Florida Senate - 2008 CS for CS for SB 1614
By the Committees on Children, Families, and Elder Affairs; Criminal Justice; Criminal Justice
586-05908-08 20081614c2
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A bill to be entitled
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An act relating to the Department of Corrections; amending
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s. 120.57, F.S.; authorizing administrative law judges to
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appoint private pro bono attorneys in the continued
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placement hearings of inmates; amending s. 921.187, F.S.;
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deleting certain provisions limiting circumstances under
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which an offender may be placed in community control;
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amending s. 940.061, F.S.; specifying that the Department
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of Corrections meets its statutory obligation to assist
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released offenders with completing the application for the
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restoration of civil rights by sending an electronic list
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to the Parole Commission each month of those inmates and
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offenders who were released from incarceration or
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terminated from supervision during the preceding month;
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amending s. 943.16, F.S.; eliminating provisions requiring
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that a law enforcement officer reimburse the employing
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agency for wages and benefits paid by the employing agency
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if the officer terminates employment before the end of a
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2-year commitment period; eliminating wages and benefits
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from the costs that employing agencies may recover;
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eliminating the definition of the term "academy training
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period"; amending s. 944.1905, F.S.; authorizing the
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department to assign an offender sentenced to death to a
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facility for youthful offenders until the offender reaches
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a specified age; deleting provisions requiring that
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certain offenders younger than 18 years of age be housed
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and provided certain services separately from older
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offenders or placed in a facility for youthful offenders;
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amending s. 944.293, F.S.; specifying that the Department
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of Corrections meets its statutory obligation to assist
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released offenders with completing the application for the
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restoration of civil rights by sending an electronic list
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to the Parole Commission each month of those inmates and
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offenders who were released from incarceration or
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terminated from supervision during the preceding month;
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amending s. 944.47, F.S.; providing that a cellular
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telephone or other portable communication device that is
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introduced inside the secure perimeter of a state
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correctional institution without prior authorization is
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contraband; prohibiting an inmate or other person upon the
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grounds of the institution from possessing such contraband
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without authorization; providing a definition; providing
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criminal penalties; amending s. 945.41, F.S.; eliminating
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a requirement that the Department of Corrections contract
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with the Department of Children and Family Services to
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provide certain mental health services; authorizing the
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Department of Corrections to contract with other entities
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or persons to provide mental health services to inmates;
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amending s. 945.42, F.S.; revising definitions and
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defining the term "crisis stabilization care"; amending s.
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945.43, F.S.; revising the procedures for placing an
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inmate in a mental health treatment facility; authorizing
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the court to waive the presence of the inmate at the
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hearing on the inmate's placement; amending s. 945.44,
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F.S.; providing for the emergency placement of an inmate
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in a mental health treatment facility; amending s. 945.45,
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F.S.; revising the provisions governing the continued
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placement of an inmate in a mental health treatment
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facility; providing that the administrative law judge may
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waive the presence of the inmate at the hearing under
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certain conditions; amending s. 945.46, F.S.; authorizing
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the warden to initiate procedures for the involuntary
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examination of an inmate who has a mental illness and
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meets certain criteria; amending s. 945.47, F.S.;
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providing for the transfer of an inmate who is no longer
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in need of mental health treatment; deleting certain
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provisions governing involuntary placement; requiring that
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a summary of the inmate's treatment be provided to the
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Parole Commission and the Department of Children and
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Family Services upon request; amending s. 945.48, F.S.;
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revising the procedure for the involuntary mental health
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treatment of an inmate; providing for the warden of the
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institution containing the mental health treatment
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facility to petition the circuit court for an order
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authorizing involuntary treatment; providing requirements
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for the hearing on involuntary treatment; limiting the
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period that an order authorizing involuntary treatment is
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effective; providing a procedure for emergency treatment;
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amending s. 945.49, F.S.; deleting a provision requiring
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that training provided to correctional officers employed
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by a mental health treatment facility be in accordance
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with the requirements of the Criminal Justice Standards
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and Training Commission; amending s. 948.01, F.S.;
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deleting certain provisions limiting circumstances under
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which an offender may be placed in community control;
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amending s. 948.10, F.S.; deleting a requirement that
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community control programs and manuals be developed in
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consultation with the Florida Conference of Circuit Court
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Judges and the State Courts Administrator; 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; 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. 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 may appoint a private pro bono attorney
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in the circuit in which the treatment facility is located to
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represent the inmate. 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 2. 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 3. 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 4. 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 5. Subsection (5) of section 944.1905, Florida
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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 6. 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 7. 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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(c) It is unlawful for any inmate of any state correctional
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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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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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Section 8. Subsections (1) and (5) of section 945.41,
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Florida Statutes, are amended to read:
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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
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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
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psychiatric inpatient treatment or care receive appropriate
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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
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for such services.
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Section 9. Section 945.42, Florida Statutes, is amended to
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read:
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ascribed to them, unless the context shall clearly indicate
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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
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is less restrictive and intense than care provided in a mental
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health treatment facility, that includes a broad range of
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evaluation and treatment services provided within a highly
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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
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transitional care unit or infirmary isolation management room.
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Such treatment is also more intense than treatment provided in a
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transitional care unit and is devoted principally toward rapid
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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
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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
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an inmate is apparently mentally ill and is not able to be
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appropriately cared for in the institution where he or she the
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inmate is confined and that, but for being isolated in a more
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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
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another person, as evidenced by recent behavior involving
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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
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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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(c) All available less restrictive treatment alternatives
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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
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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 a substantial likelihood that in the near
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future the inmate will inflict serious bodily harm on himself or
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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
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placement; or
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2. The inmate is unable to determine for himself or herself
456
whether placement is necessary; and
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(c) All available less restrictive treatment alternatives
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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
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emotional processes, of the ability to exercise conscious control
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of one's actions, or of the ability to perceive or understand
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reality or to understand, which impairment substantially
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interferes with a person's ability to meet the ordinary demands
477
of living, regardless of etiology, except that, for the purposes
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of transfer of an inmate to a mental health treatment facility,
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the term does not include retardation or developmental disability
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as defined in chapter 393, simple intoxication, or conditions
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manifested only by antisocial behavior or substance abuse drug
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addiction. However, an individual who is mentally retarded or
483
developmentally disabled may also have a mental illness.
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(10)(9) "Psychiatrist" means a medical practitioner
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licensed pursuant to chapter 458 or chapter 459 who has primarily
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diagnosed and treated nervous and mental disorders for a period
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of not less than 3 years inclusive of psychiatric residency.
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(11)(10) "Psychological professional" "Psychologist" means
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a behavioral practitioner who has an approved doctoral degree in
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psychology as defined in s. 490.003(3)(b) and is employed by the
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department that is primarily clinical in nature from a university
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or professional graduate school that is state-authorized or
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accredited by an accrediting agency approved by the United States
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Department of Education and who is professionally certified by
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the appropriate professional psychology association or who is
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licensed as a psychologist pursuant to chapter 490.
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(12)(11) "Secretary" means the Secretary of Corrections.
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(13)(12) "Transitional mental health care" means a level of
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care that is more intensive than outpatient care, but less
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intensive than crisis stabilization care, and is characterized by
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the provision of traditional mental health treatments such as
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group and individual therapy, activity therapy, recreational
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therapy, and psychotropic medications chemotherapy, in the
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context of a structured residential setting. Transitional mental
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health care is indicated for a person with chronic or residual
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symptomatology who does not require crisis stabilization care or
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acute psychiatric care at the hospital level, but whose
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impairment impairments in functioning nevertheless renders render
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him or her incapable of adjusting satisfactorily within the
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general inmate population, even with the assistance of outpatient
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care.
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(14)(13) "Warden" means the warden of a state corrections
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facility or his or her designee.
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Section 10. Section 945.43, Florida Statutes, is amended to
515
read:
516
945.43 Admission of inmate to mental health treatment
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facility.--
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(1) CRITERIA.--An inmate may be admitted to a mental health
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treatment facility if he or she is mentally ill and is in need of
520
care and treatment, as defined in s. 945.42(6).
521
(2) PROCEDURE FOR PLACEMENT IN ADMISSION TO A MENTAL HEALTH
522
TREATMENT FACILITY.--
523
(a) An inmate may be admitted to a mental health treatment
524
facility after notice and hearing, upon the recommendation of the
525
warden of the facility where the inmate is confined and of the
526
director. The recommendation shall be entered on a petition
527
certificate and must be supported by the expert opinion of a
528
psychiatrist and the second opinion of a psychiatrist or
529
psychological professional psychologist. The petition certificate
530
shall be filed with the court in the county where the inmate is
531
located and shall serve as a petition for a hearing regarding
532
placement.
533
(b) A copy of the petition certificate shall also be filed
534
with the department, and copies shall be served on the inmate and
535
the inmate's representatives, accompanied by:
536
1. A written notice, in plain and simple language, that the
537
inmate or the inmate's representative may apply at any time for a
538
hearing on the issue of the inmate's need for treatment if he or
539
she has previously waived such a hearing.
540
2. A petition for such hearing, which requires only the
541
signature of the inmate or the inmate's representative for
542
completion.
543
3. A written notice that the petition may be filed with the
544
court in the county in which the inmate is hospitalized at the
545
time and stating the name and address of the judge of such court.
546
4. a written notice that the inmate or the inmate's
547
representative may apply immediately to the court to have an
548
attorney appointed if the inmate cannot afford one.
549
(c) The petition for placement may be filed in the county
550
in which the inmate is located being treated at any time within 6
551
months of the date of the certificate. The hearing shall be held
552
in the same county, and one of the inmate's physicians at the
553
facility where the inmate is located shall appear as a witness at
554
the hearing.
555
(d) An attorney representing the inmate shall have access
556
to the inmate and any records, including medical or mental health
557
records, which are relevant to the representation of the inmate.
558
(e) If the court finds that the inmate is mentally ill and
559
in need of care and treatment, as defined in s. 945.42(6), the
560
court it shall order that he or she be placed in admitted to a
561
mental health treatment facility or, if the inmate is at a mental
562
health treatment facility, that he or she be retained there.
563
However, the inmate may be immediately transferred to and
564
admitted at a mental health treatment facility by executing a
565
waiver of the hearing by express and informed consent, without
566
awaiting the court order. The court shall authorize the mental
567
health treatment facility to retain the inmate for up to 6
568
months. If, at the end of that time, continued placement
569
treatment is necessary, the warden shall apply to the Division of
570
Administrative Hearings in accordance with s. 945.45 court for an
571
order authorizing continued placement.
572
(3) PROCEDURE FOR HEARING ON PLACEMENT TRANSFER OF AN
573
INMATE IN A FOR MENTAL HEALTH TREATMENT FACILITY.--If the inmate
574
does not waive a hearing or if the inmate or the inmate's
575
representative files a petition for a hearing after having waived
576
it,
577
(a) The court shall serve notice on the warden of the
578
facility where the inmate is confined, the director, and the
579
allegedly mentally ill inmate. The notice must shall specify the
580
date, time, and place of the hearing; the basis for the
581
allegation of mental illness; and the names of the examining
582
experts. The hearing shall be held within 5 days, and the court
583
may appoint a general or special magistrate to preside. The court
584
may waive the presence of the inmate at the hearing if such
585
waiver is consistent with the best interests of the inmate and
586
the inmate's counsel does not object. The hearing may be as
587
informal as is consistent with orderly procedure. One of the
588
experts whose opinion supported the petition for placement
589
recommendation shall be present at the hearing for information
590
purposes.
591
(b) If, at the hearing, the court finds that the inmate is
592
mentally ill and in need of care and treatment, as defined in s.
593
945.42(6), the court it shall order that he or she be placed in
594
transferred to a mental health treatment facility and provided
595
appropriate treatment. The court shall provide a copy of its
596
order authorizing placement transfer and all supporting
597
documentation relating to the inmate's condition to the warden of
598
the treatment facility. If the court finds that the inmate is not
599
mentally ill, it shall dismiss the petition for placement
600
transfer.
601
(4) REFUSAL OF PLACEMENT ADMISSION; WHEN REFUSAL
602
ALLOWED.--The warden of an institution in which a mental health
603
treatment facility is located may refuse to place admit any
604
inmate in that treatment facility who is not accompanied by
605
adequate court orders and documentation, as required in ss.
607
Section 11. Section 945.44, Florida Statutes, is amended to
608
read:
609
945.44 Emergency placement admission of inmate in a to
610
mental health treatment facility.--
611
(1) CRITERIA.--An inmate may be placed in a mental health
612
treatment facility on an emergency basis if he or she is mentally
613
ill and in immediate need of care and treatment, as defined in s.
614
945.42(5).
615
(2) PROCEDURE FOR EMERGENCY PLACEMENT ADMISSION.--An inmate
616
who is mentally ill and in immediate need of care and treatment
617
that which cannot be provided at the institution where he or she
618
is confined may be placed in admitted to a mental health
619
treatment facility on an emergency basis. The inmate may be
620
placed transferred immediately in a mental health treatment to
621
the facility and shall be accompanied by the recommendation of
622
the warden of the institution where the inmate is confined, which
623
recommendation must shall state the need for the emergency
624
placement transfer and shall include a written opinion of a
625
physician verifying the need for the emergency placement
626
transfer. Upon the emergency placement the admission of the
627
inmate in to the facility, the inmate shall be evaluated; if he
628
or she is determined to be in need of treatment or care, the
629
warden shall initiate proceedings for placement of the inmate, as
630
described in s. 945.43(2).
631
Section 12. Section 945.45, Florida Statutes, is amended to
632
read:
633
945.45 Procedure for continued placement of inmates in a
634
mental health treatment facility.--
635
(1) CRITERIA.--An inmate may be retained in a mental health
636
treatment facility if he or she is mentally ill and continues to
637
be in need of care and treatment as defined in s. 945.42(6).
638
(2)(1) PROCEDURE FOR CONTINUED PLACEMENT OF AN INMATE IN A
639
MENTAL HEALTH TREATMENT FACILITY.--
640
(a) If continued placement of an inmate is necessary, The
641
warden shall, prior to the expiration of the period during which
642
the treatment facility is authorized to retain the inmate, file a
643
petition with the Division of Administrative Hearings for request
644
an order authorizing continued placement. The petition must This
645
request shall be accompanied by a statement from the inmate's
646
physician justifying the petition request and providing a brief
647
summary of the inmate's treatment during the time he or she has
648
been placed. In addition, the warden shall submit an
649
individualized plan for the inmate for whom he or she is
650
requesting continued placement. The inmate may remain in a mental
651
health treatment facility pending a hearing after the timely
652
filing of the petition.
653
(b) Notification of this request for retention shall be
654
mailed to the inmate, and the inmate's representative along with
655
a waiver-of-hearing form and the completed petition, requesting
656
the inmate's only a signature and a waiver-of-hearing form. The
657
waiver-of-hearing form shall require express and informed consent
658
and shall state that the inmate is entitled to an administrative
659
a hearing under the law; that the inmate is entitled to be
660
represented by an attorney at the hearing and that, if the inmate
661
cannot afford an attorney, one will be appointed; and that, if it
662
is shown at the hearing that the inmate does not meet the
663
criteria for continued placement, he or she will be transferred
664
out of the mental health treatment facility to another facility
665
of the department. If the inmate or the inmate's representative
666
does not sign the petition, or if the inmate does not sign a
667
waiver within 15 days, the administrative law judge shall notice
668
a hearing with regard to the inmate involved in accordance with
670
(3) PROCEDURE FOR HEARING ON CONTINUED PLACEMENT OF AN
671
INMATE IN A MENTAL HEALTH TREATMENT FACILITY.--
672
(a) The hearing on a petition for the continued placement
673
of an inmate in a mental health treatment facility is an
674
administrative hearing and shall be conducted in accordance with
676
administrative law judge is final and subject to judicial review
677
in accordance with s. 120.68. An administrative law judge shall
678
be assigned by the Division of Administrative Hearings to conduct
679
hearings for continued placement.
680
(b) The administrative law judge may waive the presence of
681
the inmate at the hearing if such waiver is consistent with the
682
best interests of the inmate and the inmate's counsel does not
683
object.
685
administrative law judge finds that the inmate no longer meets
686
the criteria for placement treatment, he or she shall order that
687
the inmate be transferred out of the mental health treatment
688
facility to another facility of the department.
689
(d)(3) If the inmate waives the hearing or if the
690
administrative law judge finds that the inmate is in need of
691
continued placement treatment, the administrative law judge shall
692
enter an order authorizing such continued placement treatment for
693
a period not to exceed 1 year. The same procedure shall be
694
repeated prior to the expiration of each additional 1-year period
695
that the inmate is retained in the mental health treatment
696
facility.
697
(4) Hearings on requests for orders authorizing continued
698
placement filed in accordance with this section shall be
699
conducted in accordance with the provisions of ss. 120.569 and
700
120.57(1), except that any order entered by the administrative
701
law judge shall be final and subject to judicial review in
702
accordance with s. 120.68.
703
Section 13. Section 945.46, Florida Statutes, is amended to
704
read:
705
945.46 Initiation of involuntary placement proceedings with
706
respect to a mentally ill inmate scheduled for release.--
707
(1) If an inmate who is receiving mental health treatment
708
in the department is scheduled for release through expiration of
709
sentence or any other means, but continues to be mentally ill and
710
in need of care and treatment, as defined in s. 945.42(6), the
711
warden is authorized to initiate procedures for involuntary
712
placement pursuant to the provisions of s. 394.467, 60 days prior
713
to such release.
714
(2) In addition, the warden may initiate procedures for
715
involuntary examination pursuant to s. 394.463 for any inmate who
716
has a mental illness and meets the criteria of s. 394.463(1).
717
Section 14. Section 945.47, Florida Statutes, is amended to
718
read:
719
945.47 Discharge of inmate from mental health treatment.--
720
(1) An inmate who has been transferred for the purpose of
721
mental health treatment shall be discharged from treatment by the
722
warden under the following conditions:
723
(a) If the inmate is no longer in need of care and
724
treatment, as defined in s. 945.42(6), he or she may be
725
transferred out of the mental health treatment facility and
726
provided with appropriate mental health services to another
727
institution in the department; or
728
(b) If the inmate continues to be mentally ill, but is not
729
in need of care and treatment as an inpatient, he or she may be
730
transferred to another institution in the department and provided
731
appropriate outpatient and aftercare services;
732
(b)(c) If the inmate's sentence expires during his or her
733
treatment, but he or she is no longer in need of care and
734
treatment as an inpatient, the inmate may be released with a
735
recommendation for outpatient treatment, pursuant to the
737
(d) If the inmate's sentence expires and he or she
738
continues to be mentally ill and in need of care and treatment,
739
the warden shall initiate proceedings for involuntary placement,
740
pursuant to s. 394.467.
741
(2) An inmate who is involuntarily placed pursuant to s.
742
394.467 at the expiration of his or her sentence may be placed,
743
by order of the court, in a facility designated by the Department
744
of Children and Family Services as a secure, nonforensic, civil
745
facility. Such a placement shall be conditioned upon a finding by
746
the court of clear and convincing evidence that the inmate is
747
manifestly dangerous to himself or herself or others. The need
748
for such placement shall be reviewed by facility staff every 90
749
days. At any time that a patient is considered for transfer to a
750
nonsecure, civil unit, the court which entered the order for
751
involuntary placement shall be notified.
752
(2)(3) At any time that an inmate who has received mental
753
health treatment while in the custody of the department becomes
754
eligible for release under supervision or upon end of sentence on
755
parole, a complete record of the inmate's mental health treatment
756
may shall be provided to the Parole Commission and to the
757
Department of Children and Family Services upon request. The
758
record shall include, at a minimum least, a summary of the
759
inmate's diagnosis, length of stay in treatment, clinical
760
history, prognosis, prescribed medication, and treatment plan,
761
and recommendations for aftercare services. In the event that the
762
inmate is released on parole, the record shall be provided to the
763
parole officer who shall assist the inmate in applying for
764
services from a professional or an agency in the community. The
765
application for treatment and continuation of treatment by the
766
inmate may be made a condition of parole, as provided in s.
767
947.19(1); and a failure to participate in prescribed treatment
768
may be a basis for initiation of parole violation hearings.
769
Section 15. Section 945.48, Florida Statutes, is amended to
770
read:
771
945.48 Rights of inmates inmate provided mental health
772
treatment; procedure for involuntary treatment.--
773
(1) RIGHT TO QUALITY TREATMENT.--An inmate in a mental
774
health treatment facility has the right to receive treatment that
775
which is suited to his or her needs and that which is provided in
776
a humane psychological environment. Such treatment shall be
777
administered skillfully, safely, and humanely with respect for
778
the inmate's dignity and personal integrity.
779
(2) RIGHT TO EXPRESS AND INFORMED CONSENT.--Any inmate
780
provided psychiatric treatment within the department shall be
781
asked to give his or her express and informed written consent for
782
such treatment. "Express and informed written consent" or
783
"consent" means consent voluntarily given in writing after a
784
conscientious and sufficient explanation and disclosure of the
785
purpose of the proposed treatment; the common side effects of the
786
treatment, if any; the expected duration of the treatment; and
787
the alternative treatment available. The explanation shall enable
788
the inmate to make a knowing and willful decision without any
789
element of fraud, deceit, or duress or any other form of
790
constraint or coercion.
791
(3) PROCEDURE FOR INVOLUNTARY TREATMENT OF
792
INMATES.--Involuntary mental health treatment of an inmate who
793
refuses treatment that is deemed to be necessary for the
794
appropriate care of the inmate and the safety of the inmate or
795
others may be provided at a mental health treatment facility. an
796
institution authorized to do so by the Assistant Secretary for
797
Health Services under the following circumstances:
798
(a) In an emergency situation in which there is immediate
799
danger to the health and safety of the inmate or other inmates,
800
such treatment may be provided upon the written order of a
801
physician for a period not to exceed 48 hours, excluding weekends
802
and legal holidays. If, after the 48-hour period, the inmate has
803
not given express and informed consent to the treatment initially
804
refused, the warden shall, within 48 hours, excluding weekends
805
and legal holidays, petition the circuit court serving the county
806
in which the facility is located for an order authorizing the
807
continued treatment of the inmate. In the interim, treatment may
808
be continued upon the written order of a physician who has
809
determined that the emergency situation continues to present a
810
danger to the safety of the inmate or others. If an inmate must
811
be isolated for mental health purposes, that decision must be
812
reviewed within 72 hours by medical staff different from that
813
making the original placement.
814
(b) In a situation other than an emergency situation, the
815
warden of the institution containing the mental health treatment
816
facility shall petition the circuit court serving the county in
817
which the mental health treatment facility is located for an
818
order authorizing the treatment of the inmate. The inmate shall
819
be provided with a copy of the petition along with the proposed
820
treatment, the basis for the proposed treatment, the names of the
821
examining experts, and the date, time, and location of the
822
hearing. The inmate may have an attorney represent him or her at
823
the hearing and, if the inmate is indigent, the court shall
824
appoint the office of the public defender or private counsel
825
pursuant to s. 27.40(1) to represent the inmate at the hearing.
826
An attorney representing the inmate shall have access to the
827
inmate and any records, including medical or mental health
828
records, which are relevant to the representation of the inmate.
829
The order shall allow such treatment for a period not to exceed
830
90 days from the date of the order. Unless the court is notified
831
in writing that the inmate has provided express and informed
832
consent in writing, that the inmate has been transferred to
833
another institution of the department, or that the inmate is no
834
longer in need of treatment, the warden shall, prior to the
835
expiration of the initial 90-day order, petition the court for an
836
order authorizing the continuation of treatment for another 90-
837
day period. This procedure shall be repeated until the inmate
838
provides consent or is no longer in need of treatment. Treatment
839
may be continued pending a hearing after the filing of any
840
petition.
841
(4) PROCEDURE FOR THE HEARING ON INVOLUNTARY TREATMENT OF
842
AN INMATE.--
843
(a) The hearing on the petition for involuntary treatment
844
shall be held within 5 days after the petition is filed and the
845
court may appoint a general or special magistrate to preside. The
846
inmate may testify or not, as he or she chooses, may cross-
847
examine witnesses testifying on behalf of the facility, and may
848
present his or her own witnesses. However, the court may waive
849
the presence of the inmate at the hearing if such waiver is
850
consistent with the best interests of the inmate and the inmate's
851
counsel does not object. One of the inmate's physicians whose
852
opinion supported the petition shall appear as a witness at the
853
hearing.
854
(b)(c) At the hearing on the issue of whether the court
855
should authorize treatment for which an inmate has refused to
856
give express and informed consent, the court shall determine by
857
clear and convincing evidence whether the inmate is mentally ill
858
as defined in this chapter; whether such treatment is essential
859
to the care of the inmate; and whether the treatment is
860
experimental or presents an unreasonable risk of serious,
861
hazardous, or irreversible side effects. In arriving at the
862
substitute judgment decision, the court must consider at least
863
the following:
864
1. The inmate's expressed preference regarding treatment;
865
2. The probability of adverse side effects;
866
3. The prognosis for the inmate without treatment; and
867
4. The prognosis for the inmate with treatment.
868
869
The inmate and the inmate's representative shall be provided with
870
a copy of the petition and the date, time, and location of the
871
hearing. The inmate may have an attorney represent him or her at
872
the hearing, and, if the inmate is indigent, the court shall
873
appoint the office of the public defender to represent him or her
874
at the hearing. The inmate may testify or not, as he or she
875
chooses, may cross-examine witnesses testifying on behalf of the
876
facility, and may present his or her own witnesses.
877
(c) An order authorizing involuntary treatment shall allow
878
such treatment for a period not to exceed 90 days following the
879
date of the order. Unless the court is notified in writing that
880
the inmate has provided express and informed consent in writing,
881
that the inmate has been transferred to another institution of
882
the department, or that the inmate is no longer in need of
883
treatment, the warden shall, prior to the expiration of the
884
initial 90-day order, petition the court for an order authorizing
885
the continuation of treatment for another 90-day period. This
886
procedure shall be repeated until the inmate provides express and
887
informed consent or is no longer in need of treatment. Treatment
888
may be continued pending a hearing after the timely filing of any
889
petition.
890
(5) PROCEDURE FOR EMERGENCY TREATMENT.--In an emergency
891
situation in which there is immediate danger to the health and
892
safety of an inmate or other inmates, emergency treatment may be
893
provided at a mental health treatment facility upon the written
894
order of a physician for a period not to exceed 48 hours,
895
excluding weekends and legal holidays. If, after the 48-hour
896
period, the inmate has not given express and informed consent to
897
the treatment initially refused, the warden shall, within 48
898
hours, excluding weekends and legal holidays, petition the
899
circuit court, in accordance with the procedures described in
900
this section, for an order authorizing the continued treatment of
901
the inmate. In the interim, treatment may be continued upon the
902
written order of a physician who has determined that the
903
emergency situation continues to present a danger to the safety
904
of the inmate or others. If an inmate must be isolated for mental
905
health purposes, that decision must be reviewed within 72 hours
906
by a different psychological professional or a physician other
907
than the one making the original placement.
908
(6)(d) EMERGENCY TREATMENT.--In addition to the other above
909
provisions of this section for mental health treatment, when the
910
consent permission of the inmate cannot be obtained, the warden
911
of a mental health treatment facility, or his or her designated
912
representative, with the concurrence of the inmate's attending
913
physician, may authorize emergency surgical or nonpsychiatric
914
medical treatment if such treatment is deemed lifesaving or there
915
is a situation threatening serious bodily harm to the inmate.
916
(3) STATUS OF INMATE.--An inmate receiving mental health
917
treatment shall be subject to the same standards applied to other
918
inmates in the department, including, but not limited to,
919
consideration for parole, release by reason of gain-time
920
allowances as provided for in s. 944.291, and release by
921
expiration of sentence.
922
Section 16. Section 945.49, Florida Statutes, is amended to
923
read:
924
945.49 Operation and administration.--
925
(1) ADMINISTRATION.--The department is authorized to
926
contract with the appropriate entities, agencies, persons, and
927
local governing bodies to provide mental health services pursuant
929
(2) RULES.--The department, in cooperation with the Mental
930
Health Program Office of the Department of Children and Family
931
Services, shall adopt rules necessary for administration of ss.
933
(3) ORIENTATION AND TRAINING.--Correctional officers
934
employed by a mental health treatment facility shall receive
935
specialized training above and beyond that required for basic
936
certification pursuant to chapter 943. Such training shall be in
937
accordance with requirements of the Criminal Justice Standards
938
and Training Commission.
939
(4) STATUS OF INMATE.--An inmate receiving mental health
940
treatment shall be subject to the same standards applied to other
941
inmates in the department, including, but not limited to,
942
consideration for parole, release by reason of gain-time
943
allowances as provided for in s. 944.291, and release by
944
expiration of sentence. ADMINISTRATIVE LAW JUDGES.--One or more
945
administrative law judges shall be assigned by the Division of
946
Administrative Hearings to conduct hearings for continued
947
placement.
948
Section 17. Paragraph (c) of subsection (3) of section
949
948.01, Florida Statutes, is amended to read:
950
948.01 When court may place defendant on probation or into
951
community control.--
952
(3) If, after considering the provisions of subsection (2)
953
and the offender's prior record or the seriousness of the
954
offense, it appears to the court in the case of a felony
955
disposition that probation is an unsuitable dispositional
956
alternative to imprisonment, the court may place the offender in
957
a community control program as provided in s. 948.10. Or, in a
958
case of prior disposition of a felony commitment, upon motion of
959
the offender or the department or upon its own motion, the court
960
may, within the period of its retained jurisdiction following
961
commitment, suspend the further execution of the disposition and
962
place the offender in a community control program upon such terms
963
as the court may require. The court may consult with a local
964
offender advisory council pursuant to s. 948.90 with respect to
965
the placement of an offender into community control. Not later
966
than 3 working days before the hearing on the motion, the
967
department shall forward to the court all relevant material on
968
the offender's progress while in custody. If this sentencing
969
alternative to incarceration is utilized, the court shall:
970
(c) Require the department to provide notifications
971
pursuant to s. 948.10(7).
972
Section 18. Section 948.10, Florida Statutes, is amended to
973
read:
974
948.10 Community control programs.--
975
(1) The Department of Corrections shall develop and
976
administer a community control program. Such community control
977
program and required manuals shall be developed in consultation
978
with the Florida Conference of Circuit Court Judges and the
979
office of the State Courts Administrator. This complementary
980
program shall be rigidly structured and designed to accommodate
981
offenders who, in the absence of such a program, would have been
982
incarcerated. The program shall focus on the provision of
983
sanctions and consequences which are commensurate with the
984
seriousness of the crime. The program shall offer the courts and
985
the Parole Commission an alternative, community-based method to
986
punish an offender in lieu of incarceration when the offender is
987
a member of one of the following target groups:
988
(a) Probation violators charged with technical violations
989
or misdemeanor violations.
990
(b) Parole violators charged with technical violations or
991
misdemeanor violations.
992
(c) Individuals found guilty of felonies, who, due to their
993
criminal backgrounds or the seriousness of the offenses, would
994
not be placed on regular probation.
995
(2) An offender may not be placed in community control if:
996
(a) Convicted of or adjudication withheld for a forcible
997
felony as defined in s. 776.08, and
998
(b) Previously convicted of or adjudication withheld for a
999
forcible felony as defined in s. 776.08.
1000
1001
Nothing in this subsection prohibits placement of certain inmates
1002
on community control pursuant to s. 947.1747. For the purposes of
1003
this subsection, a forcible felony does not include manslaughter
1004
or burglary.
1005
(2)(3) The department shall commit not less than 10 percent
1006
of the parole and probation field staff and supporting resources
1007
to the operation of the community control program. Caseloads
1008
should be restricted to a maximum of 25 cases per officer in
1009
order to ensure an adequate level of staffing. Community control
1010
is an individualized program in which the offender is restricted
1011
to noninstitutional quarters or restricted to his or her own
1012
residence subject to an authorized level of limited freedom.
1013
(4) The department shall develop and implement procedures
1014
to diagnose offenders during the prison intake process in order
1015
to recommend to the sentencing courts, during the period of
1016
retained jurisdiction, suitable candidates for placement in a
1017
program of community control.
1018
(5) The Department of Corrections shall develop, or shall
1019
contract for the development of, an implementation manual, a
1020
resource directory, and training programs for implementing
1021
community control programs.
1022
(a)1. The community control implementation manual shall
1023
include, but shall not be limited to, an explanation of the types
1024
of offenders who should be placed in community control programs,
1025
procedures for diagnosing offenders, objectives and goals of such
1026
placements, examples of alternative placements based upon the
1027
experience of other states, and instruction in developing an
1028
individualized program for each offender.
1029
2. An offender's individualized program shall include
1030
diagnosis of treatment needs in the areas of education, substance
1031
abuse, and mental health, as well as community sanction
1032
provisions, restitution and community service provisions,
1033
rehabilitation objectives and programs, and a schedule for
1034
periodic review and reevaluation of such individualized programs.
1035
Individualized programs for offenders who committed controlled
1036
substance violations shall include provision for the conduct of
1037
random substance abuse testing intermittently throughout the term
1038
of supervision, upon the direction of the correctional probation
1039
officer as defined in s. 943.10(3).
1040
(b) The community control resource directory shall include,
1041
but shall not be limited to, for each circuit in the state, an
1042
identification and description of community resources that are
1043
available for the implementation of community control programs,
1044
which resources include the following:
1045
1. The name, address, phone, county location, capacity, and
1046
cost.
1047
2. Client eligibility and characteristics which prohibit
1048
acceptance.
1049
3. The objectives of the program.
1050
4. The primary source of referrals.
1051
5. The average length of stay.
1052
6. The services offered.
1053
(c) Training programs shall be provided for correctional
1054
field staff, local offender advisory councils, and others
1055
responsible for the implementation of community control programs.
1056
(6) The Florida Court Education Council and the office of
1057
the State Courts Administrator shall coordinate the development
1058
and implementation of a reference manual, directory, and training
1059
programs for judges in relation to community control disposition.
1060
(7) Upon written request, when an offender is placed on
1061
community control, the department shall notify:
1062
(a) The original arresting law enforcement agency.
1063
(b) The sheriff or chief law enforcement officer of the
1064
county in which the offender is to be placed.
1065
(c) The chief officer of any local law enforcement agency
1066
within whose jurisdiction the offender is to be placed.
1067
(d) The victim of the offense, the victim's parent or
1068
guardian if the victim is a minor, the lawful representative of
1069
the victim or the victim's parent or guardian if the victim is a
1070
minor, or the next of kin if the victim is a homicide victim.
1071
1072
Such notification shall include the name and street address of
1073
the offender, the length of supervision, and the nature of the
1074
offense. Update notification must be provided with respect to
1075
violation of the terms or conditions of the placement.
1076
(8) If an offender is sentenced to community control by the
1077
court and the offender is ineligible to be placed on community
1078
control as provided in subsection (2), the department shall:
1079
(a) Review and verify whether an ineligible offender was
1080
placed on community control.
1081
(b) Within 30 days after receipt of the order, notify the
1082
sentencing judge, the state attorney, and the Attorney General
1083
that the offender was ineligible for placement on community
1084
control.
1085
(c) Provide a quarterly report to the chief judge and the
1086
state attorney of each circuit citing the number of ineligible
1087
offenders placed on community control within that circuit.
1088
(d) Provide an annual report to the Governor, the President
1089
of the Senate, the Speaker of the House of Representatives, and
1090
the Chief Justice of the Supreme Court on the placement of
1091
ineligible offenders on community control in order to assist in
1092
preparing judicial education programs or for any other purpose.
1093
(3)(9) Procedures governing violations of community control
1094
shall be the same as those described in s. 948.06 with respect to
1095
probation.
1096
(4)(10) Upon completion of the sanctions imposed in the
1097
community control plan before the expiration of the term ordered
1098
by the court, the department may petition the court to discharge
1099
the offender from community control supervision or to return the
1100
offender to a program of regular probation supervision. In
1101
considering the petition, the court should recognize the limited
1102
staff resources committed to the community control program, the
1103
purpose of the program, and the offender's successful compliance
1104
with the conditions set forth in the order of the court.
1105
(11) The Department of Corrections shall:
1106
(a) Develop and maintain a weighted statewide caseload
1107
equalization strategy designed to ensure that high-risk offenders
1108
receive the highest level of supervision; and
1109
(b) Develop and implement a supervision risk assessment
1110
instrument for the community control population which is similar
1111
to the probation risk assessment instrument established by the
1112
National Institute of Justice.
1113
(5)(12) In its annual report to the Governor, the President
1114
of the Senate, and the Speaker of the House of Representatives
1115
under s. 20.315(5), the department shall include a detailed
1116
analysis of the community control program and the department's
1117
specific efforts to protect the public from offenders placed on
1118
community control. The analysis must include, but need not be
1119
limited to, specific information on the department's ability to
1120
meet minimum officer-to-offender contact standards, the number of
1121
crimes committed by offenders on community control, and the level
1122
of community supervision provided.
1123
Section 19. Subsections (1) and (2) of section 958.04,
1124
Florida Statutes, are amended to read:
1125
958.04 Judicial disposition of youthful offenders.--
1126
(1) The court may sentence as a youthful offender any
1127
person:
1128
(a) Who is at least 18 years of age or who has been
1129
transferred for prosecution to the criminal division of the
1130
circuit court pursuant to chapter 985;
1131
(b) Who is found guilty of or who has tendered, and the
1132
court has accepted, a plea of nolo contendere or guilty to a
1133
crime that which is, under the laws of this state, a felony if
1134
the offender is younger than 21 years of age at the time sentence
1135
is imposed such crime was committed before the defendant's 21st
1136
birthday; and
1137
(c) Who has not previously been classified as a youthful
1138
offender under the provisions of this act; however, a no person
1139
who has been found guilty of a capital or life felony may not be
1140
sentenced as a youthful offender under this act.
1141
(2) In lieu of other criminal penalties authorized by law
1142
and notwithstanding any imposition of consecutive sentences, the
1143
court shall dispose of the criminal case as follows:
1144
(a) The court may place a youthful offender under
1145
supervision on probation or in a community control program, with
1146
or without an adjudication of guilt, under such conditions as the
1147
court may lawfully impose for a period of not more than 6 years.
1148
Such period of supervision may shall not exceed the maximum
1149
sentence for the offense for which the youthful offender was
1150
found guilty.
1151
(b) The court may impose a period of incarceration as a
1152
condition of probation or community control, which period of
1153
incarceration shall be served in either a county facility, a
1154
department probation and restitution center, or a community
1155
residential facility that which is owned and operated by any
1156
public or private entity providing such services. A No youthful
1157
offender may not be required to serve a period of incarceration
1158
in a community correctional center as defined in s. 944.026.
1159
Admission to a department facility or center shall be contingent
1160
upon the availability of bed space and shall take into account
1161
the purpose and function of such facility or center. Placement in
1162
such a facility or center may shall not exceed 364 days.
1163
(c) The court may impose a split sentence whereby the
1164
youthful offender is to be placed on probation or community
1165
control upon completion of any specified period of incarceration;
1166
however, if the incarceration period is to be served in a
1167
department facility other than a probation and restitution center
1168
or community residential facility, such period shall be for not
1169
less than 1 year or more than 4 years. The period of probation or
1170
community control shall commence immediately upon the release of
1171
the youthful offender from incarceration. The period of
1172
incarceration imposed or served and the period of probation or
1173
community control, when added together, may shall not exceed 6
1174
years.
1175
(d) The court may commit the youthful offender to the
1176
custody of the department for a period of not more than 6 years,
1177
provided that any such commitment may shall not exceed the
1178
maximum sentence for the offense for which the youthful offender
1179
has been convicted. Successful participation in the youthful
1180
offender program by an offender who is sentenced as a youthful
1181
offender by the court pursuant to this section, or is classified
1182
as such by the department, may result in a recommendation to the
1183
court, by the department, for a modification or early termination
1184
of probation, community control, or the sentence at any time
1185
prior to the scheduled expiration of such term. The department
1186
shall adopt rules defining criteria for successful participation
1187
in the youthful offender program which shall include program
1188
participation, academic and vocational training, and satisfactory
1189
adjustment. When a modification of the sentence results in the
1190
reduction of a term of incarceration, the court may impose a term
1191
of probation or community control which, when added to the term
1192
of incarceration, may shall not exceed the original sentence
1193
imposed.
1194
Section 20. Section 958.11, Florida Statutes, is amended to
1195
read:
1196
958.11 Designation of institutions and programs for
1197
youthful offenders; assignment from youthful offender
1198
institutions and programs.--
1199
(1) The department shall by rule designate separate
1200
institutions and programs for youthful offenders and shall employ
1201
and utilize personnel specially qualified by training and
1202
experience to operate all such institutions and programs for
1203
youthful offenders. Youthful offenders who are at least 14 years
1204
of age but who have not yet reached the age of 19 years at the
1205
time of reception shall be separated from youthful offenders who
1206
are 19 years of age or older, except that if the population of
1207
the facilities designated for 14-year-old to 18-year-old youthful
1208
offenders exceeds 100 percent of lawful capacity, the department
1209
may assign 18-year-old youthful offenders to the 19-24 age group
1210
facility.
1211
(2) Youthful offender institutions and programs shall
1212
contain only those youthful offenders sentenced as such by a
1213
court or classified as such by the department, pursuant to the
1214
requirements of subsections (4) and (6), except that under
1215
special circumstances select adult offenders may be assigned to
1216
youthful offender institutions. Female youthful offenders of all
1217
ages may continue to be housed together at those institutions
1218
designated by department rule Florida Correctional Institution
1219
and Broward Correctional Institution until such time as
1220
institutions for a female youthful offenders are offender
1221
institution is established or adapted to allow for separation by
1222
age and to accommodate all custody classifications.
1223
(3) The department may assign a youthful offender to a
1224
facility in the state correctional system which is not designated
1225
for the care, custody, control, and supervision of youthful
1226
offenders or an age group only in the following circumstances:
1227
(a) If the youthful offender is convicted of a new crime
1228
which is a felony under the laws of this state.
1229
(b) If the youthful offender becomes such a serious
1230
management or disciplinary problem resulting from serious
1231
violations of the rules of the department that his or her
1232
original assignment would be detrimental to the interests of the
1233
program and to other inmates committed thereto.
1234
(c) If the youthful offender needs medical treatment,
1235
health services, or other specialized treatment otherwise not
1236
available at the youthful offender facility.
1237
(d) If the department determines that the youthful offender
1238
should be transferred outside of the state correctional system,
1239
as provided by law, for services not provided by the department.
1240
(e) If bed space is not available in a designated community
1241
residential facility, the department may assign a youthful
1242
offender to a community residential facility, provided that the
1243
youthful offender is separated from other offenders insofar as is
1244
practical.
1245
(f) If the youthful offender was originally assigned to a
1246
facility designated for 14-year-old to 18-year-old youthful
1247
offenders, but subsequently reaches the age of 19 years, the
1248
department may retain the youthful offender in the facility if
1249
the department determines that it is in the best interest of the
1250
youthful offender and the department.
1251
(g) If the department determines that a youthful offender
1252
originally assigned to a facility designated for the 19-24 age
1253
group is mentally or physically vulnerable by such placement, the
1254
department may reassign a youthful offender to a facility
1255
designated for the 14-18 age group if the department determines
1256
that a reassignment is necessary to protect the safety of the
1257
youthful offender or the institution.
1258
(h) If the department determines that a youthful offender
1259
originally assigned to a facility designated for the 14-18 age
1260
group is disruptive, incorrigible, or uncontrollable, the
1261
department may reassign a youthful offender to a facility
1262
designated for the 19-24 age group if the department determines
1263
that a reassignment would best serve the interests of the
1264
youthful offender and the department.
1265
(4) The department Office of the Assistant Secretary for
1266
Youthful Offenders shall continuously screen all institutions,
1267
facilities, and programs for any inmate who meets the eligibility
1268
requirements for youthful offender designation specified in s.
1269
958.04(1)(a) and (c) whose age does not exceed 24 years and whose
1270
total length of sentence does not exceed 10 years, and the
1271
department may classify and assign as a youthful offender any
1272
inmate who meets the criteria of this subsection.
1273
(5) The department Population Movement and Control
1274
Coordinator shall coordinate all youthful offender assignments or
1275
transfers and shall consult with the Office of the Assistant
1276
Secretary for Youthful Offenders. The Office of the Assistant
1277
Secretary for Youthful Offenders shall review and maintain access
1278
to full and complete documentation and substantiation of all such
1279
assignments or transfers of youthful offenders to or from
1280
facilities in the state correctional system which are not
1281
designated for their care, custody, and control, except
1282
assignments or transfers made pursuant to paragraph (3)(c).
1283
(6) The department may assign to a youthful offender
1284
facility any inmate, except a capital or life felon, whose age
1285
does not exceed 19 years but who does not otherwise meet the
1286
criteria of this section, if the department Assistant Secretary
1287
for Youthful Offenders determines that such inmate's mental or
1288
physical vulnerability would substantially or materially
1289
jeopardize his or her safety in a nonyouthful offender facility.
1290
Assignments made under this subsection shall be included in the
1291
department's annual report.
1292
Section 21. Section 958.12, Florida Statutes, is amended to
1293
read:
1294
958.12 Participation in certain activities required.--
1295
(1) A youthful offender shall be required to participate in
1296
work assignments, and in career, academic, counseling, and other
1297
rehabilitative programs in accordance with this section,
1298
including, but not limited to:
1299
(a) All youthful offenders may be required, as appropriate,
1300
to participate in:
1301
1. Reception and orientation.
1302
2. Evaluation, needs assessment, and classification.
1303
3. Educational programs.
1304
4. Career and job training.
1305
5. Life and socialization skills training, including
1306
anger/aggression control.
1307
6. Prerelease orientation and planning.
1308
7. Appropriate transition services.
1309
(b) In addition to the requirements in paragraph (a), the
1310
department shall make available:
1311
1. Religious services and counseling.
1312
2. Social services.
1313
3. Substance abuse treatment and counseling.
1314
4. Psychological and psychiatric services.
1315
5. Library services.
1316
6. Medical and dental health care.
1317
7. Athletic, recreational, and leisure time activities.
1318
8. Mail and visiting privileges.
1319
1320
Income derived by a youthful offender from participation in such
1321
activities may be used, in part, to defray a portion of the costs
1322
of his or her incarceration or supervision; to satisfy
1323
preexisting obligations; to pay fines, counseling fees, or other
1324
costs lawfully imposed; or to pay restitution to the victim of
1325
the crime for which the youthful offender has been convicted in
1326
an amount determined by the sentencing court. Any such income not
1327
used for such reasons or not used as provided in s. 946.513 or s.
1328
958.09 shall be placed in a bank account for use by the youthful
1329
offender upon his or her release.
1330
(2) A comprehensive transition and postrelease plan shall
1331
be developed for the youthful offender by a team consisting of a
1332
transition assistance officer, a classification officer, an
1333
educational representative, a health services administrator, a
1334
probation and parole officer, and the youthful offender.
1335
(3) A youthful offender shall be visited by a probation and
1336
parole officer prior to the offender's release from incarceration
1337
in order to assist in the youthful offender's transition.
1338
(3)(4) Community partnerships shall be developed by the
1339
department to provide postrelease community resources. The
1340
department shall develop partnerships with entities that which
1341
include, but are not limited to, state agencies the Department of
1342
Labor and Employment Security, the Department of Children and
1343
Family Services, community health agencies, private agencies, and
1344
school systems.
1345
(4)(5) If supervision of the youthful offender after
1346
release from incarceration is required, this and may be
1347
accomplished in a residential or nonresidential program or,
1348
intensive day treatment, or through supervision by a correctional
1349
probation and parole officer.
1350
Section 22. This act shall take effect October 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.