 7109

1	A bill to be entitled
2	An act relating to sexually violent predators; amending s.
3	394.913, F.S.; providing for information concerning sexual
4	acts and sexual motivation in a person's criminal history
5	to be provided to the multidisciplinary team treating the
6	sexually violent predator; creating s. 394.9221, F.S.;
7	authorizing employment of certified correctional officers
8	by certain facilities; creating s. 394.9223, F.S.;
9	providing for the use of physical force against a person
10	confined in a secure facility as a sexually violent
11	predator under certain circumstances; providing for
12	examinations, reports, and investigations following the
13	use of force; providing for criminal penalties when force
14	is used with malicious intent; amending s. 916.106, F.S.;
15	authorizing employment of certified correctional officers
16	by certain facilities; creating s. 921.245, F.S.;
17	requiring the judgment in a felony offense in which the
18	record demonstrates sexual motivation to identify the
19	offense as involving sexual motivation; providing an
20	effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1.  Subsection (2) of section 394.913, Florida
25	Statutes, is amended to read:
26	394.913  Notice to state attorney and multidisciplinary
27	team of release of sexually violent predator; establishing
28	multidisciplinary teams; information to be provided to
29	multidisciplinary teams.--
30	(2)  The agency having with jurisdiction shall provide the
31	multidisciplinary team with the following information:
32	(a)  The person's name; identifying characteristics;
33	anticipated future residence; the type of supervision the person
34	will receive in the community, if any; and the person's offense
35	history;
36	(b)  The person's criminal history, including police
37	reports, victim statements, presentence investigation reports,
38	postsentence investigation reports, if available, and any other
39	documents containing facts of the person's criminal incidents or
40	indicating whether the criminal incidents included sexual acts
41	or were sexually motivated;
42	(c)  Mental health, mental status, and medical records,
43	including all clinical records and notes concerning the person;
44	(d)  Documentation of institutional adjustment and any
45	treatment received and, in the case of an adjudicated delinquent
46	committed to the Department of Juvenile Justice, copies of the
47	most recent performance plan and performance summary; and
48	(e)  If the person was returned to custody after a period
49	of supervision, documentation of adjustment during supervision
50	and any treatment received.
51	Section 2.  Section 394.9221, Florida Statutes, is created
52	to read:
53	394.9221  Certified security personnel.--The department, or
54	an entity contracted to operate a facility under this part, is
55	considered an "employing agency" within the meaning of s.
56	943.10(4) and is expressly authorized to employ certified
57	correctional officers as facility security personnel.
58	Section 3.  Section 394.9223, Florida Statutes, is created
59	to read:
60	394.9223  Use of force.--
61	(1)  When necessary to provide protection and security to
62	any client, to the personnel, equipment, buildings, or grounds
63	of a secure facility, or to citizens in the surrounding
64	community, an employee or agent of a secure facility, or an
65	employee of a state or local law enforcement agency, may apply
66	physical force upon a person confined in a secure facility under
67	this part only when and to the extent that it reasonably appears
68	necessary. This includes the use of nonlethal devices, such as
69	chemical agents and hand-held electronic immobilization devices,
70	when authorized by the administrator of the facility or her or
71	his designee when the administrator is not present, and only
72	after an employee has been trained in the appropriate use of
73	such chemical agents and electronic devices. Chemical agents and
74	hand-held electronic immobilization devices shall be used only
75	to the extent necessary to provide protection and security. A
76	staff person may not carry a chemical agent or hand-held
77	electronic immobilization device on her or his person under any
78	circumstances, except while escorting a facility resident
79	outside the secure perimeter of the facility or as an authorized
80	response to an incident within the facility that threatens the
81	safety or security of staff or residents. Hand-held electronic
82	immobilization devices are used only while escorting a confined
83	person outside the secure perimeter of the facility.
84	Circumstances under which reasonable force may be employed
85	include:
86	(a)  Defending oneself against imminent use of unlawful
87	force;
88	(b)  Preventing the escape of a person confined at the
89	secure facility;
90	(c)  Preventing damage to property;
91	(d)  Quelling a disturbance; or
92	(e)  Overcoming physical resistance to a lawful command.
93	(2)  Following any use of force, each person who was
94	physically involved shall receive a medical examination by a
95	qualified health care provider, unless the person refuses such
96	examination, to determine the extent of injury, if any. The
97	examining health care provider shall prepare a report that
98	includes, but need not be limited to, a statement of whether
99	further examination by a physician is necessary. Any noticeable
100	physical injury shall be examined by a physician who shall
101	prepare a report documenting the extent and cause of the injury
102	and the treatment prescribed. Such report shall be completed
103	within 5 working days after the incident and shall be submitted
104	to the facility superintendent for investigation as appropriate.
105	(3)  Each person who applied physical force or was
106	responsible for making the decision to apply physical force upon
107	a confined person shall prepare, date, and sign an independent
108	report within 3 working days after the incident. The report
109	shall be delivered to the facility superintendent who shall
110	conduct an investigation and shall determine whether force was
111	appropriately used. Copies of the report and the facility
112	superintendent's evaluation shall be kept in the resident's
113	file. A record of each incident involving an employee's use of
114	force and the facility superintendent's evaluation shall be kept
115	in the employee's file.
116	(4)  An employee of a secure facility under this part who,
117	with malicious intent:
118	(a)  Commits a battery upon a person confined in the
119	facility commits a misdemeanor of the first degree, punishable
120	as provided in s. 775.082 or s. 775.083; or
121	(b)  Commits a battery or inflicts cruel or inhuman
122	treatment by neglect or otherwise, and, in so doing, causes
123	great bodily harm, permanent disability, or permanent
124	disfigurement to a person confined in the facility commits a
125	felony of the third degree, punishable as provided in s.
126	775.082, s. 775.083, or s. 775.084.
127	Section 4.  Subsection (12) of section 916.106, Florida
128	Statutes, is amended to read:
129	916.106  Definitions.--For the purposes of this chapter,
130	the term:
131	(12)  "Institutional security personnel" means the staff of
132	forensic facilities who meet or exceed the requirements of s.
133	943.13 and who are responsible for providing security,
134	protecting clients and personnel, enforcing rules, preventing
135	and investigating unauthorized activities, and safeguarding the
136	interests of citizens in the surrounding communities. The
137	department, the agency, or an entity contracted to operate a
138	forensic facility is considered an "employing agency" within the
139	meaning of s. 943.10(4) and is expressly authorized to employ
140	certified correctional officers as institutional security
141	personnel. This authority applies to all certified correctional
142	officers employed in such capacity since January 1, 1974.
143	Section 5.  Section 921.245, Florida Statutes, is created
144	to read:
145	921.245  Felony judgments; sexually motivated
146	offenses.--The judgment entered in each felony offense in which
147	the record demonstrates sexual motivation must identify the
148	offense as involving sexual motivation.
149	Section 6.  This act shall take effect upon becoming a law.

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