Florida Senate - 2008 SB 1614

By the Committee on Criminal Justice

591-04023-08 20081614__

A bill to be entitled

An act relating to the Department of Corrections; amending

s. 27.51, F.S.; providing for the public defender to

represent an indigent person who is involuntarily placed

or treated in an inmate mental health treatment facility;

amending s. 120.57, F.S.; requiring that an administrative

law judge appoint a public defender to represent an inmate

in proceedings for continued placement in such a facility;

amending s. 921.187, F.S.; deleting certain provisions

limiting circumstances under which an offender may be

placed in community control; amending s. 940.061, F.S.;

specifying that the Department of Corrections meets its

statutory obligation to assist released offenders with

completing the application for the restoration of civil

rights by sending an electronic list to the Parole

Commission each month of those inmates and offenders who

were released from incarceration or terminated from

supervision during the preceding month; amending s.

943.16, F.S.; eliminating provisions requiring that a law

enforcement officer reimburse the employing agency for

wages and benefits paid by the employing agency if the

officer terminates employment before the end of a 2-year

commitment period; eliminating wages and benefits from the

costs that employing agencies may recover; eliminating the

definition of the term "academy training period"; amending

s. 944.1905, F.S.; authorizing the department to assign an

offender sentenced to death to a facility for youthful

offenders until the offender reaches a specified age;

deleting provisions requiring that certain offenders

younger than 18 years of age be housed and provided

certain services separately from older offenders or placed

in a facility for youthful offenders; amending s. 944.293,

F.S.; specifying that the Department of Corrections meets

its statutory obligation to assist released offenders with

completing the application for the restoration of civil

rights by sending an electronic list to the Parole

Commission each month of those inmates and offenders who

were released from incarceration or terminated from

supervision during the preceding month; amending s.

944.47, F.S.; providing that a cellular telephone or other

portable communication device that is introduced inside

the secure perimeter of a state correctional institution

without prior authorization is contraband; prohibiting an

inmate or other person upon the grounds of the institution

from possessing such contraband without authorization;

providing a definition; providing criminal penalties;

amending s. 945.41, F.S.; eliminating a requirement that

the Department of Corrections contract with the Department

of Children and Family Services to provide certain mental

health services; authorizing the Department of Corrections

to contract with other entities or persons to provide

mental health services to inmates; amending s. 945.42,

F.S.; revising definitions and defining the term "crisis

stabilization care"; amending s. 945.43, F.S.; revising

the procedures for placing an inmate in a mental health

treatment facility; providing for the inmate to be

represented by an attorney; providing for representation

if the inmate is indigent; authorizing the court to waive

the presence of the inmate at the hearing on the inmate's

placement; amending s. 945.44, F.S.; providing for the

emergency placement of an inmate in a mental health

treatment facility; amending s. 945.45, F.S.; revising the

provisions governing the continued placement of an inmate

in a mental health treatment facility; providing for an

inmate who is not otherwise represented by an attorney to

be represented by the public defender of the circuit in

which the treatment facility is located; providing that

the administrative law judge may waive the presence of the

inmate at the hearing under certain conditions; amending

s. 945.46, F.S.; authorizing the warden to initiate

procedures for the involuntary examination of an inmate

who has a mental illness and meets certain criteria;

amending s. 945.47, F.S.; providing for the transfer of an

inmate who is no longer in need of mental health

treatment; deleting certain provisions governing

involuntary placement; requiring that a summary of the

inmate's treatment be provided to the Parole Commission

and the Department of Children and Family Services upon

request; amending s. 945.48, F.S.; revising the procedure

for the involuntary mental health treatment of an inmate;

providing for the warden of the institution containing the

mental health treatment facility to petition the circuit

court for an order authorizing involuntary treatment;

providing requirements for the hearing on involuntary

treatment; limiting the period that an order authorizing

involuntary treatment is effective; providing a procedure

for emergency treatment; amending s. 945.49, F.S.;

deleting a provision requiring that training provided to

correctional officers employed by a mental health

treatment facility be in accordance with the requirements

of the Criminal Justice Standards and Training Commission;

amending s. 948.01, F.S.; deleting certain provisions

limiting circumstances under which an offender may be

placed in community control; amending s. 948.10, F.S.;

deleting a requirement that community control programs and

manuals be developed in consultation with the Florida

Conference of Circuit Court Judges and the State Courts

Administrator; eliminating provisions requiring the

Department of Corrections to commit a specified amount of

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resources to the community control program; deleting

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requirements for the department in developing and

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implementing community control programs, resource

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directories, and training programs; deleting a requirement

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for the Florida Court Education Council and the State

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Courts Administrator to coordinate certain resources for

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judges pertaining to community control; eliminating

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provisions governing review and notice by the department

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of offenders ineligible for community control and

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requiring the department to develop a caseload

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equalization strategy; deleting certain reporting

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requirements for the department; amending s. 958.04, F.S.;

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authorizing the court to sentence a person as a youthful

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offender if the offender is younger than 21 years of age

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at the time sentence is imposed; requiring the Department

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of Corrections to adopt by rule criteria to define

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successful participation in the youthful offender program;

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amending s. 958.11, F.S.; removing the specific

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designation of youthful offender facilities for housing

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female offenders; revising requirements for the department

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with respect to assigning or transferring youthful

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offenders; removing references to the Assistant Secretary

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for Youthful Offenders; amending s. 958.12, F.S.; removing

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the requirement for a youthful offender to be visited by a

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probation and parole officer before release; removing the

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requirement for the department to develop community

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partnerships with the Department of Labor and Employment

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Security and the Department of Children and Family

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Services; providing an effective date.

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

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Section 1. Subsection (1) of section 27.51, Florida

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Statutes, is amended to read:

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27.51 Duties of public defender.--

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(1) The public defender shall represent, without additional

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compensation, any person determined to be indigent under s. 27.52

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and:

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(a) Under arrest for, or charged with, a felony;

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(b) Under arrest for, or charged with:

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1. A misdemeanor authorized for prosecution by the state

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attorney;

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2. A violation of chapter 316 punishable by imprisonment;

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3. Criminal contempt; or

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4. A violation of a special law or county or municipal

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ordinance ancillary to a state charge, or if not ancillary to a

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state charge, only if the public defender contracts with the

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county or municipality to provide representation pursuant to ss.

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27.54 and 125.69.

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The public defender shall not provide representation pursuant to

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this paragraph if the court, prior to trial, files in the cause

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an order of no imprisonment as provided in s. 27.512;

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filed before a circuit court;

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(d) Sought by petition filed in such court to be

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involuntarily placed as a mentally ill person under part I of

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chapter 394, involuntarily placed in an inmate mental health

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treatment facility under chapter 945, involuntarily treated in an

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inmate mental health treatment facility under chapter 945,

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involuntarily committed as a sexually violent predator under part

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V of chapter 394, or involuntarily admitted to residential

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services as a person with developmental disabilities under

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chapter 393. A public defender shall not represent any plaintiff

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in a civil action brought under the Florida Rules of Civil

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Procedure, the Federal Rules of Civil Procedure, or the federal

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statutes, or represent a petitioner in a rule challenge under

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chapter 120, unless specifically authorized by statute;

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(e) Convicted and sentenced to death, for purposes of

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handling an appeal to the Supreme Court; or

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(f) Is appealing a matter in a case arising under

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paragraphs (a)-(d).

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Section 2. Paragraph (b) of subsection (1) of section

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120.57, Florida Statutes, is amended to read:

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120.57 Additional procedures for particular cases.--

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(1) ADDITIONAL PROCEDURES APPLICABLE TO HEARINGS INVOLVING

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DISPUTED ISSUES OF MATERIAL FACT.--

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(b) All parties shall have an opportunity to respond, to

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present evidence and argument on all issues involved, to conduct

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cross-examination and submit rebuttal evidence, to submit

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proposed findings of facts and orders, to file exceptions to the

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presiding officer's recommended order, and to be represented by

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counsel or other qualified representative. In proceedings for the

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continued placement of inmates under s. 945.45, the

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administrative law judge shall appoint the public defender of the

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circuit in which the treatment facility is located to represent

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the inmate, unless the inmate is otherwise represented by a

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private attorney. When appropriate, the general public may be

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given an opportunity to present oral or written communications.

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If the agency proposes to consider such material, then all

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parties shall be given an opportunity to cross-examine or

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challenge or rebut the material.

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Section 3. Subsections (2), (3), and (4) of section

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921.187, Florida Statutes, are amended to read:

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921.187 Disposition and sentencing; alternatives;

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restitution.--

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(2) An offender may not be placed in community control if:

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(a) Convicted of or adjudication is withheld for a forcible

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felony as defined in s. 776.08; and

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(b) Previously convicted of or adjudication was withheld

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for a forcible felony as defined in s. 776.08.

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Nothing in this subsection prohibits placement of certain inmates

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on community control pursuant to s. 947.1747. For purposes of

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this subsection, a forcible felony does not include manslaughter

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or burglary.

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(2)(3) In addition to any other penalty provided by law for

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an offense enumerated in s. 775.0877(1)(a)-(n), if the offender

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is convicted of criminal transmission of HIV pursuant to s.

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775.0877, the court may sentence the offender to criminal

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quarantine community control as described in s. 948.001.

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(3)(4) The court shall require an offender to make

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restitution under s. 775.089, unless the court finds clear and

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compelling reasons not to order such restitution. If the court

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does not order restitution, or orders restitution of only a

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portion of the damages, as provided in s. 775.089, the court

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shall state the reasons on the record in detail. An order

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requiring an offender to make restitution to a victim under s.

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775.089 does not remove or diminish the requirement that the

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court order payment to the Crimes Compensation Trust Fund under

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chapter 960.

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Section 4. Section 940.061, Florida Statutes, is amended to

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read:

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940.061 Informing persons about executive clemency and

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restoration of civil rights.--The Department of Corrections shall

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inform and educate inmates and offenders on community supervision

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about the restoration of civil rights and assist eligible inmates

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and offenders on community supervision with the completion of the

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application for the restoration of civil rights. The department

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may meet its obligation to assist inmates and offenders with

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completing the application for the restoration of civil rights by

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electronically providing to the Parole Commission each month a

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list of inmates who were released from incarceration and

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offenders who were terminated from supervision during the

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preceding month.

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Section 5. Section 943.16, Florida Statutes, is amended to

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read:

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943.16 Payment of tuition or officer certification

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examination fee by employing agency; reimbursement of tuition,

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other course expenses, wages, and benefits.--

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(1) An employing agency is authorized to pay any costs of

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tuition of a trainee in attendance at an approved basic recruit

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training program.

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(2)(a) A trainee who attends such approved training program

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at the expense of an employing agency must remain in the

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employment or appointment of such employing agency for a period

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of not less than 2 years after graduation from the basic recruit

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training program. If employment or appointment is terminated on

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the trainee's own initiative within 2 years, he or she shall

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reimburse the employing agency for the full cost of his or her

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tuition and, other course expenses, and additional amounts as

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provided in paragraph (b).

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(b) In addition to reimbursement for the full cost of

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tuition and other course expenses, a trainee terminating

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employment as provided in paragraph (a) shall reimburse the

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employing agency for the trainee's wages and benefits paid by the

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employing agency during the academy training period according to

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the following schedule:

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1. For a trainee terminating employment within 6 months of

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graduation from the basic recruit training program, the full

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amount of wages and benefits paid during the academy training

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period.

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2. For a trainee terminating employment within 6 months and

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1 day to 12 months of graduation from the basic recruit training

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program, an amount equal to three-fourths of the full amount of

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wages and benefits paid during the academy training period.

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3. For a trainee terminating employment within 12 months

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and 1 day to 18 months of graduation from the basic recruit

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training program, an amount equal to one-half of the full amount

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of wages and benefits paid during the academy training period.

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4. For a trainee terminating employment within 18 months

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and 1 day to 24 months of graduation from the basic recruit

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training program, an amount equal to one-fourth of the full

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amount of wages and benefits paid during the academy training

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period.

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(3) An employing agency is authorized to pay the required

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fee for an applicant to take the officer certification

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examination on one occasion.

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(4) An employing agency may institute a civil action to

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collect such cost of tuition and, other course expenses, wages,

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and benefits as provided in this section if it is not reimbursed,

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provided that the employing agency gave written notification to

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the trainee of the 2-year employment commitment during the

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employment screening process. The trainee shall return signed

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acknowledgment of receipt of such notification.

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(5) For purposes of this section, "academy training period"

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means the period of time that a trainee is attending an approved

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basic recruit training program in a law enforcement or

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correctional officer academy class for purposes of obtaining

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certification pursuant to this chapter, until the date of

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graduation from such class. the term "other course expenses"

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includes the cost of meals.

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(6) This section does not apply to trainees who terminate

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employment with the employing agency and resign their

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certification upon termination in order to obtain employment for

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which certification under this chapter is not required. Further,

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this section does not apply to trainees attending auxiliary

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officer training.

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(7) Notwithstanding the provisions of this section, an

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employing agency may waive a trainee's requirement of

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reimbursement in part or in full when the trainee terminates

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employment due to hardship or extenuating circumstances.

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Section 6. Subsection (5) of section 944.1905, Florida

303

Statutes, is amended to read:

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944.1905 Initial inmate classification; inmate

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reclassification.--The Department of Corrections shall classify

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inmates pursuant to an objective classification scheme. The

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initial inmate classification questionnaire and the inmate

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reclassification questionnaire must cover both aggravating and

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mitigating factors.

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(5)(a) Notwithstanding any other provision of this section,

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the department shall assign to facilities housing youthful

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offenders specific correctional facilities all inmates who are

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less than 18 years of age and who are not eligible for assignment

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and have not been assigned to a facility for youthful offenders,

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with the exception of those who have received a sentence of

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death. Such an inmate shall be assigned to a facility for

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youthful offenders until the inmate is 18 years of age. At the

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discretion of the department, an inmate may be housed in a

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facility for youthful offenders until the inmate is 21 years of

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age. Any such inmate who is less than 18 years of age shall be

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housed in a dormitory that is separate from inmates who are 18

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years of age or older. Furthermore, the department shall provide

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any food service, education, and recreation for such inmate

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separately from inmates who are 18 years of age or older.

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(b) Notwithstanding the requirements of s. 958.11, any

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inmate who is less than 18 years of age, who was 15 years of age

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or younger at the time of his or her offense, and who has no

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prior juvenile adjudication must be placed in a facility for

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youthful offenders until the inmate is 18 years of age. At the

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discretion of the department, such an inmate may be placed in a

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facility for youthful offenders until the inmate is 21 years of

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age.

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(b)(c) Any inmate who is assigned to a facility under

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paragraph (a) is subject to the provisions of s. 958.11 regarding

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facility assignments, and or paragraph (b) shall be removed and

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reassigned to the general inmate population if his or her

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behavior threatens the safety of other inmates or correctional

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staff.

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Section 7. Section 944.293, Florida Statutes, is amended to

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read:

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944.293 Initiation of restoration of civil rights.--With

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respect to those persons convicted of a felony, the following

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procedure shall apply: Prior to the time an offender is

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discharged from supervision, an authorized agent of the

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department shall obtain from the Governor the necessary

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application and other forms required for the restoration of civil

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rights. The authorized agent shall assist the offender in

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completing these forms and shall ensure that the application and

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all necessary material are forwarded to the Governor before the

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offender is discharged from supervision. The department may meet

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its obligation to assist offenders in completing the application

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for the restoration of civil rights by electronically providing

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to the Parole Commission each month a list of offenders who were

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released from incarceration or terminated from supervision during

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the preceding month.

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Section 8. Section 944.47, Florida Statutes, is amended to

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read:

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944.47 Introduction, removal, or possession of certain

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articles unlawful; penalty.--

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(1)(a) Except through regular channels as authorized by the

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officer in charge of the correctional institution, it is unlawful

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to introduce into or upon the grounds of any state correctional

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institution, or to take or attempt to take or send or attempt to

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send therefrom, any of the following articles which are hereby

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declared to be contraband for the purposes of this section, to

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wit:

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1. Any written or recorded communication or any currency or

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coin given or transmitted, or intended to be given or

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transmitted, to any inmate of any state correctional institution.

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2. Any article of food or clothing given or transmitted, or

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intended to be given or transmitted, to any inmate of any state

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correctional institution.

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3. Any intoxicating beverage or beverage which causes or

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may cause an intoxicating effect.

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4. Any controlled substance as defined in s. 893.02(4) or

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any prescription or nonprescription drug having a hypnotic,

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stimulating, or depressing effect.

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5. Any firearm or weapon of any kind or any explosive

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substance.

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6. Any cellular telephone or other portable communication

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device intentionally and unlawfully introduced inside the secure

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perimeter of any state correctional institution without prior

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authorization or consent from the officer in charge of such

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correctional institution. As used in this subparagraph, the term

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"portable communication device" means any device carried, worn,

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or stored which is designed or intended to receive or transmit

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verbal or written messages, access or store data, or connect

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electronically to the Internet or any other electronic device,

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and which allows communications in any form. Such devices

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include, but are not limited to, portable two-way pagers, hand-

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held radios, cellular telephones, Blackberry-type devices,

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personal digital assistants or PDA's, laptop computers, or any

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components of these devices which are intended to be used to

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assemble such devices. The term also includes any new technology

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that is developed for similar purposes. Excluded from this

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definition is any device having communication capabilities which

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has been approved or issued by the department for investigative

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or institutional security purposes or for conducting other state

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business.

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(b) It is unlawful to transmit or attempt to transmit to,

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or cause or attempt to cause to be transmitted to or received by,

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any inmate of any state correctional institution any article or

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thing declared by this subsection to be contraband, at any place

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which is outside the grounds of such institution, except through

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regular channels as authorized by the officer in charge of such

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correctional institution.

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institution or any person while upon the grounds of any state

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correctional institution to be in actual or constructive

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possession of any article or thing declared by this section to be

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contraband, except as authorized by the officer in charge of such

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correctional institution.

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(2) A person who violates any provision of this section as

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it pertains to an article of contraband described in subparagraph

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(1)(a)1., or subparagraph (1)(a)2., or subparagraph (1)(a)6.

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commits is guilty of a felony of the third degree, punishable as

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provided in s. 775.082, s. 775.083, or s. 775.084. In all other

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cases, a violation of a provision of this section constitutes a

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felony of the second degree, punishable as provided in s.

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775.082, s. 775.083, or s. 775.084.

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Section 9. Subsections (1) and (5) of section 945.41,

422

Florida Statutes, are amended to read:

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945.41 Legislative intent of ss. 945.40-945.49.--It is the

424

intent of the Legislature that mentally ill inmates in the

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custody of the Department of Corrections receive evaluation and

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appropriate treatment for their mental illness through a

427

continuum of services. It is further the intent of the

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Legislature that:

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(1) Inmates in the custody of the department who have

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mental illnesses that require hospitalization and intensive

431

psychiatric inpatient treatment or care receive appropriate

432

treatment or care in Department of Corrections mental health

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treatment facilities designated for that purpose. The department

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shall contract with the Department of Children and Family

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Services for the provision of mental health services in any

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departmental mental health treatment facility. The Department of

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Corrections shall provide mental health services to inmates

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committed to it and may contract with any entities, persons, or

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agencies qualified to provide such services.

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(5) The department may designate a mental health treatment

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facility for adult, and youthful, and female offenders or may

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contract with other appropriate entities, persons, or agencies

443

for such services.

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Section 10. Section 945.42, Florida Statutes, is amended to

445

read:

446

945.42 Definitions; ss. 945.40-945.49.--As used in ss.

447

945.40-945.49, the following terms shall have the meanings

448

ascribed to them, unless the context shall clearly indicate

449

otherwise:

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(1) "Court" means the circuit court.

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(2) "Crisis stabilization care" means a level of care that

452

is less restrictive and intense than care provided in a mental

453

health treatment facility, that includes a broad range of

454

evaluation and treatment services provided within a highly

455

structured setting or locked residential setting, and that is

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intended for inmates who are experiencing acute emotional

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distress and who cannot be adequately evaluated and treated in a

458

transitional care unit or infirmary isolation management room.

459

Such treatment is also more intense than treatment provided in a

460

transitional care unit and is devoted principally toward rapid

461

stabilization of acute symptoms and conditions.

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(3)(2) "Department" means the Department of Corrections.

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(4)(3) "Director" means the Director for Mental Health

464

Services of the Department of Corrections or his or her designee.

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(5)(4) "In immediate need of care and treatment" means that

466

an inmate is apparently mentally ill and is not able to be

467

appropriately cared for in the institution where he or she the

468

inmate is confined and that, but for being isolated in a more

469

restrictive and secure housing environment, because of the

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apparent mental illness:

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(a)1. The inmate is demonstrating a refusal to care for

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himself or herself and without immediate treatment intervention,

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is likely to continue to refuse to care for himself or herself,

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and such refusal the alleged mental illness poses an immediate,

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real, and present threat of substantial harm to his or her the

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inmate's well-being; or to the safety of others.

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2. There is an immediate, real, and present threat that the

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inmate will inflict serious bodily harm on himself or herself or

479

another person, as evidenced by recent behavior involving

480

causing, attempting, or threatening such harm;

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(b)1. The inmate has refused voluntary placement for

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treatment at a mental health treatment facility after sufficient

483

and conscientious explanation and disclosure of the purpose of

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placement; or

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2. The inmate is unable to determine for himself or herself

486

whether placement is necessary; and

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that would offer an opportunity for improvement of the inmate's

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condition have been clinically determined to be inappropriate.

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(6)(5) "In need of care and treatment" means that an inmate

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has a mental illness for which inpatient services in a mental

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health treatment facility are necessary and that, but for being

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isolated in a more restrictive and secure housing environment,

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because of the which mental illness:

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(a)1. The inmate is demonstrating a refusal to care for

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himself or herself, without treatment is likely to continue to

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refuse to care for himself or herself, and such refusal poses a

498

real and present threat of substantial harm to his or her the

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inmate's well-being; or to the safety of others.

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2. There is a substantial likelihood that in the near

501

future the inmate will inflict serious bodily harm on himself or

502

herself or another person, as evidenced by recent behavior

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causing, attempting, or threatening such harm;

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(b)1. The inmate has refused voluntary placement for

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treatment at a mental health treatment facility after sufficient

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and conscientious explanation and disclosure of the purpose of

507

placement; or

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2. The inmate is unable to determine for himself or herself

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whether placement is necessary; and

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that would offer an opportunity for improvement of the inmate's

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condition have been clinically determined to be inappropriate.

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(7)(6) "Inmate" means any person committed to the custody

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of the Department of Corrections.

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(8)(7) "Mental health treatment facility" means the

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Corrections Mental Health Institution and any extended treatment

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or hospitalization-level unit within the corrections system which

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other institution that the Assistant Secretary for Health

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Services of the department specifically designates by rule to

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provide acute psychiatric care and which may include involuntary

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treatment and therapeutic intervention at the hospital level, in

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contrast to less intensive levels of care such as outpatient

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mental health care, transitional mental health care, or crisis

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stabilization care.

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(9)(8) "Mentally ill" means an impairment of the mental or

526

emotional processes, of the ability to exercise conscious control

527

of one's actions, or of the ability to perceive or understand

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reality or to understand, which impairment substantially

529

interferes with a person's ability to meet the ordinary demands

530

of living, regardless of etiology, except that, for the purposes

531

of transfer of an inmate to a mental health treatment facility,

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the term does not include retardation or developmental disability

533

as defined in chapter 393, simple intoxication, or conditions

534

manifested only by antisocial behavior or substance abuse drug

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addiction. However, an individual who is mentally retarded or

536

developmentally disabled may also have a mental illness.

537

(10)(9) "Psychiatrist" means a medical practitioner

538

licensed pursuant to chapter 458 or chapter 459 who has primarily

539

diagnosed and treated nervous and mental disorders for a period

540

of not less than 3 years inclusive of psychiatric residency.

541

(11)(10) "Psychological professional" "Psychologist" means

542

a behavioral practitioner who has an approved doctoral degree in

543

psychology as defined in s. 490.003(3)(b) and is employed by the

544

department that is primarily clinical in nature from a university

545

or professional graduate school that is state-authorized or

546

accredited by an accrediting agency approved by the United States

547

Department of Education and who is professionally certified by

548

the appropriate professional psychology association or who is

549

licensed as a psychologist pursuant to chapter 490.

550

(12)(11) "Secretary" means the Secretary of Corrections.

551

(13)(12) "Transitional mental health care" means a level of

552

care that is more intensive than outpatient care, but less

553

intensive than crisis stabilization care, and is characterized by

554

the provision of traditional mental health treatments such as

555

group and individual therapy, activity therapy, recreational

556

therapy, and psychotropic medications chemotherapy, in the

557

context of a structured residential setting. Transitional mental

558

health care is indicated for a person with chronic or residual

559

symptomatology who does not require crisis stabilization care or

560

acute psychiatric care at the hospital level, but whose

561

impairment impairments in functioning nevertheless renders render

562

him or her incapable of adjusting satisfactorily within the

563

general inmate population, even with the assistance of outpatient

564

care.

565

(14)(13) "Warden" means the warden of a state corrections

566

facility or his or her designee.

567

Section 11. Section 945.43, Florida Statutes, is amended to

568

read:

569

945.43 Admission of inmate to mental health treatment

570

facility.--

571

(1) CRITERIA.--An inmate may be admitted to a mental health

572

treatment facility if he or she is mentally ill and is in need of

573

care and treatment, as defined in s. 945.42(6).

574

(2) PROCEDURE FOR PLACEMENT IN ADMISSION TO A MENTAL HEALTH

575

TREATMENT FACILITY.--

576

(a) An inmate may be admitted to a mental health treatment

577

facility after notice and hearing, upon the recommendation of the

578

warden of the facility where the inmate is confined and of the

579

director. The recommendation shall be entered on a petition

580

certificate and must be supported by the expert opinion of a

581

psychiatrist and the second opinion of a psychiatrist or

582

psychological professional psychologist. The petition certificate

583

shall be filed with the court in the county where the inmate is

584

located and shall serve as a petition for a hearing regarding

585

placement.

586

(b) A copy of the petition certificate shall also be filed

587

with the department, and copies shall be served on the inmate and

588

the inmate's representatives, accompanied by:

589

1. A written notice, in plain and simple language, that the

590

inmate or the inmate's representative may apply at any time for a

591

hearing on the issue of the inmate's need for treatment if he or

592

she has previously waived such a hearing.

593

2. A petition for such hearing, which requires only the

594

signature of the inmate or the inmate's representative for

595

completion.

596

3. A written notice that the petition may be filed with the

597

court in the county in which the inmate is hospitalized at the

598

time and stating the name and address of the judge of such court.

599

4. a written notice that the inmate or the inmate's

600

representative may apply immediately to the court to have an

601

attorney appointed if the inmate cannot afford one.

602

603

in which the inmate is located being treated at any time within 6

604

months of the date of the certificate. The hearing shall be held

605

in the same county, and one of the inmate's physicians at the

606

facility where the inmate is located shall appear as a witness at

607

the hearing.

608

(d) The inmate may have an attorney represent him or her at

609

the hearing and, if the inmate is indigent, the court may appoint

610

the office of the public defender or private counsel pursuant to

611

s. 27.40(1) to represent the inmate at the hearing. An attorney

612

representing the inmate shall have access to the inmate and any

613

records, including medical or mental health records, which are

614

relevant to the representation of the inmate.

615

(e) If the court finds that the inmate is mentally ill and

616

in need of care and treatment, as defined in s. 945.42(6), the

617

court it shall order that he or she be placed in admitted to a

618

mental health treatment facility or, if the inmate is at a mental

619

health treatment facility, that he or she be retained there.

620

However, the inmate may be immediately transferred to and

621

admitted at a mental health treatment facility by executing a

622

waiver of the hearing by express and informed consent, without

623

awaiting the court order. The court shall authorize the mental

624

health treatment facility to retain the inmate for up to 6

625

months. If, at the end of that time, continued placement

626

treatment is necessary, the warden shall apply to the Division of

627

Administrative Hearings in accordance with s. 945.45 court for an

628

order authorizing continued placement.

629

(3) PROCEDURE FOR HEARING ON PLACEMENT TRANSFER OF AN

630

INMATE IN A FOR MENTAL HEALTH TREATMENT FACILITY.--If the inmate

631

does not waive a hearing or if the inmate or the inmate's

632

representative files a petition for a hearing after having waived

633

it,

634

(a) The court shall serve notice on the warden of the

635

facility where the inmate is confined, the director, and the

636

allegedly mentally ill inmate. The notice must shall specify the

637

date, time, and place of the hearing; the basis for the

638

allegation of mental illness; and the names of the examining

639

experts. The hearing shall be held within 5 days, and the court

640

may appoint a general or special magistrate to preside. The court

641

may waive the presence of the inmate at the hearing if such

642

waiver is consistent with the best interests of the inmate and

643

the inmate's counsel does not object. The hearing may be as

644

informal as is consistent with orderly procedure. One of the

645

experts whose opinion supported the petition for placement

646

recommendation shall be present at the hearing for information

647

purposes.

648

(b) If, at the hearing, the court finds that the inmate is

649

mentally ill and in need of care and treatment, as defined in s.

650

945.42(6), the court it shall order that he or she be placed in

651

transferred to a mental health treatment facility and provided

652

appropriate treatment. The court shall provide a copy of its

653

order authorizing placement transfer and all supporting

654

documentation relating to the inmate's condition to the warden of

655

the treatment facility. If the court finds that the inmate is not

656

mentally ill, it shall dismiss the petition for placement

657

transfer.

658

(4) REFUSAL OF PLACEMENT ADMISSION; WHEN REFUSAL

659

ALLOWED.--The warden of an institution in which a mental health

660

treatment facility is located may refuse to place admit any

661

inmate in that treatment facility who is not accompanied by

662

adequate court orders and documentation, as required in ss.

663

945.40-945.49.

664

Section 12. Section 945.44, Florida Statutes, is amended to

665

read:

666

945.44 Emergency placement admission of inmate in a to

667

mental health treatment facility.--

668

(1) CRITERIA.--An inmate may be placed in a mental health

669

treatment facility on an emergency basis if he or she is mentally

670

ill and in immediate need of care and treatment, as defined in s.

671

945.42(5).

672

(2) PROCEDURE FOR EMERGENCY PLACEMENT ADMISSION.--An inmate

673

who is mentally ill and in immediate need of care and treatment

674

that which cannot be provided at the institution where he or she

675

is confined may be placed in admitted to a mental health

676

treatment facility on an emergency basis. The inmate may be

677

placed transferred immediately in a mental health treatment to

678

the facility and shall be accompanied by the recommendation of

679

the warden of the institution where the inmate is confined, which

680

recommendation must shall state the need for the emergency

681

placement transfer and shall include a written opinion of a

682

physician verifying the need for the emergency placement

683

transfer. Upon the emergency placement the admission of the

684

inmate in to the facility, the inmate shall be evaluated; if he

685

or she is determined to be in need of treatment or care, the

686

warden shall initiate proceedings for placement of the inmate, as

687

described in s. 945.43(2).

688

Section 13. Section 945.45, Florida Statutes, is amended to

689

read:

690

945.45 Procedure for Continued placement of inmates in a

691

mental health treatment facility.--

692

(1) CRITERIA.--An inmate may be retained in a mental health

693

treatment facility if he or she is mentally ill and continues to

694

be in need of care and treatment as defined in s. 945.42(6).

695

(2)(1) PROCEDURE FOR CONTINUED PLACEMENT OF AN INMATE IN A

696

MENTAL HEALTH TREATMENT FACILITY.--

697

(a) If continued placement of an inmate is necessary, The

698

warden shall, prior to the expiration of the period during which

699

the treatment facility is authorized to retain the inmate, file a

700

petition with the Division of Administrative Hearings for request

701

an order authorizing continued placement. The petition must This

702

request shall be accompanied by a statement from the inmate's

703

physician justifying the petition request and providing a brief

704

summary of the inmate's treatment during the time he or she has

705

been placed. In addition, the warden shall submit an

706

individualized plan for the inmate for whom he or she is

707

requesting continued placement. The inmate may remain in a mental

708

health treatment facility pending a hearing after the timely

709

filing of the petition.

710

(b) Notification of this request for retention shall be

711

mailed to the inmate, and the inmate's representative along with

712

a waiver-of-hearing form and the completed petition, requesting

713

the inmate's only a signature and a waiver-of-hearing form. The

714

waiver-of-hearing form shall require express and informed consent

715

and shall state that the inmate is entitled to an administrative

716

a hearing under the law; that the inmate is entitled to be

717

represented by an attorney at the hearing and that, if the inmate

718

cannot afford an attorney, one will be appointed; and that, if it

719

is shown at the hearing that the inmate does not meet the

720

criteria for continued placement, he or she will be transferred

721

out of the mental health treatment facility to another facility

722

of the department. If the inmate or the inmate's representative

723

does not sign the petition, or if the inmate does not sign a

724

waiver within 15 days, the administrative law judge shall notice

725

a hearing with regard to the inmate involved in accordance with

726

ss. 120.569 and 120.57(1).

727

728

attorney, the inmate must be represented at the hearing on the

729

petition for continued placement by the public defender of the

730

circuit in which the treatment facility is located.

731

(3) PROCEDURE FOR HEARING ON CONTINUED PLACEMENT OF AN

732

INMATE IN A MENTAL HEALTH TREATMENT FACILITY.--

733

(a) The hearing on a petition for the continued placement

734

of an inmate in a mental health treatment facility is an

735

administrative hearing and shall be conducted in accordance with

736

ss. 120.569 and 120.57(1), except that an order entered by the

737

administrative law judge is final and subject to judicial review

738

in accordance with s. 120.68. An administrative law judge shall

739

be assigned by the Division of Administrative Hearings to conduct

740

hearings for continued placement.

741

(b) The administrative law judge may waive the presence of

742

the inmate at the hearing if such waiver is consistent with the

743

best interests of the inmate and the inmate's counsel does not

744

object.

745

(c)(2) If, at a hearing pursuant to ss. 945.40-945.49, the

746

administrative law judge finds that the inmate no longer meets

747

the criteria for placement treatment, he or she shall order that

748

the inmate be transferred out of the mental health treatment

749

facility to another facility of the department.

750

(d)(3) If the inmate waives the hearing or if the

751

administrative law judge finds that the inmate is in need of

752

continued placement treatment, the administrative law judge shall

753

enter an order authorizing such continued placement treatment for

754

a period not to exceed 1 year. The same procedure shall be

755

repeated prior to the expiration of each additional 1-year period

756

that the inmate is retained in the mental health treatment

757

facility.

758

(4) Hearings on requests for orders authorizing continued

759

placement filed in accordance with this section shall be

760

conducted in accordance with the provisions of ss. 120.569 and

761

120.57(1), except that any order entered by the administrative

762

law judge shall be final and subject to judicial review in

763

accordance with s. 120.68.

764

Section 14. Section 945.46, Florida Statutes, is amended to

765

read:

766

945.46 Initiation of involuntary placement proceedings with

767

respect to a mentally ill inmate scheduled for release.--

768

(1) If an inmate who is receiving mental health treatment

769

in the department is scheduled for release through expiration of

770

sentence or any other means, but continues to be mentally ill and

771

in need of care and treatment, as defined in s. 945.42(6), the

772

warden is authorized to initiate procedures for involuntary

773

placement pursuant to the provisions of s. 394.467, 60 days prior

774

to such release.

775

(2) In addition, the warden may initiate procedures for

776

involuntary examination pursuant to s. 394.463 for any inmate who

777

has a mental illness and meets the criteria of s. 394.463(1).

778

Section 15. Section 945.47, Florida Statutes, is amended to

779

read:

780

945.47 Discharge of inmate from mental health treatment.--

781

(1) An inmate who has been transferred for the purpose of

782

mental health treatment shall be discharged from treatment by the

783

warden under the following conditions:

784

(a) If the inmate is no longer in need of care and

785

treatment, as defined in s. 945.42(6), he or she may be

786

transferred out of the mental health treatment facility and

787

provided with appropriate mental health services to another

788

institution in the department; or

789

(b) If the inmate continues to be mentally ill, but is not

790

in need of care and treatment as an inpatient, he or she may be

791

transferred to another institution in the department and provided

792

appropriate outpatient and aftercare services;

793

(b)(c) If the inmate's sentence expires during his or her

794

treatment, but he or she is no longer in need of care and

795

treatment as an inpatient, the inmate may be released with a

796

recommendation for outpatient treatment, pursuant to the

797

provisions of ss. 945.40-945.49.; or

798

(d) If the inmate's sentence expires and he or she

799

continues to be mentally ill and in need of care and treatment,

800

the warden shall initiate proceedings for involuntary placement,

801

pursuant to s. 394.467.

802

(2) An inmate who is involuntarily placed pursuant to s.

803

394.467 at the expiration of his or her sentence may be placed,

804

by order of the court, in a facility designated by the Department

805

of Children and Family Services as a secure, nonforensic, civil

806

facility. Such a placement shall be conditioned upon a finding by

807

the court of clear and convincing evidence that the inmate is

808

manifestly dangerous to himself or herself or others. The need

809

for such placement shall be reviewed by facility staff every 90

810

days. At any time that a patient is considered for transfer to a

811

nonsecure, civil unit, the court which entered the order for

812

involuntary placement shall be notified.

813

(2)(3) At any time that an inmate who has received mental

814

health treatment while in the custody of the department becomes

815

eligible for release under supervision or upon end of sentence on

816

parole, a complete record of the inmate's mental health treatment

817

may shall be provided to the Parole Commission and to the

818

Department of Children and Family Services upon request. The

819

record shall include, at a minimum least, a summary of the

820

inmate's diagnosis, length of stay in treatment, clinical

821

history, prognosis, prescribed medication, and treatment plan,

822

and recommendations for aftercare services. In the event that the

823

inmate is released on parole, the record shall be provided to the

824

parole officer who shall assist the inmate in applying for

825

services from a professional or an agency in the community. The

826

application for treatment and continuation of treatment by the

827

inmate may be made a condition of parole, as provided in s.

828

947.19(1); and a failure to participate in prescribed treatment

829

may be a basis for initiation of parole violation hearings.

830

Section 16. Section 945.48, Florida Statutes, is amended to

831

read:

832

945.48 Rights of inmates inmate provided mental health

833

treatment; procedure for involuntary treatment.--

834

(1) RIGHT TO QUALITY TREATMENT.--An inmate in a mental

835

health treatment facility has the right to receive treatment that

836

which is suited to his or her needs and that which is provided in

837

a humane psychological environment. Such treatment shall be

838

administered skillfully, safely, and humanely with respect for

839

the inmate's dignity and personal integrity.

840

(2) RIGHT TO EXPRESS AND INFORMED CONSENT.--Any inmate

841

provided psychiatric treatment within the department shall be

842

asked to give his or her express and informed written consent for

843

such treatment. "Express and informed written consent" or

844

"consent" means consent voluntarily given in writing after a

845

conscientious and sufficient explanation and disclosure of the

846

purpose of the proposed treatment; the common side effects of the

847

treatment, if any; the expected duration of the treatment; and

848

the alternative treatment available. The explanation shall enable

849

the inmate to make a knowing and willful decision without any

850

element of fraud, deceit, or duress or any other form of

851

constraint or coercion.

852

(3) PROCEDURE FOR INVOLUNTARY TREATMENT OF

853

INMATES.--Involuntary mental health treatment of an inmate who

854

refuses treatment that is deemed to be necessary for the

855

appropriate care of the inmate and the safety of the inmate or

856

others may be provided at a mental health treatment facility. an

857

institution authorized to do so by the Assistant Secretary for

858

Health Services under the following circumstances:

859

(a) In an emergency situation in which there is immediate

860

danger to the health and safety of the inmate or other inmates,

861

such treatment may be provided upon the written order of a

862

physician for a period not to exceed 48 hours, excluding weekends

863

and legal holidays. If, after the 48-hour period, the inmate has

864

not given express and informed consent to the treatment initially

865

refused, the warden shall, within 48 hours, excluding weekends

866

and legal holidays, petition the circuit court serving the county

867

in which the facility is located for an order authorizing the

868

continued treatment of the inmate. In the interim, treatment may

869

be continued upon the written order of a physician who has

870

determined that the emergency situation continues to present a

871

danger to the safety of the inmate or others. If an inmate must

872

be isolated for mental health purposes, that decision must be

873

reviewed within 72 hours by medical staff different from that

874

making the original placement.

875

(b) In a situation other than an emergency situation, The

876

warden of the institution containing the mental health treatment

877

facility shall petition the circuit court serving the county in

878

which the mental health treatment facility is located for an

879

order authorizing the treatment of the inmate. The inmate shall

880

be provided with a copy of the petition along with the proposed

881

treatment, the basis for the proposed treatment, the names of the

882

examining experts, and the date, time, and location of the

883

hearing. The inmate may have an attorney represent him or her at

884

the hearing and, if the inmate is indigent, the court shall

885

appoint the office of the public defender or private counsel

886

pursuant to s. 27.40(1) to represent the inmate at the hearing.

887

An attorney representing the inmate shall have access to the

888

inmate and any records, including medical or mental health

889

records, which are relevant to the representation of the inmate.

890

The order shall allow such treatment for a period not to exceed

891

90 days from the date of the order. Unless the court is notified

892

in writing that the inmate has provided express and informed

893

consent in writing, that the inmate has been transferred to

894

another institution of the department, or that the inmate is no

895

longer in need of treatment, the warden shall, prior to the

896

expiration of the initial 90-day order, petition the court for an

897

order authorizing the continuation of treatment for another 90-

898

day period. This procedure shall be repeated until the inmate

899

provides consent or is no longer in need of treatment. Treatment

900

may be continued pending a hearing after the filing of any

901

petition.

902

(4) PROCEDURE FOR THE HEARING ON INVOLUNTARY TREATMENT OF

903

AN INMATE.--

904

(a) The hearing on the petition for involuntary treatment

905

shall be held within 5 days after the petition is filed and the

906

court may appoint a general or special magistrate to preside. The

907

inmate may testify or not, as he or she chooses, may cross-

908

examine witnesses testifying on behalf of the facility, and may

909

present his or her own witnesses. However, the court may waive

910

the presence of the inmate at the hearing if such waiver is

911

consistent with the best interests of the inmate and the inmate's

912

counsel does not object. One of the inmate's physicians whose

913

opinion supported the petition shall appear as a witness at the

914

hearing.

915

(b)(c) At the hearing on the issue of whether the court

916

should authorize treatment for which an inmate has refused to

917

give express and informed consent, the court shall determine by

918

clear and convincing evidence whether the inmate is mentally ill

919

as defined in this chapter; whether such treatment is essential

920

to the care of the inmate; and whether the treatment is

921

experimental or presents an unreasonable risk of serious,

922

hazardous, or irreversible side effects. In arriving at the

923

substitute judgment decision, the court must consider at least

924

the following:

925

1. The inmate's expressed preference regarding treatment;

926

2. The probability of adverse side effects;

927

3. The prognosis for the inmate without treatment; and

928

4. The prognosis for the inmate with treatment.

929

930

The inmate and the inmate's representative shall be provided with

931

a copy of the petition and the date, time, and location of the

932

hearing. The inmate may have an attorney represent him or her at

933

the hearing, and, if the inmate is indigent, the court shall

934

appoint the office of the public defender to represent him or her

935

at the hearing. The inmate may testify or not, as he or she

936

chooses, may cross-examine witnesses testifying on behalf of the

937

facility, and may present his or her own witnesses.

938

939

such treatment for a period not to exceed 90 days following the

940

date of the order. Unless the court is notified in writing that

941

the inmate has provided express and informed consent in writing,

942

that the inmate has been transferred to another institution of

943

the department, or that the inmate is no longer in need of

944

treatment, the warden shall, prior to the expiration of the

945

initial 90-day order, petition the court for an order authorizing

946

the continuation of treatment for another 90-day period. This

947

procedure shall be repeated until the inmate provides express and

948

informed consent or is no longer in need of treatment. Treatment

949

may be continued pending a hearing after the timely filing of any

950

petition.

951

(5) PROCEDURE FOR EMERGENCY TREATMENT.--In an emergency

952

situation in which there is immediate danger to the health and

953

safety of an inmate or other inmates, emergency treatment may be

954

provided at a mental health treatment facility upon the written

955

order of a physician for a period not to exceed 48 hours,

956

excluding weekends and legal holidays. If, after the 48-hour

957

period, the inmate has not given express and informed consent to

958

the treatment initially refused, the warden shall, within 48

959

hours, excluding weekends and legal holidays, petition the

960

circuit court, in accordance with the procedures described in

961

this section, for an order authorizing the continued treatment of

962

the inmate. In the interim, treatment may be continued upon the

963

written order of a physician who has determined that the

964

emergency situation continues to present a danger to the safety

965

of the inmate or others. If an inmate must be isolated for mental

966

health purposes, that decision must be reviewed within 72 hours

967

by a different psychological professional or a physician other

968

than the one making the original placement.

969

(6)(d) EMERGENCY TREATMENT.--In addition to the other above

970

provisions of this section for mental health treatment, when the

971

consent permission of the inmate cannot be obtained, the warden

972

of a mental health treatment facility, or his or her designated

973

representative, with the concurrence of the inmate's attending

974

physician, may authorize emergency surgical or nonpsychiatric

975

medical treatment if such treatment is deemed lifesaving or there

976

is a situation threatening serious bodily harm to the inmate.

977

(3) STATUS OF INMATE.--An inmate receiving mental health

978

treatment shall be subject to the same standards applied to other

979

inmates in the department, including, but not limited to,

980

consideration for parole, release by reason of gain-time

981

allowances as provided for in s. 944.291, and release by

982

expiration of sentence.

983

Section 17. Section 945.49, Florida Statutes, is amended to

984

read:

985

945.49 Operation and administration.--

986

(1) ADMINISTRATION.--The department is authorized to

987

contract with the appropriate entities, agencies, persons, and

988

local governing bodies to provide mental health services pursuant

989

to ss. 945.40-945.49.

990

(2) RULES.--The department, in cooperation with the Mental

991

Health Program Office of the Department of Children and Family

992

Services, shall adopt rules necessary for administration of ss.

993

945.40-945.49 in accordance with chapter 120.

994

(3) ORIENTATION AND TRAINING.--Correctional officers

995

employed by a mental health treatment facility shall receive

996

specialized training above and beyond that required for basic

997

certification pursuant to chapter 943. Such training shall be in

998

accordance with requirements of the Criminal Justice Standards

999

and Training Commission.

1000

(4) STATUS OF INMATE.--An inmate receiving mental health

1001

treatment shall be subject to the same standards applied to other

1002

inmates in the department, including, but not limited to,

1003

consideration for parole, release by reason of gain-time

1004

allowances as provided for in s. 944.291, and release by

1005

expiration of sentence. ADMINISTRATIVE LAW JUDGES.--One or more

1006

administrative law judges shall be assigned by the Division of

1007

Administrative Hearings to conduct hearings for continued

1008

placement.

1009

Section 18. Paragraph (c) of subsection (3) of section

1010

948.01, Florida Statutes, is amended to read:

1011

948.01 When court may place defendant on probation or into

1012

community control.--

1013

(3) If, after considering the provisions of subsection (2)

1014

and the offender's prior record or the seriousness of the

1015

offense, it appears to the court in the case of a felony

1016

disposition that probation is an unsuitable dispositional

1017

alternative to imprisonment, the court may place the offender in

1018

a community control program as provided in s. 948.10. Or, in a

1019

case of prior disposition of a felony commitment, upon motion of

1020

the offender or the department or upon its own motion, the court

1021

may, within the period of its retained jurisdiction following

1022

commitment, suspend the further execution of the disposition and

1023

place the offender in a community control program upon such terms

1024

as the court may require. The court may consult with a local

1025

offender advisory council pursuant to s. 948.90 with respect to

1026

the placement of an offender into community control. Not later

1027

than 3 working days before the hearing on the motion, the

1028

department shall forward to the court all relevant material on

1029

the offender's progress while in custody. If this sentencing

1030

alternative to incarceration is utilized, the court shall:

1031

1032

pursuant to s. 948.10(7).

1033

Section 19. Section 948.10, Florida Statutes, is amended to

1034

read:

1035

948.10 Community control programs.--

1036

(1) The Department of Corrections shall develop and

1037

administer a community control program. Such community control

1038

program and required manuals shall be developed in consultation

1039

with the Florida Conference of Circuit Court Judges and the

1040

office of the State Courts Administrator. This complementary

1041

program shall be rigidly structured and designed to accommodate

1042

offenders who, in the absence of such a program, would have been

1043

incarcerated. The program shall focus on the provision of

1044

sanctions and consequences which are commensurate with the

1045

seriousness of the crime. The program shall offer the courts and

1046

the Parole Commission an alternative, community-based method to

1047

punish an offender in lieu of incarceration when the offender is

1048

a member of one of the following target groups:

1049

(a) Probation violators charged with technical violations

1050

or misdemeanor violations.

1051

(b) Parole violators charged with technical violations or

1052

misdemeanor violations.

1053

1054

criminal backgrounds or the seriousness of the offenses, would

1055

not be placed on regular probation.

1056

(2) An offender may not be placed in community control if:

1057

(a) Convicted of or adjudication withheld for a forcible

1058

felony as defined in s. 776.08, and

1059

(b) Previously convicted of or adjudication withheld for a

1060

forcible felony as defined in s. 776.08.

1061

1062

Nothing in this subsection prohibits placement of certain inmates

1063

on community control pursuant to s. 947.1747. For the purposes of

1064

this subsection, a forcible felony does not include manslaughter

1065

or burglary.

1066

(2)(3) The department shall commit not less than 10 percent

1067

of the parole and probation field staff and supporting resources

1068

to the operation of the community control program. Caseloads

1069

should be restricted to a maximum of 25 cases per officer in

1070

order to ensure an adequate level of staffing. Community control

1071

is an individualized program in which the offender is restricted

1072

to noninstitutional quarters or restricted to his or her own

1073

residence subject to an authorized level of limited freedom.

1074

(4) The department shall develop and implement procedures

1075

to diagnose offenders during the prison intake process in order

1076

to recommend to the sentencing courts, during the period of

1077

retained jurisdiction, suitable candidates for placement in a

1078

program of community control.

1079

(5) The Department of Corrections shall develop, or shall

1080

contract for the development of, an implementation manual, a

1081

resource directory, and training programs for implementing

1082

community control programs.

1083

(a)1. The community control implementation manual shall

1084

include, but shall not be limited to, an explanation of the types

1085

of offenders who should be placed in community control programs,

1086

procedures for diagnosing offenders, objectives and goals of such

1087

placements, examples of alternative placements based upon the

1088

experience of other states, and instruction in developing an

1089

individualized program for each offender.

1090

2. An offender's individualized program shall include

1091

diagnosis of treatment needs in the areas of education, substance

1092

abuse, and mental health, as well as community sanction

1093

provisions, restitution and community service provisions,

1094

rehabilitation objectives and programs, and a schedule for

1095

periodic review and reevaluation of such individualized programs.

1096

Individualized programs for offenders who committed controlled

1097

substance violations shall include provision for the conduct of

1098

random substance abuse testing intermittently throughout the term

1099

of supervision, upon the direction of the correctional probation

1100

officer as defined in s. 943.10(3).

1101

(b) The community control resource directory shall include,

1102

but shall not be limited to, for each circuit in the state, an

1103

identification and description of community resources that are

1104

available for the implementation of community control programs,

1105

which resources include the following:

1106

1. The name, address, phone, county location, capacity, and

1107

cost.

1108

2. Client eligibility and characteristics which prohibit

1109

acceptance.

1110

3. The objectives of the program.

1111

4. The primary source of referrals.

1112

5. The average length of stay.

1113

6. The services offered.

1114

1115

field staff, local offender advisory councils, and others

1116

responsible for the implementation of community control programs.

1117

(6) The Florida Court Education Council and the office of

1118

the State Courts Administrator shall coordinate the development

1119

and implementation of a reference manual, directory, and training

1120

programs for judges in relation to community control disposition.

1121

(7) Upon written request, when an offender is placed on

1122

community control, the department shall notify:

1123

(a) The original arresting law enforcement agency.

1124

(b) The sheriff or chief law enforcement officer of the

1125

county in which the offender is to be placed.

1126

1127

within whose jurisdiction the offender is to be placed.

1128

(d) The victim of the offense, the victim's parent or

1129

guardian if the victim is a minor, the lawful representative of

1130

the victim or the victim's parent or guardian if the victim is a

1131

minor, or the next of kin if the victim is a homicide victim.

1132

1133

Such notification shall include the name and street address of

1134

the offender, the length of supervision, and the nature of the

1135

offense. Update notification must be provided with respect to

1136

violation of the terms or conditions of the placement.

1137

(8) If an offender is sentenced to community control by the

1138

court and the offender is ineligible to be placed on community

1139

control as provided in subsection (2), the department shall:

1140

(a) Review and verify whether an ineligible offender was

1141

placed on community control.

1142

(b) Within 30 days after receipt of the order, notify the

1143

sentencing judge, the state attorney, and the Attorney General

1144

that the offender was ineligible for placement on community

1145

control.

1146

1147

state attorney of each circuit citing the number of ineligible

1148

offenders placed on community control within that circuit.

1149

(d) Provide an annual report to the Governor, the President

1150

of the Senate, the Speaker of the House of Representatives, and

1151

the Chief Justice of the Supreme Court on the placement of

1152

ineligible offenders on community control in order to assist in

1153

preparing judicial education programs or for any other purpose.

1154

(3)(9) Procedures governing violations of community control

1155

shall be the same as those described in s. 948.06 with respect to

1156

probation.

1157

(4)(10) Upon completion of the sanctions imposed in the

1158

community control plan before the expiration of the term ordered

1159

by the court, the department may petition the court to discharge

1160

the offender from community control supervision or to return the

1161

offender to a program of regular probation supervision. In

1162

considering the petition, the court should recognize the limited

1163

staff resources committed to the community control program, the

1164

purpose of the program, and the offender's successful compliance

1165

with the conditions set forth in the order of the court.

1166

(11) The Department of Corrections shall:

1167

(a) Develop and maintain a weighted statewide caseload

1168

equalization strategy designed to ensure that high-risk offenders

1169

receive the highest level of supervision; and

1170

(b) Develop and implement a supervision risk assessment

1171

instrument for the community control population which is similar

1172

to the probation risk assessment instrument established by the

1173

National Institute of Justice.

1174

(5)(12) In its annual report to the Governor, the President

1175

of the Senate, and the Speaker of the House of Representatives

1176

under s. 20.315(5), the department shall include a detailed

1177

analysis of the community control program and the department's

1178

specific efforts to protect the public from offenders placed on

1179

community control. The analysis must include, but need not be

1180

limited to, specific information on the department's ability to

1181

meet minimum officer-to-offender contact standards, the number of

1182

crimes committed by offenders on community control, and the level

1183

of community supervision provided.

1184

Section 20. Subsections (1) and (2) of section 958.04,

1185

Florida Statutes, are amended to read:

1186

958.04 Judicial disposition of youthful offenders.--

1187

(1) The court may sentence as a youthful offender any

1188

person:

1189

(a) Who is at least 18 years of age or who has been

1190

transferred for prosecution to the criminal division of the

1191

circuit court pursuant to chapter 985;

1192

(b) Who is found guilty of or who has tendered, and the

1193

court has accepted, a plea of nolo contendere or guilty to a

1194

crime that which is, under the laws of this state, a felony if

1195

the offender is younger than 21 years of age at the time sentence

1196

is imposed such crime was committed before the defendant's 21st

1197

birthday; and

1198

1199

offender under the provisions of this act; however, a no person

1200

who has been found guilty of a capital or life felony may not be

1201

sentenced as a youthful offender under this act.

1202

(2) In lieu of other criminal penalties authorized by law

1203

and notwithstanding any imposition of consecutive sentences, the

1204

court shall dispose of the criminal case as follows:

1205

(a) The court may place a youthful offender under

1206

supervision on probation or in a community control program, with

1207

or without an adjudication of guilt, under such conditions as the

1208

court may lawfully impose for a period of not more than 6 years.

1209

Such period of supervision may shall not exceed the maximum

1210

sentence for the offense for which the youthful offender was

1211

found guilty.

1212

(b) The court may impose a period of incarceration as a

1213

condition of probation or community control, which period of

1214

incarceration shall be served in either a county facility, a

1215

department probation and restitution center, or a community

1216

residential facility that which is owned and operated by any

1217

public or private entity providing such services. A No youthful

1218

offender may not be required to serve a period of incarceration

1219

in a community correctional center as defined in s. 944.026.

1220

Admission to a department facility or center shall be contingent

1221

upon the availability of bed space and shall take into account

1222

the purpose and function of such facility or center. Placement in

1223

such a facility or center may shall not exceed 364 days.

1224

1225

youthful offender is to be placed on probation or community

1226

control upon completion of any specified period of incarceration;

1227

however, if the incarceration period is to be served in a

1228

department facility other than a probation and restitution center

1229

or community residential facility, such period shall be for not

1230

less than 1 year or more than 4 years. The period of probation or

1231

community control shall commence immediately upon the release of

1232

the youthful offender from incarceration. The period of

1233

incarceration imposed or served and the period of probation or

1234

community control, when added together, may shall not exceed 6

1235

years.

1236

(d) The court may commit the youthful offender to the

1237

custody of the department for a period of not more than 6 years,

1238

provided that any such commitment may shall not exceed the

1239

maximum sentence for the offense for which the youthful offender

1240

has been convicted. Successful participation in the youthful

1241

offender program by an offender who is sentenced as a youthful

1242

offender by the court pursuant to this section, or is classified

1243

as such by the department, may result in a recommendation to the

1244

court, by the department, for a modification or early termination

1245

of probation, community control, or the sentence at any time

1246

prior to the scheduled expiration of such term. The department

1247

shall adopt rules defining criteria for successful participation

1248

in the youthful offender program which shall include program

1249

participation, academic and vocational training, and satisfactory

1250

adjustment. When a modification of the sentence results in the

1251

reduction of a term of incarceration, the court may impose a term

1252

of probation or community control which, when added to the term

1253

of incarceration, may shall not exceed the original sentence

1254

imposed.

1255

Section 21. Section 958.11, Florida Statutes, is amended to

1256

read:

1257

958.11 Designation of institutions and programs for

1258

youthful offenders; assignment from youthful offender

1259

institutions and programs.--

1260

(1) The department shall by rule designate separate

1261

institutions and programs for youthful offenders and shall employ

1262

and utilize personnel specially qualified by training and

1263

experience to operate all such institutions and programs for

1264

youthful offenders. Youthful offenders who are at least 14 years

1265

of age but who have not yet reached the age of 19 years at the

1266

time of reception shall be separated from youthful offenders who

1267

are 19 years of age or older, except that if the population of

1268

the facilities designated for 14-year-old to 18-year-old youthful

1269

offenders exceeds 100 percent of lawful capacity, the department

1270

may assign 18-year-old youthful offenders to the 19-24 age group

1271

facility.

1272

(2) Youthful offender institutions and programs shall

1273

contain only those youthful offenders sentenced as such by a

1274

court or classified as such by the department, pursuant to the

1275

requirements of subsections (4) and (6), except that under

1276

special circumstances select adult offenders may be assigned to

1277

youthful offender institutions. Female youthful offenders of all

1278

ages may continue to be housed together at those institutions

1279

designated by department rule Florida Correctional Institution

1280

and Broward Correctional Institution until such time as

1281

institutions for a female youthful offenders are offender

1282

institution is established or adapted to allow for separation by

1283

age and to accommodate all custody classifications.

1284

(3) The department may assign a youthful offender to a

1285

facility in the state correctional system which is not designated

1286

for the care, custody, control, and supervision of youthful

1287

offenders or an age group only in the following circumstances:

1288

(a) If the youthful offender is convicted of a new crime

1289

which is a felony under the laws of this state.

1290

(b) If the youthful offender becomes such a serious

1291

management or disciplinary problem resulting from serious

1292

violations of the rules of the department that his or her

1293

original assignment would be detrimental to the interests of the

1294

program and to other inmates committed thereto.

1295

1296

health services, or other specialized treatment otherwise not

1297

available at the youthful offender facility.

1298

(d) If the department determines that the youthful offender

1299

should be transferred outside of the state correctional system,

1300

as provided by law, for services not provided by the department.

1301

(e) If bed space is not available in a designated community

1302

residential facility, the department may assign a youthful

1303

offender to a community residential facility, provided that the

1304

youthful offender is separated from other offenders insofar as is

1305

practical.

1306

(f) If the youthful offender was originally assigned to a

1307

facility designated for 14-year-old to 18-year-old youthful

1308

offenders, but subsequently reaches the age of 19 years, the

1309

department may retain the youthful offender in the facility if

1310

the department determines that it is in the best interest of the

1311

youthful offender and the department.

1312

(g) If the department determines that a youthful offender

1313

originally assigned to a facility designated for the 19-24 age

1314

group is mentally or physically vulnerable by such placement, the

1315

department may reassign a youthful offender to a facility

1316

designated for the 14-18 age group if the department determines

1317

that a reassignment is necessary to protect the safety of the

1318

youthful offender or the institution.

1319

(h) If the department determines that a youthful offender

1320

originally assigned to a facility designated for the 14-18 age

1321

group is disruptive, incorrigible, or uncontrollable, the

1322

department may reassign a youthful offender to a facility

1323

designated for the 19-24 age group if the department determines

1324

that a reassignment would best serve the interests of the

1325

youthful offender and the department.

1326

(4) The department Office of the Assistant Secretary for

1327

Youthful Offenders shall continuously screen all institutions,

1328

facilities, and programs for any inmate who meets the eligibility

1329

requirements for youthful offender designation specified in s.

1330

958.04(1)(a) and (c) whose age does not exceed 24 years and whose

1331

total length of sentence does not exceed 10 years, and the

1332

department may classify and assign as a youthful offender any

1333

inmate who meets the criteria of this subsection.

1334

(5) The department Population Movement and Control

1335

Coordinator shall coordinate all youthful offender assignments or

1336

transfers and shall consult with the Office of the Assistant

1337

Secretary for Youthful Offenders. The Office of the Assistant

1338

Secretary for Youthful Offenders shall review and maintain access

1339

to full and complete documentation and substantiation of all such

1340

assignments or transfers of youthful offenders to or from

1341

facilities in the state correctional system which are not

1342

designated for their care, custody, and control, except

1343

assignments or transfers made pursuant to paragraph (3)(c).

1344

(6) The department may assign to a youthful offender

1345

facility any inmate, except a capital or life felon, whose age

1346

does not exceed 19 years but who does not otherwise meet the

1347

criteria of this section, if the department Assistant Secretary

1348

for Youthful Offenders determines that such inmate's mental or

1349

physical vulnerability would substantially or materially

1350

jeopardize his or her safety in a nonyouthful offender facility.

1351

Assignments made under this subsection shall be included in the

1352

department's annual report.

1353

Section 22. Section 958.12, Florida Statutes, is amended to

1354

read:

1355

958.12 Participation in certain activities required.--

1356

(1) A youthful offender shall be required to participate in

1357

work assignments, and in career, academic, counseling, and other

1358

rehabilitative programs in accordance with this section,

1359

including, but not limited to:

1360

(a) All youthful offenders may be required, as appropriate,

1361

to participate in:

1362

1. Reception and orientation.

1363

2. Evaluation, needs assessment, and classification.

1364

3. Educational programs.

1365

4. Career and job training.

1366

5. Life and socialization skills training, including

1367

anger/aggression control.

1368

6. Prerelease orientation and planning.

1369

7. Appropriate transition services.

1370

(b) In addition to the requirements in paragraph (a), the

1371

department shall make available:

1372

1. Religious services and counseling.

1373

2. Social services.

1374

3. Substance abuse treatment and counseling.

1375

4. Psychological and psychiatric services.

1376

5. Library services.

1377

6. Medical and dental health care.

1378

7. Athletic, recreational, and leisure time activities.

1379

8. Mail and visiting privileges.

1380

1381

Income derived by a youthful offender from participation in such

1382

activities may be used, in part, to defray a portion of the costs

1383

of his or her incarceration or supervision; to satisfy

1384

preexisting obligations; to pay fines, counseling fees, or other

1385

costs lawfully imposed; or to pay restitution to the victim of

1386

the crime for which the youthful offender has been convicted in

1387

an amount determined by the sentencing court. Any such income not

1388

used for such reasons or not used as provided in s. 946.513 or s.

1389

958.09 shall be placed in a bank account for use by the youthful

1390

offender upon his or her release.

1391

(2) A comprehensive transition and postrelease plan shall

1392

be developed for the youthful offender by a team consisting of a

1393

transition assistance officer, a classification officer, an

1394

educational representative, a health services administrator, a

1395

probation and parole officer, and the youthful offender.

1396

(3) A youthful offender shall be visited by a probation and

1397

parole officer prior to the offender's release from incarceration

1398

in order to assist in the youthful offender's transition.

1399

(3)(4) Community partnerships shall be developed by the

1400

department to provide postrelease community resources. The

1401

department shall develop partnerships with entities that which

1402

include, but are not limited to, state agencies the Department of

1403

Labor and Employment Security, the Department of Children and

1404

Family Services, community health agencies, private agencies, and

1405

school systems.

1406

(4)(5) If supervision of the youthful offender after

1407

release from incarceration is required, this and may be

1408

accomplished in a residential or nonresidential program or,

1409

intensive day treatment, or through supervision by a correctional

1410

probation and parole officer.

1411

Section 23. This act shall take effect October 1, 2008.

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