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

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

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

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775.082, s. 775.083, or s. 775.084.

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     Section 8.  Subsections (1) and (5) of section 945.41,

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Florida Statutes, are amended to read:

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

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

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945.40-945.49, the following terms shall have the meanings

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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

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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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     (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

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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

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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.

497

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

498

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

499

care that is more intensive than outpatient care, but less

500

intensive than crisis stabilization care, and is characterized by

501

the provision of traditional mental health treatments such as

502

group and individual therapy, activity therapy, recreational

503

therapy, and psychotropic medications chemotherapy, in the

504

context of a structured residential setting. Transitional mental

505

health care is indicated for a person with chronic or residual

506

symptomatology who does not require crisis stabilization care or

507

acute psychiatric care at the hospital level, but whose

508

impairment impairments in functioning nevertheless renders render

509

him or her incapable of adjusting satisfactorily within the

510

general inmate population, even with the assistance of outpatient

511

care.

512

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

513

facility or his or her designee.

514

     Section 10.  Section 945.43, Florida Statutes, is amended to

515

read:

516

     945.43  Admission of inmate to mental health treatment

517

facility.--

518

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

519

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.

606

945.40-945.49.

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

669

ss. 120.569 and 120.57(1).

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

675

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

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.

684

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

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

736

provisions of ss. 945.40-945.49.; or

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

928

to ss. 945.40-945.49.

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.

932

945.40-945.49 in accordance with chapter 120.

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.