1

A bill to be entitled

2

An act relating to the Department of Corrections; amending

3

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

4

circumstances under which an offender may be placed in

5

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

6

that the Department of Corrections meets its statutory

7

obligation to assist released offenders with completing

8

the application for the restoration of civil rights by

9

sending an electronic list to the Parole Commission each

10

month of those inmates and offenders who were released

11

from incarceration or terminated from supervision during

12

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

13

provisions requiring that a law enforcement officer

14

reimburse the employing agency for wages and benefits paid

15

by the employing agency if the officer terminates

16

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

17

eliminating wages and benefits from the costs that

18

employing agencies may recover; eliminating the definition

19

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

20

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

21

certain inmates younger than 18 years of age to a facility

22

for youthful offenders until the inmate reaches a

23

specified age; deleting provisions requiring that certain

24

offenders younger than 18 years of age be housed and

25

provided certain services separately from older offenders

26

or placed in a facility for youthful offenders; amending

27

s. 944.293, F.S.; specifying that the Department of

28

Corrections meets its statutory obligation to assist

29

released offenders with completing the application for the

30

restoration of civil rights by sending an electronic list

31

to the Parole Commission each month of those inmates and

32

offenders who were released from incarceration or

33

terminated from supervision during the preceding month;

34

amending s. 944.47, F.S.; providing that a cellular

35

telephone or other portable communication device that is

36

introduced inside the secure perimeter of a state

37

correctional institution without prior authorization is

38

contraband; prohibiting an inmate or other person upon the

39

grounds of the institution from possessing such contraband

40

without authorization; providing a definition; providing

41

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

42

a requirement that the Department of Corrections contract

43

with the Department of Children and Family Services to

44

provide certain mental health services; authorizing the

45

Department of Corrections to contract with other entities

46

or persons to provide mental health services to inmates;

47

amending s. 945.42, F.S.; revising definitions and

48

defining the term "crisis stabilization care"; amending s.

49

945.43, F.S.; revising the procedures for placing an

50

inmate in a mental health treatment facility; authorizing

51

the court to waive the presence of the inmate at the

52

hearing on the inmate's placement; amending s. 945.44,

53

F.S.; providing for the emergency placement of an inmate

54

in a mental health treatment facility; amending s. 945.45,

55

F.S.; revising the provisions governing the continued

56

placement of an inmate in a mental health treatment

57

facility; authorizing administrative law judges to appoint

58

private pro bono attorneys to represent inmates in

59

continued placement hearings; providing that the

60

administrative law judge may waive the presence of the

61

inmate at the hearing under certain conditions; amending

62

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

63

procedures for the involuntary examination of an inmate

64

who has a mental illness and meets certain criteria;

65

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

66

inmate who is no longer in need of mental health

67

treatment; deleting certain provisions governing

68

involuntary placement; requiring that a summary of the

69

inmate's treatment be provided to the Parole Commission

70

and the Department of Children and Family Services upon

71

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

72

for the involuntary mental health treatment of an inmate;

73

providing for the warden of the institution containing the

74

mental health treatment facility to petition the circuit

75

court for an order authorizing involuntary treatment;

76

providing requirements for the hearing on involuntary

77

treatment; limiting the period that an order authorizing

78

involuntary treatment is effective; providing a procedure

79

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

80

deleting a provision requiring that training provided to

81

correctional officers employed by a mental health

82

treatment facility be in accordance with the requirements

83

of the Criminal Justice Standards and Training Commission;

84

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

85

limiting circumstances under which an offender may be

86

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

87

deleting a requirement that community control programs and

88

manuals be developed in consultation with the Florida

89

Conference of Circuit Court Judges and the State Courts

90

Administrator; deleting requirements for the department in

91

developing and implementing community control programs,

92

resource directories, and training programs; deleting a

93

requirement for the Florida Court Education Council and

94

the State Courts Administrator to coordinate certain

95

resources for judges pertaining to community control;

96

eliminating provisions governing review and notice by the

97

department of offenders ineligible for community control

98

and requiring the department to develop a caseload

99

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

100

authorizing the court to sentence a person as a youthful

101

offender if the offender is younger than 21 years of age

102

at the time sentence is imposed; requiring the Department

103

of Corrections to adopt by rule criteria to define

104

successful participation in the youthful offender program;

105

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

106

designation of youthful offender facilities for housing

107

female offenders; revising requirements for the department

108

with respect to assigning or transferring youthful

109

offenders; removing references to the Assistant Secretary

110

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

111

the requirement for a youthful offender to be visited by a

112

probation and parole officer before release; removing the

113

requirement for the department to develop community

114

partnerships with the Department of Labor and Employment

115

Security and the Department of Children and Family

116

Services; providing an effective date.

117

118

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

119

120

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

121

921.187, Florida Statutes, are amended to read:

122

     921.187  Disposition and sentencing; alternatives;

123

restitution.--

124

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

125

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

126

felony as defined in s. 776.08; and

127

     (b) Previously convicted of or adjudication was withheld

128

for a forcible felony as defined in s. 776.08.

129

130

Nothing in this subsection prohibits placement of certain inmates

131

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

132

this subsection, a forcible felony does not include manslaughter

133

or burglary.

134

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

135

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

136

is convicted of criminal transmission of HIV pursuant to s.

137

775.0877, the court may sentence the offender to criminal

138

quarantine community control as described in s. 948.001.

139

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

140

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

141

compelling reasons not to order such restitution. If the court

142

does not order restitution, or orders restitution of only a

143

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

144

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

145

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

146

775.089 does not remove or diminish the requirement that the

147

court order payment to the Crimes Compensation Trust Fund under

148

chapter 960.

149

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

150

read:

151

     940.061  Informing persons about executive clemency and

152

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

153

inform and educate inmates and offenders on community supervision

154

about the restoration of civil rights and assist eligible inmates

155

and offenders on community supervision with the completion of the

156

application for the restoration of civil rights. The department

157

may meet its obligation to assist inmates and offenders with

158

completing the application for the restoration of civil rights by

159

electronically providing to the Parole Commission each month a

160

list of inmates who were released from incarceration and

161

offenders who were terminated from supervision during the

162

preceding month.

163

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

164

read:

165

     943.16  Payment of tuition or officer certification

166

examination fee by employing agency; reimbursement of tuition,

167

other course expenses, wages, and benefits.--

168

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

169

tuition of a trainee in attendance at an approved basic recruit

170

training program.

171

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

172

at the expense of an employing agency must remain in the

173

employment or appointment of such employing agency for a period

174

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

175

training program. If employment or appointment is terminated on

176

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

177

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

178

tuition and, other course expenses, and additional amounts as

179

provided in paragraph (b).

180

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

181

tuition and other course expenses, a trainee terminating

182

employment as provided in paragraph (a) shall reimburse the

183

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

184

employing agency during the academy training period according to

185

the following schedule:

186

     1. For a trainee terminating employment within 6 months of

187

graduation from the basic recruit training program, the full

188

amount of wages and benefits paid during the academy training

189

period.

190

     2. For a trainee terminating employment within 6 months and

191

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

192

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

193

wages and benefits paid during the academy training period.

194

     3. For a trainee terminating employment within 12 months

195

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

196

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

197

of wages and benefits paid during the academy training period.

198

     4. For a trainee terminating employment within 18 months

199

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

200

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

201

amount of wages and benefits paid during the academy training

202

period.

203

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

204

fee for an applicant to take the officer certification

205

examination on one occasion.

206

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

207

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

208

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

209

provided that the employing agency gave written notification to

210

the trainee of the 2-year employment commitment during the

211

employment screening process. The trainee shall return signed

212

acknowledgment of receipt of such notification.

213

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

214

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

215

basic recruit training program in a law enforcement or

216

correctional officer academy class for purposes of obtaining

217

certification pursuant to this chapter, until the date of

218

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

219

includes the cost of meals.

220

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

221

employment with the employing agency and resign their

222

certification upon termination in order to obtain employment for

223

which certification under this chapter is not required. Further,

224

this section does not apply to trainees attending auxiliary

225

officer training.

226

     (7)  Notwithstanding the provisions of this section, an

227

employing agency may waive a trainee's requirement of

228

reimbursement in part or in full when the trainee terminates

229

employment due to hardship or extenuating circumstances.

230

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

231

Statutes, is amended to read:

232

     944.1905  Initial inmate classification; inmate

233

reclassification.--The Department of Corrections shall classify

234

inmates pursuant to an objective classification scheme. The

235

initial inmate classification questionnaire and the inmate

236

reclassification questionnaire must cover both aggravating and

237

mitigating factors.

238

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

239

or chapter 958, the department shall assign to facilities housing

240

youthful offenders specific correctional facilities all inmates

241

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

242

and have not been assigned to a facility for youthful offenders

243

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

244

assigned to a facility for youthful offenders until the inmate is

245

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

246

a facility for youthful offenders until the inmate reaches an age

247

not to exceed 21 years if the department determines that the

248

continued assignment is in the best interests of the inmate and

249

the assignment does not pose an unreasonable risk to other

250

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

251

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

252

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

253

department shall provide any food service, education, and

254

recreation for such inmate separately from inmates who are 18

255

years of age or older.

256

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

257

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

258

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

259

prior juvenile adjudication must be placed in a facility for

260

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

261

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

262

facility for youthful offenders until the inmate is 21 years of

263

age.

264

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

265

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

266

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

267

reassigned to the general inmate population if his or her

268

behavior threatens the safety of other inmates or correctional

269

staff.

270

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

271

read:

272

     944.293  Initiation of restoration of civil rights.--With

273

respect to those persons convicted of a felony, the following

274

procedure shall apply: Prior to the time an offender is

275

discharged from supervision, an authorized agent of the

276

department shall obtain from the Governor the necessary

277

application and other forms required for the restoration of civil

278

rights. The authorized agent shall assist the offender in

279

completing these forms and shall ensure that the application and

280

all necessary material are forwarded to the Governor before the

281

offender is discharged from supervision. The department may meet

282

its obligation to assist offenders in completing the application

283

for the restoration of civil rights by electronically providing

284

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

285

released from incarceration or terminated from supervision during

286

the preceding month.

287

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

288

read:

289

     944.47  Introduction, removal, or possession of certain

290

articles unlawful; penalty.--

291

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

292

officer in charge of the correctional institution, it is unlawful

293

to introduce into or upon the grounds of any state correctional

294

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

295

send therefrom, any of the following articles which are hereby

296

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

297

wit:

298

     1.  Any written or recorded communication or any currency or

299

coin given or transmitted, or intended to be given or

300

transmitted, to any inmate of any state correctional institution.

301

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

302

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

303

correctional institution.

304

     3.  Any intoxicating beverage or beverage which causes or

305

may cause an intoxicating effect.

306

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

307

any prescription or nonprescription drug having a hypnotic,

308

stimulating, or depressing effect.

309

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

310

substance.

311

     6. Any cellular telephone or other portable communication

312

device intentionally and unlawfully introduced inside the secure

313

perimeter of any state correctional institution without prior

314

authorization or consent from the officer in charge of such

315

correctional institution. As used in this subparagraph, the term

316

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

317

or stored which is designed or intended to receive or transmit

318

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

319

electronically to the Internet or any other electronic device,

320

and which allows communications in any form. Such devices

321

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

322

held radios, cellular telephones, Blackberry-type devices,

323

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

324

components of these devices which are intended to be used to

325

assemble such devices. The term also includes any new technology

326

that is developed for similar purposes. Excluded from this

327

definition is any device having communication capabilities which

328

has been approved or issued by the department for investigative

329

or institutional security purposes or for conducting other state

330

business.

331

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

332

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

333

any inmate of any state correctional institution any article or

334

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

335

which is outside the grounds of such institution, except through

336

regular channels as authorized by the officer in charge of such

337

correctional institution.

338

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

339

institution or any person while upon the grounds of any state

340

correctional institution to be in actual or constructive

341

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

342

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

343

correctional institution.

344

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

345

it pertains to an article of contraband described in subparagraph

346

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

347

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

348

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

349

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

350

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

351

775.082, s. 775.083, or s. 775.084.

352

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

353

Florida Statutes, are amended to read:

354

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

355

intent of the Legislature that mentally ill inmates in the

356

custody of the Department of Corrections receive evaluation and

357

appropriate treatment for their mental illness through a

358

continuum of services. It is further the intent of the

359

Legislature that:

360

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

361

mental illnesses that require hospitalization and intensive

362

psychiatric inpatient treatment or care receive appropriate

363

treatment or care in Department of Corrections mental health

364

treatment facilities designated for that purpose. The department

365

shall contract with the Department of Children and Family

366

Services for the provision of mental health services in any

367

departmental mental health treatment facility. The Department of

368

Corrections shall provide mental health services to inmates

369

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

370

agencies qualified to provide such services.

371

     (5)  The department may designate a mental health treatment

372

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

373

contract with other appropriate entities, persons, or agencies

374

for such services.

375

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

376

read:

377

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

378

945.40-945.49, the following terms shall have the meanings

379

ascribed to them, unless the context shall clearly indicate

380

otherwise:

381

     (1)  "Court" means the circuit court.

382

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

383

is less restrictive and intense than care provided in a mental

384

health treatment facility, that includes a broad range of

385

evaluation and treatment services provided within a highly

386

structured setting or locked residential setting, and that is

387

intended for inmates who are experiencing acute emotional

388

distress and who cannot be adequately evaluated and treated in a

389

transitional care unit or infirmary isolation management room.

390

Such treatment is also more intense than treatment provided in a

391

transitional care unit and is devoted principally toward rapid

392

stabilization of acute symptoms and conditions.

393

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

394

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

395

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

396

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

397

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

398

appropriately cared for in the institution where he or she the

399

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

400

restrictive and secure housing environment, because of the

401

apparent mental illness:

402

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

403

himself or herself and without immediate treatment intervention,

404

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

405

and such refusal the alleged mental illness poses an immediate,

406

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

407

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

408

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

409

inmate will inflict serious bodily harm on himself or herself or

410

another person, as evidenced by recent behavior involving

411

causing, attempting, or threatening such harm;

412

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

413

treatment at a mental health treatment facility after sufficient

414

and conscientious explanation and disclosure of the purpose of

415

placement; or

416

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

417

whether placement is necessary; and

418

     (c) All available less restrictive treatment alternatives

419

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

420

condition have been clinically determined to be inappropriate.

421

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

422

has a mental illness for which inpatient services in a mental

423

health treatment facility are necessary and that, but for being

424

isolated in a more restrictive and secure housing environment,

425

because of the which mental illness:

426

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

427

himself or herself, without treatment is likely to continue to

428

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

429

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

430

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

431

     2. There is a substantial likelihood that in the near

432

future the inmate will inflict serious bodily harm on himself or

433

herself or another person, as evidenced by recent behavior

434

causing, attempting, or threatening such harm;

435

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

436

treatment at a mental health treatment facility after sufficient

437

and conscientious explanation and disclosure of the purpose of

438

placement; or

439

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

440

whether placement is necessary; and

441

     (c) All available less restrictive treatment alternatives

442

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

443

condition have been clinically determined to be inappropriate.

444

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

445

of the Department of Corrections.

446

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

447

Corrections Mental Health Institution and any extended treatment

448

or hospitalization-level unit within the corrections system which

449

other institution that the Assistant Secretary for Health

450

Services of the department specifically designates by rule to

451

provide acute psychiatric care and which may include involuntary

452

treatment and therapeutic intervention at the hospital level, in

453

contrast to less intensive levels of care such as outpatient

454

mental health care, transitional mental health care, or crisis

455

stabilization care.

456

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

457

emotional processes, of the ability to exercise conscious control

458

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

459

reality or to understand, which impairment substantially

460

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

461

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

462

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

463

the term does not include retardation or developmental disability

464

as defined in chapter 393, simple intoxication, or conditions

465

manifested only by antisocial behavior or substance abuse drug

466

addiction. However, an individual who is mentally retarded or

467

developmentally disabled may also have a mental illness.

468

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

469

licensed pursuant to chapter 458 or chapter 459 who has primarily

470

diagnosed and treated nervous and mental disorders for a period

471

of not less than 3 years inclusive of psychiatric residency.

472

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

473

a behavioral practitioner who has an approved doctoral degree in

474

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

475

department that is primarily clinical in nature from a university

476

or professional graduate school that is state-authorized or

477

accredited by an accrediting agency approved by the United States

478

Department of Education and who is professionally certified by

479

the appropriate professional psychology association or who is

480

licensed as a psychologist pursuant to chapter 490.

481

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

482

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

483

care that is more intensive than outpatient care, but less

484

intensive than crisis stabilization care, and is characterized by

485

the provision of traditional mental health treatments such as

486

group and individual therapy, activity therapy, recreational

487

therapy, and psychotropic medications chemotherapy, in the

488

context of a structured residential setting. Transitional mental

489

health care is indicated for a person with chronic or residual

490

symptomatology who does not require crisis stabilization care or

491

acute psychiatric care at the hospital level, but whose

492

impairment impairments in functioning nevertheless renders render

493

him or her incapable of adjusting satisfactorily within the

494

general inmate population, even with the assistance of outpatient

495

care.

496

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

497

facility or his or her designee.

498

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

499

read:

500

     945.43  Admission of inmate to mental health treatment

501

facility.--

502

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

503

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

504

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

505

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

506

TREATMENT FACILITY.--

507

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

508

facility after notice and hearing, upon the recommendation of the

509

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

510

director. The recommendation shall be entered on a petition

511

certificate and must be supported by the expert opinion of a

512

psychiatrist and the second opinion of a psychiatrist or

513

psychological professional psychologist. The petition certificate

514

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

515

located and shall serve as a petition for a hearing regarding

516

placement.

517

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

518

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

519

the inmate's representatives, accompanied by:

520

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

521

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

522

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

523

she has previously waived such a hearing.

524

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

525

signature of the inmate or the inmate's representative for

526

completion.

527

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

528

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

529

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

530

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

531

representative may apply immediately to the court to have an

532

attorney appointed if the inmate cannot afford one.

533

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

534

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

535

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

536

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

537

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

538

the hearing.

539

     (d) An attorney representing the inmate shall have access

540

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

541

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

542

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

543

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

544

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

545

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

546

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

547

However, the inmate may be immediately transferred to and

548

admitted at a mental health treatment facility by executing a

549

waiver of the hearing by express and informed consent, without

550

awaiting the court order. The court shall authorize the mental

551

health treatment facility to retain the inmate for up to 6

552

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

553

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

554

Administrative Hearings in accordance with s. 945.45 court for an

555

order authorizing continued placement.

556

     (3) PROCEDURE FOR HEARING ON PLACEMENT TRANSFER OF AN

557

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

558

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

559

representative files a petition for a hearing after having waived

560

it,

561

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

562

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

563

allegedly mentally ill inmate. The notice must shall specify the

564

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

565

allegation of mental illness; and the names of the examining

566

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

567

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

568

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

569

waiver is consistent with the best interests of the inmate and

570

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

571

informal as is consistent with orderly procedure. One of the

572

experts whose opinion supported the petition for placement

573

recommendation shall be present at the hearing for information

574

purposes.

575

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

576

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

577

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

578

transferred to a mental health treatment facility and provided

579

appropriate treatment. The court shall provide a copy of its

580

order authorizing placement transfer and all supporting

581

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

582

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

583

mentally ill, it shall dismiss the petition for placement

584

transfer.

585

     (4) REFUSAL OF PLACEMENT ADMISSION; WHEN REFUSAL

586

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

587

treatment facility is located may refuse to place admit any

588

inmate in that treatment facility who is not accompanied by

589

adequate court orders and documentation, as required in ss.

590

945.40-945.49.

591

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

592

read:

593

     945.44 Emergency placement admission of inmate in a to

594

mental health treatment facility.--

595

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

596

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

597

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

598

945.42(5).

599

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

600

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

601

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

602

is confined may be placed in admitted to a mental health

603

treatment facility on an emergency basis. The inmate may be

604

placed transferred immediately in a mental health treatment to

605

the facility and shall be accompanied by the recommendation of

606

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

607

recommendation must shall state the need for the emergency

608

placement transfer and shall include a written opinion of a

609

physician verifying the need for the emergency placement

610

transfer. Upon the emergency placement the admission of the

611

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

612

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

613

warden shall initiate proceedings for placement of the inmate, as

614

described in s. 945.43(2).

615

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

616

read:

617

     945.45 Procedure for continued placement of inmates in a

618

mental health treatment facility.--

619

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

620

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

621

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

622

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

623

MENTAL HEALTH TREATMENT FACILITY.--

624

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

625

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

626

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

627

petition with the Division of Administrative Hearings for request

628

an order authorizing continued placement. The petition must This

629

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

630

physician justifying the petition request and providing a brief

631

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

632

been placed. In addition, the warden shall submit an

633

individualized plan for the inmate for whom he or she is

634

requesting continued placement. The inmate may remain in a mental

635

health treatment facility pending a hearing after the timely

636

filing of the petition.

637

     (b) Notification of this request for retention shall be

638

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

639

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

640

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

641

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

642

and shall state that the inmate is entitled to an administrative

643

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

644

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

645

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

646

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

647

criteria for continued placement, he or she will be transferred

648

out of the mental health treatment facility to another facility

649

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

650

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

651

waiver within 15 days, the administrative law judge shall notice

652

a hearing with regard to the inmate involved in accordance with

653

ss. 120.569 and 120.57(1).

654

     (3) PROCEDURE FOR HEARING ON CONTINUED PLACEMENT OF AN

655

INMATE IN A MENTAL HEALTH TREATMENT FACILITY.--

656

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

657

of an inmate in a mental health treatment facility is an

658

administrative hearing and shall be conducted in accordance with

659

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

660

administrative law judge is final and subject to judicial review

661

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

662

be assigned by the Division of Administrative Hearings to conduct

663

hearings for continued placement.

664

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

665

bono attorney in the circuit in which the treatment facility is

666

located to represent the inmate.

667

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

668

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

669

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

670

object.

671

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

672

administrative law judge finds that the inmate no longer meets

673

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

674

the inmate be transferred out of the mental health treatment

675

facility to another facility of the department.

676

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

677

administrative law judge finds that the inmate is in need of

678

continued placement treatment, the administrative law judge shall

679

enter an order authorizing such continued placement treatment for

680

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

681

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

682

that the inmate is retained in the mental health treatment

683

facility.

684

     (4) Hearings on requests for orders authorizing continued

685

placement filed in accordance with this section shall be

686

conducted in accordance with the provisions of ss. 120.569 and

687

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

688

law judge shall be final and subject to judicial review in

689

accordance with s. 120.68.

690

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

691

read:

692

     945.46  Initiation of involuntary placement proceedings with

693

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

694

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

695

in the department is scheduled for release through expiration of

696

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

697

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

698

warden is authorized to initiate procedures for involuntary

699

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

700

to such release.

701

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

702

involuntary examination pursuant to s. 394.463 for any inmate who

703

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

704

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

705

read:

706

     945.47  Discharge of inmate from mental health treatment.--

707

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

708

mental health treatment shall be discharged from treatment by the

709

warden under the following conditions:

710

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

711

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

712

transferred out of the mental health treatment facility and

713

provided with appropriate mental health services to another

714

institution in the department; or

715

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

716

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

717

transferred to another institution in the department and provided

718

appropriate outpatient and aftercare services;

719

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

720

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

721

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

722

recommendation for outpatient treatment, pursuant to the

723

provisions of ss. 945.40-945.49.; or

724

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

725

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

726

the warden shall initiate proceedings for involuntary placement,

727

pursuant to s. 394.467.

728

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

729

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

730

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

731

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

732

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

733

the court of clear and convincing evidence that the inmate is

734

manifestly dangerous to himself or herself or others. The need

735

for such placement shall be reviewed by facility staff every 90

736

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

737

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

738

involuntary placement shall be notified.

739

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

740

health treatment while in the custody of the department becomes

741

eligible for release under supervision or upon end of sentence on

742

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

743

may shall be provided to the Parole Commission and to the

744

Department of Children and Family Services upon request. The

745

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

746

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

747

history, prognosis, prescribed medication, and treatment plan,

748

and recommendations for aftercare services. In the event that the

749

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

750

parole officer who shall assist the inmate in applying for

751

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

752

application for treatment and continuation of treatment by the

753

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

754

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

755

may be a basis for initiation of parole violation hearings.

756

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

757

read:

758

     945.48 Rights of inmates inmate provided mental health

759

treatment; procedure for involuntary treatment.--

760

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

761

health treatment facility has the right to receive treatment that

762

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

763

a humane psychological environment. Such treatment shall be

764

administered skillfully, safely, and humanely with respect for

765

the inmate's dignity and personal integrity.

766

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

767

provided psychiatric treatment within the department shall be

768

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

769

such treatment. "Express and informed written consent" or

770

"consent" means consent voluntarily given in writing after a

771

conscientious and sufficient explanation and disclosure of the

772

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

773

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

774

the alternative treatment available. The explanation shall enable

775

the inmate to make a knowing and willful decision without any

776

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

777

constraint or coercion.

778

     (3) PROCEDURE FOR INVOLUNTARY TREATMENT OF

779

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

780

refuses treatment that is deemed to be necessary for the

781

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

782

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

783

institution authorized to do so by the Assistant Secretary for

784

Health Services under the following circumstances:

785

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

786

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

787

such treatment may be provided upon the written order of a

788

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

789

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

790

not given express and informed consent to the treatment initially

791

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

792

and legal holidays, petition the circuit court serving the county

793

in which the facility is located for an order authorizing the

794

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

795

be continued upon the written order of a physician who has

796

determined that the emergency situation continues to present a

797

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

798

be isolated for mental health purposes, that decision must be

799

reviewed within 72 hours by medical staff different from that

800

making the original placement.

801

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

802

warden of the institution containing the mental health treatment

803

facility shall petition the circuit court serving the county in

804

which the mental health treatment facility is located for an

805

order authorizing the treatment of the inmate. The inmate shall

806

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

807

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

808

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

809

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

810

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

811

appoint the office of the public defender or private counsel

812

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

813

An attorney representing the inmate shall have access to the

814

inmate and any records, including medical or mental health

815

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

816

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

817

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

818

in writing that the inmate has provided express and informed

819

consent in writing, that the inmate has been transferred to

820

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

821

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

822

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

823

order authorizing the continuation of treatment for another 90-

824

day period. This procedure shall be repeated until the inmate

825

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

826

may be continued pending a hearing after the filing of any

827

petition.

828

     (4) PROCEDURE FOR THE HEARING ON INVOLUNTARY TREATMENT OF

829

AN INMATE.--

830

     (a) The hearing on the petition for involuntary treatment

831

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

832

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

833

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

834

examine witnesses testifying on behalf of the facility, and may

835

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

836

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

837

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

838

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

839

opinion supported the petition shall appear as a witness at the

840

hearing.

841

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

842

should authorize treatment for which an inmate has refused to

843

give express and informed consent, the court shall determine by

844

clear and convincing evidence whether the inmate is mentally ill

845

as defined in this chapter; whether such treatment is essential

846

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

847

experimental or presents an unreasonable risk of serious,

848

hazardous, or irreversible side effects. In arriving at the

849

substitute judgment decision, the court must consider at least

850

the following:

851

     1.  The inmate's expressed preference regarding treatment;

852

     2.  The probability of adverse side effects;

853

     3.  The prognosis for the inmate without treatment; and

854

     4.  The prognosis for the inmate with treatment.

855

856

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

857

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

858

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

859

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

860

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

861

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

862

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

863

facility, and may present his or her own witnesses.

864

     (c) An order authorizing involuntary treatment shall allow

865

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

866

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

867

the inmate has provided express and informed consent in writing,

868

that the inmate has been transferred to another institution of

869

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

870

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

871

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

872

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

873

procedure shall be repeated until the inmate provides express and

874

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

875

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

876

petition.

877

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

878

situation in which there is immediate danger to the health and

879

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

880

provided at a mental health treatment facility upon the written

881

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

882

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

883

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

884

the treatment initially refused, the warden shall, within 48

885

hours, excluding weekends and legal holidays, petition the

886

circuit court, in accordance with the procedures described in

887

this section, for an order authorizing the continued treatment of

888

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

889

written order of a physician who has determined that the

890

emergency situation continues to present a danger to the safety

891

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

892

health purposes, that decision must be reviewed within 72 hours

893

by a different psychological professional or a physician other

894

than the one making the original placement.

895

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

896

provisions of this section for mental health treatment, when the

897

consent permission of the inmate cannot be obtained, the warden

898

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

899

representative, with the concurrence of the inmate's attending

900

physician, may authorize emergency surgical or nonpsychiatric

901

medical treatment if such treatment is deemed lifesaving or there

902

is a situation threatening serious bodily harm to the inmate.

903

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

904

treatment shall be subject to the same standards applied to other

905

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

906

consideration for parole, release by reason of gain-time

907

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

908

expiration of sentence.

909

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

910

read:

911

     945.49  Operation and administration.--

912

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

913

contract with the appropriate entities, agencies, persons, and

914

local governing bodies to provide mental health services pursuant

915

to ss. 945.40-945.49.

916

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

917

Health Program Office of the Department of Children and Family

918

Services, shall adopt rules necessary for administration of ss.

919

945.40-945.49 in accordance with chapter 120.

920

     (3)  ORIENTATION AND TRAINING.--Correctional officers

921

employed by a mental health treatment facility shall receive

922

specialized training above and beyond that required for basic

923

certification pursuant to chapter 943. Such training shall be in

924

accordance with requirements of the Criminal Justice Standards

925

and Training Commission.

926

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

927

treatment shall be subject to the same standards applied to other

928

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

929

consideration for parole, release by reason of gain-time

930

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

931

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

932

administrative law judges shall be assigned by the Division of

933

Administrative Hearings to conduct hearings for continued

934

placement.

935

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

936

948.01, Florida Statutes, is amended to read:

937

     948.01  When court may place defendant on probation or into

938

community control.--

939

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

940

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

941

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

942

disposition that probation is an unsuitable dispositional

943

alternative to imprisonment, the court may place the offender in

944

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

945

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

946

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

947

may, within the period of its retained jurisdiction following

948

commitment, suspend the further execution of the disposition and

949

place the offender in a community control program upon such terms

950

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

951

offender advisory council pursuant to s. 948.90 with respect to

952

the placement of an offender into community control. Not later

953

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

954

department shall forward to the court all relevant material on

955

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

956

alternative to incarceration is utilized, the court shall:

957

     (c) Require the department to provide notifications

958

pursuant to s. 948.10(7).

959

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

960

read:

961

     948.10  Community control programs.--

962

     (1)  The Department of Corrections shall develop and

963

administer a community control program. Such community control

964

program and required manuals shall be developed in consultation

965

with the Florida Conference of Circuit Court Judges and the

966

office of the State Courts Administrator. This complementary

967

program shall be rigidly structured and designed to accommodate

968

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

969

incarcerated. The program shall focus on the provision of

970

sanctions and consequences which are commensurate with the

971

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

972

the Parole Commission an alternative, community-based method to

973

punish an offender in lieu of incarceration when the offender is

974

a member of one of the following target groups:

975

     (a)  Probation violators charged with technical violations

976

or misdemeanor violations.

977

     (b)  Parole violators charged with technical violations or

978

misdemeanor violations.

979

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

980

criminal backgrounds or the seriousness of the offenses, would

981

not be placed on regular probation.

982

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

983

     (a) Convicted of or adjudication withheld for a forcible

984

felony as defined in s. 776.08, and

985

     (b) Previously convicted of or adjudication withheld for a

986

forcible felony as defined in s. 776.08.

987

988

Nothing in this subsection prohibits placement of certain inmates

989

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

990

this subsection, a forcible felony does not include manslaughter

991

or burglary.

992

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

993

of the parole and probation field staff and supporting resources

994

to the operation of the community control program. Caseloads

995

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

996

order to ensure an adequate level of staffing. Community control

997

is an individualized program in which the offender is restricted

998

to noninstitutional quarters or restricted to his or her own

999

residence subject to an authorized level of limited freedom.

1000

     (4) The department shall develop and implement procedures

1001

to diagnose offenders during the prison intake process in order

1002

to recommend to the sentencing courts, during the period of

1003

retained jurisdiction, suitable candidates for placement in a

1004

program of community control.

1005

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

1006

contract for the development of, an implementation manual, a

1007

resource directory, and training programs for implementing

1008

community control programs.

1009

     (a)1. The community control implementation manual shall

1010

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

1011

of offenders who should be placed in community control programs,

1012

procedures for diagnosing offenders, objectives and goals of such

1013

placements, examples of alternative placements based upon the

1014

experience of other states, and instruction in developing an

1015

individualized program for each offender.

1016

     2. An offender's individualized program shall include

1017

diagnosis of treatment needs in the areas of education, substance

1018

abuse, and mental health, as well as community sanction

1019

provisions, restitution and community service provisions,

1020

rehabilitation objectives and programs, and a schedule for

1021

periodic review and reevaluation of such individualized programs.

1022

Individualized programs for offenders who committed controlled

1023

substance violations shall include provision for the conduct of

1024

random substance abuse testing intermittently throughout the term

1025

of supervision, upon the direction of the correctional probation

1026

officer as defined in s. 943.10(3).

1027

     (b) The community control resource directory shall include,

1028

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

1029

identification and description of community resources that are

1030

available for the implementation of community control programs,

1031

which resources include the following:

1032

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

1033

cost.

1034

     2. Client eligibility and characteristics which prohibit

1035

acceptance.

1036

     3. The objectives of the program.

1037

     4. The primary source of referrals.

1038

     5. The average length of stay.

1039

     6. The services offered.

1040

     (c) Training programs shall be provided for correctional

1041

field staff, local offender advisory councils, and others

1042

responsible for the implementation of community control programs.

1043

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

1044

the State Courts Administrator shall coordinate the development

1045

and implementation of a reference manual, directory, and training

1046

programs for judges in relation to community control disposition.

1047

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

1048

community control, the department shall notify:

1049

     (a) The original arresting law enforcement agency.

1050

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

1051

county in which the offender is to be placed.

1052

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

1053

within whose jurisdiction the offender is to be placed.

1054

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

1055

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

1056

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

1057

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

1058

1059

Such notification shall include the name and street address of

1060

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

1061

offense. Update notification must be provided with respect to

1062

violation of the terms or conditions of the placement.

1063

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

1064

court and the offender is ineligible to be placed on community

1065

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

1066

     (a) Review and verify whether an ineligible offender was

1067

placed on community control.

1068

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

1069

sentencing judge, the state attorney, and the Attorney General

1070

that the offender was ineligible for placement on community

1071

control.

1072

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

1073

state attorney of each circuit citing the number of ineligible

1074

offenders placed on community control within that circuit.

1075

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

1076

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

1077

the Chief Justice of the Supreme Court on the placement of

1078

ineligible offenders on community control in order to assist in

1079

preparing judicial education programs or for any other purpose.

1080

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

1081

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

1082

probation.

1083

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

1084

community control plan before the expiration of the term ordered

1085

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

1086

the offender from community control supervision or to return the

1087

offender to a program of regular probation supervision. In

1088

considering the petition, the court should recognize the limited

1089

staff resources committed to the community control program, the

1090

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

1091

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

1092

     (11) The Department of Corrections shall:

1093

     (a) Develop and maintain a weighted statewide caseload

1094

equalization strategy designed to ensure that high-risk offenders

1095

receive the highest level of supervision; and

1096

     (b) Develop and implement a supervision risk assessment

1097

instrument for the community control population which is similar

1098

to the probation risk assessment instrument established by the

1099

National Institute of Justice.

1100

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

1101

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

1102

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

1103

analysis of the community control program and the department's

1104

specific efforts to protect the public from offenders placed on

1105

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

1106

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

1107

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

1108

crimes committed by offenders on community control, and the level

1109

of community supervision provided.

1110

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

1111

Florida Statutes, are amended to read:

1112

     958.04  Judicial disposition of youthful offenders.--

1113

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

1114

person:

1115

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

1116

transferred for prosecution to the criminal division of the

1117

circuit court pursuant to chapter 985;

1118

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

1119

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

1120

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

1121

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

1122

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

1123

birthday; and

1124

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

1125

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

1126

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

1127

sentenced as a youthful offender under this act.

1128

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

1129

and notwithstanding any imposition of consecutive sentences, the

1130

court shall dispose of the criminal case as follows:

1131

     (a)  The court may place a youthful offender under

1132

supervision on probation or in a community control program, with

1133

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

1134

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

1135

Such period of supervision may shall not exceed the maximum

1136

sentence for the offense for which the youthful offender was

1137

found guilty.

1138

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

1139

condition of probation or community control, which period of

1140

incarceration shall be served in either a county facility, a

1141

department probation and restitution center, or a community

1142

residential facility that which is owned and operated by any

1143

public or private entity providing such services. A No youthful

1144

offender may not be required to serve a period of incarceration

1145

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

1146

Admission to a department facility or center shall be contingent

1147

upon the availability of bed space and shall take into account

1148

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

1149

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

1150

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

1151

youthful offender is to be placed on probation or community

1152

control upon completion of any specified period of incarceration;

1153

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

1154

department facility other than a probation and restitution center

1155

or community residential facility, such period shall be for not

1156

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

1157

community control shall commence immediately upon the release of

1158

the youthful offender from incarceration. The period of

1159

incarceration imposed or served and the period of probation or

1160

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

1161

years.

1162

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

1163

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

1164

provided that any such commitment may shall not exceed the

1165

maximum sentence for the offense for which the youthful offender

1166

has been convicted. Successful participation in the youthful

1167

offender program by an offender who is sentenced as a youthful

1168

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

1169

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

1170

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

1171

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

1172

prior to the scheduled expiration of such term. The department

1173

shall adopt rules defining criteria for successful participation

1174

in the youthful offender program which shall include program

1175

participation, academic and vocational training, and satisfactory

1176

adjustment. When a modification of the sentence results in the

1177

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

1178

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

1179

of incarceration, may shall not exceed the original sentence

1180

imposed.

1181

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

1182

read:

1183

     958.11  Designation of institutions and programs for

1184

youthful offenders; assignment from youthful offender

1185

institutions and programs.--

1186

     (1)  The department shall by rule designate separate

1187

institutions and programs for youthful offenders and shall employ

1188

and utilize personnel specially qualified by training and

1189

experience to operate all such institutions and programs for

1190

youthful offenders. Youthful offenders who are at least 14 years

1191

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

1192

time of reception shall be separated from youthful offenders who

1193

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

1194

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

1195

offenders exceeds 100 percent of lawful capacity, the department

1196

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

1197

facility.

1198

     (2)  Youthful offender institutions and programs shall

1199

contain only those youthful offenders sentenced as such by a

1200

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

1201

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

1202

special circumstances select adult offenders may be assigned to

1203

youthful offender institutions. Female youthful offenders of all

1204

ages may continue to be housed together at those institutions

1205

designated by department rule Florida Correctional Institution

1206

and Broward Correctional Institution until such time as

1207

institutions for a female youthful offenders are offender

1208

institution is established or adapted to allow for separation by

1209

age and to accommodate all custody classifications.

1210

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

1211

facility in the state correctional system which is not designated

1212

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

1213

offenders or an age group only in the following circumstances:

1214

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

1215

which is a felony under the laws of this state.

1216

     (b)  If the youthful offender becomes such a serious

1217

management or disciplinary problem resulting from serious

1218

violations of the rules of the department that his or her

1219

original assignment would be detrimental to the interests of the

1220

program and to other inmates committed thereto.

1221

     (c)  If the youthful offender needs medical treatment,

1222

health services, or other specialized treatment otherwise not

1223

available at the youthful offender facility.

1224

     (d)  If the department determines that the youthful offender

1225

should be transferred outside of the state correctional system,

1226

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

1227

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

1228

residential facility, the department may assign a youthful

1229

offender to a community residential facility, provided that the

1230

youthful offender is separated from other offenders insofar as is

1231

practical.

1232

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

1233

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

1234

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

1235

department may retain the youthful offender in the facility if

1236

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

1237

youthful offender and the department.

1238

     (g)  If the department determines that a youthful offender

1239

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

1240

group is mentally or physically vulnerable by such placement, the

1241

department may reassign a youthful offender to a facility

1242

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

1243

that a reassignment is necessary to protect the safety of the

1244

youthful offender or the institution.

1245

     (h)  If the department determines that a youthful offender

1246

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

1247

group is disruptive, incorrigible, or uncontrollable, the

1248

department may reassign a youthful offender to a facility

1249

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

1250

that a reassignment would best serve the interests of the

1251

youthful offender and the department.

1252

     (4) The department Office of the Assistant Secretary for

1253

Youthful Offenders shall continuously screen all institutions,

1254

facilities, and programs for any inmate who meets the eligibility

1255

requirements for youthful offender designation specified in s.

1256

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

1257

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

1258

department may classify and assign as a youthful offender any

1259

inmate who meets the criteria of this subsection.

1260

     (5) The department Population Movement and Control

1261

Coordinator shall coordinate all youthful offender assignments or

1262

transfers and shall consult with the Office of the Assistant

1263

Secretary for Youthful Offenders. The Office of the Assistant

1264

Secretary for Youthful Offenders shall review and maintain access

1265

to full and complete documentation and substantiation of all such

1266

assignments or transfers of youthful offenders to or from

1267

facilities in the state correctional system which are not

1268

designated for their care, custody, and control, except

1269

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

1270

     (6)  The department may assign to a youthful offender

1271

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

1272

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

1273

criteria of this section, if the department Assistant Secretary

1274

for Youthful Offenders determines that such inmate's mental or

1275

physical vulnerability would substantially or materially

1276

jeopardize his or her safety in a nonyouthful offender facility.

1277

Assignments made under this subsection shall be included in the

1278

department's annual report.

1279

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

1280

read:

1281

     958.12  Participation in certain activities required.--

1282

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

1283

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

1284

rehabilitative programs in accordance with this section,

1285

including, but not limited to:

1286

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

1287

to participate in:

1288

     1.  Reception and orientation.

1289

     2.  Evaluation, needs assessment, and classification.

1290

     3.  Educational programs.

1291

     4.  Career and job training.

1292

     5.  Life and socialization skills training, including

1293

anger/aggression control.

1294

     6.  Prerelease orientation and planning.

1295

     7.  Appropriate transition services.

1296

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

1297

department shall make available:

1298

     1.  Religious services and counseling.

1299

     2.  Social services.

1300

     3.  Substance abuse treatment and counseling.

1301

     4.  Psychological and psychiatric services.

1302

     5.  Library services.

1303

     6.  Medical and dental health care.

1304

     7.  Athletic, recreational, and leisure time activities.

1305

     8.  Mail and visiting privileges.

1306

1307

Income derived by a youthful offender from participation in such

1308

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

1309

of his or her incarceration or supervision; to satisfy

1310

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

1311

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

1312

the crime for which the youthful offender has been convicted in

1313

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

1314

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

1315

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

1316

offender upon his or her release.

1317

     (2)  A comprehensive transition and postrelease plan shall

1318

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

1319

transition assistance officer, a classification officer, an

1320

educational representative, a health services administrator, a

1321

probation and parole officer, and the youthful offender.

1322

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

1323

parole officer prior to the offender's release from incarceration

1324

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

1325

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

1326

department to provide postrelease community resources. The

1327

department shall develop partnerships with entities that which

1328

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

1329

Labor and Employment Security, the Department of Children and

1330

Family Services, community health agencies, private agencies, and

1331

school systems.

1332

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

1333

release from incarceration is required, this and may be

1334

accomplished in a residential or nonresidential program or,

1335

intensive day treatment, or through supervision by a correctional

1336

probation and parole officer.

1337

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