Florida Senate - 2008 CS for CS for CS for SB 1614

By the Committees on Judiciary; Children, Families, and Elder Affairs; Criminal Justice; Criminal Justice

590-06976-08 20081614c3

A bill to be entitled

An act relating to the Department of Corrections; amending

s. 120.57, F.S.; authorizing administrative law judges to

appoint private pro bono attorneys in the continued

placement hearings of inmates; amending s. 921.187, F.S.;

deleting certain provisions limiting circumstances under

which an offender may be placed in community control;

amending s. 940.061, F.S.; specifying that the Department

of Corrections meets its statutory obligation to assist

released offenders with completing the application for the

restoration of civil rights by sending an electronic list

to the Parole Commission each month of those inmates and

offenders who were released from incarceration or

terminated from supervision during the preceding month;

amending s. 943.16, F.S.; eliminating provisions requiring

that a law enforcement officer reimburse the employing

agency for wages and benefits paid by the employing agency

if the officer terminates employment before the end of a

2-year commitment period; eliminating wages and benefits

from the costs that employing agencies may recover;

eliminating the definition of the term "academy training

period"; amending s. 944.1905, F.S.; authorizing the

department to assign certain inmates younger than 18 years

of age to a facility for youthful offenders until the

inmate reaches a specified age; deleting provisions

requiring that certain offenders younger than 18 years of

age be housed and provided certain services separately

from older offenders or placed in a facility for youthful

offenders; amending s. 944.293, F.S.; specifying that the

Department of Corrections meets its statutory obligation

to assist released offenders with completing the

application for the restoration of civil rights by sending

an electronic list to the Parole Commission each month of

those inmates and offenders who were released from

incarceration or terminated from supervision during the

preceding month; amending s. 944.47, F.S.; providing that

a cellular telephone or other portable communication

device that is introduced inside the secure perimeter of a

state correctional institution without prior authorization

is contraband; prohibiting an inmate or other person upon

the grounds of the institution from possessing such

contraband without authorization; providing a definition;

providing criminal penalties; amending s. 945.41, F.S.;

eliminating a requirement that the Department of

Corrections contract with the Department of Children and

Family Services to provide certain mental health services;

authorizing the Department of Corrections to contract with

other entities or persons to provide mental health

services to inmates; amending s. 945.42, F.S.; revising

definitions and defining the term "crisis stabilization

care"; amending s. 945.43, F.S.; revising the procedures

for placing an inmate in a mental health treatment

facility; authorizing the court to waive the presence of

the inmate at the hearing on the inmate's placement;

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

placement of an inmate in a mental health treatment

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

provisions governing the continued placement of an inmate

in a mental health treatment facility; authorizing

administrative law judges to appoint private pro bono

attorneys to represent inmates in continued placement

hearings; providing that the administrative law judge may

waive the presence of the inmate at the hearing under

certain conditions; amending s. 945.46, F.S.; authorizing

the warden to initiate procedures for the involuntary

examination of an inmate who has a mental illness and

meets certain criteria; amending s. 945.47, F.S.;

providing for the transfer of an inmate who is no longer

in need of mental health treatment; deleting certain

provisions governing involuntary placement; requiring that

a summary of the inmate's treatment be provided to the

Parole Commission and the Department of Children and

Family Services upon request; amending s. 945.48, F.S.;

revising the procedure for the involuntary mental health

treatment of an inmate; providing for the warden of the

institution containing the mental health treatment

facility to petition the circuit court for an order

authorizing involuntary treatment; providing requirements

for the hearing on involuntary treatment; limiting the

period that an order authorizing involuntary treatment is

effective; providing a procedure for emergency treatment;

amending s. 945.49, F.S.; deleting a provision requiring

that training provided to correctional officers employed

by a mental health treatment facility be in accordance

with the requirements of the Criminal Justice Standards

and Training Commission; amending s. 948.01, F.S.;

deleting certain provisions limiting circumstances under

which an offender may be placed in community control;

amending s. 948.10, F.S.; deleting a requirement that

community control programs and manuals be developed in

consultation with the Florida Conference of Circuit Court

Judges and the State Courts Administrator; deleting

requirements for the department in developing and

implementing community control programs, resource

directories, and training programs; deleting a requirement

for the Florida Court Education Council and the State

Courts Administrator to coordinate certain resources for

judges pertaining to community control; eliminating

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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or chapter 958, the department shall assign to facilities housing

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youthful offenders specific correctional facilities all inmates

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

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and have not been assigned to a facility for youthful offenders

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under the provisions of chapter 958. Such an inmate shall be

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assigned to a facility for youthful offenders until the inmate is

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18 years of age; however, the department may assign the inmate to

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a facility for youthful offenders until the inmate reaches an age

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not to exceed 21 years if the department determines that the

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continued assignment is in the best interests of the inmate and

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the assignment does not pose an unreasonable risk to other

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inmates in the facility. Any such inmate who is less than 18

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years of age shall be housed in a dormitory that is separate from

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inmates who are 18 years of age or older. Furthermore, the

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department shall provide any food service, education, and

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recreation for such inmate separately from inmates who are 18

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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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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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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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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.

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

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

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care that is more intensive than outpatient care, but less

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intensive than crisis stabilization care, and is characterized by

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the provision of traditional mental health treatments such as

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group and individual therapy, activity therapy, recreational

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therapy, and psychotropic medications chemotherapy, in the

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context of a structured residential setting. Transitional mental

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health care is indicated for a person with chronic or residual

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symptomatology who does not require crisis stabilization care or

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acute psychiatric care at the hospital level, but whose

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impairment impairments in functioning nevertheless renders render

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him or her incapable of adjusting satisfactorily within the

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general inmate population, even with the assistance of outpatient

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care.

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

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facility or his or her designee.

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

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read:

522

945.43 Admission of inmate to mental health treatment

523

facility.--

524

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

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

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

527

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

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TREATMENT FACILITY.--

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

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facility after notice and hearing, upon the recommendation of the

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

532

director. The recommendation shall be entered on a petition

533

certificate and must be supported by the expert opinion of a

534

psychiatrist and the second opinion of a psychiatrist or

535

psychological professional psychologist. The petition certificate

536

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

537

located and shall serve as a petition for a hearing regarding

538

placement.

539

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

540

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

541

the inmate's representatives, accompanied by:

542

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

543

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

544

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

545

she has previously waived such a hearing.

546

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

547

signature of the inmate or the inmate's representative for

548

completion.

549

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

550

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

551

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

552

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

553

representative may apply immediately to the court to have an

554

attorney appointed if the inmate cannot afford one.

555

556

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

557

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

558

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

559

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

560

the hearing.

561

(d) An attorney representing the inmate shall have access

562

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

563

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

564

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

565

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

566

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

567

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

568

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

569

However, the inmate may be immediately transferred to and

570

admitted at a mental health treatment facility by executing a

571

waiver of the hearing by express and informed consent, without

572

awaiting the court order. The court shall authorize the mental

573

health treatment facility to retain the inmate for up to 6

574

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

575

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

576

Administrative Hearings in accordance with s. 945.45 court for an

577

order authorizing continued placement.

578

(3) PROCEDURE FOR HEARING ON PLACEMENT TRANSFER OF AN

579

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

580

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

581

representative files a petition for a hearing after having waived

582

it,

583

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

584

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

585

allegedly mentally ill inmate. The notice must shall specify the

586

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

587

allegation of mental illness; and the names of the examining

588

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

589

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

590

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

591

waiver is consistent with the best interests of the inmate and

592

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

593

informal as is consistent with orderly procedure. One of the

594

experts whose opinion supported the petition for placement

595

recommendation shall be present at the hearing for information

596

purposes.

597

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

598

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

599

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

600

transferred to a mental health treatment facility and provided

601

appropriate treatment. The court shall provide a copy of its

602

order authorizing placement transfer and all supporting

603

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

604

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

605

mentally ill, it shall dismiss the petition for placement

606

transfer.

607

(4) REFUSAL OF PLACEMENT ADMISSION; WHEN REFUSAL

608

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

609

treatment facility is located may refuse to place admit any

610

inmate in that treatment facility who is not accompanied by

611

adequate court orders and documentation, as required in ss.

612

945.40-945.49.

613

Section 11. Section 945.44, Florida Statutes, is amended to

614

read:

615

945.44 Emergency placement admission of inmate in a to

616

mental health treatment facility.--

617

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

618

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

619

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

620

945.42(5).

621

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

622

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

623

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

624

is confined may be placed in admitted to a mental health

625

treatment facility on an emergency basis. The inmate may be

626

placed transferred immediately in a mental health treatment to

627

the facility and shall be accompanied by the recommendation of

628

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

629

recommendation must shall state the need for the emergency

630

placement transfer and shall include a written opinion of a

631

physician verifying the need for the emergency placement

632

transfer. Upon the emergency placement the admission of the

633

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

634

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

635

warden shall initiate proceedings for placement of the inmate, as

636

described in s. 945.43(2).

637

Section 12. Section 945.45, Florida Statutes, is amended to

638

read:

639

945.45 Procedure for continued placement of inmates in a

640

mental health treatment facility.--

641

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

642

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

643

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

644

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

645

MENTAL HEALTH TREATMENT FACILITY.--

646

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

647

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

648

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

649

petition with the Division of Administrative Hearings for request

650

an order authorizing continued placement. The petition must This

651

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

652

physician justifying the petition request and providing a brief

653

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

654

been placed. In addition, the warden shall submit an

655

individualized plan for the inmate for whom he or she is

656

requesting continued placement. The inmate may remain in a mental

657

health treatment facility pending a hearing after the timely

658

filing of the petition.

659

(b) Notification of this request for retention shall be

660

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

661

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

662

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

663

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

664

and shall state that the inmate is entitled to an administrative

665

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

666

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

667

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

668

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

669

criteria for continued placement, he or she will be transferred

670

out of the mental health treatment facility to another facility

671

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

672

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

673

waiver within 15 days, the administrative law judge shall notice

674

a hearing with regard to the inmate involved in accordance with

675

ss. 120.569 and 120.57(1).

676

(3) PROCEDURE FOR HEARING ON CONTINUED PLACEMENT OF AN

677

INMATE IN A MENTAL HEALTH TREATMENT FACILITY.--

678

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

679

of an inmate in a mental health treatment facility is an

680

administrative hearing and shall be conducted in accordance with

681

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

682

administrative law judge is final and subject to judicial review

683

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

684

be assigned by the Division of Administrative Hearings to conduct

685

hearings for continued placement.

686

(b) The administrative law judge may appoint a private pro

687

bono attorney in the circuit in which the treatment facility is

688

located to represent the inmate.

689

690

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

691

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

692

object.

693

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

694

administrative law judge finds that the inmate no longer meets

695

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

696

the inmate be transferred out of the mental health treatment

697

facility to another facility of the department.

698

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

699

administrative law judge finds that the inmate is in need of

700

continued placement treatment, the administrative law judge shall

701

enter an order authorizing such continued placement treatment for

702

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

703

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

704

that the inmate is retained in the mental health treatment

705

facility.

706

(4) Hearings on requests for orders authorizing continued

707

placement filed in accordance with this section shall be

708

conducted in accordance with the provisions of ss. 120.569 and

709

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

710

law judge shall be final and subject to judicial review in

711

accordance with s. 120.68.

712

Section 13. Section 945.46, Florida Statutes, is amended to

713

read:

714

945.46 Initiation of involuntary placement proceedings with

715

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

716

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

717

in the department is scheduled for release through expiration of

718

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

719

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

720

warden is authorized to initiate procedures for involuntary

721

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

722

to such release.

723

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

724

involuntary examination pursuant to s. 394.463 for any inmate who

725

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

726

Section 14. Section 945.47, Florida Statutes, is amended to

727

read:

728

945.47 Discharge of inmate from mental health treatment.--

729

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

730

mental health treatment shall be discharged from treatment by the

731

warden under the following conditions:

732

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

733

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

734

transferred out of the mental health treatment facility and

735

provided with appropriate mental health services to another

736

institution in the department; or

737

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

738

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

739

transferred to another institution in the department and provided

740

appropriate outpatient and aftercare services;

741

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

742

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

743

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

744

recommendation for outpatient treatment, pursuant to the

745

provisions of ss. 945.40-945.49.; or

746

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

747

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

748

the warden shall initiate proceedings for involuntary placement,

749

pursuant to s. 394.467.

750

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

751

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

752

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

753

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

754

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

755

the court of clear and convincing evidence that the inmate is

756

manifestly dangerous to himself or herself or others. The need

757

for such placement shall be reviewed by facility staff every 90

758

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

759

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

760

involuntary placement shall be notified.

761

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

762

health treatment while in the custody of the department becomes

763

eligible for release under supervision or upon end of sentence on

764

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

765

may shall be provided to the Parole Commission and to the

766

Department of Children and Family Services upon request. The

767

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

768

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

769

history, prognosis, prescribed medication, and treatment plan,

770

and recommendations for aftercare services. In the event that the

771

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

772

parole officer who shall assist the inmate in applying for

773

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

774

application for treatment and continuation of treatment by the

775

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

776

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

777

may be a basis for initiation of parole violation hearings.

778

Section 15. Section 945.48, Florida Statutes, is amended to

779

read:

780

945.48 Rights of inmates inmate provided mental health

781

treatment; procedure for involuntary treatment.--

782

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

783

health treatment facility has the right to receive treatment that

784

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

785

a humane psychological environment. Such treatment shall be

786

administered skillfully, safely, and humanely with respect for

787

the inmate's dignity and personal integrity.

788

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

789

provided psychiatric treatment within the department shall be

790

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

791

such treatment. "Express and informed written consent" or

792

"consent" means consent voluntarily given in writing after a

793

conscientious and sufficient explanation and disclosure of the

794

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

795

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

796

the alternative treatment available. The explanation shall enable

797

the inmate to make a knowing and willful decision without any

798

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

799

constraint or coercion.

800

(3) PROCEDURE FOR INVOLUNTARY TREATMENT OF

801

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

802

refuses treatment that is deemed to be necessary for the

803

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

804

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

805

institution authorized to do so by the Assistant Secretary for

806

Health Services under the following circumstances:

807

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

808

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

809

such treatment may be provided upon the written order of a

810

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

811

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

812

not given express and informed consent to the treatment initially

813

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

814

and legal holidays, petition the circuit court serving the county

815

in which the facility is located for an order authorizing the

816

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

817

be continued upon the written order of a physician who has

818

determined that the emergency situation continues to present a

819

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

820

be isolated for mental health purposes, that decision must be

821

reviewed within 72 hours by medical staff different from that

822

making the original placement.

823

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

824

warden of the institution containing the mental health treatment

825

facility shall petition the circuit court serving the county in

826

which the mental health treatment facility is located for an

827

order authorizing the treatment of the inmate. The inmate shall

828

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

829

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

830

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

831

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

832

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

833

appoint the office of the public defender or private counsel

834

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

835

An attorney representing the inmate shall have access to the

836

inmate and any records, including medical or mental health

837

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

838

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

839

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

840

in writing that the inmate has provided express and informed

841

consent in writing, that the inmate has been transferred to

842

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

843

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

844

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

845

order authorizing the continuation of treatment for another 90-

846

day period. This procedure shall be repeated until the inmate

847

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

848

may be continued pending a hearing after the filing of any

849

petition.

850

(4) PROCEDURE FOR THE HEARING ON INVOLUNTARY TREATMENT OF

851

AN INMATE.--

852

(a) The hearing on the petition for involuntary treatment

853

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

854

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

855

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

856

examine witnesses testifying on behalf of the facility, and may

857

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

858

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

859

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

860

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

861

opinion supported the petition shall appear as a witness at the

862

hearing.

863

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

864

should authorize treatment for which an inmate has refused to

865

give express and informed consent, the court shall determine by

866

clear and convincing evidence whether the inmate is mentally ill

867

as defined in this chapter; whether such treatment is essential

868

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

869

experimental or presents an unreasonable risk of serious,

870

hazardous, or irreversible side effects. In arriving at the

871

substitute judgment decision, the court must consider at least

872

the following:

873

1. The inmate's expressed preference regarding treatment;

874

2. The probability of adverse side effects;

875

3. The prognosis for the inmate without treatment; and

876

4. The prognosis for the inmate with treatment.

877

878

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

879

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

880

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

881

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

882

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

883

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

884

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

885

facility, and may present his or her own witnesses.

886

887

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

888

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

889

the inmate has provided express and informed consent in writing,

890

that the inmate has been transferred to another institution of

891

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

892

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

893

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

894

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

895

procedure shall be repeated until the inmate provides express and

896

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

897

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

898

petition.

899

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

900

situation in which there is immediate danger to the health and

901

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

902

provided at a mental health treatment facility upon the written

903

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

904

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

905

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

906

the treatment initially refused, the warden shall, within 48

907

hours, excluding weekends and legal holidays, petition the

908

circuit court, in accordance with the procedures described in

909

this section, for an order authorizing the continued treatment of

910

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

911

written order of a physician who has determined that the

912

emergency situation continues to present a danger to the safety

913

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

914

health purposes, that decision must be reviewed within 72 hours

915

by a different psychological professional or a physician other

916

than the one making the original placement.

917

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

918

provisions of this section for mental health treatment, when the

919

consent permission of the inmate cannot be obtained, the warden

920

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

921

representative, with the concurrence of the inmate's attending

922

physician, may authorize emergency surgical or nonpsychiatric

923

medical treatment if such treatment is deemed lifesaving or there

924

is a situation threatening serious bodily harm to the inmate.

925

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

926

treatment shall be subject to the same standards applied to other

927

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

928

consideration for parole, release by reason of gain-time

929

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

930

expiration of sentence.

931

Section 16. Section 945.49, Florida Statutes, is amended to

932

read:

933

945.49 Operation and administration.--

934

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

935

contract with the appropriate entities, agencies, persons, and

936

local governing bodies to provide mental health services pursuant

937

to ss. 945.40-945.49.

938

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

939

Health Program Office of the Department of Children and Family

940

Services, shall adopt rules necessary for administration of ss.

941

945.40-945.49 in accordance with chapter 120.

942

(3) ORIENTATION AND TRAINING.--Correctional officers

943

employed by a mental health treatment facility shall receive

944

specialized training above and beyond that required for basic

945

certification pursuant to chapter 943. Such training shall be in

946

accordance with requirements of the Criminal Justice Standards

947

and Training Commission.

948

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

949

treatment shall be subject to the same standards applied to other

950

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

951

consideration for parole, release by reason of gain-time

952

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

953

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

954

administrative law judges shall be assigned by the Division of

955

Administrative Hearings to conduct hearings for continued

956

placement.

957

Section 17. Paragraph (c) of subsection (3) of section

958

948.01, Florida Statutes, is amended to read:

959

948.01 When court may place defendant on probation or into

960

community control.--

961

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

962

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

963

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

964

disposition that probation is an unsuitable dispositional

965

alternative to imprisonment, the court may place the offender in

966

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

967

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

968

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

969

may, within the period of its retained jurisdiction following

970

commitment, suspend the further execution of the disposition and

971

place the offender in a community control program upon such terms

972

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

973

offender advisory council pursuant to s. 948.90 with respect to

974

the placement of an offender into community control. Not later

975

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

976

department shall forward to the court all relevant material on

977

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

978

alternative to incarceration is utilized, the court shall:

979

980

pursuant to s. 948.10(7).

981

Section 18. Section 948.10, Florida Statutes, is amended to

982

read:

983

948.10 Community control programs.--

984

(1) The Department of Corrections shall develop and

985

administer a community control program. Such community control

986

program and required manuals shall be developed in consultation

987

with the Florida Conference of Circuit Court Judges and the

988

office of the State Courts Administrator. This complementary

989

program shall be rigidly structured and designed to accommodate

990

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

991

incarcerated. The program shall focus on the provision of

992

sanctions and consequences which are commensurate with the

993

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

994

the Parole Commission an alternative, community-based method to

995

punish an offender in lieu of incarceration when the offender is

996

a member of one of the following target groups:

997

(a) Probation violators charged with technical violations

998

or misdemeanor violations.

999

(b) Parole violators charged with technical violations or

1000

misdemeanor violations.

1001

1002

criminal backgrounds or the seriousness of the offenses, would

1003

not be placed on regular probation.

1004

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

1005

(a) Convicted of or adjudication withheld for a forcible

1006

felony as defined in s. 776.08, and

1007

(b) Previously convicted of or adjudication withheld for a

1008

forcible felony as defined in s. 776.08.

1009

1010

Nothing in this subsection prohibits placement of certain inmates

1011

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

1012

this subsection, a forcible felony does not include manslaughter

1013

or burglary.

1014

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

1015

of the parole and probation field staff and supporting resources

1016

to the operation of the community control program. Caseloads

1017

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

1018

order to ensure an adequate level of staffing. Community control

1019

is an individualized program in which the offender is restricted

1020

to noninstitutional quarters or restricted to his or her own

1021

residence subject to an authorized level of limited freedom.

1022

(4) The department shall develop and implement procedures

1023

to diagnose offenders during the prison intake process in order

1024

to recommend to the sentencing courts, during the period of

1025

retained jurisdiction, suitable candidates for placement in a

1026

program of community control.

1027

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

1028

contract for the development of, an implementation manual, a

1029

resource directory, and training programs for implementing

1030

community control programs.

1031

(a)1. The community control implementation manual shall

1032

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

1033

of offenders who should be placed in community control programs,

1034

procedures for diagnosing offenders, objectives and goals of such

1035

placements, examples of alternative placements based upon the

1036

experience of other states, and instruction in developing an

1037

individualized program for each offender.

1038

2. An offender's individualized program shall include

1039

diagnosis of treatment needs in the areas of education, substance

1040

abuse, and mental health, as well as community sanction

1041

provisions, restitution and community service provisions,

1042

rehabilitation objectives and programs, and a schedule for

1043

periodic review and reevaluation of such individualized programs.

1044

Individualized programs for offenders who committed controlled

1045

substance violations shall include provision for the conduct of

1046

random substance abuse testing intermittently throughout the term

1047

of supervision, upon the direction of the correctional probation

1048

officer as defined in s. 943.10(3).

1049

(b) The community control resource directory shall include,

1050

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

1051

identification and description of community resources that are

1052

available for the implementation of community control programs,

1053

which resources include the following:

1054

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

1055

cost.

1056

2. Client eligibility and characteristics which prohibit

1057

acceptance.

1058

3. The objectives of the program.

1059

4. The primary source of referrals.

1060

5. The average length of stay.

1061

6. The services offered.

1062

1063

field staff, local offender advisory councils, and others

1064

responsible for the implementation of community control programs.

1065

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

1066

the State Courts Administrator shall coordinate the development

1067

and implementation of a reference manual, directory, and training

1068

programs for judges in relation to community control disposition.

1069

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

1070

community control, the department shall notify:

1071

(a) The original arresting law enforcement agency.

1072

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

1073

county in which the offender is to be placed.

1074

1075

within whose jurisdiction the offender is to be placed.

1076

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

1077

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

1078

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

1079

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

1080

1081

Such notification shall include the name and street address of

1082

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

1083

offense. Update notification must be provided with respect to

1084

violation of the terms or conditions of the placement.

1085

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

1086

court and the offender is ineligible to be placed on community

1087

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

1088

(a) Review and verify whether an ineligible offender was

1089

placed on community control.

1090

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

1091

sentencing judge, the state attorney, and the Attorney General

1092

that the offender was ineligible for placement on community

1093

control.

1094

1095

state attorney of each circuit citing the number of ineligible

1096

offenders placed on community control within that circuit.

1097

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

1098

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

1099

the Chief Justice of the Supreme Court on the placement of

1100

ineligible offenders on community control in order to assist in

1101

preparing judicial education programs or for any other purpose.

1102

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

1103

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

1104

probation.

1105

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

1106

community control plan before the expiration of the term ordered

1107

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

1108

the offender from community control supervision or to return the

1109

offender to a program of regular probation supervision. In

1110

considering the petition, the court should recognize the limited

1111

staff resources committed to the community control program, the

1112

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

1113

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

1114

(11) The Department of Corrections shall:

1115

(a) Develop and maintain a weighted statewide caseload

1116

equalization strategy designed to ensure that high-risk offenders

1117

receive the highest level of supervision; and

1118

(b) Develop and implement a supervision risk assessment

1119

instrument for the community control population which is similar

1120

to the probation risk assessment instrument established by the

1121

National Institute of Justice.

1122

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

1123

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

1124

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

1125

analysis of the community control program and the department's

1126

specific efforts to protect the public from offenders placed on

1127

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

1128

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

1129

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

1130

crimes committed by offenders on community control, and the level

1131

of community supervision provided.

1132

Section 19. Subsections (1) and (2) of section 958.04,

1133

Florida Statutes, are amended to read:

1134

958.04 Judicial disposition of youthful offenders.--

1135

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

1136

person:

1137

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

1138

transferred for prosecution to the criminal division of the

1139

circuit court pursuant to chapter 985;

1140

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

1141

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

1142

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

1143

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

1144

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

1145

birthday; and

1146

1147

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

1148

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

1149

sentenced as a youthful offender under this act.

1150

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

1151

and notwithstanding any imposition of consecutive sentences, the

1152

court shall dispose of the criminal case as follows:

1153

(a) The court may place a youthful offender under

1154

supervision on probation or in a community control program, with

1155

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

1156

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

1157

Such period of supervision may shall not exceed the maximum

1158

sentence for the offense for which the youthful offender was

1159

found guilty.

1160

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

1161

condition of probation or community control, which period of

1162

incarceration shall be served in either a county facility, a

1163

department probation and restitution center, or a community

1164

residential facility that which is owned and operated by any

1165

public or private entity providing such services. A No youthful

1166

offender may not be required to serve a period of incarceration

1167

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

1168

Admission to a department facility or center shall be contingent

1169

upon the availability of bed space and shall take into account

1170

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

1171

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

1172

1173

youthful offender is to be placed on probation or community

1174

control upon completion of any specified period of incarceration;

1175

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

1176

department facility other than a probation and restitution center

1177

or community residential facility, such period shall be for not

1178

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

1179

community control shall commence immediately upon the release of

1180

the youthful offender from incarceration. The period of

1181

incarceration imposed or served and the period of probation or

1182

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

1183

years.

1184

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

1185

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

1186

provided that any such commitment may shall not exceed the

1187

maximum sentence for the offense for which the youthful offender

1188

has been convicted. Successful participation in the youthful

1189

offender program by an offender who is sentenced as a youthful

1190

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

1191

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

1192

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

1193

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

1194

prior to the scheduled expiration of such term. The department

1195

shall adopt rules defining criteria for successful participation

1196

in the youthful offender program which shall include program

1197

participation, academic and vocational training, and satisfactory

1198

adjustment. When a modification of the sentence results in the

1199

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

1200

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

1201

of incarceration, may shall not exceed the original sentence

1202

imposed.

1203

Section 20. Section 958.11, Florida Statutes, is amended to

1204

read:

1205

958.11 Designation of institutions and programs for

1206

youthful offenders; assignment from youthful offender

1207

institutions and programs.--

1208

(1) The department shall by rule designate separate

1209

institutions and programs for youthful offenders and shall employ

1210

and utilize personnel specially qualified by training and

1211

experience to operate all such institutions and programs for

1212

youthful offenders. Youthful offenders who are at least 14 years

1213

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

1214

time of reception shall be separated from youthful offenders who

1215

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

1216

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

1217

offenders exceeds 100 percent of lawful capacity, the department

1218

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

1219

facility.

1220

(2) Youthful offender institutions and programs shall

1221

contain only those youthful offenders sentenced as such by a

1222

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

1223

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

1224

special circumstances select adult offenders may be assigned to

1225

youthful offender institutions. Female youthful offenders of all

1226

ages may continue to be housed together at those institutions

1227

designated by department rule Florida Correctional Institution

1228

and Broward Correctional Institution until such time as

1229

institutions for a female youthful offenders are offender

1230

institution is established or adapted to allow for separation by

1231

age and to accommodate all custody classifications.

1232

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

1233

facility in the state correctional system which is not designated

1234

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

1235

offenders or an age group only in the following circumstances:

1236

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

1237

which is a felony under the laws of this state.

1238

(b) If the youthful offender becomes such a serious

1239

management or disciplinary problem resulting from serious

1240

violations of the rules of the department that his or her

1241

original assignment would be detrimental to the interests of the

1242

program and to other inmates committed thereto.

1243

1244

health services, or other specialized treatment otherwise not

1245

available at the youthful offender facility.

1246

(d) If the department determines that the youthful offender

1247

should be transferred outside of the state correctional system,

1248

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

1249

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

1250

residential facility, the department may assign a youthful

1251

offender to a community residential facility, provided that the

1252

youthful offender is separated from other offenders insofar as is

1253

practical.

1254

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

1255

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

1256

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

1257

department may retain the youthful offender in the facility if

1258

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

1259

youthful offender and the department.

1260

(g) If the department determines that a youthful offender

1261

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

1262

group is mentally or physically vulnerable by such placement, the

1263

department may reassign a youthful offender to a facility

1264

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

1265

that a reassignment is necessary to protect the safety of the

1266

youthful offender or the institution.

1267

(h) If the department determines that a youthful offender

1268

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

1269

group is disruptive, incorrigible, or uncontrollable, the

1270

department may reassign a youthful offender to a facility

1271

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

1272

that a reassignment would best serve the interests of the

1273

youthful offender and the department.

1274

(4) The department Office of the Assistant Secretary for

1275

Youthful Offenders shall continuously screen all institutions,

1276

facilities, and programs for any inmate who meets the eligibility

1277

requirements for youthful offender designation specified in s.

1278

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

1279

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

1280

department may classify and assign as a youthful offender any

1281

inmate who meets the criteria of this subsection.

1282

(5) The department Population Movement and Control

1283

Coordinator shall coordinate all youthful offender assignments or

1284

transfers and shall consult with the Office of the Assistant

1285

Secretary for Youthful Offenders. The Office of the Assistant

1286

Secretary for Youthful Offenders shall review and maintain access

1287

to full and complete documentation and substantiation of all such

1288

assignments or transfers of youthful offenders to or from

1289

facilities in the state correctional system which are not

1290

designated for their care, custody, and control, except

1291

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

1292

(6) The department may assign to a youthful offender

1293

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

1294

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

1295

criteria of this section, if the department Assistant Secretary

1296

for Youthful Offenders determines that such inmate's mental or

1297

physical vulnerability would substantially or materially

1298

jeopardize his or her safety in a nonyouthful offender facility.

1299

Assignments made under this subsection shall be included in the

1300

department's annual report.

1301

Section 21. Section 958.12, Florida Statutes, is amended to

1302

read:

1303

958.12 Participation in certain activities required.--

1304

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

1305

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

1306

rehabilitative programs in accordance with this section,

1307

including, but not limited to:

1308

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

1309

to participate in:

1310

1. Reception and orientation.

1311

2. Evaluation, needs assessment, and classification.

1312

3. Educational programs.

1313

4. Career and job training.

1314

5. Life and socialization skills training, including

1315

anger/aggression control.

1316

6. Prerelease orientation and planning.

1317

7. Appropriate transition services.

1318

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

1319

department shall make available:

1320

1. Religious services and counseling.

1321

2. Social services.

1322

3. Substance abuse treatment and counseling.

1323

4. Psychological and psychiatric services.

1324

5. Library services.

1325

6. Medical and dental health care.

1326

7. Athletic, recreational, and leisure time activities.

1327

8. Mail and visiting privileges.

1328

1329

Income derived by a youthful offender from participation in such

1330

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

1331

of his or her incarceration or supervision; to satisfy

1332

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

1333

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

1334

the crime for which the youthful offender has been convicted in

1335

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

1336

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

1337

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

1338

offender upon his or her release.

1339

(2) A comprehensive transition and postrelease plan shall

1340

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

1341

transition assistance officer, a classification officer, an

1342

educational representative, a health services administrator, a

1343

probation and parole officer, and the youthful offender.

1344

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

1345

parole officer prior to the offender's release from incarceration

1346

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

1347

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

1348

department to provide postrelease community resources. The

1349

department shall develop partnerships with entities that which

1350

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

1351

Labor and Employment Security, the Department of Children and

1352

Family Services, community health agencies, private agencies, and

1353

school systems.

1354

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

1355

release from incarceration is required, this and may be

1356

accomplished in a residential or nonresidential program or,

1357

intensive day treatment, or through supervision by a correctional

1358

probation and parole officer.

1359

Section 22. This act shall take effect October 1, 2008.

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