1

A bill to be entitled

2

An act relating to the Department of Corrections; amending

3

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

4

circumstances under which an offender may be placed in

5

community control; amending s. 940.061, F.S.; specifying

6

that the Department of Corrections meets its statutory

7

obligation to assist released offenders with completing

8

the application for the restoration of civil rights by

9

sending an electronic list to the Parole Commission each

10

month of those inmates and offenders who were released

11

from incarceration or terminated from supervision during

12

the preceding month; amending s. 943.16, F.S.; eliminating

13

provisions requiring that a law enforcement officer

14

reimburse the employing agency for wages and benefits paid

15

by the employing agency if the officer terminates

16

employment before the end of a 2-year commitment period;

17

eliminating wages and benefits from the costs that

18

employing agencies may recover; eliminating the definition

19

of the term "academy training period"; amending s.

20

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

21

offender sentenced to death to a facility for youthful

22

offenders until the offender reaches a specified age;

23

deleting provisions requiring that certain offenders

24

younger than 18 years of age be housed and provided

25

certain services separately from older offenders or placed

26

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

27

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

28

its statutory obligation to assist released offenders with

29

completing the application for the restoration of civil

30

rights by sending an electronic list to the Parole

31

Commission each month of those inmates and offenders who

32

were released from incarceration or terminated from

33

supervision during the preceding month; amending s.

34

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

35

portable communication device that is introduced inside

36

the secure perimeter of a state correctional institution

37

without prior authorization is contraband; prohibiting an

38

inmate or other person upon the grounds of the institution

39

from possessing such contraband without authorization;

40

providing a definition; providing criminal penalties;

41

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

42

the Department of Corrections contract with the Department

43

of Children and Family Services to provide certain mental

44

health services; authorizing the Department of Corrections

45

to contract with other entities or persons to provide

46

mental health services to inmates; amending s. 945.42,

47

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

48

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

49

the procedures for placing an inmate in a mental health

50

treatment facility; authorizing the court to waive the

51

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

52

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

53

emergency placement of an inmate in a mental health

54

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

55

provisions governing the continued placement of an inmate

56

in a mental health treatment facility; providing that the

57

administrative law judge may waive the presence of the

58

inmate at the hearing under certain conditions; amending

59

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

60

procedures for the involuntary examination of an inmate

61

who has a mental illness and meets certain criteria;

62

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

63

inmate who is no longer in need of mental health

64

treatment; deleting certain provisions governing

65

involuntary placement; requiring that a summary of the

66

inmate's treatment be provided to the Parole Commission

67

and the Department of Children and Family Services upon

68

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

69

for the involuntary mental health treatment of an inmate;

70

providing for the warden of the institution containing the

71

mental health treatment facility to petition the circuit

72

court for an order authorizing involuntary treatment;

73

providing requirements for the hearing on involuntary

74

treatment; limiting the period that an order authorizing

75

involuntary treatment is effective; providing a procedure

76

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

77

deleting a provision requiring that training provided to

78

correctional officers employed by a mental health

79

treatment facility be in accordance with the requirements

80

of the Criminal Justice Standards and Training Commission;

81

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

82

limiting circumstances under which an offender may be

83

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

84

deleting a requirement that community control programs and

85

manuals be developed in consultation with the Florida

86

Conference of Circuit Court Judges and the State Courts

87

Administrator; deleting requirements for the department in

88

developing and implementing community control programs,

89

resource directories, and training programs; deleting a

90

requirement for the Florida Court Education Council and

91

the State Courts Administrator to coordinate certain

92

resources for judges pertaining to community control;

93

eliminating provisions governing review and notice by the

94

department of offenders ineligible for community control

95

and requiring the department to develop a caseload

96

equalization strategy; amending s. 958.04, F.S.;

97

authorizing the court to sentence a person as a youthful

98

offender if the offender is younger than 21 years of age

99

at the time sentence is imposed; requiring the Department

100

of Corrections to adopt by rule criteria to define

101

successful participation in the youthful offender program;

102

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

103

designation of youthful offender facilities for housing

104

female offenders; revising requirements for the department

105

with respect to assigning or transferring youthful

106

offenders; removing references to the Assistant Secretary

107

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

108

the requirement for a youthful offender to be visited by a

109

probation and parole officer before release; removing the

110

requirement for the department to develop community

111

partnerships with the Department of Labor and Employment

112

Security and the Department of Children and Family

113

Services; providing an effective date.

114

115

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

116

117

     Section 1.  Subsections (2), (3), and (4) of section

118

921.187, Florida Statutes, are amended to read:

119

     921.187  Disposition and sentencing; alternatives;

120

restitution.--

121

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

122

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

123

felony as defined in s. 776.08; and

124

     (b) Previously convicted of or adjudication was withheld

125

for a forcible felony as defined in s. 776.08.

126

127

Nothing in this subsection prohibits placement of certain inmates

128

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

129

this subsection, a forcible felony does not include manslaughter

130

or burglary.

131

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

132

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

133

is convicted of criminal transmission of HIV pursuant to s.

134

775.0877, the court may sentence the offender to criminal

135

quarantine community control as described in s. 948.001.

136

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

137

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

138

compelling reasons not to order such restitution. If the court

139

does not order restitution, or orders restitution of only a

140

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

141

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

142

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

143

775.089 does not remove or diminish the requirement that the

144

court order payment to the Crimes Compensation Trust Fund under

145

chapter 960.

146

     Section 2.  Section 940.061, Florida Statutes, is amended to

147

read:

148

     940.061  Informing persons about executive clemency and

149

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

150

inform and educate inmates and offenders on community supervision

151

about the restoration of civil rights and assist eligible inmates

152

and offenders on community supervision with the completion of the

153

application for the restoration of civil rights. The department

154

may meet its obligation to assist inmates and offenders with

155

completing the application for the restoration of civil rights by

156

electronically providing to the Parole Commission each month a

157

list of inmates who were released from incarceration and

158

offenders who were terminated from supervision during the

159

preceding month.

160

     Section 3.  Section 943.16, Florida Statutes, is amended to

161

read:

162

     943.16  Payment of tuition or officer certification

163

examination fee by employing agency; reimbursement of tuition,

164

other course expenses, wages, and benefits.--

165

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

166

tuition of a trainee in attendance at an approved basic recruit

167

training program.

168

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

169

at the expense of an employing agency must remain in the

170

employment or appointment of such employing agency for a period

171

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

172

training program. If employment or appointment is terminated on

173

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

174

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

175

tuition and, other course expenses, and additional amounts as

176

provided in paragraph (b).

177

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

178

tuition and other course expenses, a trainee terminating

179

employment as provided in paragraph (a) shall reimburse the

180

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

181

employing agency during the academy training period according to

182

the following schedule:

183

     1. For a trainee terminating employment within 6 months of

184

graduation from the basic recruit training program, the full

185

amount of wages and benefits paid during the academy training

186

period.

187

     2. For a trainee terminating employment within 6 months and

188

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

189

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

190

wages and benefits paid during the academy training period.

191

     3. For a trainee terminating employment within 12 months

192

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

193

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

194

of wages and benefits paid during the academy training period.

195

     4. For a trainee terminating employment within 18 months

196

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

197

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

198

amount of wages and benefits paid during the academy training

199

period.

200

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

201

fee for an applicant to take the officer certification

202

examination on one occasion.

203

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

204

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

205

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

206

provided that the employing agency gave written notification to

207

the trainee of the 2-year employment commitment during the

208

employment screening process. The trainee shall return signed

209

acknowledgment of receipt of such notification.

210

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

211

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

212

basic recruit training program in a law enforcement or

213

correctional officer academy class for purposes of obtaining

214

certification pursuant to this chapter, until the date of

215

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

216

includes the cost of meals.

217

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

218

employment with the employing agency and resign their

219

certification upon termination in order to obtain employment for

220

which certification under this chapter is not required. Further,

221

this section does not apply to trainees attending auxiliary

222

officer training.

223

     (7)  Notwithstanding the provisions of this section, an

224

employing agency may waive a trainee's requirement of

225

reimbursement in part or in full when the trainee terminates

226

employment due to hardship or extenuating circumstances.

227

     Section 4.  Subsection (5) of section 944.1905, Florida

228

Statutes, is amended to read:

229

     944.1905  Initial inmate classification; inmate

230

reclassification.--The Department of Corrections shall classify

231

inmates pursuant to an objective classification scheme. The

232

initial inmate classification questionnaire and the inmate

233

reclassification questionnaire must cover both aggravating and

234

mitigating factors.

235

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

236

the department shall assign to facilities housing youthful

237

offenders specific correctional facilities all inmates who are

238

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

239

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

240

with the exception of those who have received a sentence of

241

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

242

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

243

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

244

facility for youthful offenders until the inmate is 21 years of

245

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

246

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

247

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

248

any food service, education, and recreation for such inmate

249

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

250

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

251

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

252

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

253

prior juvenile adjudication must be placed in a facility for

254

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

255

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

256

facility for youthful offenders until the inmate is 21 years of

257

age.

258

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

259

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

260

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

261

reassigned to the general inmate population if his or her

262

behavior threatens the safety of other inmates or correctional

263

staff.

264

     Section 5.  Section 944.293, Florida Statutes, is amended to

265

read:

266

     944.293  Initiation of restoration of civil rights.--With

267

respect to those persons convicted of a felony, the following

268

procedure shall apply: Prior to the time an offender is

269

discharged from supervision, an authorized agent of the

270

department shall obtain from the Governor the necessary

271

application and other forms required for the restoration of civil

272

rights. The authorized agent shall assist the offender in

273

completing these forms and shall ensure that the application and

274

all necessary material are forwarded to the Governor before the

275

offender is discharged from supervision. The department may meet

276

its obligation to assist offenders in completing the application

277

for the restoration of civil rights by electronically providing

278

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

279

released from incarceration or terminated from supervision during

280

the preceding month.

281

     Section 6.  Section 944.47, Florida Statutes, is amended to

282

read:

283

     944.47  Introduction, removal, or possession of certain

284

articles unlawful; penalty.--

285

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

286

officer in charge of the correctional institution, it is unlawful

287

to introduce into or upon the grounds of any state correctional

288

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

289

send therefrom, any of the following articles which are hereby

290

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

291

wit:

292

     1.  Any written or recorded communication or any currency or

293

coin given or transmitted, or intended to be given or

294

transmitted, to any inmate of any state correctional institution.

295

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

296

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

297

correctional institution.

298

     3.  Any intoxicating beverage or beverage which causes or

299

may cause an intoxicating effect.

300

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

301

any prescription or nonprescription drug having a hypnotic,

302

stimulating, or depressing effect.

303

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

304

substance.

305

     6. Any cellular telephone or other portable communication

306

device intentionally and unlawfully introduced inside the secure

307

perimeter of any state correctional institution without prior

308

authorization or consent from the officer in charge of such

309

correctional institution. As used in this subparagraph, the term

310

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

311

or stored which is designed or intended to receive or transmit

312

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

313

electronically to the Internet or any other electronic device,

314

and which allows communications in any form. Such devices

315

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

316

held radios, cellular telephones, Blackberry-type devices,

317

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

318

components of these devices which are intended to be used to

319

assemble such devices. The term also includes any new technology

320

that is developed for similar purposes. Excluded from this

321

definition is any device having communication capabilities which

322

has been approved or issued by the department for investigative

323

or institutional security purposes or for conducting other state

324

business.

325

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

326

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

327

any inmate of any state correctional institution any article or

328

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

329

which is outside the grounds of such institution, except through

330

regular channels as authorized by the officer in charge of such

331

correctional institution.

332

     (c)  It is unlawful for any inmate of any state correctional

333

institution or any person while upon the grounds of any state

334

correctional institution to be in actual or constructive

335

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

336

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

337

correctional institution.

338

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

339

it pertains to an article of contraband described in subparagraph

340

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

341

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

342

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

343

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

344

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

345

775.082, s. 775.083, or s. 775.084.

346

     Section 7.  Subsections (1) and (5) of section 945.41,

347

Florida Statutes, are amended to read:

348

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

349

intent of the Legislature that mentally ill inmates in the

350

custody of the Department of Corrections receive evaluation and

351

appropriate treatment for their mental illness through a

352

continuum of services. It is further the intent of the

353

Legislature that:

354

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

355

mental illnesses that require hospitalization and intensive

356

psychiatric inpatient treatment or care receive appropriate

357

treatment or care in Department of Corrections mental health

358

treatment facilities designated for that purpose. The department

359

shall contract with the Department of Children and Family

360

Services for the provision of mental health services in any

361

departmental mental health treatment facility. The Department of

362

Corrections shall provide mental health services to inmates

363

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

364

agencies qualified to provide such services.

365

     (5)  The department may designate a mental health treatment

366

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

367

contract with other appropriate entities, persons, or agencies

368

for such services.

369

     Section 8.  Section 945.42, Florida Statutes, is amended to

370

read:

371

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

372

945.40-945.49, the following terms shall have the meanings

373

ascribed to them, unless the context shall clearly indicate

374

otherwise:

375

     (1)  "Court" means the circuit court.

376

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

377

is less restrictive and intense than care provided in a mental

378

health treatment facility, that includes a broad range of

379

evaluation and treatment services provided within a highly

380

structured setting or locked residential setting, and that is

381

intended for inmates who are experiencing acute emotional

382

distress and who cannot be adequately evaluated and treated in a

383

transitional care unit or infirmary isolation management room.

384

Such treatment is also more intense than treatment provided in a

385

transitional care unit and is devoted principally toward rapid

386

stabilization of acute symptoms and conditions.

387

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

388

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

389

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

390

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

391

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

392

appropriately cared for in the institution where he or she the

393

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

394

restrictive and secure housing environment, because of the

395

apparent mental illness:

396

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

397

himself or herself and without immediate treatment intervention,

398

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

399

and such refusal the alleged mental illness poses an immediate,

400

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

401

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

402

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

403

inmate will inflict serious bodily harm on himself or herself or

404

another person, as evidenced by recent behavior involving

405

causing, attempting, or threatening such harm;

406

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

407

treatment at a mental health treatment facility after sufficient

408

and conscientious explanation and disclosure of the purpose of

409

placement; or

410

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

411

whether placement is necessary; and

412

     (c) All available less restrictive treatment alternatives

413

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

414

condition have been clinically determined to be inappropriate.

415

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

416

has a mental illness for which inpatient services in a mental

417

health treatment facility are necessary and that, but for being

418

isolated in a more restrictive and secure housing environment,

419

because of the which mental illness:

420

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

421

himself or herself, without treatment is likely to continue to

422

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

423

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

424

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

425

     2. There is a substantial likelihood that in the near

426

future the inmate will inflict serious bodily harm on himself or

427

herself or another person, as evidenced by recent behavior

428

causing, attempting, or threatening such harm;

429

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

430

treatment at a mental health treatment facility after sufficient

431

and conscientious explanation and disclosure of the purpose of

432

placement; or

433

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

434

whether placement is necessary; and

435

     (c) All available less restrictive treatment alternatives

436

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

437

condition have been clinically determined to be inappropriate.

438

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

439

of the Department of Corrections.

440

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

441

Corrections Mental Health Institution and any extended treatment

442

or hospitalization-level unit within the corrections system which

443

other institution that the Assistant Secretary for Health

444

Services of the department specifically designates by rule to

445

provide acute psychiatric care and which may include involuntary

446

treatment and therapeutic intervention at the hospital level, in

447

contrast to less intensive levels of care such as outpatient

448

mental health care, transitional mental health care, or crisis

449

stabilization care.

450

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

451

emotional processes, of the ability to exercise conscious control

452

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

453

reality or to understand, which impairment substantially

454

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

455

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

456

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

457

the term does not include retardation or developmental disability

458

as defined in chapter 393, simple intoxication, or conditions

459

manifested only by antisocial behavior or substance abuse drug

460

addiction. However, an individual who is mentally retarded or

461

developmentally disabled may also have a mental illness.

462

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

463

licensed pursuant to chapter 458 or chapter 459 who has primarily

464

diagnosed and treated nervous and mental disorders for a period

465

of not less than 3 years inclusive of psychiatric residency.

466

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

467

a behavioral practitioner who has an approved doctoral degree in

468

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

469

department that is primarily clinical in nature from a university

470

or professional graduate school that is state-authorized or

471

accredited by an accrediting agency approved by the United States

472

Department of Education and who is professionally certified by

473

the appropriate professional psychology association or who is

474

licensed as a psychologist pursuant to chapter 490.

475

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

476

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

477

care that is more intensive than outpatient care, but less

478

intensive than crisis stabilization care, and is characterized by

479

the provision of traditional mental health treatments such as

480

group and individual therapy, activity therapy, recreational

481

therapy, and psychotropic medications chemotherapy, in the

482

context of a structured residential setting. Transitional mental

483

health care is indicated for a person with chronic or residual

484

symptomatology who does not require crisis stabilization care or

485

acute psychiatric care at the hospital level, but whose

486

impairment impairments in functioning nevertheless renders render

487

him or her incapable of adjusting satisfactorily within the

488

general inmate population, even with the assistance of outpatient

489

care.

490

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

491

facility or his or her designee.

492

     Section 9.  Section 945.43, Florida Statutes, is amended to

493

read:

494

     945.43  Admission of inmate to mental health treatment

495

facility.--

496

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

497

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

498

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

499

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

500

TREATMENT FACILITY.--

501

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

502

facility after notice and hearing, upon the recommendation of the

503

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

504

director. The recommendation shall be entered on a petition

505

certificate and must be supported by the expert opinion of a

506

psychiatrist and the second opinion of a psychiatrist or

507

psychological professional psychologist. The petition certificate

508

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

509

located and shall serve as a petition for a hearing regarding

510

placement.

511

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

512

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

513

the inmate's representatives, accompanied by:

514

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

515

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

516

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

517

she has previously waived such a hearing.

518

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

519

signature of the inmate or the inmate's representative for

520

completion.

521

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

522

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

523

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

524

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

525

representative may apply immediately to the court to have an

526

attorney appointed if the inmate cannot afford one.

527

     (c) The petition for placement may be filed in the county

528

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

529

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

530

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

531

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

532

the hearing.

533

     (d) An attorney representing the inmate shall have access

534

to the inmate and any records, including medical or mental health

535

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

536

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

537

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

538

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

539

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

540

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

541

However, the inmate may be immediately transferred to and

542

admitted at a mental health treatment facility by executing a

543

waiver of the hearing by express and informed consent, without

544

awaiting the court order. The court shall authorize the mental

545

health treatment facility to retain the inmate for up to 6

546

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

547

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

548

Administrative Hearings in accordance with s. 945.45 court for an

549

order authorizing continued placement.

550

     (3) PROCEDURE FOR HEARING ON PLACEMENT TRANSFER OF AN

551

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

552

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

553

representative files a petition for a hearing after having waived

554

it,

555

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

556

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

557

allegedly mentally ill inmate. The notice must shall specify the

558

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

559

allegation of mental illness; and the names of the examining

560

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

561

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

562

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

563

waiver is consistent with the best interests of the inmate and

564

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

565

informal as is consistent with orderly procedure. One of the

566

experts whose opinion supported the petition for placement

567

recommendation shall be present at the hearing for information

568

purposes.

569

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

570

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

571

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

572

transferred to a mental health treatment facility and provided

573

appropriate treatment. The court shall provide a copy of its

574

order authorizing placement transfer and all supporting

575

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

576

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

577

mentally ill, it shall dismiss the petition for placement

578

transfer.

579

     (4) REFUSAL OF PLACEMENT ADMISSION; WHEN REFUSAL

580

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

581

treatment facility is located may refuse to place admit any

582

inmate in that treatment facility who is not accompanied by

583

adequate court orders and documentation, as required in ss.

584

945.40-945.49.

585

     Section 10.  Section 945.44, Florida Statutes, is amended to

586

read:

587

     945.44 Emergency placement admission of inmate in a to

588

mental health treatment facility.--

589

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

590

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

591

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

592

945.42(5).

593

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

594

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

595

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

596

is confined may be placed in admitted to a mental health

597

treatment facility on an emergency basis. The inmate may be

598

placed transferred immediately in a mental health treatment to

599

the facility and shall be accompanied by the recommendation of

600

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

601

recommendation must shall state the need for the emergency

602

placement transfer and shall include a written opinion of a

603

physician verifying the need for the emergency placement

604

transfer. Upon the emergency placement the admission of the

605

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

606

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

607

warden shall initiate proceedings for placement of the inmate, as

608

described in s. 945.43(2).

609

     Section 11.  Section 945.45, Florida Statutes, is amended to

610

read:

611

     945.45 Procedure for Continued placement of inmates in a

612

mental health treatment facility.--

613

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

614

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

615

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

616

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

617

MENTAL HEALTH TREATMENT FACILITY.--

618

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

619

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

620

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

621

petition with the Division of Administrative Hearings for request

622

an order authorizing continued placement. The petition must This

623

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

624

physician justifying the petition request and providing a brief

625

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

626

been placed. In addition, the warden shall submit an

627

individualized plan for the inmate for whom he or she is

628

requesting continued placement. The inmate may remain in a mental

629

health treatment facility pending a hearing after the timely

630

filing of the petition.

631

     (b) Notification of this request for retention shall be

632

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

633

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

634

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

635

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

636

and shall state that the inmate is entitled to an administrative

637

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

638

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

639

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

640

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

641

criteria for continued placement, he or she will be transferred

642

out of the mental health treatment facility to another facility

643

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

644

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

645

waiver within 15 days, the administrative law judge shall notice

646

a hearing with regard to the inmate involved in accordance with

647

ss. 120.569 and 120.57(1).

648

     (3) PROCEDURE FOR HEARING ON CONTINUED PLACEMENT OF AN

649

INMATE IN A MENTAL HEALTH TREATMENT FACILITY.--

650

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

651

of an inmate in a mental health treatment facility is an

652

administrative hearing and shall be conducted in accordance with

653

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

654

administrative law judge is final and subject to judicial review

655

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

656

be assigned by the Division of Administrative Hearings to conduct

657

hearings for continued placement.

658

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

659

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

660

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

661

object.

662

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

663

administrative law judge finds that the inmate no longer meets

664

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

665

the inmate be transferred out of the mental health treatment

666

facility to another facility of the department.

667

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

668

administrative law judge finds that the inmate is in need of

669

continued placement treatment, the administrative law judge shall

670

enter an order authorizing such continued placement treatment for

671

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

672

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

673

that the inmate is retained in the mental health treatment

674

facility.

675

     (4) Hearings on requests for orders authorizing continued

676

placement filed in accordance with this section shall be

677

conducted in accordance with the provisions of ss. 120.569 and

678

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

679

law judge shall be final and subject to judicial review in

680

accordance with s. 120.68.

681

     Section 12.  Section 945.46, Florida Statutes, is amended to

682

read:

683

     945.46  Initiation of involuntary placement proceedings with

684

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

685

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

686

in the department is scheduled for release through expiration of

687

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

688

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

689

warden is authorized to initiate procedures for involuntary

690

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

691

to such release.

692

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

693

involuntary examination pursuant to s. 394.463 for any inmate who

694

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

695

     Section 13.  Section 945.47, Florida Statutes, is amended to

696

read:

697

     945.47  Discharge of inmate from mental health treatment.--

698

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

699

mental health treatment shall be discharged from treatment by the

700

warden under the following conditions:

701

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

702

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

703

transferred out of the mental health treatment facility and

704

provided with appropriate mental health services to another

705

institution in the department; or

706

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

707

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

708

transferred to another institution in the department and provided

709

appropriate outpatient and aftercare services;

710

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

711

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

712

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

713

recommendation for outpatient treatment, pursuant to the

714

provisions of ss. 945.40-945.49.; or

715

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

716

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

717

the warden shall initiate proceedings for involuntary placement,

718

pursuant to s. 394.467.

719

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

720

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

721

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

722

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

723

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

724

the court of clear and convincing evidence that the inmate is

725

manifestly dangerous to himself or herself or others. The need

726

for such placement shall be reviewed by facility staff every 90

727

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

728

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

729

involuntary placement shall be notified.

730

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

731

health treatment while in the custody of the department becomes

732

eligible for release under supervision or upon end of sentence on

733

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

734

may shall be provided to the Parole Commission and to the

735

Department of Children and Family Services upon request. The

736

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

737

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

738

history, prognosis, prescribed medication, and treatment plan,

739

and recommendations for aftercare services. In the event that the

740

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

741

parole officer who shall assist the inmate in applying for

742

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

743

application for treatment and continuation of treatment by the

744

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

745

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

746

may be a basis for initiation of parole violation hearings.

747

     Section 14.  Section 945.48, Florida Statutes, is amended to

748

read:

749

     945.48 Rights of inmates inmate provided mental health

750

treatment; procedure for involuntary treatment.--

751

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

752

health treatment facility has the right to receive treatment that

753

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

754

a humane psychological environment. Such treatment shall be

755

administered skillfully, safely, and humanely with respect for

756

the inmate's dignity and personal integrity.

757

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

758

provided psychiatric treatment within the department shall be

759

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

760

such treatment. "Express and informed written consent" or

761

"consent" means consent voluntarily given in writing after a

762

conscientious and sufficient explanation and disclosure of the

763

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

764

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

765

the alternative treatment available. The explanation shall enable

766

the inmate to make a knowing and willful decision without any

767

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

768

constraint or coercion.

769

     (3) PROCEDURE FOR INVOLUNTARY TREATMENT OF

770

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

771

refuses treatment that is deemed to be necessary for the

772

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

773

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

774

institution authorized to do so by the Assistant Secretary for

775

Health Services under the following circumstances:

776

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

777

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

778

such treatment may be provided upon the written order of a

779

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

780

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

781

not given express and informed consent to the treatment initially

782

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

783

and legal holidays, petition the circuit court serving the county

784

in which the facility is located for an order authorizing the

785

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

786

be continued upon the written order of a physician who has

787

determined that the emergency situation continues to present a

788

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

789

be isolated for mental health purposes, that decision must be

790

reviewed within 72 hours by medical staff different from that

791

making the original placement.

792

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

793

warden of the institution containing the mental health treatment

794

facility shall petition the circuit court serving the county in

795

which the mental health treatment facility is located for an

796

order authorizing the treatment of the inmate. The inmate shall

797

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

798

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

799

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

800

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

801

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

802

appoint the office of the public defender or private counsel

803

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

804

An attorney representing the inmate shall have access to the

805

inmate and any records, including medical or mental health

806

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

807

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

808

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

809

in writing that the inmate has provided express and informed

810

consent in writing, that the inmate has been transferred to

811

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

812

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

813

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

814

order authorizing the continuation of treatment for another 90-

815

day period. This procedure shall be repeated until the inmate

816

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

817

may be continued pending a hearing after the filing of any

818

petition.

819

     (4) PROCEDURE FOR THE HEARING ON INVOLUNTARY TREATMENT OF

820

AN INMATE.--

821

     (a) The hearing on the petition for involuntary treatment

822

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

823

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

824

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

825

examine witnesses testifying on behalf of the facility, and may

826

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

827

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

828

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

829

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

830

opinion supported the petition shall appear as a witness at the

831

hearing.

832

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

833

should authorize treatment for which an inmate has refused to

834

give express and informed consent, the court shall determine by

835

clear and convincing evidence whether the inmate is mentally ill

836

as defined in this chapter; whether such treatment is essential

837

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

838

experimental or presents an unreasonable risk of serious,

839

hazardous, or irreversible side effects. In arriving at the

840

substitute judgment decision, the court must consider at least

841

the following:

842

     1.  The inmate's expressed preference regarding treatment;

843

     2.  The probability of adverse side effects;

844

     3.  The prognosis for the inmate without treatment; and

845

     4.  The prognosis for the inmate with treatment.

846

847

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

848

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

849

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

850

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

851

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

852

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

853

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

854

facility, and may present his or her own witnesses.

855

     (c) An order authorizing involuntary treatment shall allow

856

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

857

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

858

the inmate has provided express and informed consent in writing,

859

that the inmate has been transferred to another institution of

860

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

861

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

862

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

863

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

864

procedure shall be repeated until the inmate provides express and

865

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

866

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

867

petition.

868

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

869

situation in which there is immediate danger to the health and

870

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

871

provided at a mental health treatment facility upon the written

872

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

873

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

874

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

875

the treatment initially refused, the warden shall, within 48

876

hours, excluding weekends and legal holidays, petition the

877

circuit court, in accordance with the procedures described in

878

this section, for an order authorizing the continued treatment of

879

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

880

written order of a physician who has determined that the

881

emergency situation continues to present a danger to the safety

882

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

883

health purposes, that decision must be reviewed within 72 hours

884

by a different psychological professional or a physician other

885

than the one making the original placement.

886

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

887

provisions of this section for mental health treatment, when the

888

consent permission of the inmate cannot be obtained, the warden

889

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

890

representative, with the concurrence of the inmate's attending

891

physician, may authorize emergency surgical or nonpsychiatric

892

medical treatment if such treatment is deemed lifesaving or there

893

is a situation threatening serious bodily harm to the inmate.

894

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

895

treatment shall be subject to the same standards applied to other

896

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

897

consideration for parole, release by reason of gain-time

898

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

899

expiration of sentence.

900

     Section 15.  Section 945.49, Florida Statutes, is amended to

901

read:

902

     945.49  Operation and administration.--

903

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

904

contract with the appropriate entities, agencies, persons, and

905

local governing bodies to provide mental health services pursuant

906

to ss. 945.40-945.49.

907

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

908

Health Program Office of the Department of Children and Family

909

Services, shall adopt rules necessary for administration of ss.

910

945.40-945.49 in accordance with chapter 120.

911

     (3)  ORIENTATION AND TRAINING.--Correctional officers

912

employed by a mental health treatment facility shall receive

913

specialized training above and beyond that required for basic

914

certification pursuant to chapter 943. Such training shall be in

915

accordance with requirements of the Criminal Justice Standards

916

and Training Commission.

917

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

918

treatment shall be subject to the same standards applied to other

919

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

920

consideration for parole, release by reason of gain-time

921

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

922

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

923

administrative law judges shall be assigned by the Division of

924

Administrative Hearings to conduct hearings for continued

925

placement.

926

     Section 16.  Paragraph (c) of subsection (3) of section

927

948.01, Florida Statutes, is amended to read:

928

     948.01  When court may place defendant on probation or into

929

community control.--

930

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

931

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

932

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

933

disposition that probation is an unsuitable dispositional

934

alternative to imprisonment, the court may place the offender in

935

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

936

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

937

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

938

may, within the period of its retained jurisdiction following

939

commitment, suspend the further execution of the disposition and

940

place the offender in a community control program upon such terms

941

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

942

offender advisory council pursuant to s. 948.90 with respect to

943

the placement of an offender into community control. Not later

944

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

945

department shall forward to the court all relevant material on

946

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

947

alternative to incarceration is utilized, the court shall:

948

     (c) Require the department to provide notifications

949

pursuant to s. 948.10(7).

950

     Section 17.  Section 948.10, Florida Statutes, is amended to

951

read:

952

     948.10  Community control programs.--

953

     (1)  The Department of Corrections shall develop and

954

administer a community control program. Such community control

955

program and required manuals shall be developed in consultation

956

with the Florida Conference of Circuit Court Judges and the

957

office of the State Courts Administrator. This complementary

958

program shall be rigidly structured and designed to accommodate

959

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

960

incarcerated. The program shall focus on the provision of

961

sanctions and consequences which are commensurate with the

962

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

963

the Parole Commission an alternative, community-based method to

964

punish an offender in lieu of incarceration when the offender is

965

a member of one of the following target groups:

966

     (a)  Probation violators charged with technical violations

967

or misdemeanor violations.

968

     (b)  Parole violators charged with technical violations or

969

misdemeanor violations.

970

     (c)  Individuals found guilty of felonies, who, due to their

971

criminal backgrounds or the seriousness of the offenses, would

972

not be placed on regular probation.

973

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

974

     (a) Convicted of or adjudication withheld for a forcible

975

felony as defined in s. 776.08, and

976

     (b) Previously convicted of or adjudication withheld for a

977

forcible felony as defined in s. 776.08.

978

979

Nothing in this subsection prohibits placement of certain inmates

980

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

981

this subsection, a forcible felony does not include manslaughter

982

or burglary.

983

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

984

of the parole and probation field staff and supporting resources

985

to the operation of the community control program. Caseloads

986

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

987

order to ensure an adequate level of staffing. Community control

988

is an individualized program in which the offender is restricted

989

to noninstitutional quarters or restricted to his or her own

990

residence subject to an authorized level of limited freedom.

991

     (4) The department shall develop and implement procedures

992

to diagnose offenders during the prison intake process in order

993

to recommend to the sentencing courts, during the period of

994

retained jurisdiction, suitable candidates for placement in a

995

program of community control.

996

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

997

contract for the development of, an implementation manual, a

998

resource directory, and training programs for implementing

999

community control programs.

1000

     (a)1. The community control implementation manual shall

1001

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

1002

of offenders who should be placed in community control programs,

1003

procedures for diagnosing offenders, objectives and goals of such

1004

placements, examples of alternative placements based upon the

1005

experience of other states, and instruction in developing an

1006

individualized program for each offender.

1007

     2. An offender's individualized program shall include

1008

diagnosis of treatment needs in the areas of education, substance

1009

abuse, and mental health, as well as community sanction

1010

provisions, restitution and community service provisions,

1011

rehabilitation objectives and programs, and a schedule for

1012

periodic review and reevaluation of such individualized programs.

1013

Individualized programs for offenders who committed controlled

1014

substance violations shall include provision for the conduct of

1015

random substance abuse testing intermittently throughout the term

1016

of supervision, upon the direction of the correctional probation

1017

officer as defined in s. 943.10(3).

1018

     (b) The community control resource directory shall include,

1019

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

1020

identification and description of community resources that are

1021

available for the implementation of community control programs,

1022

which resources include the following:

1023

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

1024

cost.

1025

     2. Client eligibility and characteristics which prohibit

1026

acceptance.

1027

     3. The objectives of the program.

1028

     4. The primary source of referrals.

1029

     5. The average length of stay.

1030

     6. The services offered.

1031

     (c) Training programs shall be provided for correctional

1032

field staff, local offender advisory councils, and others

1033

responsible for the implementation of community control programs.

1034

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

1035

the State Courts Administrator shall coordinate the development

1036

and implementation of a reference manual, directory, and training

1037

programs for judges in relation to community control disposition.

1038

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

1039

community control, the department shall notify:

1040

     (a) The original arresting law enforcement agency.

1041

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

1042

county in which the offender is to be placed.

1043

     (c) The chief officer of any local law enforcement agency

1044

within whose jurisdiction the offender is to be placed.

1045

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

1046

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

1047

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

1048

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

1049

1050

Such notification shall include the name and street address of

1051

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

1052

offense. Update notification must be provided with respect to

1053

violation of the terms or conditions of the placement.

1054

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

1055

court and the offender is ineligible to be placed on community

1056

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

1057

     (a) Review and verify whether an ineligible offender was

1058

placed on community control.

1059

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

1060

sentencing judge, the state attorney, and the Attorney General

1061

that the offender was ineligible for placement on community

1062

control.

1063

     (c) Provide a quarterly report to the chief judge and the

1064

state attorney of each circuit citing the number of ineligible

1065

offenders placed on community control within that circuit.

1066

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

1067

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

1068

the Chief Justice of the Supreme Court on the placement of

1069

ineligible offenders on community control in order to assist in

1070

preparing judicial education programs or for any other purpose.

1071

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

1072

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

1073

probation.

1074

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

1075

community control plan before the expiration of the term ordered

1076

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

1077

the offender from community control supervision or to return the

1078

offender to a program of regular probation supervision. In

1079

considering the petition, the court should recognize the limited

1080

staff resources committed to the community control program, the

1081

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

1082

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

1083

     (11) The Department of Corrections shall:

1084

     (a) Develop and maintain a weighted statewide caseload

1085

equalization strategy designed to ensure that high-risk offenders

1086

receive the highest level of supervision; and

1087

     (b) Develop and implement a supervision risk assessment

1088

instrument for the community control population which is similar

1089

to the probation risk assessment instrument established by the

1090

National Institute of Justice.

1091

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

1092

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

1093

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

1094

analysis of the community control program and the department's

1095

specific efforts to protect the public from offenders placed on

1096

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

1097

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

1098

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

1099

crimes committed by offenders on community control, and the level

1100

of community supervision provided.

1101

     Section 18.  Subsections (1) and (2) of section 958.04,

1102

Florida Statutes, are amended to read:

1103

     958.04  Judicial disposition of youthful offenders.--

1104

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

1105

person:

1106

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

1107

transferred for prosecution to the criminal division of the

1108

circuit court pursuant to chapter 985;

1109

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

1110

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

1111

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

1112

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

1113

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

1114

birthday; and

1115

     (c)  Who has not previously been classified as a youthful

1116

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

1117

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

1118

sentenced as a youthful offender under this act.

1119

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

1120

and notwithstanding any imposition of consecutive sentences, the

1121

court shall dispose of the criminal case as follows:

1122

     (a)  The court may place a youthful offender under

1123

supervision on probation or in a community control program, with

1124

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

1125

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

1126

Such period of supervision may shall not exceed the maximum

1127

sentence for the offense for which the youthful offender was

1128

found guilty.

1129

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

1130

condition of probation or community control, which period of

1131

incarceration shall be served in either a county facility, a

1132

department probation and restitution center, or a community

1133

residential facility that which is owned and operated by any

1134

public or private entity providing such services. A No youthful

1135

offender may not be required to serve a period of incarceration

1136

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

1137

Admission to a department facility or center shall be contingent

1138

upon the availability of bed space and shall take into account

1139

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

1140

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

1141

     (c)  The court may impose a split sentence whereby the

1142

youthful offender is to be placed on probation or community

1143

control upon completion of any specified period of incarceration;

1144

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

1145

department facility other than a probation and restitution center

1146

or community residential facility, such period shall be for not

1147

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

1148

community control shall commence immediately upon the release of

1149

the youthful offender from incarceration. The period of

1150

incarceration imposed or served and the period of probation or

1151

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

1152

years.

1153

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

1154

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

1155

provided that any such commitment may shall not exceed the

1156

maximum sentence for the offense for which the youthful offender

1157

has been convicted. Successful participation in the youthful

1158

offender program by an offender who is sentenced as a youthful

1159

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

1160

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

1161

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

1162

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

1163

prior to the scheduled expiration of such term. The department

1164

shall adopt rules defining criteria for successful participation

1165

in the youthful offender program which shall include program

1166

participation, academic and vocational training, and satisfactory

1167

adjustment. When a modification of the sentence results in the

1168

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

1169

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

1170

of incarceration, may shall not exceed the original sentence

1171

imposed.

1172

     Section 19.  Section 958.11, Florida Statutes, is amended to

1173

read:

1174

     958.11  Designation of institutions and programs for

1175

youthful offenders; assignment from youthful offender

1176

institutions and programs.--

1177

     (1)  The department shall by rule designate separate

1178

institutions and programs for youthful offenders and shall employ

1179

and utilize personnel specially qualified by training and

1180

experience to operate all such institutions and programs for

1181

youthful offenders. Youthful offenders who are at least 14 years

1182

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

1183

time of reception shall be separated from youthful offenders who

1184

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

1185

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

1186

offenders exceeds 100 percent of lawful capacity, the department

1187

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

1188

facility.

1189

     (2)  Youthful offender institutions and programs shall

1190

contain only those youthful offenders sentenced as such by a

1191

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

1192

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

1193

special circumstances select adult offenders may be assigned to

1194

youthful offender institutions. Female youthful offenders of all

1195

ages may continue to be housed together at those institutions

1196

designated by department rule Florida Correctional Institution

1197

and Broward Correctional Institution until such time as

1198

institutions for a female youthful offenders are offender

1199

institution is established or adapted to allow for separation by

1200

age and to accommodate all custody classifications.

1201

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

1202

facility in the state correctional system which is not designated

1203

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

1204

offenders or an age group only in the following circumstances:

1205

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

1206

which is a felony under the laws of this state.

1207

     (b)  If the youthful offender becomes such a serious

1208

management or disciplinary problem resulting from serious

1209

violations of the rules of the department that his or her

1210

original assignment would be detrimental to the interests of the

1211

program and to other inmates committed thereto.

1212

     (c)  If the youthful offender needs medical treatment,

1213

health services, or other specialized treatment otherwise not

1214

available at the youthful offender facility.

1215

     (d)  If the department determines that the youthful offender

1216

should be transferred outside of the state correctional system,

1217

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

1218

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

1219

residential facility, the department may assign a youthful

1220

offender to a community residential facility, provided that the

1221

youthful offender is separated from other offenders insofar as is

1222

practical.

1223

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

1224

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

1225

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

1226

department may retain the youthful offender in the facility if

1227

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

1228

youthful offender and the department.

1229

     (g)  If the department determines that a youthful offender

1230

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

1231

group is mentally or physically vulnerable by such placement, the

1232

department may reassign a youthful offender to a facility

1233

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

1234

that a reassignment is necessary to protect the safety of the

1235

youthful offender or the institution.

1236

     (h)  If the department determines that a youthful offender

1237

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

1238

group is disruptive, incorrigible, or uncontrollable, the

1239

department may reassign a youthful offender to a facility

1240

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

1241

that a reassignment would best serve the interests of the

1242

youthful offender and the department.

1243

     (4) The department Office of the Assistant Secretary for

1244

Youthful Offenders shall continuously screen all institutions,

1245

facilities, and programs for any inmate who meets the eligibility

1246

requirements for youthful offender designation specified in s.

1247

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

1248

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

1249

department may classify and assign as a youthful offender any

1250

inmate who meets the criteria of this subsection.

1251

     (5) The department Population Movement and Control

1252

Coordinator shall coordinate all youthful offender assignments or

1253

transfers and shall consult with the Office of the Assistant

1254

Secretary for Youthful Offenders. The Office of the Assistant

1255

Secretary for Youthful Offenders shall review and maintain access

1256

to full and complete documentation and substantiation of all such

1257

assignments or transfers of youthful offenders to or from

1258

facilities in the state correctional system which are not

1259

designated for their care, custody, and control, except

1260

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

1261

     (6)  The department may assign to a youthful offender

1262

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

1263

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

1264

criteria of this section, if the department Assistant Secretary

1265

for Youthful Offenders determines that such inmate's mental or

1266

physical vulnerability would substantially or materially

1267

jeopardize his or her safety in a nonyouthful offender facility.

1268

Assignments made under this subsection shall be included in the

1269

department's annual report.

1270

     Section 20.  Section 958.12, Florida Statutes, is amended to

1271

read:

1272

     958.12  Participation in certain activities required.--

1273

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

1274

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

1275

rehabilitative programs in accordance with this section,

1276

including, but not limited to:

1277

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

1278

to participate in:

1279

     1.  Reception and orientation.

1280

     2.  Evaluation, needs assessment, and classification.

1281

     3.  Educational programs.

1282

     4.  Career and job training.

1283

     5.  Life and socialization skills training, including

1284

anger/aggression control.

1285

     6.  Prerelease orientation and planning.

1286

     7.  Appropriate transition services.

1287

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

1288

department shall make available:

1289

     1.  Religious services and counseling.

1290

     2.  Social services.

1291

     3.  Substance abuse treatment and counseling.

1292

     4.  Psychological and psychiatric services.

1293

     5.  Library services.

1294

     6.  Medical and dental health care.

1295

     7.  Athletic, recreational, and leisure time activities.

1296

     8.  Mail and visiting privileges.

1297

1298

Income derived by a youthful offender from participation in such

1299

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

1300

of his or her incarceration or supervision; to satisfy

1301

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

1302

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

1303

the crime for which the youthful offender has been convicted in

1304

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

1305

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

1306

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

1307

offender upon his or her release.

1308

     (2)  A comprehensive transition and postrelease plan shall

1309

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

1310

transition assistance officer, a classification officer, an

1311

educational representative, a health services administrator, a

1312

probation and parole officer, and the youthful offender.

1313

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

1314

parole officer prior to the offender's release from incarceration

1315

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

1316

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

1317

department to provide postrelease community resources. The

1318

department shall develop partnerships with entities that which

1319

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

1320

Labor and Employment Security, the Department of Children and

1321

Family Services, community health agencies, private agencies, and

1322

school systems.

1323

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

1324

release from incarceration is required, this and may be

1325

accomplished in a residential or nonresidential program or,

1326

intensive day treatment, or through supervision by a correctional

1327

probation and parole officer.

1328

     Section 21.  This act shall take effect October 1, 2008.