HB 5075

1	A bill to be entitled
2	An act relating to reorganization of the Parole
3	Commission; changing the name to the Parole Board;
4	transferring the commission to the Department of
5	Corrections for administrative purposes; amending ss.
6	11.905, 20.315, 20.32, 23.21, 112.011, 186.005, 255.502,
7	311.12, 322.16, 394.926, 394.927, 775.089, 775.16, 784.07,
8	784.078, 843.01, 843.02, 843.08, 893.11, and 921.16, F.S.;
9	conforming provisions to changes made by the act;
10	repealing s. 921.20, F.S., relating to a classification
11	summary to be furnished to the Parole Commission; amending
12	ss. 921.21, 921.22, 940.03, 940.05, 941.23, 943.0311,
13	943.06, 943.325, 944.012, 944.02, 944.024, 944.091,
14	944.23, 944.291, 944.4731, 945.091, 945.10, 945.25,
15	945.47, and 945.73, F.S.; conforming provisions to changes
16	made by the act; repealing s. 947.001, F.S., relating to a
17	short title to chapter 947, F.S.; amending ss. 947.002,
18	947.005, 947.01, and 947.02, F.S.; conforming provisions
19	to changes made by the act; repealing s. 947.021, F.S.,
20	relating to expedited appointments to the Parole
21	Commission; amending ss. 947.03 and 947.04, F.S.;
22	conforming provisions to changes made by the act;
23	providing a transitional provision relating to assignment
24	of former Parole Commissioners to temporary duty for
25	specified purposes; repealing s. 947.045, F.S., relating
26	to the commission's Federal Grants Trust Fund; amending
27	ss. 947.05, 947.06, 947.07, 947.071, 947.10, 947.11,
28	947.12, and 947.13, F.S.; conforming provisions to changes
29	made by the act; repealing s. 947.135, F.S., relating to a
30	mutual participation program; repealing s. 958.15, F.S.,
31	relating to exempting youthful offenders in mutual
32	participation program agreements from specified
33	provisions; amending ss. 947.1405, 947.141, 947.146,
34	947.149, 947.15, 947.16, 947.165, 947.168, 947.172,
35	947.173, 947.174, 947.1745, 947.1746, 947.1747, 947.18,
36	947.181, 947.185, 947.19, 947.20, 947.21, 947.22, 947.23,
37	947.24, 947.26, 948.09, 948.10, 949.05, 951.29, 957.06,
38	958.045, 960.001, 960.17, 985.04, and 985.045, F.S.;
39	conforming provisions to changes made by the act;
40	reenacting s. 948.06(6), F.S., relating to violations of
41	community control, to incorporate the amendments to ss.
42	947.22 and 947.23, F.S., in references thereto; providing
43	a directive to the Division of Statutory Revision;
44	transferring statutory powers, duties and functions,
45	records, personnel, property, and unexpended balances of
46	appropriations, allocations, or other funds for the
47	administration of the Parole Commission by a type two
48	transfer from the Parole Commission to the Department of
49	Corrections; providing legislative intent concerning the
50	hiring of former Parole Commission employees by the
51	department; specifying legislative intent concerning the
52	nature of the transfer; providing provisions that apply if
53	a court should rule that the Parole Board is not a
54	continuation of the Parole Commission; providing an
55	effective date.
56
57	Be It Enacted by the Legislature of the State of Florida:
58
59	Section 1.  Paragraph (f) of subsection (7) of section
60	11.905, Florida Statutes, is amended to read:
61	11.905  Schedule for reviewing state agencies and advisory
62	committees.--The following state agencies, including their
63	advisory committees, or the following advisory committees of
64	agencies shall be reviewed according to the following schedule:
65	(7)  Reviewed by July 1, 2020:
66	(f)  Parole Board Commission.
67
68	Upon completion of this cycle, each agency shall again be
69	subject to sunset review 10 years after its initial review.
70	Section 2.  Subsections (9) and (10) of section 20.315,
71	Florida Statutes are amended, subsections (11) and (12) of that
72	section are renumbered as subsections (12) and (13),
73	respectively, and a new subsection (11) is added to that
74	section, to read:
75	20.315  Department of Corrections.--There is created a
76	Department of Corrections.
77	(9)  FORM OF COMMITMENT; NOTICE OF PAROLE VIOLATION.--All
78	commitments shall state the statutory authority therefor. The
79	Secretary of Corrections shall have the authority to prescribe
80	the form to be used for commitments. Nothing in this section act
81	shall be construed to abridge the authority and responsibility
82	of the Parole Board Commission with respect to the granting and
83	revocation of parole. The Department of Corrections shall notify
84	the Parole Board Commission of all violations of parole
85	conditions and provide reports connected thereto as may be
86	requested by the board commission. The board commission shall
87	have the authority to issue orders dealing with supervision of
88	specific parolees, and such orders shall be binding on all
89	parties.
90	(10)  PAROLE BOARD SINGLE INFORMATION AND RECORDS
91	SYSTEM.--The Parole Board shall be administratively housed
92	within the department. The secretary shall provide appropriate
93	staff support for the board, office space, and other
94	administrative support. The secretary may assign parole
95	examiners to assist the board. The department There shall create
96	and maintain an be only one offender-based information and
97	records system maintained by the Department of Corrections for
98	the joint use of the department and the board Parole Commission.
99	This data system is managed through the Justice Data Center,
100	which is hereby transferred to the department under this act
101	pursuant to a type two transfer authorized under s. 20.06(2).
102	The department shall develop and maintain, in consultation with
103	the Criminal and Juvenile Justice Information Systems Council
104	under s. 943.08, such offender-based information system designed
105	to serve the needs of both the department and the Parole
106	Commission. The department shall notify the board commission of
107	all violations of parole and the circumstances thereof.
108	(11)  CLEMENCY.--The department shall exercise powers,
109	duties, and functions relating to investigations of applications
110	for executive clemency as directed by the Governor and the
111	Cabinet.
112	Section 3.  Section 20.32, Florida Statutes, is amended to
113	read:
114	20.32  Parole Board Commission.--
115	(1)  The Parole and Probation Commission, authorized by s.
116	8(c), Art. IV, State Constitution of 1968, is continued and
117	renamed the Parole Board Commission. The board commission
118	retains its powers, duties, and functions with respect to the
119	granting and revoking of parole and shall exercise powers,
120	duties, and functions relating to investigations of applications
121	for clemency as directed by the Governor and the Cabinet.
122	(2)  All powers, duties, and functions relating to the
123	appointment of the Parole Board Commission as provided in s.
124	947.02 or s. 947.021 shall be exercised and performed by the
125	Governor and the Cabinet. Except as provided in s. 947.021, each
126	appointment shall be made from among the first three eligible
127	persons on the list of the persons eligible for said position.
128	(3)  The board is not a department of the executive branch.
129	The board shall be administratively housed within the Department
130	of Corrections, which shall provide administrative support and
131	services to the board. The members of the board are selected
132	pursuant to s. 947.02 and may be removed from the board pursuant
133	to s. 947.03. The members of the board are not subject to the
134	control, supervision, or direction of the department related to
135	the constitutional or statutory duties of the board. The members
136	of the board shall give their full-time attention to their
137	duties, and shall be compensated as provided in the General
138	Appropriations Act commission may require any employee of the
139	commission to give a bond for the faithful performance of his or
140	her duties. The commission may determine the amount of the bond
141	and must approve the bond. In determining the amount of the
142	bond, the commission may consider the amount of money or
143	property likely to be in custody of the officer or employee at
144	any one time. The premiums for the bonds must be paid out of the
145	funds of the commission.
146	Section 4.  Subsection (1) of section 23.21, Florida
147	Statutes, is amended to read:
148	23.21  Definitions.--For purposes of this part:
149	(1)  "Department" means a principal administrative unit
150	within the executive branch of state government, as defined in
151	chapter 20, and includes the State Board of Administration, the
152	Executive Office of the Governor, the Fish and Wildlife
153	Conservation Commission, the Parole Commission, the Agency for
154	Health Care Administration, the State Board of Education, the
155	Board of Governors of the State University System, the Justice
156	Administrative Commission, the capital collateral regional
157	counsel, and separate budget entities placed for administrative
158	purposes within a department.
159	Section 5.  Paragraph (b) of subsection (2) of section
160	112.011, Florida Statutes, is amended to read:
161	112.011  Felons; removal of disqualifications for
162	employment, exceptions.--
163	(2)
164	(b)  This section shall not be applicable to the employment
165	practices of any fire department relating to the hiring of
166	firefighters. An applicant for employment with any fire
167	department with a prior felony conviction shall be excluded from
168	employment for a period of 4 years after expiration of sentence
169	or final release by the Parole Board Commission unless the
170	applicant, prior to the expiration of the 4-year period, has
171	received a full pardon or has had his or her civil rights
172	restored.
173	Section 6.  Subsection (1) of section 186.005, Florida
174	Statutes, is amended to read:
175	186.005  Designation of departmental planning officer.--
176	(1)  The head of each executive department and the Public
177	Service Commission, the Fish and Wildlife Conservation
178	Commission, the Parole Commission, and the Department of
179	Military Affairs shall select from within such agency a person
180	to be designated as the planning officer for such agency. The
181	planning officer shall be responsible for coordinating with the
182	Executive Office of the Governor and with the planning officers
183	of other agencies all activities and responsibilities of such
184	agency relating to planning.
185	Section 7.  Subsection (3) of section 255.502, Florida
186	Statutes, is amended to read:
187	255.502  Definitions; ss. 255.501-255.525.--As used in this
188	act, the following words and terms shall have the following
189	meanings unless the context otherwise requires:
190	(3)  "Agency" means any department created by chapter 20,
191	the Executive Office of the Governor, the Fish and Wildlife
192	Conservation Commission, the Parole Commission, the State Board
193	of Administration, the Department of Military Affairs, or the
194	Legislative Branch or the Judicial Branch of state government.
195	Section 8.  Paragraph (e) of subsection (3) of section
196	311.12, Florida Statutes, is amended to read:
197	311.12  Seaport security standards; inspections;
198	compliance; appeals.--
199	(3)
200	(e)  The Department of Law Enforcement shall establish a
201	waiver process to allow unescorted access to an individual who
202	is found to be unqualified under paragraph (c) and denied
203	employment by a seaport. The waiver consideration shall be based
204	on the circumstances of any disqualifying act or offense,
205	restitution made by the individual, and other factors from which
206	it may be determined that the individual does not pose a risk of
207	engaging in theft, drug trafficking, or terrorism within the
208	public seaports regulated under this chapter or of harming any
209	person. The waiver process shall begin when an individual who
210	has been denied initial employment within or regular unescorted
211	access to restricted areas of a public seaport as described in
212	paragraph (c) submits an application for a waiver and notarized
213	letter or affidavit from the individual's employer or union
214	representative which states the mitigating reasons for
215	initiating the waiver process. No later than 90 days after
216	receipt of the application, the department administrative staff
217	of the Parole Commission shall conduct a factual review of the
218	waiver application. Findings of fact shall be transmitted to the
219	Department of Law Enforcement for review. The department shall
220	make a copy of those findings available to the applicant before
221	final disposition of the waiver request. The department shall
222	make a final disposition of the waiver request based on the
223	factual findings of its the investigation by the Parole
224	Commission. The department shall notify the waiver applicant and
225	the port authority that originally denied employment to the
226	applicant of the final disposition of the waiver. The review
227	process under this paragraph is exempt from chapter 120.
228	Section 9.  Paragraph (c) of subsection (1) of section
229	322.16, Florida Statutes, is amended to read:
230	322.16  License restrictions.--
231	(1)
232	(c)  The department may further, at any time, impose other
233	restrictions on the use of the license with respect to time and
234	purpose of use or may impose any other condition or restriction
235	upon recommendation of any court, of the Parole Board
236	Commission, or of the Department of Corrections with respect to
237	any individual who is under the jurisdiction, supervision, or
238	control of the entity that made the recommendation.
239	Section 10.  Subsection (2) of section 394.926, Florida
240	Statutes, is amended to read:
241	394.926  Notice to victims of release of persons committed
242	as sexually violent predators; notice to Department of
243	Corrections and Parole Board Commission.--
244	(2)  If a sexually violent predator who has an active or
245	pending term of probation, community control, parole,
246	conditional release, or other court-ordered or postprison
247	release supervision is released from custody, the department
248	must immediately notify the Department of Corrections' Office of
249	Community Corrections in Tallahassee. The Parole Board
250	Commission must also be immediately notified of any releases of
251	a sexually violent predator who has an active or pending term of
252	parole, conditional release, or other postprison release
253	supervision that is administered by the Parole Board Commission.
254	Section 11.  Subsection (2) of section 394.927, Florida
255	Statutes, is amended to read:
256	394.927  Escape while in lawful custody; notice to victim;
257	notice to the Department of Corrections and Parole Board
258	Commission.--
259	(2)  If a person who is held in custody pursuant to a
260	finding of probable cause or commitment as a sexually violent
261	predator escapes while in custody, the department shall
262	immediately notify the victim in accordance with s. 394.926. The
263	state attorney that filed the petition for civil commitment of
264	the escapee must also be immediately notified by the department.
265	If the escapee has an active or pending term of probation,
266	community control, parole, conditional release, or other court-
267	ordered or postprison release supervision, the department shall
268	also immediately notify the Department of Corrections' Office of
269	Community Corrections in Tallahassee. The Parole Board
270	Commission shall also be immediately notified of an escape if
271	the escapee has an active or pending term of parole, conditional
272	release, or other postprison release supervision that is
273	administered by the Parole Board Commission.
274	Section 12.  Subsection (4) of section 775.089, Florida
275	Statutes, is amended to read:
276	775.089  Restitution.--
277	(4)  If a defendant is placed on probation or paroled,
278	complete satisfaction of any restitution ordered under this
279	section shall be a condition of such probation or parole. The
280	court may revoke probation, and the Parole Board Commission may
281	revoke parole, if the defendant fails to comply with such order.
282	Section 13.  Section 775.16, Florida Statutes, is amended
283	to read:
284	775.16  Drug offenses; additional penalties.--In addition
285	to any other penalty provided by law, a person who has been
286	convicted of sale of or trafficking in, or conspiracy to sell or
287	traffic in, a controlled substance under chapter 893, if such
288	offense is a felony, or who has been convicted of an offense
289	under the laws of any state or country which, if committed in
290	this state, would constitute the felony of selling or
291	trafficking in, or conspiracy to sell or traffic in, a
292	controlled substance under chapter 893, is:
293	(1)  Disqualified from applying for employment by any
294	agency of the state, unless:
295	(a)  The person has completed all sentences of imprisonment
296	or supervisory sanctions imposed by the court, by the Parole
297	Board Commission, or by law; or
298	(b)  The person has complied with the conditions of
299	subparagraphs 1. and 2. which shall be monitored by the
300	Department of Corrections while the person is under any
301	supervisory sanctions. The person under supervision may:
302	1.  Seek evaluation and enrollment in, and once enrolled
303	maintain enrollment in until completion, a drug treatment and
304	rehabilitation program which is approved by the Department of
305	Children and Family Services, unless it is deemed by the program
306	that the person does not have a substance abuse problem. The
307	treatment and rehabilitation program may be specified by:
308	a.  The court, in the case of court-ordered supervisory
309	sanctions;
310	b.  The Parole Board Commission, in the case of parole,
311	control release, or conditional release; or
312	c.  The Department of Corrections, in the case of
313	imprisonment or any other supervision required by law.
314	2.  Submit to periodic urine drug testing pursuant to
315	procedures prescribed by the Department of Corrections. If the
316	person is indigent, the costs shall be paid by the Department of
317	Corrections.
318	(2)  Disqualified from applying for a license, permit, or
319	certificate required by any agency of the state to practice,
320	pursue, or engage in any occupation, trade, vocation,
321	profession, or business, unless:
322	(a)  The person has completed all sentences of imprisonment
323	or supervisory sanctions imposed by the court, by the Parole
324	Board Commission, or by law;
325	(b)  The person has complied with the conditions of
326	subparagraphs 1. and 2. which shall be monitored by the
327	Department of Corrections while the person is under any
328	supervisory sanction. If the person fails to comply with
329	provisions of these subparagraphs by either failing to maintain
330	treatment or by testing positive for drug use, the department
331	shall notify the licensing, permitting, or certifying agency,
332	which may refuse to reissue or reinstate such license, permit,
333	or certification. The licensee, permittee, or certificateholder
334	under supervision may:
335	1.  Seek evaluation and enrollment in, and once enrolled
336	maintain enrollment in until completion, a drug treatment and
337	rehabilitation program which is approved or regulated by the
338	Department of Children and Family Services, unless it is deemed
339	by the program that the person does not have a substance abuse
340	problem. The treatment and rehabilitation program may be
341	specified by:
342	a.  The court, in the case of court-ordered supervisory
343	sanctions;
344	b.  The Parole Board Commission, in the case of parole,
345	control release, or conditional release; or
346	c.  The Department of Corrections, in the case of
347	imprisonment or any other supervision required by law.
348	2.  Submit to periodic urine drug testing pursuant to
349	procedures prescribed by the Department of Corrections. If the
350	person is indigent, the costs shall be paid by the Department of
351	Corrections; or
352	(c)  The person has successfully completed an appropriate
353	program under the Correctional Education Program.
354
355	The provisions of this section do not apply to any of the taxes,
356	fees, or permits regulated, controlled, or administered by the
357	Department of Revenue in accordance with the provisions of s.
358	213.05.
359	Section 14.  Paragraph (a) of subsection (1) of section
360	784.07, Florida Statutes, is amended to read:
361	784.07  Assault or battery of law enforcement officers,
362	firefighters, emergency medical care providers, public transit
363	employees or agents, or other specified officers;
364	reclassification of offenses; minimum sentences.--
365	(1)  As used in this section, the term:
366	(a)  "Law enforcement officer" includes a law enforcement
367	officer, a correctional officer, a correctional probation
368	officer, a part-time law enforcement officer, a part-time
369	correctional officer, an auxiliary law enforcement officer, and
370	an auxiliary correctional officer, as those terms are
371	respectively defined in s. 943.10, and any county probation
372	officer; an employee or agent of the Department of Corrections
373	who supervises or provides services to inmates or parolees; a
374	member an officer of the Parole Board Commission; a federal law
375	enforcement officer as defined in s. 901.1505; and law
376	enforcement personnel of the Fish and Wildlife Conservation
377	Commission, the Department of Environmental Protection, or the
378	Department of Law Enforcement.
379	Section 15.  Paragraph (b) of subsection (2) of section
380	784.078, Florida Statutes, is amended to read:
381	784.078  Battery of facility employee by throwing, tossing,
382	or expelling certain fluids or materials.--
383	(2)
384	(b)  "Employee" includes any person who is a parole
385	examiner assigned to with the Florida Parole Board Commission.
386	Section 16.  Section 843.01, Florida Statutes, is amended
387	to read:
388	843.01  Resisting officer with violence to his or her
389	person.--Whoever knowingly and willfully resists, obstructs, or
390	opposes any officer as defined in s. 943.10(1), (2), (3), (6),
391	(7), (8), or (9); member of the Parole Board Commission or any
392	administrative aide or supervisor assigned to employed by the
393	board commission; parole and probation supervisor; county
394	probation officer; personnel or representative of the Department
395	of Law Enforcement; or other person legally authorized to
396	execute process in the execution of legal process or in the
397	lawful execution of any legal duty, by offering or doing
398	violence to the person of such officer or legally authorized
399	person, commits is guilty of a felony of the third degree,
400	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
401	Section 17.  Section 843.02, Florida Statutes, is amended
402	to read:
403	843.02  Resisting officer without violence to his or her
404	person.--Whoever shall resist, obstruct, or oppose any officer
405	as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9);
406	member of the Parole Board Commission or any administrative aide
407	or supervisor assigned to employed by the board commission;
408	county probation officer; parole and probation supervisor;
409	personnel or representative of the Department of Law
410	Enforcement; or other person legally authorized to execute
411	process in the execution of legal process or in the lawful
412	execution of any legal duty, without offering or doing violence
413	to the person of the officer, commits shall be guilty of a
414	misdemeanor of the first degree, punishable as provided in s.
415	775.082 or s. 775.083.
416	Section 18.  Section 843.08, Florida Statutes, is amended
417	to read:
418	843.08  Falsely personating officer, etc.--A person who
419	falsely assumes or pretends to be a sheriff, officer of the
420	Florida Highway Patrol, officer of the Fish and Wildlife
421	Conservation Commission, officer of the Department of
422	Environmental Protection, officer of the Department of
423	Transportation, officer of the Department of Financial Services,
424	officer of the Department of Corrections, correctional probation
425	officer, deputy sheriff, state attorney or assistant state
426	attorney, statewide prosecutor or assistant statewide
427	prosecutor, state attorney investigator, coroner, police
428	officer, lottery special agent or lottery investigator, beverage
429	enforcement agent, or watchman, or any member of the Parole
430	Board Commission and any administrative aide or supervisor
431	assigned to employed by the board commission, or any personnel
432	or representative of the Department of Law Enforcement, or a
433	federal law enforcement officer as defined in s. 901.1505, and
434	takes upon himself or herself to act as such, or to require any
435	other person to aid or assist him or her in a matter pertaining
436	to the duty of any such officer, commits a felony of the third
437	degree, punishable as provided in s. 775.082, s. 775.083, or s.
438	775.084; however, a person who falsely personates any such
439	officer during the course of the commission of a felony commits
440	a felony of the second degree, punishable as provided in s.
441	775.082, s. 775.083, or s. 775.084; except that if the
442	commission of the felony results in the death or personal injury
443	of another human being, the person commits a felony of the first
444	degree, punishable as provided in s. 775.082, s. 775.083, or s.
445	775.084.
446	Section 19.  Paragraph (a) of subsection (1) of section
447	893.11, Florida Statutes, is amended to read:
448	893.11  Suspension, revocation, and reinstatement of
449	business and professional licenses.--Upon the conviction in any
450	court of competent jurisdiction of any person holding a license,
451	permit, or certificate issued by a state agency, for sale of, or
452	trafficking in, a controlled substance or for conspiracy to
453	sell, or traffic in, a controlled substance, if such offense is
454	a felony, the clerk of said court shall send a certified copy of
455	the judgment of conviction with the person's license number,
456	permit number, or certificate number on the face of such
457	certified copy to the agency head by whom the convicted
458	defendant has received a license, permit, or certificate to
459	practice his or her profession or to carry on his or her
460	business. Such agency head shall suspend or revoke the license,
461	permit, or certificate of the convicted defendant to practice
462	his or her profession or to carry on his or her business. Upon a
463	showing by any such convicted defendant whose license, permit,
464	or certificate has been suspended or revoked pursuant to this
465	section that his or her civil rights have been restored or upon
466	a showing that the convicted defendant meets the following
467	criteria, the agency head may reinstate or reactivate such
468	license, permit, or certificate when:
469	(1)  The person has complied with the conditions of
470	paragraphs (a) and (b) which shall be monitored by the
471	Department of Corrections while the person is under any
472	supervisory sanction. If the person fails to comply with
473	provisions of these paragraphs by either failing to maintain
474	treatment or by testing positive for drug use, the department
475	shall notify the licensing, permitting, or certifying agency,
476	which shall revoke the license, permit, or certification. The
477	person under supervision may:
478	(a)  Seek evaluation and enrollment in, and once enrolled
479	maintain enrollment in until completion, a drug treatment and
480	rehabilitation program which is approved or regulated by the
481	Department of Children and Family Services. The treatment and
482	rehabilitation program shall be specified by:
483	1.  The court, in the case of court-ordered supervisory
484	sanctions;
485	2.  The Parole Board Commission, in the case of parole,
486	control release, or conditional release; or
487	3.  The Department of Corrections, in the case of
488	imprisonment or any other supervision required by law.
489
490	This section does not apply to any of the taxes, fees, or
491	permits regulated, controlled, or administered by the Department
492	of Revenue in accordance with s. 213.05.
493	Section 20.  Subsection (2) of section 921.16, Florida
494	Statutes, is amended to read:
495	921.16  When sentences to be concurrent and when
496	consecutive.--
497	(2)  A county court or circuit court of this state may
498	direct that the sentence imposed by such court be served
499	concurrently with a sentence imposed by a court of another state
500	or of the United States or, for purposes of this section,
501	concurrently with a sentence to be imposed in another
502	jurisdiction. In such case, the Department of Corrections may
503	designate the correctional institution of the other jurisdiction
504	as the place for reception and confinement of such person and
505	may also designate the place in Florida for reception and
506	confinement of such person in the event that confinement in the
507	other jurisdiction terminates before the expiration of the
508	Florida sentence. The sheriff shall forward commitment papers
509	and other documents specified in s. 944.17 to the department.
510	Upon imposing such a sentence, the court shall notify the Parole
511	Board Commission as to the jurisdiction in which the sentence is
512	to be served. Any prisoner so released to another jurisdiction
513	shall be eligible for consideration for parole by the Parole
514	Board Commission pursuant to the provisions of chapter 947,
515	except that the board commission shall determine the presumptive
516	parole release date and the effective parole release date by
517	requesting such person's file from the receiving jurisdiction.
518	Upon receiving such records, the board commission shall
519	determine these release dates based on the relevant information
520	in that file and shall give credit toward reduction of the
521	Florida sentence for gain-time granted by the jurisdiction where
522	the inmate is serving the sentence. The Parole Board Commission
523	may concur with the parole release decision of the jurisdiction
524	granting parole and accepting supervision.
525	Section 21.  Section 921.20, Florida Statutes, is repealed.
526	Section 22.  Section 921.21, Florida Statutes, is amended
527	to read:
528	921.21  Progress reports to Parole Board Commission.--From
529	time to time the Department of Corrections shall submit to the
530	Parole Board Commission progress reports and recommendations
531	regarding prisoners sentenced under s. 921.18. When the
532	classification board of the Department of Corrections determines
533	that justice and the public welfare will best be served by
534	paroling or discharging a prisoner, it shall transmit its
535	finding to the Parole Board Commission. The board commission
536	shall have the authority to place the prisoner on parole as
537	provided by law or give the prisoner a full discharge from
538	custody. The period of a parole granted by the Parole Board
539	Commission shall be in its discretion, but the parole period
540	shall not exceed the maximum term for which the prisoner was
541	sentenced.
542	Section 23.  Section 921.22, Florida Statutes, is amended
543	to read:
544	921.22  Determination of exact period of imprisonment by
545	Parole Board Commission.--Upon the recommendation of the
546	Department of Corrections, the Parole Board Commission shall
547	have the authority to determine the exact period of imprisonment
548	to be served by defendants sentenced under the provisions of s.
549	921.18, but a prisoner shall not be held in custody longer than
550	the maximum sentence provided for the offense.
551	Section 24.  Section 940.03, Florida Statutes, is amended
552	to read:
553	940.03  Application for executive clemency.--When any
554	person intends to apply for remission of any fine or forfeiture
555	or the commutation of any punishment, or for pardon or
556	restoration of civil rights, he or she shall request an
557	application form from the Department of Corrections Parole
558	Commission in compliance with such rules regarding application
559	for executive clemency as are adopted by the Governor with the
560	approval of two members of the Cabinet. Such application may
561	require the submission of a certified copy of the applicant's
562	indictment or information, the judgment adjudicating the
563	applicant to be guilty, and the sentence, if sentence has been
564	imposed, and may also require the applicant to send a copy of
565	the application to the judge and prosecuting attorney of the
566	court in which the applicant was convicted, notifying them of
567	the applicant's intent to apply for executive clemency. An
568	application for executive clemency for a person who is sentenced
569	to death must be filed within 1 year after the date the Supreme
570	Court issues a mandate on a direct appeal or the United States
571	Supreme Court denies a petition for certiorari, whichever is
572	later.
573	Section 25.  Subsection (3) of section 940.05, Florida
574	Statutes, is amended to read:
575	940.05  Restoration of civil rights.--Any person who has
576	been convicted of a felony may be entitled to the restoration of
577	all the rights of citizenship enjoyed by him or her prior to
578	conviction if the person has:
579	(3)  Been granted his or her final release by the Parole
580	Board Commission.
581	Section 26.  Subsections (2) and (3) of section 941.23,
582	Florida Statutes, are amended to read:
583	941.23  Application for issuance of requisition; by whom
584	made; contents.--
585	(2)  When the return to this state is required of a person
586	who has been convicted of a crime in this state and has escaped
587	from confinement or broken the terms of his or her bail,
588	probation, or parole, the state attorney of the county in which
589	the offense was committed, the Parole Board Commission, the
590	Department of Corrections, or the warden of the institution or
591	sheriff of the county, from which escape was made, shall present
592	to the Governor a written application for a requisition for the
593	return of such person, in which application shall be stated the
594	name of the person, the crime of which the person was convicted,
595	the circumstances of his or her escape from confinement or of
596	the breach of the terms of his or her bail, probation, or
597	parole, and the state in which the person is believed to be,
598	including the location of the person therein at the time
599	application is made.
600	(3)  The application shall be verified by affidavit, shall
601	be executed in duplicate, and shall be accompanied by two
602	certified copies of the indictment returned or information and
603	affidavit filed or of the complaint made to the judge, stating
604	the offense with which the accused is charged, or of the
605	judgment of conviction or of the sentence. The prosecuting
606	officer, Parole Board Commission, Department of Corrections,
607	warden, or sheriff may also attach such further affidavits and
608	other documents in duplicate as he or she shall deem proper to
609	be submitted with such application. One copy of the application,
610	with the action of the Governor indicated by endorsement
611	thereon, and one of the certified copies of the indictment,
612	complaint, information, and affidavits or of the judgment of
613	conviction or of the sentence shall be filed in the office of
614	the Department of State to remain of record in that office. The
615	other copies of all papers shall be forwarded with the
616	Governor's requisition.
617	Section 27.  Subsection (7) of section 943.0311, Florida
618	Statutes, is amended to read:
619	943.0311  Chief of Domestic Security; duties of the
620	department with respect to domestic security.--
621	(7)  As used in this section, the term "state agency"
622	includes the Agency for Health Care Administration, the Agency
623	for Workforce Innovation, the Department of Agriculture and
624	Consumer Services, the Department of Business and Professional
625	Regulation, the Department of Children and Family Services, the
626	Department of Citrus, the Department of Community Affairs, the
627	Department of Corrections, the Department of Education, the
628	Department of Elderly Affairs, the Department of Environmental
629	Protection, the Department of Financial Services, the Department
630	of Health, the Department of Highway Safety and Motor Vehicles,
631	the Department of Juvenile Justice, the Department of Law
632	Enforcement, the Department of Legal Affairs, the Department of
633	Management Services, the Department of Military Affairs, the
634	Department of Revenue, the Department of State, the Department
635	of the Lottery, the Department of Transportation, the Department
636	of Veterans' Affairs, the Fish and Wildlife Conservation
637	Commission, the Parole Commission, the State Board of
638	Administration, and the Executive Office of the Governor.
639	Section 28.  Subsection (1) of section 943.06, Florida
640	Statutes, is amended to read:
641	943.06  Criminal and Juvenile Justice Information Systems
642	Council.--There is created a Criminal and Juvenile Justice
643	Information Systems Council within the department.
644	(1)  The council shall be composed of 14 members,
645	consisting of the Attorney General or a designated assistant;
646	the executive director of the Department of Law Enforcement or a
647	designated assistant; the secretary of the Department of
648	Corrections or a designated assistant; the chair of the Parole
649	Board Commission or a designated assistant; the Secretary of
650	Juvenile Justice or a designated assistant; the executive
651	director of the Department of Highway Safety and Motor Vehicles
652	or a designated assistant; the State Courts Administrator or a
653	designated assistant; 1 public defender appointed by the Florida
654	Public Defender Association, Inc.; 1 state attorney appointed by
655	the Florida Prosecuting Attorneys Association, Inc.; and 5
656	members, to be appointed by the Governor, consisting of 2
657	sheriffs, 2 police chiefs, and 1 clerk of the circuit court.
658	Section 29.  Paragraph (a) of subsection (9) of section
659	943.325, Florida Statutes, is amended to read:
660	943.325  Blood or other biological specimen testing for DNA
661	analysis.--
662	(9)  The Department of Law Enforcement shall:
663	(a)  Receive, process, and store blood specimen samples or
664	other approved biological specimen samples and the data derived
665	therefrom furnished pursuant to subsection (1), pursuant to a
666	requirement of supervision imposed by the court or the Parole
667	Board Commission with respect to a person convicted of any
668	offense specified in subsection (1), or as specified in
669	subsection (6).
670	Section 30.  Subsection (5) of section 944.012, Florida
671	Statutes, is amended to read:
672	944.012  Legislative intent.--The Legislature hereby finds
673	and declares that:
674	(5)  In order to make the correctional system an efficient
675	and effective mechanism, the various agencies involved in the
676	correctional process must coordinate their efforts. Where
677	possible, interagency offices should be physically located
678	within major institutions and should include representatives of
679	the Florida State Employment Service, and the vocational
680	rehabilitation programs of the Department of Education, and the
681	Parole Commission. Duplicative and unnecessary methods of
682	evaluating offenders must be eliminated and areas of
683	responsibility consolidated in order to more economically
684	utilize present scarce resources.
685	Section 31.  Subsection (1) of section 944.02, Florida
686	Statutes, is amended to read:
687	944.02  Definitions.--The following words and phrases used
688	in this chapter shall, unless the context clearly indicates
689	otherwise, have the following meanings:
690	(1)  "Board" "Commission" means the Parole Board
691	Commission.
692	Section 32.  Subsection (5) of section 944.024, Florida
693	Statutes, is amended to read:
694	944.024  Adult intake and evaluation.--The state system of
695	adult intake and evaluation shall include:
696	(5)  The performance of postsentence intake by the
697	department. Any physical facility established by the department
698	for the intake and evaluation process prior to the offender's
699	entry into the correctional system shall provide for specific
700	office and work areas for the staff of the board commission. The
701	purpose of such a physical center shall be to combine in one
702	place as many of the rehabilitation-related functions as
703	possible, including pretrial and posttrial evaluation, parole
704	and probation services, vocational rehabilitation services,
705	family assistance services of the Department of Children and
706	Family Services, and all other rehabilitative and correctional
707	services dealing with the offender.
708	Section 33.  Section 944.091, Florida Statutes, is amended
709	to read:
710	944.091  United States prisoners, housing board
711	authorized.--The department is authorized upon request to house
712	board prisoners of the United States committed to the their
713	custody of the department by any agency of the United States if
714	such prisoners have less than 6 months remaining of their
715	federal sentence, and if such prisoners have family
716	relationships or job opportunities in this state, on a space-
717	available basis only. Daily compensation for the housing board
718	of such prisoners shall be paid at a rate to be mutually agreed
719	upon by the department and the appropriate United States agency.
720	Such compensation is to recover the total maintenance cost of
721	such prisoners which shall be not less than the average cost per
722	inmate per day for all inmates confined by the department.
723	Section 34.  Section 944.23, Florida Statutes, is amended
724	to read:
725	944.23  Persons authorized to visit state prisons.--The
726	following persons shall be authorized to visit at their pleasure
727	all state correctional institutions: The Governor, all Cabinet
728	members, members of the Legislature, judges of state courts,
729	state attorneys, public defenders, and authorized
730	representatives of the board commission. No other person not
731	otherwise authorized by law shall be permitted to enter a state
732	correctional institution except under such regulations as the
733	department may prescribe. Permission shall not be unreasonably
734	withheld from those who give sufficient evidence to the
735	department that they are bona fide reporters or writers.
736	Section 35.  Subsection (2) of section 944.291, Florida
737	Statutes, is amended to read:
738	944.291  Prisoner released by reason of gain-time
739	allowances or attainment of provisional release date.--
740	(2)  Any prisoner who is convicted of a crime committed on
741	or after October 1, 1988, which crime is contained in category
742	1, category 2, category 3, or category 4 of Rule 3.701 and Rule
743	3.988, Florida Rules of Criminal Procedure, and who has served
744	at least one prior felony commitment at a state or federal
745	correctional institution, or is sentenced as a habitual or
746	violent habitual offender pursuant to s. 775.084, may only be
747	released under conditional release supervision as described in
748	chapter 947. Not fewer than 90 days prior to the tentative
749	release date or provisional release date, whichever is earlier,
750	the department shall provide the board commission with the name
751	and inmate identification number for each eligible inmate.
752	Section 36.  Paragraph (b) of subsection (2), paragraph (a)
753	of subsection (7), and subsection (8) of section 944.4731,
754	Florida Statutes, are amended to read:
755	944.4731  Addiction-Recovery Supervision Program.--
756	(2)
757	(b)  An offender released under addiction-recovery
758	supervision shall be subject to specified terms and conditions,
759	including payment of the costs of supervision under s. 948.09
760	and any other court-ordered payments, such as child support and
761	restitution. If an offender has received a term of probation or
762	community control to be served after release from incarceration,
763	the period of probation or community control may not be
764	substituted for addiction-recovery supervision and shall follow
765	the term of addiction-recovery supervision. The Parole Board A
766	panel of not fewer than two parole commissioners shall establish
767	the terms and conditions of supervision, and the terms and
768	conditions must be included in the supervision order. In setting
769	the terms and conditions of supervision, the board parole
770	commission shall weigh heavily the program requirements,
771	including, but not limited to, work at paid employment while
772	participating in treatment and traveling restrictions. The board
773	commission shall also determine whether an offender violates the
774	terms and conditions of supervision and whether a violation
775	warrants revocation of addiction-recovery supervision pursuant
776	to s. 947.141. The board parole commission shall review the
777	offender's record for the purpose of establishing the terms and
778	conditions of supervision. The board parole commission may
779	impose any special conditions it considers warranted from its
780	review of the record. The length of supervision may not exceed
781	the maximum penalty imposed by the court.
782	(7)  While participating in a substance abuse transition
783	housing program, an offender shall:
784	(a)  Adhere to all conditions of supervision required
785	enforced by the board commission and the program provider.
786	Failure to comply with such rules or conditions may result in
787	revocation of supervision pursuant to s. 947.141.
788	(8)  The board commission may adopt rules pursuant to ss.
789	120.536(1) and 120.54 as necessary for administering this
790	section.
791	Section 37.  Paragraph (b) of subsection (1) and paragraph
792	(b) of subsection (6) of section 945.091, Florida Statutes, are
793	amended to read:
794	945.091  Extension of the limits of confinement;
795	restitution by employed inmates.--
796	(1)  The department may adopt rules permitting the
797	extension of the limits of the place of confinement of an inmate
798	as to whom there is reasonable cause to believe that the inmate
799	will honor his or her trust by authorizing the inmate, under
800	prescribed conditions and following investigation and approval
801	by the secretary, or the secretary's designee, who shall
802	maintain a written record of such action, to leave the confines
803	of that place unaccompanied by a custodial agent for a
804	prescribed period of time to:
805	(b)  Work at paid employment, participate in an education
806	or a training program, or voluntarily serve a public or
807	nonprofit agency or faith-based service group in the community,
808	while continuing as an inmate of the institution or facility in
809	which the inmate is confined, except during the hours of his or
810	her employment, education, training, or service and traveling
811	thereto and therefrom. An inmate may travel to and from his or
812	her place of employment, education, or training only by means of
813	walking, bicycling, or using public transportation or
814	transportation that is provided by a family member or employer.
815	Contingent upon specific appropriations, the department may
816	transport an inmate in a state-owned vehicle if the inmate is
817	unable to obtain other means of travel to his or her place of
818	employment, education, or training.
819	1.  An inmate may participate in paid employment only
820	during the last 36 months of his or her confinement, unless
821	sooner requested by the Parole Board Commission or the Control
822	Release Authority.
823	2.  While working at paid employment and residing in the
824	facility, an inmate may apply for placement at a contracted
825	substance abuse transition housing program. The transition
826	assistance specialist shall inform the inmate of program
827	availability and assess the inmate's need and suitability for
828	transition housing assistance. If an inmate is approved for
829	placement, the specialist shall assist the inmate. If an inmate
830	requests and is approved for placement in a contracted faith-
831	based substance abuse transition housing program, the specialist
832	must consult with the chaplain prior to such placement. The
833	department shall ensure that an inmate's faith orientation, or
834	lack thereof, will not be considered in determining admission to
835	a faith-based program and that the program does not attempt to
836	convert an inmate toward a particular faith or religious
837	preference.
838	(6)
839	(b)  An offender who is required to provide restitution or
840	reparation may petition the circuit court to amend the amount of
841	restitution or reparation required or to revise the schedule of
842	repayment established by the department or the Parole Board
843	Commission.
844	Section 38.  Paragraph (d) of subsection (1), paragraphs
845	(a) and (b) of subsection (2), and subsection (5) of section
846	945.10, Florida Statutes, are amended to read:
847	945.10  Confidential information.--
848	(1)  Except as otherwise provided by law or in this
849	section, the following records and information held by the
850	Department of Corrections are confidential and exempt from the
851	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
852	Constitution:
853	(d)  Parole Board Commission records which are confidential
854	or exempt from public disclosure by law.
855	(2)  The records and information specified in paragraphs
856	(1)(a)-(h) may be released as follows unless expressly
857	prohibited by federal law:
858	(a)  Information specified in paragraphs (1)(b), (d), and
859	(f) to the Office of the Governor, the Legislature, the Parole
860	Board Commission, the Department of Children and Family
861	Services, a private correctional facility or program that
862	operates under a contract, the Department of Legal Affairs, a
863	state attorney, the court, or a law enforcement agency. A
864	request for records or information pursuant to this paragraph
865	need not be in writing.
866	(b)  Information specified in paragraphs (1)(c), (e), and
867	(h) to the Office of the Governor, the Legislature, the Parole
868	Board Commission, the Department of Children and Family
869	Services, a private correctional facility or program that
870	operates under contract, the Department of Legal Affairs, a
871	state attorney, the court, or a law enforcement agency. A
872	request for records or information pursuant to this paragraph
873	must be in writing and a statement provided demonstrating a need
874	for the records or information.
875
876	Records and information released under this subsection remain
877	confidential and exempt from the provisions of s. 119.07(1) and
878	s. 24(a), Art. I of the State Constitution when held by the
879	receiving person or entity.
880	(5)  The Department of Corrections and the Parole Board
881	Commission shall mutually cooperate with respect to maintaining
882	the confidentiality of records that are exempt from the
883	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
884	Constitution.
885	Section 39.  Subsection (3) of section 945.25, Florida
886	Statutes, is amended to read:
887	945.25  Records.--
888	(3)  Following the initial hearing provided for in s.
889	947.172(1), the Parole Board commission shall prepare and the
890	department shall include in the department official record a
891	copy of the seriousness-of-offense and favorable-parole-outcome
892	scores and shall include a listing of the specific factors and
893	information used in establishing a presumptive parole release
894	date for the inmate.
895	Section 40.  Subsection (3) of section 945.47, Florida
896	Statutes, is amended to read:
897	945.47  Discharge of inmate from mental health treatment.--
898	(3)  At any time that an inmate who has received mental
899	health treatment while in the custody of the department becomes
900	eligible for release on parole, a complete record of the
901	inmate's treatment shall be provided to the Parole Board
902	Commission and to the Department of Children and Family
903	Services. The record shall include, at least, the inmate's
904	diagnosis, length of stay in treatment, clinical history,
905	prognosis, prescribed medication, and treatment plan and
906	recommendations for aftercare services. In the event that the
907	inmate is released on parole, the record shall be provided to
908	the parole officer who shall assist the inmate in applying for
909	services from a professional or an agency in the community. The
910	application for treatment and continuation of treatment by the
911	inmate may be made a condition of parole, as provided in s.
912	947.19(1); and a failure to participate in prescribed treatment
913	may be a basis for initiation of parole violation hearings.
914	Section 41.  Subsection (6) of section 945.73, Florida
915	Statutes, is amended to read:
916	945.73  Inmate training program operation.--
917	(6)  The department shall work cooperatively with the
918	Control Release Authority, the Florida Parole Board Commission,
919	or such other authority as may exist or be established in the
920	future which is empowered by law to effect the release of an
921	inmate who has successfully completed the requirements
922	established by ss. 945.71-945.74.
923	Section 42.  Section 947.001, Florida Statutes, is
924	repealed.
925	Section 43.  Subsection (3) of section 947.002, Florida
926	Statutes, is amended to read:
927	947.002  Intent.--
928	(3)  The chair shall be the agency head. While the
929	commission is responsible for making decisions on the granting
930	and revoking of parole, the chair shall establish, execute, and
931	be held accountable for all administrative policy decisions. The
932	routine administrative decisions are the full responsibility of
933	the chair.
934	Section 44.  Subsection (1) of section 947.005, Florida
935	Statutes, is amended to read:
936	947.005  Definitions.--As used in this chapter, unless the
937	context clearly indicates otherwise:
938	(1)  "Board" "Commission" means the Parole Board
939	Commission.
940	Section 45.  Section 947.01, Florida Statutes, is amended
941	to read:
942	947.01  Parole Board Commission; creation; number of
943	members.--A Parole Board Commission is created to consist of
944	three six members who are residents of the state. Effective July
945	1, 1996, the membership of the commission shall be three
946	members. The board shall be administratively housed within the
947	Department of Corrections, which shall provide administrative
948	support and services to the board. The members of the board are
949	not subject to the control, supervision, or direction of the
950	department related to the constitutional or statutory duties of
951	the board.
952	Section 46.  Subsections (1), (2), and (3) of section
953	947.02, Florida Statutes, are amended to read:
954	947.02  Parole Board Commission; members, appointment.--
955	(1)  Except as provided in s. 947.021, The members of the
956	Parole Board Commission shall be appointed by the Governor and
957	Cabinet from a list of eligible applicants submitted by a parole
958	qualifications committee. The appointments of members of the
959	board commission shall be certified to the Senate by the
960	Governor and Cabinet for confirmation, and the membership of the
961	board commission shall include representation from minority
962	persons as defined in s. 288.703.
963	(2)  A parole qualifications committee shall consist of
964	five persons who are appointed by the Governor and Cabinet. One
965	member shall be designated as chair by the Governor and Cabinet.
966	The committee shall provide for statewide advertisement and the
967	receiving of applications for any position or positions on the
968	board commission and shall devise a plan for the determination
969	of the qualifications of the applicants by investigations and
970	comprehensive evaluations, including, but not limited to,
971	investigation and evaluation of the character, habits, and
972	philosophy of each applicant. Each parole qualifications
973	committee shall exist for 2 years. If additional vacancies on
974	the board commission occur during this 2-year period, the
975	committee may advertise and accept additional applications;
976	however, all previously submitted applications shall be
977	considered along with the new applications according to the
978	previously established plan for the evaluation of the
979	qualifications of applicants.
980	(3)  Within 90 days before an anticipated vacancy by
981	expiration of term pursuant to s. 947.03 or upon any other
982	vacancy, the Governor and Cabinet shall appoint a parole
983	qualifications committee if one has not been appointed during
984	the previous 2 years. The committee shall consider applications
985	for the board commission seat, including the application of an
986	incumbent board member commissioner if he or she applies,
987	according to the provisions of subsection (2). The committee
988	shall submit a list of three eligible applicants, which may
989	include the incumbent if the committee so decides, without
990	recommendation, to the Governor and Cabinet for appointment to
991	the board commission. In the case of an unexpired term, the
992	appointment must be for the remainder of the unexpired term and
993	until a successor is appointed and qualified. If more than one
994	seat is vacant, the committee shall submit a list of eligible
995	applicants, without recommendation, containing a number of names
996	equal to three times the number of vacant seats; however, the
997	names submitted shall not be distinguished by seat, and each
998	submitted applicant shall be considered eligible for each
999	vacancy.
1000	Section 47.  Section 947.021, Florida Statutes, is
1001	repealed.
1002	Section 48.  Subsections (1) and (2) of section 947.03,
1003	Florida Statutes, are amended to read:
1004	947.03  Parole Board members Commissioners; tenure and
1005	removal.--
1006	(1)  Upon the expiration of the term of any member of the
1007	board commission, a successor shall be appointed by the Governor
1008	and Cabinet for a term of 6 years, unless otherwise provided by
1009	law. No person is eligible to be appointed for more than two
1010	consecutive 6-year terms.
1011	(2)  Vacancies in the membership of the board commission
1012	shall be filled by the Governor and Cabinet for the unexpired
1013	term in the manner provided for in s. 947.02.
1014	Section 49.  Section 947.04, Florida Statutes, is amended
1015	to read:
1016	947.04  Organization of board commission; officers;
1017	offices.--
1018	(1)  Before July 1 of each even-numbered year, the Governor
1019	and Cabinet shall select a chair who shall serve for a period of
1020	2 years and until a successor is selected and qualified. The
1021	Governor and Cabinet shall, at the same time that a chair is
1022	selected, select a vice chair to serve during the same 2-year
1023	period as the chair, in the absence of the chair. The chair may
1024	succeed himself or herself. The chair, as chief administrative
1025	officer of the board commission, has the authority and
1026	responsibility to plan, direct, coordinate, and execute the
1027	powers, duties, and responsibilities assigned to the board
1028	commission, except those of granting and revoking parole as
1029	provided for in this chapter. Subject to approval by the
1030	Governor and the Cabinet, the chair may assign consenting
1031	retired board members commissioners or former board members
1032	commissioners to temporary duty when there is a workload need.
1033	Any such board member commissioner shall be paid $100 for each
1034	day or portion of a day spent on the work of the board
1035	commission and shall be reimbursed for travel expenses as
1036	provided in s. 112.061. The chair is authorized to provide or
1037	disseminate information relative to parole by means of
1038	documents, seminars, programs, or otherwise as he or she
1039	determines necessary. The chair shall establish, execute, and be
1040	held accountable for all administrative policy decisions.
1041	However, Decisions to grant or revoke parole shall be made in
1042	accordance with the provisions of ss. 947.172, 947.174, and
1043	947.23. The board members commissioners shall be directly
1044	accountable to the chair in the execution of their duties as
1045	members commissioners, and the chair has authority to recommend
1046	to the Governor suspension of a member commissioner who fails to
1047	perform the duties provided for by statute.
1048	(2)  Notwithstanding the provisions of s. 20.05(1)(g), the
1049	chair shall appoint administrators with responsibility for the
1050	management of commission activities in the following functional
1051	areas:
1052	(a)  Administration.
1053	(b)  Operations.
1054	(c)  Clemency.
1055	(2)(3)  The members commissioners shall select from their
1056	number a secretary who shall serve for a period of 1 year or
1057	until a successor is elected and qualified.
1058	(3)(4)  The commission may establish and maintain field
1059	offices within existing administration buildings at facilities
1060	and institutions operated by the department. Headquarters shall
1061	be located in Tallahassee. The business of the board commission
1062	may shall be transacted anywhere in the state as provided in s.
1063	947.06. The board commission shall keep its official records and
1064	papers at the headquarters, which it shall furnish and equip.
1065	(5)  Acts and decisions of the chair may be modified as
1066	provided in s. 947.06.
1067	Section 50.  For purposes of s. 947.04(1), Florida
1068	Statutes, as amended by this act, the terms "retired board
1069	members" and "former board members" shall include retired and
1070	former members of the Parole Commission.
1071	Section 51.  Section 947.045, Florida Statutes, is
1072	repealed.
1073	Section 52.  Section 947.05, Florida Statutes, is amended
1074	to read:
1075	947.05  Seal.--The board commission shall adopt an official
1076	seal of which the courts shall take judicial notice.
1077	Section 53.  Section 947.06, Florida Statutes, is amended
1078	to read:
1079	947.06  Meeting; quorum; when board commission may
1080	act.--The board commission shall meet at regularly scheduled
1081	intervals and from time to time as may otherwise be determined
1082	by the chair. Action by the board The making of recommendations
1083	to the Governor and Cabinet in matters relating to modifications
1084	of acts and decisions of the chair as provided in s. 947.04(1)
1085	shall be by a majority vote of the board commission. No prisoner
1086	shall be placed on parole except as provided in ss. 947.172 and
1087	947.174 by a panel of no fewer than two commissioners appointed
1088	by the chair. Two members of the board shall constitute a
1089	quorum. All matters relating to the granting, denying, or
1090	revoking of parole shall be decided in a meeting at which the
1091	public shall have the right to be present. Victims of the crime
1092	committed by the inmate shall be permitted to make an oral
1093	statement or submit a written statement regarding their views as
1094	to the granting, denying, or revoking of parole;. other persons
1095	not members or employees of the commission or victims of the
1096	crime committed by the inmate may be permitted to participate in
1097	deliberations concerning the granting and revoking of paroles
1098	only upon the prior written approval of the chair of the
1099	commission. To facilitate the ability of victims and other
1100	persons to attend commission meetings, the board may commission
1101	shall meet in various counties including, but not limited to,
1102	Broward, Dade, Duval, Escambia, Hillsborough, Leon, Orange, and
1103	Palm Beach, with the location chosen being as close as possible
1104	to the location where the parole-eligible inmate committed the
1105	offense for which the parole-eligible inmate was sentenced. To
1106	facilitate cost savings, the board may take testimony by
1107	electronic video conferencing. The board commission shall adopt
1108	rules governing the oral participation of victims and the
1109	submission of written statements by victims.
1110	Section 54.  Section 947.07, Florida Statutes, is amended
1111	to read:
1112	947.07  Rules.--The board commission has authority to adopt
1113	rules pursuant to ss. 120.536(1) and 120.54 governing matters
1114	relating to parole, conditional release, control release,
1115	conditional medical release, or addiction-recovery supervision,
1116	and for its governance, including among other things rules of
1117	practice and procedure before the board and rules prescribing
1118	qualifications to be possessed by its employees.
1119	Section 55.  Section 947.071, Florida Statutes, is amended
1120	to read:
1121	947.071  Rulemaking procedures; indexing of orders.--
1122	(1)  It is the intent of the Legislature that all
1123	rulemaking procedures by the commission be conducted pursuant to
1124	the Administrative Procedure Act, chapter 120.
1125	(2)  The only final orders of the board commission which
1126	shall be indexed pursuant to chapter 120 are:
1127	(1)(a)  Orders granting parole.
1128	(2)(b)  Orders revoking parole.
1129	(3)(c)  Orders restoring to supervision.
1130	(4)(d)  Orders releasing from custody and further
1131	supervision.
1132	(5)(e)  Early parole termination orders.
1133	(6)(f)  Orders granting conditional release.
1134	(7)(g)  Orders revoking conditional release.
1135	Section 56.  Section 947.10, Florida Statutes, is amended
1136	to read:
1137	947.10  Business and political activity upon part of
1138	members and full-time employees of Parole Board commission.--No
1139	member of the board commission and no full-time employee thereof
1140	shall, during her or his service upon or under the board
1141	commission, engage in any other business or profession or hold
1142	any other public office, nor shall she or he serve as the
1143	representative of any political party, or any executive
1144	committee or other governing body thereof, or as an executive
1145	officer or employee of any political committee, organization, or
1146	association or be engaged on the behalf of any candidate for
1147	public office in the solicitation of votes or otherwise.
1148	However, this shall not be deemed to exclude the appointment of
1149	the Secretary of Corrections to the commission under the terms
1150	and conditions set forth in this chapter.
1151	Section 57.  Section 947.11, Florida Statutes, is amended
1152	to read:
1153	947.11  Legal adviser.--The Department of Legal Affairs
1154	shall be the legal adviser of the board commission.
1155	Section 58.  Subsection (1) of section 947.12, Florida
1156	Statutes, is amended to read:
1157	947.12  Members, employees, expenses.--
1158	(1)  The members of the board commission and its employees
1159	shall be reimbursed for travel expenses as provided in s.
1160	112.061. All bills for expenses shall be properly receipted,
1161	audited, and approved and forwarded to the Chief Financial
1162	Officer and shall be paid in a manner and form as the bills for
1163	the expenses of the several departments of the state government
1164	are paid. All expenses, including salaries and other
1165	compensation, shall be paid from the General Revenue Fund and
1166	within the appropriation as fixed therefor by the Legislature.
1167	Such expenses shall be paid by the Chief Financial Officer upon
1168	proper warrants drawn upon vouchers and requisitions approved by
1169	the commission.
1170	Section 59.  Section 947.13, Florida Statutes, is amended
1171	to read:
1172	947.13  Powers and duties of the board commission.--
1173	(1)  The board commission shall have the powers and perform
1174	the duties of:
1175	(a)  Determining what persons shall be placed on parole,
1176	subject to the provisions of ss. 947.172 and 947.174.
1177	(b)  Fixing the time and conditions of parole, as provided
1178	in this chapter.
1179	(c)  Determining whether a person has violated parole and
1180	taking action with respect to such a violation.
1181	(d)  Making such investigations as may be necessary.
1182	(e)  Reporting to the Board of Executive Clemency the
1183	circumstances, the criminal records, and the social, physical,
1184	mental, and psychiatric conditions and histories of persons
1185	under consideration by the board for pardon, commutation of
1186	sentence, or remission of fine, penalty, or forfeiture.
1187	(e)(f)  Establishing the terms and conditions of persons
1188	released on conditional release under s. 947.1405, and
1189	determining subsequent ineligibility for conditional release due
1190	to a violation of the terms or conditions of conditional release
1191	and taking action with respect to such a violation.
1192	(f)(g)  As the Control Release Authority, determining what
1193	persons will be released on control release under s. 947.146,
1194	establishing the time and conditions of control release, if any,
1195	and determining whether a person has violated the conditions of
1196	control release and taking action with respect to such a
1197	violation.
1198	(g)(h)  Determining what persons will be released on
1199	conditional medical release under s. 947.149, establishing the
1200	conditions of conditional medical release, and determining
1201	whether a person has violated the conditions of conditional
1202	medical release and taking action with respect to such a
1203	violation.
1204	(2)(a)  The board commission shall immediately examine
1205	records of the department under s. 945.25, and any other records
1206	which it obtains, and may make such other investigations as may
1207	be necessary.
1208	(b)  The Department of Children and Family Services and all
1209	other state, county, and city agencies, sheriffs and their
1210	deputies, and all peace officers shall cooperate with the board
1211	commission and the department and shall aid and assist them in
1212	the performance of their duties.
1213	Section 60.  Section 947.135, Florida Statutes, is
1214	repealed.
1215	Section 61.  Section 958.15, Florida Statutes, is repealed.
1216	Section 62.  Section 947.1405, Florida Statutes, is amended
1217	to read:
1218	947.1405  Conditional release program.--
1219	(1)  This section and s. 947.141 may be cited as the
1220	"Conditional Release Program Act."
1221	(2)  Any inmate who:
1222	(a)  Is convicted of a crime committed on or after October
1223	1, 1988, and before January 1, 1994, and any inmate who is
1224	convicted of a crime committed on or after January 1, 1994,
1225	which crime is or was contained in category 1, category 2,
1226	category 3, or category 4 of Rule 3.701 and Rule 3.988, Florida
1227	Rules of Criminal Procedure (1993), and who has served at least
1228	one prior felony commitment at a state or federal correctional
1229	institution;
1230	(b)  Is sentenced as a habitual or violent habitual
1231	offender or a violent career criminal pursuant to s. 775.084; or
1232	(c)  Is found to be a sexual predator under s. 775.21 or
1233	former s. 775.23,
1234
1235	shall, upon reaching the tentative release date or provisional
1236	release date, whichever is earlier, as established by the
1237	Department of Corrections, be released under supervision subject
1238	to specified terms and conditions, including payment of the cost
1239	of supervision pursuant to s. 948.09. Such supervision shall be
1240	applicable to all sentences within the overall term of sentences
1241	if an inmate's overall term of sentences includes one or more
1242	sentences that are eligible for conditional release supervision
1243	as provided herein. Effective July 1, 1994, and applicable for
1244	offenses committed on or after that date, the board commission
1245	may require, as a condition of conditional release, that the
1246	releasee make payment of the debt due and owing to a county or
1247	municipal detention facility under s. 951.032 for medical care,
1248	treatment, hospitalization, or transportation received by the
1249	releasee while in that detention facility. The board commission,
1250	in determining whether to order such repayment and the amount of
1251	such repayment, shall consider the amount of the debt, whether
1252	there was any fault of the institution for the medical expenses
1253	incurred, the financial resources of the releasee, the present
1254	and potential future financial needs and earning ability of the
1255	releasee, and dependents, and other appropriate factors. If any
1256	inmate placed on conditional release supervision is also subject
1257	to probation or community control, resulting from a probationary
1258	or community control split sentence within the overall term of
1259	sentences, the Department of Corrections shall supervise such
1260	person according to the conditions imposed by the court and the
1261	board commission shall defer to such supervision. If the court
1262	revokes probation or community control and resentences the
1263	offender to a term of incarceration, such revocation also
1264	constitutes a sufficient basis for the revocation of the
1265	conditional release supervision on any nonprobationary or
1266	noncommunity control sentence without further hearing by the
1267	board commission. If any such supervision on any nonprobationary
1268	or noncommunity control sentence is revoked, such revocation may
1269	result in a forfeiture of all gain-time, and the board
1270	commission may revoke the resulting deferred conditional release
1271	supervision or take other action it considers appropriate. If
1272	the term of conditional release supervision exceeds that of the
1273	probation or community control, then, upon expiration of the
1274	probation or community control, authority for the supervision
1275	shall revert to the board commission and the supervision shall
1276	be subject to the conditions imposed by the board commission.
1277	The board A panel of no fewer than two commissioners shall
1278	establish the terms and conditions of any such release. If the
1279	offense was a controlled substance violation, the conditions
1280	shall include a requirement that the offender submit to random
1281	substance abuse testing intermittently throughout the term of
1282	conditional release supervision, upon the direction of the
1283	correctional probation officer as defined in s. 943.10(3). The
1284	board commission shall also determine whether the terms and
1285	conditions of such release have been violated and whether such
1286	violation warrants revocation of the conditional release.
1287	(3)  As part of the conditional release process, the board
1288	commission, through review and consideration of information
1289	provided by the department, shall determine:
1290	(a)  The amount of reparation or restitution.
1291	(b)  The consequences of the offense as reported by the
1292	victim aggrieved party.
1293	(c)  The victim's aggrieved party's fear of the inmate or
1294	concerns about the release of the inmate.
1295	(4)  The board commission shall provide to the victim
1296	aggrieved party information regarding the manner in which notice
1297	of any developments concerning the status of the inmate during
1298	the term of conditional release may be requested.
1299	(5)  Within 180 days prior to the tentative release date or
1300	provisional release date, whichever is earlier, a representative
1301	of the department shall review the inmate's program
1302	participation, disciplinary record, psychological and medical
1303	records, criminal records, and any other information pertinent
1304	to the impending release. The department shall gather and
1305	compile information necessary for the board commission to make
1306	the determinations set forth in subsection (3). A department
1307	representative shall conduct a personal interview with the
1308	inmate for the purpose of determining the details of the
1309	inmate's release plan, including the inmate's planned residence
1310	and employment. The department representative shall forward the
1311	inmate's release plan to the board commission and recommend to
1312	the board commission the terms and conditions of the conditional
1313	release.
1314	(6)  The board commission shall review the recommendations
1315	of the department, and such other information as it deems
1316	relevant, and may conduct a review of the inmate's record for
1317	the purpose of establishing the terms and conditions of the
1318	conditional release. The board commission may impose any special
1319	conditions it considers warranted from its review of the release
1320	plan and recommendation. If the board commission determines that
1321	the inmate is eligible for release under this section, the board
1322	commission shall enter an order establishing the length of
1323	supervision and the conditions attendant thereto. However, an
1324	inmate who has been convicted of a violation of chapter 794 or
1325	found by the court to be a sexual predator is subject to the
1326	maximum level of supervision provided, with the mandatory
1327	conditions as required in subsection (7), and that supervision
1328	shall continue through the end of the releasee's original court-
1329	imposed sentence. The length of supervision must not exceed the
1330	maximum penalty imposed by the court.
1331	(7)(a)  Any inmate who is convicted of a crime committed on
1332	or after October 1, 1995, or who has been previously convicted
1333	of a crime committed on or after October 1, 1995, in violation
1334	of chapter 794, s. 800.04, s. 827.071, or s. 847.0145, and is
1335	subject to conditional release supervision, shall have, in
1336	addition to any other conditions imposed, the following special
1337	conditions imposed by the board commission:
1338	1.  A mandatory curfew from 10 p.m. to 6 a.m. The board
1339	commission may designate another 8-hour period if the offender's
1340	employment precludes the above specified time, and such
1341	alternative is recommended by the Department of Corrections. If
1342	the board commission determines that imposing a curfew would
1343	endanger the victim, the board commission may consider
1344	alternative sanctions.
1345	2.  If the victim was under the age of 18, a prohibition on
1346	living within 1,000 feet of a school, day care center, park,
1347	playground, designated public school bus stop, or other place
1348	where children regularly congregate. A releasee who is subject
1349	to this subparagraph may not relocate to a residence that is
1350	within 1,000 feet of a public school bus stop. Beginning October
1351	1, 2004, the board commission or the department may not approve
1352	a residence that is located within 1,000 feet of a school, day
1353	care center, park, playground, designated school bus stop, or
1354	other place where children regularly congregate for any releasee
1355	who is subject to this subparagraph. On October 1, 2004, the
1356	department shall notify each affected school district of the
1357	location of the residence of a releasee 30 days prior to release
1358	and thereafter, if the releasee relocates to a new residence,
1359	shall notify any affected school district of the residence of
1360	the releasee within 30 days after relocation. If, on October 1,
1361	2004, any public school bus stop is located within 1,000 feet of
1362	the existing residence of such releasee, the district school
1363	board shall relocate that school bus stop. Beginning October 1,
1364	2004, a district school board may not establish or relocate a
1365	public school bus stop within 1,000 feet of the residence of a
1366	releasee who is subject to this subparagraph. The failure of the
1367	district school board to comply with this subparagraph shall not
1368	result in a violation of conditional release supervision.
1369	3.  Active participation in and successful completion of a
1370	sex offender treatment program with qualified practitioners
1371	specifically trained to treat sex offenders, at the releasee's
1372	own expense. If a qualified practitioner is not available within
1373	a 50-mile radius of the releasee's residence, the offender shall
1374	participate in other appropriate therapy.
1375	4.  A prohibition on any contact with the victim, directly
1376	or indirectly, including through a third person, unless approved
1377	by the victim, the offender's therapist, and the sentencing
1378	court.
1379	5.  If the victim was under the age of 18, a prohibition
1380	against contact with children under the age of 18 without review
1381	and approval by the board commission. The board commission may
1382	approve supervised contact with a child under the age of 18 if
1383	the approval is based upon a recommendation for contact issued
1384	by a qualified practitioner who is basing the recommendation on
1385	a risk assessment. Further, the sex offender must be currently
1386	enrolled in or have successfully completed a sex offender
1387	therapy program. The board commission may not grant supervised
1388	contact with a child if the contact is not recommended by a
1389	qualified practitioner and may deny supervised contact with a
1390	child at any time. When considering whether to approve
1391	supervised contact with a child, the board commission must
1392	review and consider the following:
1393	a.  A risk assessment completed by a qualified
1394	practitioner. The qualified practitioner must prepare a written
1395	report that must include the findings of the assessment and
1396	address each of the following components:
1397	(I)  The sex offender's current legal status;
1398	(II)  The sex offender's history of adult charges with
1399	apparent sexual motivation;
1400	(III)  The sex offender's history of adult charges without
1401	apparent sexual motivation;
1402	(IV)  The sex offender's history of juvenile charges,
1403	whenever available;
1404	(V)  The sex offender's offender treatment history,
1405	including a consultation from the sex offender's treating, or
1406	most recent treating, therapist;
1407	(VI)  The sex offender's current mental status;
1408	(VII)  The sex offender's mental health and substance abuse
1409	history as provided by the Department of Corrections;
1410	(VIII)  The sex offender's personal, social, educational,
1411	and work history;
1412	(IX)  The results of current psychological testing of the
1413	sex offender if determined necessary by the qualified
1414	practitioner;
1415	(X)  A description of the proposed contact, including the
1416	location, frequency, duration, and supervisory arrangement;
1417	(XI)  The child's preference and relative comfort level
1418	with the proposed contact, when age-appropriate;
1419	(XII)  The parent's or legal guardian's preference
1420	regarding the proposed contact; and
1421	(XIII)  The qualified practitioner's opinion, along with
1422	the basis for that opinion, as to whether the proposed contact
1423	would likely pose significant risk of emotional or physical harm
1424	to the child.
1425
1426	The written report of the assessment must be given to the board
1427	commission.
1428	b.  A recommendation made as a part of the risk-assessment
1429	report as to whether supervised contact with the child should be
1430	approved;
1431	c.  A written consent signed by the child's parent or legal
1432	guardian, if the parent or legal guardian is not the sex
1433	offender, agreeing to the sex offender having supervised contact
1434	with the child after receiving full disclosure of the sex
1435	offender's present legal status, past criminal history, and the
1436	results of the risk assessment. The board commission may not
1437	approve contact with the child if the parent or legal guardian
1438	refuses to give written consent for supervised contact;
1439	d.  A safety plan prepared by the qualified practitioner,
1440	who provides treatment to the offender, in collaboration with
1441	the sex offender, the child's parent or legal guardian, and the
1442	child, when age appropriate, which details the acceptable
1443	conditions of contact between the sex offender and the child.
1444	The safety plan must be reviewed and approved by the Department
1445	of Corrections before being submitted to the board commission;
1446	and
1447	e.  Evidence that the child's parent or legal guardian, if
1448	the parent or legal guardian is not the sex offender,
1449	understands the need for and agrees to the safety plan and has
1450	agreed to provide, or to designate another adult to provide,
1451	constant supervision any time the child is in contact with the
1452	offender.
1453
1454	The board commission may not appoint a person to conduct a risk
1455	assessment and may not accept a risk assessment from a person
1456	who has not demonstrated to the board commission that he or she
1457	has met the requirements of a qualified practitioner as defined
1458	in this section.
1459	6.  If the victim was under age 18, a prohibition on
1460	working for pay or as a volunteer at any school, day care
1461	center, park, playground, or other place where children
1462	regularly congregate, as prescribed by the board commission.
1463	7.  Unless otherwise indicated in the treatment plan
1464	provided by the sexual offender treatment program, a prohibition
1465	on viewing, owning, or possessing any obscene, pornographic, or
1466	sexually stimulating visual or auditory material, including
1467	telephone, electronic media, computer programs, or computer
1468	services that are relevant to the offender's deviant behavior
1469	pattern.
1470	8.  Effective for a releasee whose crime is committed on or
1471	after July 1, 2005, a prohibition on accessing the Internet or
1472	other computer services until the offender's sex offender
1473	treatment program, after a risk assessment is completed,
1474	approves and implements a safety plan for the offender's
1475	accessing or using the Internet or other computer services.
1476	9.  A requirement that the releasee must submit two
1477	specimens of blood to the Florida Department of Law Enforcement
1478	to be registered with the DNA database.
1479	10.  A requirement that the releasee make restitution to
1480	the victim, as determined by the sentencing court or the board
1481	commission, for all necessary medical and related professional
1482	services relating to physical, psychiatric, and psychological
1483	care.
1484	11.  Submission to a warrantless search by the community
1485	control or probation officer of the probationer's or community
1486	controllee's person, residence, or vehicle.
1487	(b)  For a releasee whose crime was committed on or after
1488	October 1, 1997, in violation of chapter 794, s. 800.04, s.
1489	827.071, or s. 847.0145, and who is subject to conditional
1490	release supervision, in addition to any other provision of this
1491	subsection, the board commission shall impose the following
1492	additional conditions of conditional release supervision:
1493	1.  As part of a treatment program, participation in a
1494	minimum of one annual polygraph examination to obtain
1495	information necessary for risk management and treatment and to
1496	reduce the sex offender's denial mechanisms. The polygraph
1497	examination must be conducted by a polygrapher trained
1498	specifically in the use of the polygraph for the monitoring of
1499	sex offenders, where available, and at the expense of the sex
1500	offender. The results of the polygraph examination shall not be
1501	used as evidence in a hearing to prove that a violation of
1502	supervision has occurred.
1503	2.  Maintenance of a driving log and a prohibition against
1504	driving a motor vehicle alone without the prior approval of the
1505	supervising officer.
1506	3.  A prohibition against obtaining or using a post office
1507	box without the prior approval of the supervising officer.
1508	4.  If there was sexual contact, a submission to, at the
1509	probationer's or community controllee's expense, an HIV test
1510	with the results to be released to the victim or the victim's
1511	parent or guardian.
1512	5.  Electronic monitoring of any form when ordered by the
1513	board commission.
1514	(8)  It is the finding of the Legislature that the
1515	population of offenders released from state prison into the
1516	community who meet the conditional release criteria poses the
1517	greatest threat to the public safety of the groups of offenders
1518	under community supervision. Therefore, the Department of
1519	Corrections is to provide intensive supervision by experienced
1520	correctional probation officers to conditional release
1521	offenders. Subject to specific appropriation by the Legislature,
1522	caseloads may be restricted to a maximum of 40 conditional
1523	release offenders per officer to provide for enhanced public
1524	safety and to effectively monitor conditions of electronic
1525	monitoring or curfews, if so ordered by the board commission.
1526	(9)  The board commission shall adopt rules pursuant to ss.
1527	120.536(1) and 120.54 necessary to implement the provisions of
1528	the Conditional Release Program Act.
1529	(10)  Effective for a releasee whose crime was committed on
1530	or after September 1, 2005, in violation of chapter 794, s.
1531	800.04(4), (5), or (6), s. 827.071, or s. 847.0145, and the
1532	unlawful activity involved a victim who was 15 years of age or
1533	younger and the offender is 18 years of age or older or for a
1534	releasee who is designated as a sexual predator pursuant to s.
1535	775.21, in addition to any other provision of this section, the
1536	board commission must order electronic monitoring for the
1537	duration of the releasee's supervision.
1538	Section 63.  Section 947.141, Florida Statutes, is amended
1539	to read:
1540	947.141  Violations of conditional release, control
1541	release, or conditional medical release or addiction-recovery
1542	supervision.--
1543	(1)  If a member of the board commission or a duly
1544	authorized representative of the board commission has reasonable
1545	grounds to believe that an offender who is on release
1546	supervision under s. 947.1405, s. 947.146, s. 947.149, or s.
1547	944.4731 has violated the terms and conditions of the release in
1548	a material respect, such member or representative may cause a
1549	warrant to be issued for the arrest of the releasee; if the
1550	offender was found to be a sexual predator, the warrant must be
1551	issued.
1552	(2)  Upon the arrest on a felony charge of an offender who
1553	is on release supervision under s. 947.1405, s. 947.146, s.
1554	947.149, or s. 944.4731, the offender must be detained without
1555	bond until the initial appearance of the offender at which a
1556	judicial determination of probable cause is made. If the trial
1557	court judge determines that there was no probable cause for the
1558	arrest, the offender may be released. If the trial court judge
1559	determines that there was probable cause for the arrest, such
1560	determination also constitutes reasonable grounds to believe
1561	that the offender violated the conditions of the release. Within
1562	24 hours after the trial court judge's finding of probable
1563	cause, the detention facility administrator or designee shall
1564	notify the board commission and the department of the finding
1565	and transmit to each a facsimile copy of the probable cause
1566	affidavit or the sworn offense report upon which the trial court
1567	judge's probable cause determination is based. The offender must
1568	continue to be detained without bond for a period not exceeding
1569	72 hours excluding weekends and holidays after the date of the
1570	probable cause determination, pending a decision by the board
1571	commission whether to issue a warrant charging the offender with
1572	violation of the conditions of release. Upon the issuance of the
1573	board's commission's warrant, the offender must continue to be
1574	held in custody pending a revocation hearing held in accordance
1575	with this section.
1576	(3)  Within 45 days after notice to the board Parole
1577	Commission of the arrest of a releasee charged with a violation
1578	of the terms and conditions of conditional release, control
1579	release, conditional medical release, or addiction-recovery
1580	supervision, the releasee must be afforded a hearing conducted
1581	by a board member commissioner or a duly authorized
1582	representative thereof. If the releasee elects to proceed with a
1583	hearing, the releasee must be informed orally and in writing of
1584	the following:
1585	(a)  The alleged violation with which the releasee is
1586	charged.
1587	(b)  The releasee's right to be represented by counsel.
1588	(c)  The releasee's right to be heard in person.
1589	(d)  The releasee's right to secure, present, and compel
1590	the attendance of witnesses relevant to the proceeding.
1591	(e)  The releasee's right to produce documents on the
1592	releasee's own behalf.
1593	(f)  The releasee's right of access to all evidence used
1594	against the releasee and to confront and cross-examine adverse
1595	witnesses.
1596	(g)  The releasee's right to waive the hearing.
1597	(4)  Within a reasonable time following the hearing, the
1598	board member commissioner or the board's commissioner's duly
1599	authorized representative who conducted the hearing shall make
1600	findings of fact in regard to the alleged violation. The board A
1601	panel of no fewer than two commissioners shall enter an order
1602	determining whether the charge of violation of conditional
1603	release, control release, conditional medical release, or
1604	addiction-recovery supervision has been sustained based upon the
1605	findings of fact presented by the member hearing commissioner or
1606	authorized representative. By such order, the board panel may
1607	revoke conditional release, control release, conditional medical
1608	release, or addiction-recovery supervision and thereby return
1609	the releasee to prison to serve the sentence imposed, reinstate
1610	the original order granting the release, or enter such other
1611	order as it considers proper. Effective for inmates whose
1612	offenses were committed on or after July 1, 1995, the board
1613	panel may order the placement of a releasee, upon a finding of
1614	violation pursuant to this subsection, into a local detention
1615	facility as a condition of supervision.
1616	(5)  Effective for inmates whose offenses were committed on
1617	or after July 1, 1995, notwithstanding the provisions of ss.
1618	775.08, former 921.001, 921.002, 921.187, 921.188, 944.02, and
1619	951.23, or any other law to the contrary, by such order as
1620	provided in subsection (4), the board panel, upon a finding of
1621	guilt, may, as a condition of continued supervision, place the
1622	releasee in a local detention facility for a period of
1623	incarceration not to exceed 22 months. Prior to the expiration
1624	of the term of incarceration, or upon recommendation of the
1625	chief correctional officer of that county, the board commission
1626	shall cause inquiry into the inmate's release plan and custody
1627	status in the detention facility and consider whether to restore
1628	the inmate to supervision, modify the conditions of supervision,
1629	or enter an order of revocation, thereby causing the return of
1630	the inmate to prison to serve the sentence imposed. The
1631	provisions of this section do not prohibit the board panel from
1632	entering such other order or conducting any investigation that
1633	it deems proper. The board commission may only place a person in
1634	a local detention facility pursuant to this section if there is
1635	a contractual agreement between the chief correctional officer
1636	of that county and the Department of Corrections. The agreement
1637	must provide for a per diem reimbursement for each person placed
1638	under this section, which is payable by the Department of
1639	Corrections for the duration of the offender's placement in the
1640	facility. This section does not limit the board's commission's
1641	ability to place a person in a local detention facility for less
1642	than 1 year.
1643	(6)  Whenever a conditional release, control release,
1644	conditional medical release, or addiction-recovery supervision
1645	is revoked by the board a panel of no fewer than two
1646	commissioners and the releasee is ordered to be returned to
1647	prison, the releasee, by reason of the misconduct, shall be
1648	deemed to have forfeited all gain-time or commutation of time
1649	for good conduct, as provided for by law, earned up to the date
1650	of release. However, if a conditional medical release is revoked
1651	due to the improved medical or physical condition of the
1652	releasee, the releasee shall not forfeit gain-time accrued
1653	before the date of conditional medical release. This subsection
1654	does not deprive the prisoner of the right to gain-time or
1655	commutation of time for good conduct, as provided by law, from
1656	the date of return to prison.
1657	(7)  If a law enforcement officer has probable cause to
1658	believe that an offender who is on release supervision under s.
1659	947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
1660	the terms and conditions of his or her release by committing a
1661	felony offense, the officer shall arrest the offender without a
1662	warrant, and a warrant need not be issued in the case.
1663	Section 64.  Subsection (1) and paragraph (b) of subsection
1664	(7) of section 947.146, Florida Statutes, are amended to read:
1665	947.146  Control Release Authority.--
1666	(1)  There is created a Control Release Authority which
1667	shall be composed of the members of the Parole Board Commission
1668	and which shall have the same chair as the board commission. The
1669	authority shall utilize such commission staff as it determines
1670	is necessary to carry out its purposes.
1671	(7)  The authority has the power and duty to:
1672	(b)  Authorize an individual board member commissioner to
1673	postpone a control release date for not more than 60 days
1674	without a hearing for any inmate who has become the subject of a
1675	disciplinary proceeding, a criminal arrest, an information, or
1676	an indictment; who has been terminated from work release; or
1677	about whom there is any recently discovered information as
1678	specified in paragraph (a).
1679	Section 65.  Section 947.149, Florida Statutes, is amended
1680	to read:
1681	947.149  Conditional medical release.--
1682	(1)  The board commission shall, in conjunction with the
1683	department, establish the conditional medical release program.
1684	An inmate is eligible for consideration for release under the
1685	conditional medical release program when the inmate, because of
1686	an existing medical or physical condition, is determined by the
1687	department to be within one of the following designations:
1688	(a)  "Permanently incapacitated inmate," which means an
1689	inmate who has a condition caused by injury, disease, or illness
1690	which, to a reasonable degree of medical certainty, renders the
1691	inmate permanently and irreversibly physically incapacitated to
1692	the extent that the inmate does not constitute a danger to
1693	herself or himself or others.
1694	(b)  "Terminally ill inmate," which means an inmate who has
1695	a condition caused by injury, disease, or illness which, to a
1696	reasonable degree of medical certainty, renders the inmate
1697	terminally ill to the extent that there can be no recovery and
1698	death is imminent, so that the inmate does not constitute a
1699	danger to herself or himself or others.
1700	(2)  Notwithstanding any provision to the contrary, any
1701	person determined eligible under this section and sentenced to
1702	the custody of the department may, upon referral by the
1703	department, be considered for conditional medical release by the
1704	board commission, in addition to any parole consideration for
1705	which the inmate may be considered, except that conditional
1706	medical release is not authorized for an inmate who is under
1707	sentence of death. No inmate has a right to conditional medical
1708	release or to a medical evaluation to determine eligibility for
1709	such release.
1710	(3)  The authority and whether or not to grant conditional
1711	medical release and establish additional conditions of
1712	conditional medical release rests solely within the discretion
1713	of the board commission, in accordance with the provisions of
1714	this section, together with the authority to approve the release
1715	plan to include necessary medical care and attention. The
1716	department shall identify inmates who may be eligible for
1717	conditional medical release based upon available medical
1718	information and shall refer them to the board commission for
1719	consideration. In considering an inmate for conditional medical
1720	release, the board commission may require that additional
1721	medical evidence be produced or that additional medical
1722	examinations be conducted, and may require such other
1723	investigations to be made as may be warranted.
1724	(4)  The conditional medical release term of an inmate
1725	released on conditional medical release is for the remainder of
1726	the inmate's sentence, without diminution of sentence for good
1727	behavior. Supervision of the medical releasee must include
1728	periodic medical evaluations at intervals determined by the
1729	board commission at the time of release.
1730	(5)(a)  If it is discovered during the conditional medical
1731	release that the medical or physical condition of the medical
1732	releasee has improved to the extent that she or he would no
1733	longer be eligible for conditional medical release under this
1734	section, the board commission may order that the releasee be
1735	returned to the custody of the department for a conditional
1736	medical release revocation hearing, in accordance with s.
1737	947.141. If conditional medical release is revoked due to
1738	improvement in the medical or physical condition of the
1739	releasee, she or he shall serve the balance of her or his
1740	sentence with credit for the time served on conditional medical
1741	release and without forfeiture of any gain-time accrued prior to
1742	conditional medical release. If the person whose conditional
1743	medical release is revoked due to an improvement in medical or
1744	physical condition would otherwise be eligible for parole or any
1745	other release program, the person may be considered for such
1746	release program pursuant to law.
1747	(b)  In addition to revocation of conditional medical
1748	release pursuant to paragraph (a), conditional medical release
1749	may also be revoked for violation of any condition of the
1750	release established by the board commission, in accordance with
1751	s. 947.141, and the releasee's gain-time may be forfeited
1752	pursuant to s. 944.28(1).
1753	(6)  The department and the board commission shall adopt
1754	rules as necessary to implement the conditional medical release
1755	program.
1756	Section 66.  Section 947.15, Florida Statutes, is amended
1757	to read:
1758	947.15  Reports.--On or before January 1 of each year, the
1759	board commission shall submit make a written report of to the
1760	board's Governor and Cabinet of its activities, either as a
1761	separate report or as part of another Department of Corrections
1762	report, together with a full and detailed financial statement,
1763	copies of which shall be sent to the Governor, Cabinet,
1764	President of the Senate, and Speaker of the House of
1765	Representatives Department of Legal Affairs and to such other
1766	officials and persons as the commission may deem advisable. The
1767	One copy of said report shall become a part of the records of
1768	the board commission.
1769	Section 67.  Section 947.16, Florida Statutes, is amended
1770	to read:
1771	947.16  Eligibility for parole; initial parole interviews;
1772	powers and duties of board commission.--
1773	(1)  Every person who has been convicted of a felony or who
1774	has been convicted of one or more misdemeanors and whose
1775	sentence or cumulative sentences total 12 months or more, who is
1776	confined in execution of the judgment of the court, and whose
1777	record during confinement or while under supervision is good,
1778	shall, unless otherwise provided by law, be eligible for
1779	interview with an examiner selected by the department for parole
1780	consideration of her or his cumulative sentence structure as
1781	follows:
1782	(a)  An inmate who has been sentenced for an indeterminate
1783	term or a term of 3 years or less shall have an initial
1784	interview conducted by a hearing examiner within 8 months after
1785	the initial date of confinement in execution of the judgment.
1786	(b)  An inmate who has been sentenced for a minimum term in
1787	excess of 3 years but of less than 6 years shall have an initial
1788	interview conducted by a hearing examiner within 14 months after
1789	the initial date of confinement in execution of the judgment.
1790	(c)  An inmate who has been sentenced for a minimum term of
1791	6 or more years but other than for a life term shall have an
1792	initial interview conducted by a hearing examiner within 24
1793	months after the initial date of confinement in execution of the
1794	judgment.
1795	(d)  An inmate who has been sentenced for a term of life
1796	shall have an initial interview conducted by a hearing examiner
1797	within 5 years after the initial date of confinement in
1798	execution of the judgment.
1799	(e)  An inmate who has been convicted and sentenced under
1800	ss. 958.011-958.15, or any other inmate who has been determined
1801	by the department to be a youthful offender, shall have an
1802	initial interview be interviewed by a parole examiner within 8
1803	months after the initial date of confinement in execution of the
1804	judgment.
1805	(2)  The following special types of cases shall have their
1806	initial parole interview as follows:
1807	(a)  An initial interview may be postponed for a period not
1808	to exceed 90 days. Such postponement shall be for good cause,
1809	which shall include, but need not be limited to, the need for
1810	the department to obtain a presentence or postsentence
1811	investigation report or a probation or parole or mandatory
1812	conditional release violation report. The reason for
1813	postponement shall be noted in writing and included in the
1814	department official record. No postponement for good cause shall
1815	result in an initial interview being conducted later than 90
1816	days after the inmate's initially scheduled initial interview.
1817	(b)  An initial interview may be deferred for any inmate
1818	who is out to court. Such deferral shall not result in an
1819	initial interview being conducted later than 90 days after the
1820	department provides written notice to the commission that the
1821	inmate has been returned from court.
1822	(c)  An initial interview may be deferred for any inmate
1823	confined in any appropriate treatment facility within the state,
1824	public or private, by virtue of transfer from the department
1825	under any applicable law. Such deferral shall not result in an
1826	initial interview being conducted later than 90 days after the
1827	department provides written notice to the commission that the
1828	inmate has been returned to the department.
1829	(d)  An inmate designated a mentally disordered sex
1830	offender shall have an initial interview conducted within 90
1831	days of receiving written notification by the department
1832	determining to the commission of the need for such interview and
1833	that the inmate's file contains all investigative reports deemed
1834	necessary by the department commission to conduct such
1835	interview.
1836	(e)  Any inmate who has been determined to be an
1837	incapacitated person pursuant to s. 744.331 shall have an
1838	initial interview conducted within 90 days after the date the
1839	board commission is provided with a court order finding written
1840	notice that the inmate has been restored to capacity by the
1841	court.
1842	(f)  An initial interview may be held at the discretion of
1843	the board commission after the entry of a board commission order
1844	to revoke parole or mandatory conditional release.
1845	(g)  For purposes of determining eligibility for parole
1846	interview and release, the mandatory minimum portion of a
1847	concurrent sentence will begin on the date the sentence begins
1848	to run as provided in s. 921.161. The mandatory minimum portions
1849	of consecutive sentences shall be served at the beginning of the
1850	maximum sentence as established by the department of
1851	Corrections. Each mandatory minimum portion of consecutive
1852	sentences shall be served consecutively; provided, that in no
1853	case shall a sentence begin to run before the date of
1854	imposition. An examiner The commission shall conduct an initial
1855	interview for an inmate serving a mandatory minimum sentence
1856	according to the following schedule:
1857	1.  An inmate serving a mandatory term of 7 years or less
1858	shall have an initial interview no sooner than 6 months prior to
1859	the expiration of the mandatory minimum portion of the sentence.
1860	2.  An inmate serving a mandatory term in excess of 7 years
1861	but of less than 15 years shall have an initial interview no
1862	sooner than 12 months prior to the expiration of the mandatory
1863	minimum portion of the sentence.
1864	3.  An inmate serving a mandatory term of 15 years or more
1865	shall have an initial interview no sooner than 18 months prior
1866	to the expiration of the mandatory minimum portion of the
1867	sentence.
1868	(h)  If an inmate is serving a sentence imposed by a county
1869	or circuit court of this state concurrently with a sentence
1870	imposed by a court of another state or of the United States, and
1871	if the department has designated the correctional institution of
1872	the other jurisdiction as the place for reception and
1873	confinement of such person, the inmate so released to another
1874	jurisdiction shall be eligible for consideration for parole,
1875	except that the board commission shall determine the presumptive
1876	parole release date and the effective parole release date by
1877	requesting such person's record file from the receiving
1878	jurisdiction. Upon receiving such records, the board commission
1879	panel assigned by the chair shall determine such release dates
1880	based on the relevant information in that file. The board
1881	commission may concur with the parole release decision of the
1882	jurisdiction granting parole and accepting supervision. The
1883	provisions of s. 947.174 do not apply to an inmate serving a
1884	concurrent sentence in another jurisdiction pursuant to s.
1885	921.16(2).
1886	(3)  Notwithstanding the provisions of ss. 775.021 and
1887	921.16, if an inmate has received a consecutive sentence or
1888	sentences imposed by a court or courts of this state, the inmate
1889	shall be eligible for consideration for parole, unless otherwise
1890	expressly prohibited by law.
1891	(4)  A person who has become eligible for an initial parole
1892	interview and who may, according to the objective parole
1893	guidelines of the board commission, be granted parole shall be
1894	placed on parole in accordance with the provisions of this law;
1895	except that, in any case of a person convicted of murder,
1896	robbery, burglary of a dwelling or burglary of a structure or
1897	conveyance in which a human being is present, aggravated
1898	assault, aggravated battery, kidnapping, sexual battery or
1899	attempted sexual battery, incest or attempted incest, an
1900	unnatural and lascivious act or an attempted unnatural and
1901	lascivious act, lewd and lascivious behavior, assault or
1902	aggravated assault when a sexual act is completed or attempted,
1903	battery or aggravated battery when a sexual act is completed or
1904	attempted, arson, or any felony involving the use of a firearm
1905	or other deadly weapon or the use of intentional violence, at
1906	the time of sentencing the judge may enter an order retaining
1907	jurisdiction over the offender for review of a board commission
1908	release order. This jurisdiction of the trial court judge is
1909	limited to the first one-third of the maximum sentence imposed.
1910	When any person is convicted of two or more felonies and
1911	concurrent sentences are imposed, then the jurisdiction of the
1912	trial court judge as provided herein applies to the first one-
1913	third of the maximum sentence imposed for the highest felony of
1914	which the person was convicted. When any person is convicted of
1915	two or more felonies and consecutive sentences are imposed, then
1916	the jurisdiction of the trial court judge as provided herein
1917	applies to one-third of the total consecutive sentences imposed.
1918	(a)  In retaining jurisdiction for the purposes of this
1919	act, the trial court judge shall state the justification with
1920	individual particularity, and such justification shall be made a
1921	part of the court record. A copy of such justification shall be
1922	delivered to the department together with the commitment issued
1923	by the court pursuant to s. 944.16.
1924	(b)  Gain-time as provided for by law shall accrue, except
1925	that an offender over whom the trial court has retained
1926	jurisdiction as provided herein shall not be released during the
1927	first one-third of her or his sentence by reason of gain-time.
1928	(c)  In such a case of retained jurisdiction, the board
1929	commission, within 30 days after the entry of its release order,
1930	shall send notice of its release order to the original
1931	sentencing judge and to the appropriate state attorney. The
1932	release order shall be made contingent upon entry of an order by
1933	the appropriate circuit judge relinquishing jurisdiction as
1934	provided for in paragraphs (d) and (f). If the original
1935	sentencing judge is no longer in service, such notice shall be
1936	sent to the chief judge of the circuit in which the offender was
1937	sentenced. The chief judge may designate any circuit judge
1938	within the circuit to act in the place of the original
1939	sentencing judge. Such notice shall stay the time requirements
1940	of s. 947.1745.
1941	(d)  Within 10 days after receipt of the notice provided
1942	for in paragraph (c), the original sentencing judge or her or
1943	his replacement shall notify the board commission as to whether
1944	or not the court further desires to retain jurisdiction. If the
1945	original sentencing judge or her or his replacement does not so
1946	notify the commission within the 10-day period or notifies the
1947	board commission that the court does not desire to retain
1948	jurisdiction, then the board commission may dispose of the
1949	matter as it sees fit.
1950	(e)  Upon receipt of notice of intent to retain
1951	jurisdiction from the original sentencing judge or her or his
1952	replacement, the board commission shall, within 10 days, forward
1953	to the court its release order, the findings of fact, the parole
1954	hearing examiner's report and recommendation, and all supporting
1955	information upon which its release order was based.
1956	(f)  Within 30 days of receipt of the items listed in
1957	paragraph (e), the original sentencing judge or her or his
1958	replacement shall review the order, findings, and evidence; and,
1959	if the judge finds that the order of the board commission is not
1960	based on competent substantial evidence or that the parole is
1961	not in the best interest of the community or the inmate, the
1962	court may vacate the release order. The judge or her or his
1963	replacement shall notify the board commission of the decision of
1964	the court, and, if the release order is vacated, such
1965	notification shall contain the evidence relied on and the
1966	reasons for denial. A copy of such notice shall be sent to the
1967	inmate.
1968	(g)  The decision of the original sentencing judge or, in
1969	her or his absence, the chief judge of the circuit to vacate any
1970	parole release order as provided in this section is not
1971	appealable. Each inmate whose parole release order has been
1972	vacated by the court shall be reinterviewed within 2 years after
1973	the date of receipt of the vacated release order and every 2
1974	years thereafter, or earlier by order of the court retaining
1975	jurisdiction. However, each inmate whose parole release order
1976	has been vacated by the court and who has been:
1977	1.  Convicted of murder or attempted murder;
1978	2.  Convicted of sexual battery or attempted sexual
1979	battery; or
1980	3.  Sentenced to a 25-year minimum mandatory sentence
1981	previously provided in s. 775.082,
1982
1983	shall be reinterviewed once within 5 years after the date of
1984	receipt of the vacated release order and once every 5 years
1985	thereafter, if the board commission finds that it is not
1986	reasonable to expect that parole would be granted during the
1987	following years and states the reason bases for the finding in
1988	writing. For any inmate who is within 7 years of his or her
1989	tentative release date, the board commission may establish a
1990	reinterview date prior to the 5-year schedule.
1991	(h)  An inmate whose parole release order has been vacated
1992	by the court may not be given a presumptive parole release date
1993	during the period of retention of jurisdiction by the court.
1994	During such period, a new effective parole release date may be
1995	authorized at the discretion of the board commission without
1996	further interview unless an interview is requested by the board
1997	no fewer than two commissioners. Any such new effective parole
1998	release date must be reviewed in accordance with the provisions
1999	of paragraphs (c), (d), (e), (f), and (g).
2000	(5)  Within 90 days after any interview for parole, the
2001	inmate shall be advised of the presumptive parole release date.
2002	Subsequent to the establishment of the presumptive parole
2003	release date, the board commission may, at its discretion,
2004	review the official record or order conduct additional
2005	interviews with the inmate. However, the presumptive parole
2006	release date may not be changed except for reasons of
2007	institutional conduct or the acquisition of new information not
2008	available at the time of the initial interview.
2009	(6)  This section as amended by chapter 82-171, Laws of
2010	Florida, shall apply only to those persons convicted on or after
2011	the effective date of chapter 82-171; and this section as in
2012	effect before being amended by chapter 82-171 shall apply to any
2013	person convicted before the effective date of chapter 82-171.
2014	Section 68.  Section 947.165, Florida Statutes, is amended
2015	to read:
2016	947.165  Objective parole guidelines.--
2017	(1)  The board commission shall develop and implement
2018	objective parole guidelines which shall be the criteria upon
2019	which parole decisions are made. The objective parole guidelines
2020	shall be developed according to an acceptable research method
2021	and shall be based on the seriousness of offense and the
2022	likelihood of favorable parole outcome. The guidelines shall
2023	require the board commission to aggravate or aggregate each
2024	consecutive sentence in establishing the presumptive parole
2025	release date. Factors used in arriving at the salient factor
2026	score and the severity of offense behavior category shall not be
2027	applied as aggravating circumstances. If the sentencing judge
2028	files a written objection to the parole release of an inmate as
2029	provided for in s. 947.1745(6), such objection may be used by
2030	the board commission as a basis to extend the presumptive parole
2031	release date.
2032	(2)  At least once a year, the board commission shall
2033	review the objective parole guidelines and make any revisions
2034	considered necessary based on a by virtue of statistical
2035	analysis of board commission actions, using which analysis uses
2036	acceptable research methodologies and methodology.
2037	Section 69.  Subsections (3) and (4) of section 947.168,
2038	Florida Statutes, are amended to read:
2039	947.168  Consideration for persons serving parole-eligible
2040	and parole-ineligible sentences.--
2041	(3)  Actual terms of parole service shall not be initiated
2042	until the satisfactory completion of the parole-ineligible
2043	sentence and subsequent review by the board commission as
2044	provided in subsection (4).
2045	(4)  Following completion of the parole-ineligible
2046	sentence, the board commission shall reinterview the offender
2047	and consider any new information provided by the department of
2048	Corrections. Upon an affirmative vote by the board commission,
2049	the offender shall be released on parole and required to meet
2050	any conditions set by the board commission pursuant to s.
2051	947.19.
2052	Section 70.  Section 947.172, Florida Statutes, is amended
2053	to read:
2054	947.172  Establishment of presumptive parole release
2055	date.--
2056	(1)  An The hearing examiner shall conduct an initial
2057	interview in accordance with the provisions of s. 947.16. This
2058	interview shall include introduction and explanation of the
2059	objective parole guidelines as they relate to presumptive and
2060	effective parole release dates and an explanation of the
2061	institutional conduct record and satisfactory release plan for
2062	parole supervision as each relates to parole release.
2063	(2)  Based on the objective parole guidelines and any other
2064	competent evidence relevant to aggravating and mitigating
2065	circumstances, the hearing examiner shall, within 10 days after
2066	the interview, recommend in writing to the board a panel of no
2067	fewer than two commissioners appointed by the chair a
2068	presumptive parole release date for the inmate. The chair shall
2069	assign cases to such panels on a random basis, without regard to
2070	the inmate or to the commissioners sitting on the panel. If the
2071	recommended presumptive parole release date falls outside the
2072	matrix time ranges as determined by the objective parole
2073	guidelines, the hearing examiner shall include with the
2074	recommendation a statement in writing as to the reasons for the
2075	decision, specifying individual particularities. If a panel
2076	fails to reach a decision on a recommended presumptive parole
2077	release date, the chair or any other commissioner designated by
2078	the chair shall cast the deciding vote. Within 90 days after the
2079	date of the initial interview, the inmate shall be notified in
2080	writing of the decision as to the inmate's presumptive parole
2081	release date.
2082	(3)  A presumptive parole release date shall become binding
2083	on the board commission when agreement on the presumptive parole
2084	release date is reached. Should the presumptive parole release
2085	date fall outside the matrix time ranges as determined by the
2086	objective parole guidelines, the reasons for this decision shall
2087	be stated in writing with individual particularities.
2088	Section 71.  Section 947.173, Florida Statutes, is amended
2089	to read:
2090	947.173  Review of presumptive parole release date.--
2091	(1)  An inmate may request a one review of his or her
2092	initial presumptive parole release date established according to
2093	s. 947.16(1) if the inmate shows cause in writing, with
2094	individual particularities, within 60 days after the date the
2095	inmate is notified of the decision on the presumptive parole
2096	release date.
2097	(2)  The board A panel of no fewer than two commissioners
2098	appointed by the chair shall review the inmate's request for
2099	review and shall notify the inmate in writing of its decision
2100	within 60 days after the date of receipt of the request by the
2101	commission.
2102	(3)  The board commission may affirm or modify the
2103	authorized presumptive parole release date. However, in the
2104	event of a decision to modify the presumptive parole release
2105	date, in no case shall this modified date be after the date
2106	established under the procedures of s. 947.172. It is the intent
2107	of this legislation that, once set, Presumptive parole release
2108	dates may only be modified only for good cause in exceptional
2109	circumstances.
2110	Section 72.  Section 947.174, Florida Statutes, is amended
2111	to read:
2112	947.174  Subsequent interviews.--
2113	(1)(a)  For any inmate, except an inmate convicted of an
2114	offense enumerated in paragraph (b), whose presumptive parole
2115	release date falls more than 2 years after the date of the
2116	initial interview, an a hearing examiner shall schedule an
2117	interview for review of the presumptive parole release date.
2118	Such interview shall take place within 2 years after the initial
2119	interview and every 2 years thereafter.
2120	(b)  For any inmate convicted of murder, attempted murder,
2121	sexual battery, attempted sexual battery, or who has been
2122	sentenced to a 25-year minimum mandatory sentence previously
2123	provided in s. 775.082, and whose presumptive parole release
2124	date is more than 5 years after the date of the initial
2125	interview, an a hearing examiner shall schedule an interview for
2126	review of the presumptive parole release date. Such interview
2127	shall take place once within 5 years after the initial interview
2128	and once every 5 years thereafter if the board commission finds
2129	that it is not reasonable to expect that parole will be granted
2130	at a hearing during the following years and states the reason
2131	bases for the finding in writing. For any inmate who is within 7
2132	years of his or her tentative release date, the board commission
2133	may establish an interview date prior to the 5-year schedule.
2134	(c)  Such interviews shall be limited to determining
2135	whether or not information has been gathered which might affect
2136	the presumptive parole release date. The provisions of this
2137	subsection shall not apply to an inmate serving a concurrent
2138	sentence in another jurisdiction pursuant to s. 921.16(2).
2139	(2)  The board commission, for good cause, may at any time
2140	request that a hearing examiner conduct a subsequent hearing
2141	according to the procedures outlined in this section. Such
2142	request shall specify in writing the reasons for such review.
2143	(3)  The department shall, within a reasonable amount of
2144	time, make available and bring to the attention of the board
2145	commission such information as is deemed important to the review
2146	of the presumptive parole release date, including, but not
2147	limited to, current progress reports, psychological reports, and
2148	disciplinary reports.
2149	(4)  The department or an a hearing examiner may recommend
2150	that an inmate be placed in a work-release program prior to the
2151	last 18 months of her or his confinement before the presumptive
2152	parole release date. If the board commission does not deny the
2153	recommendation within 30 days of the receipt of the
2154	recommendation, the inmate may be placed in such a program, and
2155	the department shall advise the board commission of the fact
2156	prior to such placement.
2157	(5)  For purposes of this section, the board commission
2158	shall, after consulting with the department, develop and make
2159	available to all inmates eligible for parole guidelines which:
2160	(a)  define what constitutes an unsatisfactory
2161	institutional record, . In developing such guidelines, the
2162	commission shall consult with the department.
2163	(b)  Define what constitutes a satisfactory release plan,
2164	and what constitutes verification of the plan prior to placement
2165	on parole.
2166	Section 73.  Section 947.1745, Florida Statutes, is amended
2167	to read:
2168	947.1745  Establishment of effective parole release
2169	date.--If the inmate's institutional conduct has been
2170	satisfactory, the presumptive parole release date shall become
2171	the effective parole release date as follows:
2172	(1)  Within 90 days before the presumptive parole release
2173	date, an a hearing examiner shall conduct a final interview with
2174	the inmate in order to establish an effective parole release
2175	date and parole release plan. If it is determined that the
2176	inmate's institutional conduct has been unsatisfactory, a
2177	statement to this effect shall be made in writing with
2178	particularity and shall be forwarded to the board a panel of no
2179	fewer than two commissioners appointed by the chair.
2180	(2)  If the board panel finds that the inmate's parole
2181	release plan is unsatisfactory, this finding may constitute new
2182	information and good cause in exceptional circumstances as
2183	described in s. 947.173, under which the board panel may extend
2184	the presumptive parole release date for not more than 1 year.
2185	The board panel may review any subsequently proposed parole
2186	release plan at any time.
2187	(3)  Within 30 days after receipt of the inmate's parole
2188	release plan, the board panel shall determine whether to
2189	authorize the effective parole release date. The inmate must be
2190	notified of the decision in writing within 30 days after the
2191	decision by the board panel.
2192	(4)  If an effective date of parole has been established,
2193	release on that date is conditioned upon the completion of a
2194	satisfactory plan for parole supervision. An effective date of
2195	parole may be delayed for up to 60 days by a board member
2196	commissioner without a hearing for the development and approval
2197	of release plans.
2198	(5)  An effective date of parole may be delayed by a board
2199	member commissioner for up to 60 days without a hearing based
2200	on:
2201	(a)  New information not available at the time of the
2202	effective parole release date interview.
2203	(b)  Unsatisfactory institutional conduct which occurred
2204	subsequent to the effective parole release date interview.
2205	(c)  The lack of a verified parole release plan.
2206	(6)  Within 90 days before the effective parole release
2207	date interview, the board commission shall send written notice
2208	to the sentencing judge of any inmate who has been scheduled for
2209	an effective parole release date interview. If the sentencing
2210	judge is no longer serving, the notice must be sent to the chief
2211	judge of the circuit in which the offender was sentenced. The
2212	chief judge may designate any circuit judge within the circuit
2213	to act in the place of the sentencing judge. Within 30 days
2214	after receipt of the board's commission's notice, the sentencing
2215	judge, or the designee, shall send to the board commission
2216	notice of objection to parole release, if the judge objects to
2217	such release. If there is objection by the judge, such objection
2218	may constitute good cause in exceptional circumstances as
2219	described in s. 947.173, and the board commission may schedule a
2220	subsequent review within 2 years, extending the presumptive
2221	parole release date beyond that time. However, for an inmate who
2222	has been:
2223	(a)  Convicted of murder or attempted murder;
2224	(b)  Convicted of sexual battery or attempted sexual
2225	battery; or
2226	(c)  Sentenced to a 25-year minimum mandatory sentence
2227	previously provided in s. 775.082,
2228
2229	the board commission may schedule a subsequent review under this
2230	subsection once every 5 years, extending the presumptive parole
2231	release date beyond that time if the board commission finds that
2232	it is not reasonable to expect that parole would be granted at a
2233	review during the following years and states the reason bases
2234	for the finding in writing. For any inmate who is within 7 years
2235	of his or her release date, the board commission may schedule a
2236	subsequent review prior to the 5 year schedule. With any
2237	subsequent review the same procedure outlined above will be
2238	followed. If the judge remains silent with respect to parole
2239	release, the board commission may authorize an effective parole
2240	release date. This subsection applies if the board commission
2241	desires to consider the establishment of an effective release
2242	date without delivery of the effective parole release date
2243	interview. Notice of the effective release date must be sent to
2244	the sentencing judge, and either the judge's response to the
2245	notice must be received or the time period allowed for such
2246	response must elapse before the board commission may authorize
2247	an effective release date.
2248	Section 74.  Section 947.1746, Florida Statutes, is amended
2249	to read:
2250	947.1746  Establishment of effective parole release
2251	date.--Within 30 days of the receipt of new information or upon
2252	receipt of a written recommendation from the department that an
2253	inmate be considered for mitigation of the authorized
2254	presumptive parole release date, the board commission may, at
2255	its discretion, provide for a final interview to establish an
2256	effective parole release date or may review the official record
2257	and establish an effective parole release date without provision
2258	of a final interview, unless an interview is requested by the
2259	board no fewer than two commissioners.
2260	Section 75.  Section 947.1747, Florida Statutes, is amended
2261	to read:
2262	947.1747  Community control as a special condition of
2263	parole.--Upon the establishment of an effective parole release
2264	date as provided for in ss. 947.1745 and 947.1746, the board
2265	commission may, as a special condition of parole, require an
2266	inmate to be placed in the community control program of the
2267	Department of Corrections as described in s. 948.10 for a period
2268	not exceeding 6 months. In every case in which the board
2269	commission decides to place an inmate on community control as a
2270	special condition of parole, the board commission shall provide
2271	a written explanation of the reasons for its decision.
2272	Section 76.  Section 947.18, Florida Statutes, is amended
2273	to read:
2274	947.18  Conditions of parole.--No inmate person shall be
2275	placed on parole merely as a reward for good conduct or
2276	efficient performance of duties assigned in prison. No inmate
2277	person shall be placed on parole until and unless the board
2278	commission finds that there is a reasonable probability that, if
2279	the person is placed on parole, he or she will live and conduct
2280	himself or herself as a respectable and law-abiding life person
2281	and that the parolee's person's release will be compatible with
2282	his or her own welfare and the welfare of society. No inmate
2283	person shall be placed on parole unless and until the board
2284	commission is satisfied that he or she will be suitably employed
2285	in self-sustaining employment or that he or she will not become
2286	a public charge. The board commission shall determine the terms
2287	upon which such person shall be granted parole. If the inmate's
2288	person's conviction was for a controlled substance violation,
2289	one of the conditions must be that the person submit to random
2290	substance abuse testing intermittently throughout the term of
2291	supervision, upon the direction of the correctional probation
2292	officer as defined in s. 943.10(3). In addition to any other
2293	lawful condition of parole, the board commission may make the
2294	payment of the debt due and owing to the state under s. 960.17
2295	or the payment of the attorney's fees and costs due and owing to
2296	the state under s. 938.29 a condition of parole subject to
2297	modification based on a change of circumstances.
2298	Section 77.  Section 947.181, Florida Statutes, is amended
2299	to read:
2300	947.181  Victim restitution as condition of parole.--
2301	(1)(a)  The board Parole Commission shall require as a
2302	condition of parole that the parolee pay reparation or
2303	restitution to the victim aggrieved party for the damage or loss
2304	caused by the offense for which the parolee was imprisoned,
2305	unless the board commission finds reasons to the contrary. If
2306	the board commission does not order restitution or orders only
2307	partial restitution, the board commission shall state on the
2308	record the reasons therefor. The amount of such reparation or
2309	restitution shall be determined by the board Parole Commission.
2310	(b)  If the parolee fails to make the reparation or
2311	restitution to the victim aggrieved party as required by
2312	authorized in paragraph (a), the failure it shall be considered
2313	by the board commission as a violation of parole as specified in
2314	s. 947.21 and may be cause for revocation of her or his parole.
2315	(2)  If an inmate a defendant is paroled, any restitution
2316	ordered under s. 775.089 shall be a condition of such parole.
2317	The board Parole Commission may revoke parole if the parolee
2318	defendant fails to comply with such condition order. In
2319	determining whether to revoke parole, the board Parole
2320	Commission shall consider the parolee's defendant's employment
2321	status, earning ability, and financial resources; the
2322	willfulness of the parolee's defendant's failure to pay; and any
2323	other special circumstances that may have a bearing on the
2324	parolee's defendant's ability to pay.
2325	Section 78.  Section 947.185, Florida Statutes, is amended
2326	to read:
2327	947.185  Application for mental retardation services as
2328	condition of parole.--The board Parole Commission may require as
2329	a condition of parole that any inmate who has been diagnosed as
2330	mentally retarded as defined in s. 393.063 shall, upon release,
2331	apply for services that may be provided by from the Agency for
2332	Persons with Disabilities.
2333	Section 79.  Section 947.19, Florida Statutes, is amended
2334	to read:
2335	947.19  Terms of parole.--
2336	(1)  The board commission, upon authorizing an effective
2337	parole release date, shall specify in writing the terms and
2338	conditions of the parole, a certified copy of which shall be
2339	given to the parolee.
2340	(2)  A parolee may, within 120 days of receipt of the
2341	certified copy of the terms and conditions of parole, request
2342	that the board commission modify the terms and conditions of
2343	parole.;  The parolee must specify in writing the reasons for
2344	requesting modification such modifications.
2345	(3)  The board A panel of no fewer than two commissioners
2346	appointed by the chair shall consider requests for review of the
2347	terms and conditions of parole, render a written decision to
2348	continue or to modify the terms and conditions of parole,
2349	specifying the reasons therefor, and inform the parolee of the
2350	decision in writing within 30 days of the date of receipt of
2351	request for review. Such panel shall not include those
2352	commissioners who authorized the original conditions of parole.
2353	(4)  During any period of requested review of terms and
2354	conditions of parole, the parolee shall be subject to the
2355	authorized terms and conditions of parole until such time
2356	according to the provisions of this section a decision is made
2357	to continue or modify the terms and conditions of parole.
2358	Section 80.  Section 947.20, Florida Statutes, is amended
2359	to read:
2360	947.20  Rules of board related to terms and conditions of
2361	parole commission.--The board, after consulting with the
2362	department, commission shall adopt general rules on the terms
2363	and conditions of parole and what constitutes a shall constitute
2364	the violation of parole. The rules thereof and may include make
2365	special rules to govern particular cases. Such rules, both
2366	general and special, may include, among other things, a
2367	requirement that the parolee shall not leave the state or any
2368	definite area in Florida without the consent of the commission;
2369	that the parolee shall contribute to the support of her or his
2370	dependents to the best of her or his ability; that the parolee
2371	shall make reparation or restitution for her or his crime; that
2372	the parolee shall not associate with persons engaged in criminal
2373	activity; and that the parolee shall carry out the instructions
2374	of her or his parole supervisor and, in general, comport herself
2375	or himself in accordance with the terms and conditions of her or
2376	his parole.
2377	Section 81.  Subsection (2) of section 947.21, Florida
2378	Statutes, is amended to read:
2379	947.21  Violations of parole.--
2380	(2)  An offender whose parole is revoked may, at the
2381	discretion of the board commission, be credited with any portion
2382	of the time the offender has satisfactorily served on parole.
2383	Section 82.  Section 947.22, Florida Statutes, is amended
2384	to read:
2385	947.22  Authority to arrest parole violators with or
2386	without warrant.--
2387	(1)  If a member of the board commission or a duly
2388	authorized representative of the board commission has reasonable
2389	grounds to believe that a parolee has violated the terms and
2390	conditions of her or his parole in a material respect, such
2391	member or representative may issue a warrant for the arrest of
2392	the such parolee. The warrant shall be returnable before a
2393	member of the board commission or a duly authorized
2394	representative of the board commission. A board member The
2395	commission, a commissioner, or a parole examiner with approval
2396	of the parole examiner supervisor, may release the parolee on
2397	bail or on her or his own recognizance, conditioned upon the
2398	parolee's her or his appearance at any hearings noticed by the
2399	board commission. If not released on bail or on her or his own
2400	recognizance, the parolee shall be committed to jail pending
2401	hearings pursuant to s. 947.23. The board commission, at its
2402	election, may have the hearing conducted by one or more board
2403	members commissioners or by a duly authorized representative of
2404	the department commission. Any parole and probation officer, any
2405	officer authorized to serve criminal process, or any peace
2406	officer of this state, is authorized to execute the warrant.
2407	(2)  Any parole and probation officer, who when she or he
2408	has reasonable ground to believe that a parolee, control
2409	releasee, or conditional releasee has violated the terms and
2410	conditions of her or his parole, control release, or conditional
2411	release in a material respect, has the right to arrest the
2412	releasee or parolee without warrant and have the parolee brought
2413	bring her or him forthwith before one or more board members
2414	commissioners or a duly authorized representative of the Parole
2415	Commission or Control Release Authority; and proceedings shall
2416	thereupon be had as provided herein when a warrant has been
2417	issued by a member of the board commission or authority or a
2418	duly authorized representative of the commission or authority.
2419	(3)  If a law enforcement officer has probable cause to
2420	believe that a parolee has violated the terms and conditions of
2421	his or her parole, the officer shall arrest and take into
2422	custody the parolee without a warrant, and a warrant need not be
2423	issued in the case.
2424	Section 83.  Section 947.23, Florida Statutes, is amended
2425	to read:
2426	947.23  Action of board commission upon arrest of
2427	parolee.--
2428	(1)  Within 30 days after the arrest of a parolee person
2429	charged with violation of the terms and conditions of her or his
2430	parole, the parolee shall be afforded a prompt preliminary
2431	hearing, conducted by a member of the board commission or its
2432	duly authorized representative, at or near the place of
2433	violation or arrest to determine if there is probable cause or
2434	reasonable grounds to believe that the parolee has committed a
2435	violation of the terms or conditions of her or his parole. The
2436	parolee may knowingly execute a waiver of this hearing, up until
2437	the time of such hearing, provided the consequences of such
2438	action have been fully explained. If the parolee elects to
2439	proceed with the preliminary hearing, the parolee:
2440	(a)  The parolee Shall be afforded a timely notice of the
2441	preliminary hearing, which notice shall state the purpose of the
2442	hearing and state the alleged violation.
2443	(b)  The parolee Shall be permitted to cross-examine
2444	adverse witnesses, unless it is determined that good cause
2445	exists not to allow such examination.
2446	(c)  The parolee Shall be allowed to call witnesses as
2447	provided in subsection (3), and present evidence in her or his
2448	own behalf.
2449	(d)  The parolee May be represented by counsel.
2450
2451	The findings based on the evidence presented at the preliminary
2452	hearing shall be made available to the parolee either
2453	immediately following the preliminary hearing or within a
2454	reasonable time thereafter.
2455	(2)  If the preliminary hearing results in a finding of
2456	probable cause or reasonable grounds to believe that a violation
2457	of the terms or conditions of parole has occurred, any one or
2458	more board members commissioners or a duly authorized
2459	representative of the board commission shall convene a final
2460	revocation hearing on the alleged violation. The parolee shall
2461	appear at the final hearing in person, and, if the parolee
2462	desires, she or he may be represented by counsel. At the final
2463	hearing, the state and the parolee may introduce such evidence
2464	as is necessary and pertinent to the charge of parole violation.
2465	(3)  Any one or more board members commissioners or a duly
2466	authorized representative of the board commission may administer
2467	oaths and compel the attendance of witnesses at such hearing by
2468	the issuance of summons, subpoenas, and subpoenas duces tecum.
2469	Subpoenas and subpoenas duces tecum shall be enforceable by
2470	appropriate proceedings in circuit court., and The failure of
2471	any person to comply with a court order enforcing a subpoena or
2472	subpoena duces tecum shall constitute contempt of court. Any
2473	board member one or more commissioners or a duly authorized
2474	representative of the board commission may issue subpoenas on
2475	behalf of the state or the parolee. The board commission may
2476	decline a request to subpoena a witness whose testimony it finds
2477	would be cumulative, irrelevant, or nonprobative. A The party
2478	requesting a subpoena the subpoenas shall furnish to the board
2479	with commissioner, commissioners, or duly authorized
2480	representative of the commission the names and addresses of her
2481	or his proposed witnesses at least 10 days prior to the hearing
2482	date.
2483	(4)  At the hearing, the parolee shall be informed orally
2484	and in writing of:
2485	(a)  The violation of the terms and conditions of parole
2486	with which the parolee has been charged.
2487	(b)  The right to be represented by counsel.
2488	(c)  The right to be heard in person.
2489	(d)  The right to secure, present, and compel the
2490	attendance of witnesses as provided in subsection (3) and the
2491	production of documents on her or his behalf.
2492	(e)  The right of access to all evidence used against her
2493	or him.
2494	(f)  The right to confront and cross-examine adverse
2495	witnesses, unless the board, board member commissioner,
2496	commissioners, or duly authorized representative of the board
2497	commission conducting the hearing finds specifically, and states
2498	in writing, good cause not to allow the confrontation.
2499	(5)(a)  At any such hearing convened by one or more
2500	commissioners or a duly authorized representative of the
2501	commission, the accused may waive her or his right to proceed
2502	further if, after being informed of her or his rights and after
2503	being advised of the consequences of a waiver in regard to the
2504	nature of the order which may be entered as a result of such
2505	waiver, the accused affirms, in writing, knowledge and
2506	understanding of such rights and consequences and elects, in
2507	writing, to execute the waiver.
2508	(b)  The accused violator may execute a waiver, in writing,
2509	of a final revocation hearing prior to the commencement of such
2510	hearing. Such waiver may be executed before a member of the
2511	board commission or a duly authorized representative of the
2512	board commission after the accused violator has been informed of
2513	her or his rights and after she or he has been advised of the
2514	consequences of a waiver. Within 14 days after the execution of
2515	a waiver, the accused may withdraw the waiver by executing a
2516	withdrawal of waiver before a notary public and forwarding the
2517	original of that withdrawal to the board commission.
2518	(6)  Within a reasonable time after the hearing, the board
2519	member or members commissioner, commissioners, or duly
2520	authorized representative of the board commission who conducted
2521	the hearing, shall make findings of fact in regard to the
2522	alleged parole violation.
2523	(a)  The board If the hearing was conducted by three or
2524	more commissioners, a majority of them shall enter an order
2525	determining whether the charges of parole violation have been
2526	sustained, based on the findings of fact made by the board, the
2527	board member, or duly authorized representative of the board
2528	them. By such order the board they shall revoke the parole and
2529	return the parolee to prison to serve the sentence theretofore
2530	imposed upon her or him, reinstate the original order of parole,
2531	order the placement of the parolee into a community control
2532	program as set forth in s. 948.101, or enter such other order as
2533	is proper.
2534	(b)  If the hearing was conducted by one or two
2535	commissioners or a duly authorized representative of the
2536	commission, at least two commissioners shall enter an order
2537	determining whether or not the charges of parole violation have
2538	been sustained, based on the findings of fact made by the
2539	commissioner, commissioners, or duly authorized representative
2540	of the commission. The commissioners, by such order, shall
2541	revoke the parole and return the parolee to prison to serve the
2542	sentence theretofore imposed upon her or him, reinstate the
2543	original order of parole, order the placement of the parolee
2544	into a community control program as set forth in s. 948.101, or
2545	enter such other order as is proper.
2546	(b)(c)  If the disposition after the revocation hearing is
2547	to place the parolee into a community control program, the board
2548	commission shall be guided by the procedures and requirements
2549	provided in chapter 948 which apply to the courts regarding the
2550	development and implementation of community control.
2551	(c)  However, Any decision to revoke parole shall be based
2552	on a violation of a standard term or condition of parole or a
2553	term or condition specifically enumerated in the parole release
2554	order.
2555	(d)  In a case in which parole is revoked, the board
2556	majority of the commission or the two commissioners shall make a
2557	written statement of the evidence relied on and the reasons for
2558	revoking parole.
2559	(7)  Whenever a parole is revoked by the board commission
2560	and the parolee is ordered by the board commission to be
2561	returned to prison, the parolee, by reason of her or his
2562	misconduct, shall be deemed to forfeit all gain-time or
2563	commutation of time for good conduct, as provided for by law,
2564	earned up to the date of her or his release on parole. Nothing
2565	herein shall deprive the inmate prisoner of her or his right to
2566	gain-time or commutation of time for good conduct, as provided
2567	by law, from the date the inmate prisoner is returned to prison.
2568	Section 84.  Section 947.24, Florida Statutes, is amended
2569	to read:
2570	947.24  Discharge from parole supervision or release
2571	supervision.--
2572	(1)  When an inmate a person is placed on parole, control
2573	release, or conditional release, the board commission shall
2574	determine the period of time the inmate person will be under
2575	parole supervision or release supervision in the following
2576	manner:
2577	(a)  If the inmate person is being paroled or released
2578	under supervision from a single or concurrent sentence, the
2579	period of time the inmate person will be under parole
2580	supervision or release supervision may not exceed 2 years unless
2581	the board commission designates a longer period of time, in
2582	which case it must advise the parolee or releasee in writing of
2583	the reasons for the extended period. In any event, the period of
2584	parole supervision or release supervision may not exceed the
2585	maximum period for which the inmate person has been sentenced.
2586	(b)  If the inmate person is being paroled or released
2587	under supervision from a consecutive sentence or sentences, the
2588	period of time the inmate person will be under parole
2589	supervision or release supervision will be for the maximum
2590	period for which the person was sentenced.
2591	(2)  The board commission shall review the progress of each
2592	inmate person who has been placed on parole, control release, or
2593	conditional release after 2 years of supervision in the
2594	community and biennially thereafter. The department shall
2595	provide to the board commission the information necessary to
2596	conduct such a review. Such review must include consideration of
2597	whether to modify the reporting schedule, thereby authorizing
2598	the person under parole supervision or release supervision to
2599	submit reports quarterly, semiannually, or annually. The board
2600	commission, after having retained jurisdiction of a parolee
2601	person for a sufficient length of time to evidence satisfactory
2602	rehabilitation and cooperation, may further modify the terms and
2603	conditions of the person's parole, control release, or
2604	conditional release, may discharge the person from parole
2605	supervision or release supervision, may relieve the person from
2606	making further reports, or may permit the person to leave the
2607	state or country, upon finding that such action is in the best
2608	interests of the parolee person and society.
2609	(3)  This section does not affect the rights of a parolee
2610	to request modification of the terms and conditions of parole
2611	under s. 947.19.
2612	Section 85.  Section 947.26, Florida Statutes, is amended
2613	to read:
2614	947.26  Cooperation of custodian of prisoner; right of
2615	access.--The warden or jailer of any jail or prison in which
2616	persons convicted of crime may be confined and all officers or
2617	employees thereof shall at all times cooperate with the board
2618	commission and, upon its request, shall furnish it with such
2619	information as they may have respecting any person inquired
2620	about as will enable the board commission properly to perform
2621	its duties. Such officials shall, at all reasonable times, when
2622	the public safety permits, give the members of the board
2623	commission and its authorized agents and employees access to all
2624	prisoners in their charge.
2625	Section 86.  Paragraph (a) of subsection (1) and
2626	subsections (3) and (6) of section 948.09, Florida Statutes, are
2627	amended to read:
2628	948.09  Payment for cost of supervision and
2629	rehabilitation.--
2630	(1)(a)1.  Any person ordered by the court, the Department
2631	of Corrections, or the parole board commission to be placed on
2632	probation, drug offender probation, community control, parole,
2633	control release, provisional release supervision, addiction-
2634	recovery supervision, or conditional release supervision under
2635	chapter 944, chapter 945, chapter 947, chapter 948, or chapter
2636	958, or in a pretrial intervention program, must, as a condition
2637	of any placement, pay the department a total sum of money equal
2638	to the total month or portion of a month of supervision times
2639	the court-ordered amount, but not to exceed the actual per diem
2640	cost of the supervision. The department shall adopt rules by
2641	which an offender who pays in full and in advance of regular
2642	termination of supervision may receive a reduction in the amount
2643	due. The rules shall incorporate provisions by which the
2644	offender's ability to pay is linked to an established written
2645	payment plan. Funds collected from felony offenders may be used
2646	to offset costs of the Department of Corrections associated with
2647	community supervision programs, subject to appropriation by the
2648	Legislature.
2649	2.  In addition to any other contribution or surcharge
2650	imposed by this section, each felony offender assessed under
2651	this paragraph shall pay a $2-per-month surcharge to the
2652	department. The surcharge shall be deemed to be paid only after
2653	the full amount of any monthly payment required by the
2654	established written payment plan has been collected by the
2655	department. These funds shall be used by the department to pay
2656	for correctional probation officers' training and equipment,
2657	including radios, and firearms training, firearms, and attendant
2658	equipment necessary to train and equip officers who choose to
2659	carry a concealed firearm while on duty. Nothing in this
2660	subparagraph shall be construed to limit the department's
2661	authority to determine who shall be authorized to carry a
2662	concealed firearm while on duty, or to limit the right of a
2663	correctional probation officer to carry a personal firearm
2664	approved by the department.
2665	(3)  Any failure to pay contribution as required under this
2666	section may constitute a ground for the revocation of probation
2667	by the court, the revocation of parole or conditional release by
2668	the Parole Board Commission, the revocation of control release
2669	by the Control Release Authority, or removal from the pretrial
2670	intervention program by the state attorney. The Department of
2671	Corrections may exempt a person from the payment of all or any
2672	part of the contribution if it finds any of the following
2673	factors to exist:
2674	(a)  The offender has diligently attempted, but has been
2675	unable, to obtain employment which provides him or her
2676	sufficient income to make such payments.
2677	(b)  The offender is a student in a school, college,
2678	university, or course of career training designed to fit the
2679	student for gainful employment. Certification of such student
2680	status shall be supplied to the department Secretary of
2681	Corrections by the educational institution in which the offender
2682	is enrolled.
2683	(c)  The offender has an employment handicap, as determined
2684	by a physical, psychological, or psychiatric examination
2685	acceptable to, or ordered by, the department secretary.
2686	(d)  The offender's age prevents him or her from obtaining
2687	employment.
2688	(e)  The offender is responsible for the support of
2689	dependents, and the payment of such contribution constitutes an
2690	undue hardship on the offender.
2691	(f)  The offender has been transferred outside the state
2692	under an interstate compact adopted pursuant to chapter 949.
2693	(g)  There are other extenuating circumstances, as
2694	determined by the department secretary.
2695	(6)  In addition to any other required contributions, the
2696	department, at its discretion, may require offenders under any
2697	form of supervision to submit to and pay for urinalysis testing
2698	to identify drug usage as part of the rehabilitation program.
2699	Any failure to make such payment, or participate, may be
2700	considered a ground for revocation by the court, the Parole
2701	Board Commission, or the Control Release Authority, or for
2702	removal from the pretrial intervention program by the state
2703	attorney. The department may exempt a person from such payment
2704	if it determines that any of the factors specified in subsection
2705	(3) exist.
2706	Section 87.  Subsection (1) of section 948.10, Florida
2707	Statutes, is amended to read:
2708	948.10  Community control programs.--
2709	(1)  The Department of Corrections shall develop and
2710	administer a community control program. Such community control
2711	program and required manuals shall be developed in consultation
2712	with the Florida Conference of Circuit Court Judges and the
2713	office of the State Courts Administrator. This complementary
2714	program shall be rigidly structured and designed to accommodate
2715	offenders who, in the absence of such a program, would be have
2716	been incarcerated. The program shall focus on the provision of
2717	sanctions and consequences which are commensurate with the
2718	seriousness of the crime. The program shall offer the courts and
2719	the Parole Board Commission an alternative, community-based
2720	method to punish an offender in lieu of incarceration when the
2721	offender is a member of one of the following target groups:
2722	(a)  Probation violators charged with technical violations
2723	or misdemeanor violations.
2724	(b)  Parole violators charged with technical violations or
2725	misdemeanor violations.
2726	(c)  Individuals found guilty of felonies, who, due to
2727	their criminal backgrounds or the seriousness of the offenses,
2728	would not be placed on regular probation.
2729	Section 88.  Subsection (2) of section 949.05, Florida
2730	Statutes, is amended to read:
2731	949.05  Constitutionality.--
2732	(2)  If the method of selecting the board commission
2733	members as herein provided is found to be invalid by reason of
2734	the vesting of the appointing power in the Governor and the
2735	Cabinet, the members of the Parole Board Commission herein
2736	provided for shall be appointed by the Governor.
2737	Section 89.  Subsection (1) of section 951.29, Florida
2738	Statutes, is amended to read:
2739	951.29  Procedure for requesting restoration of civil
2740	rights of county prisoners convicted of felonies.--
2741	(1)  With respect to a person who has been convicted of a
2742	felony and is serving a sentence in a county detention facility,
2743	the administrator of the county detention facility shall provide
2744	to the prisoner, at least 2 weeks before discharge, if possible,
2745	an application form obtained from the Department of Corrections
2746	Parole Commission which the prisoner must complete in order to
2747	begin the process of having his or her civil rights restored.
2748	Section 90.  Subsection (6) of section 957.06, Florida
2749	Statutes, is amended to read:
2750	957.06  Powers and duties not delegable to contractor.--A
2751	contract entered into under this chapter does not authorize,
2752	allow, or imply a delegation of authority to the contractor to:
2753	(6)  Make recommendations to the Parole Board Commission
2754	with respect to the denial or granting of parole, control
2755	release, conditional release, or conditional medical release.
2756	However, the contractor may submit written reports to the Parole
2757	Board Commission and must respond to a written request by the
2758	Parole Board Commission for information.
2759	Section 91.  Paragraph (c) of subsection (8) of section
2760	958.045, Florida Statutes, is amended to read:
2761	958.045  Youthful offender basic training program.--
2762	(8)
2763	(c)  The department shall work cooperatively with the
2764	Control Release Authority or the Parole Commission to effect the
2765	release of an offender who has successfully completed the
2766	requirements of the basic training program.
2767	Section 92.  Subsection (1) of section 960.001, Florida
2768	Statutes, is amended to read:
2769	960.001  Guidelines for fair treatment of victims and
2770	witnesses in the criminal justice and juvenile justice
2771	systems.--
2772	(1)  The Department of Legal Affairs, the state attorneys,
2773	the Department of Corrections, the Department of Juvenile
2774	Justice, the Parole Board Commission, the State Courts
2775	Administrator and circuit court administrators, the Department
2776	of Law Enforcement, and every sheriff's department, police
2777	department, or other law enforcement agency as defined in s.
2778	943.10(4) shall develop and implement guidelines for the use of
2779	their respective agencies, which guidelines are consistent with
2780	the purposes of this act and s. 16(b), Art. I of the State
2781	Constitution and are designed to implement the provisions of s.
2782	16(b), Art. I of the State Constitution and to achieve the
2783	following objectives:
2784	(a)  Information concerning services available to victims
2785	of adult and juvenile crime.--As provided in s. 27.0065, state
2786	attorneys and public defenders shall gather information
2787	regarding the following services in the geographic boundaries of
2788	their respective circuits and shall provide such information to
2789	each law enforcement agency with jurisdiction within such
2790	geographic boundaries. Law enforcement personnel shall ensure,
2791	through distribution of a victim's rights information card or
2792	brochure at the crime scene, during the criminal investigation,
2793	and in any other appropriate manner, that victims are given, as
2794	a matter of course at the earliest possible time, information
2795	about:
2796	1.  The availability of crime victim compensation, when
2797	applicable;
2798	2.  Crisis intervention services, supportive or bereavement
2799	counseling, social service support referrals, and community-
2800	based victim treatment programs;
2801	3.  The role of the victim in the criminal or juvenile
2802	justice process, including what the victim may expect from the
2803	system as well as what the system expects from the victim;
2804	4.  The stages in the criminal or juvenile justice process
2805	which are of significance to the victim and the manner in which
2806	information about such stages can be obtained;
2807	5.  The right of a victim, who is not incarcerated,
2808	including the victim's parent or guardian if the victim is a
2809	minor, the lawful representative of the victim or of the
2810	victim's parent or guardian if the victim is a minor, and the
2811	next of kin of a homicide victim, to be informed, to be present,
2812	and to be heard when relevant, at all crucial stages of a
2813	criminal or juvenile proceeding, to the extent that this right
2814	does not interfere with constitutional rights of the accused, as
2815	provided by s. 16(b), Art. I of the State Constitution;
2816	6.  In the case of incarcerated victims, the right to be
2817	informed and to submit written statements at all crucial stages
2818	of the criminal proceedings, parole proceedings, or juvenile
2819	proceedings; and
2820	7.  The right of a victim to a prompt and timely
2821	disposition of the case in order to minimize the period during
2822	which the victim must endure the responsibilities and stress
2823	involved to the extent that this right does not interfere with
2824	the constitutional rights of the accused.
2825	(b)  Information for purposes of notifying victim or
2826	appropriate next of kin of victim or other designated contact of
2827	victim.--In the case of a homicide, pursuant to chapter 782; or
2828	a sexual offense, pursuant to chapter 794; or an attempted
2829	murder or sexual offense, pursuant to chapter 777; or stalking,
2830	pursuant to s. 784.048; or domestic violence, pursuant to s.
2831	25.385:
2832	1.  The arresting law enforcement officer or personnel of
2833	an organization that provides assistance to a victim or to the
2834	appropriate next of kin of the victim or other designated
2835	contact must request that the victim or appropriate next of kin
2836	of the victim or other designated contact complete a victim
2837	notification card. However, the victim or appropriate next of
2838	kin of the victim or other designated contact may choose not to
2839	complete the victim notification card.
2840	2.  Unless the victim or the appropriate next of kin of the
2841	victim or other designated contact waives the option to complete
2842	the victim notification card, a copy of the victim notification
2843	card must be filed with the incident report or warrant in the
2844	sheriff's office of the jurisdiction in which the incident
2845	report or warrant originated. The notification card shall, at a
2846	minimum, consist of:
2847	a.  The name, address, and phone number of the victim; or
2848	b.  The name, address, and phone number of the appropriate
2849	next of kin of the victim; or
2850	c.  The name, address, and phone number of a designated
2851	contact other than the victim or appropriate next of kin of the
2852	victim; and
2853	d.  Any relevant identification or case numbers assigned to
2854	the case.
2855	3.  The chief administrator, or a person designated by the
2856	chief administrator, of a county jail, municipal jail, juvenile
2857	detention facility, or residential commitment facility shall
2858	make a reasonable attempt to notify the alleged victim or
2859	appropriate next of kin of the alleged victim or other
2860	designated contact within 4 hours following the release of the
2861	defendant on bail or, in the case of a juvenile offender, upon
2862	the release from residential detention or commitment. If the
2863	chief administrator, or designee, is unable to contact the
2864	alleged victim or appropriate next of kin of the alleged victim
2865	or other designated contact by telephone, the chief
2866	administrator, or designee, must send to the alleged victim or
2867	appropriate next of kin of the alleged victim or other
2868	designated contact a written notification of the defendant's
2869	release.
2870	4.  Unless otherwise requested by the victim or the
2871	appropriate next of kin of the victim or other designated
2872	contact, the information contained on the victim notification
2873	card must be sent by the chief administrator, or designee, of
2874	the appropriate facility to the subsequent correctional or
2875	residential commitment facility following the sentencing and
2876	incarceration of the defendant, and unless otherwise requested
2877	by the victim or the appropriate next of kin of the victim or
2878	other designated contact, he or she must be notified of the
2879	release of the defendant from incarceration as provided by law.
2880	5.  If the defendant was arrested pursuant to a warrant
2881	issued or taken into custody pursuant to s. 985.101 in a
2882	jurisdiction other than the jurisdiction in which the defendant
2883	is being released, and the alleged victim or appropriate next of
2884	kin of the alleged victim or other designated contact does not
2885	waive the option for notification of release, the chief
2886	correctional officer or chief administrator of the facility
2887	releasing the defendant shall make a reasonable attempt to
2888	immediately notify the chief correctional officer of the
2889	jurisdiction in which the warrant was issued or the juvenile was
2890	taken into custody pursuant to s. 985.101, and the chief
2891	correctional officer of that jurisdiction shall make a
2892	reasonable attempt to notify the alleged victim or appropriate
2893	next of kin of the alleged victim or other designated contact,
2894	as provided in this paragraph, that the defendant has been or
2895	will be released.
2896	(c)  Information concerning protection available to victim
2897	or witness.--A victim or witness shall be furnished, as a matter
2898	of course, with information on steps that are available to law
2899	enforcement officers and state attorneys to protect victims and
2900	witnesses from intimidation. Victims of domestic violence shall
2901	also be given information about the address confidentiality
2902	program provided under s. 741.403.
2903	(d)  Notification of scheduling changes.--Each victim or
2904	witness who has been scheduled to attend a criminal or juvenile
2905	justice proceeding shall be notified as soon as possible by the
2906	agency scheduling his or her appearance of any change in
2907	scheduling which will affect his or her appearance.
2908	(e)  Advance notification to victim or relative of victim
2909	concerning judicial proceedings; right to be present.--Any
2910	victim, parent, guardian, or lawful representative of a minor
2911	who is a victim, or relative of a homicide victim shall receive
2912	from the appropriate agency, at the address found in the police
2913	report or the victim notification card if such has been provided
2914	to the agency, prompt advance notification, unless the agency
2915	itself does not have advance notification, of judicial and
2916	postjudicial proceedings relating to his or her case, including
2917	all proceedings or hearings relating to:
2918	1.  The arrest of an accused;
2919	2.  The release of the accused pending judicial proceedings
2920	or any modification of release conditions; and
2921	3.  Proceedings in the prosecution or petition for
2922	delinquency of the accused, including the filing of the
2923	accusatory instrument, the arraignment, disposition of the
2924	accusatory instrument, trial or adjudicatory hearing, sentencing
2925	or disposition hearing, appellate review, subsequent
2926	modification of sentence, collateral attack of a judgment, and,
2927	when a term of imprisonment, detention, or residential
2928	commitment is imposed, the release of the defendant or juvenile
2929	offender from such imprisonment, detention, or residential
2930	commitment by expiration of sentence or parole and any meeting
2931	held to consider such release.
2932
2933	A victim, a victim's parent or guardian if the victim is a
2934	minor, a lawful representative of the victim or of the victim's
2935	parent or guardian if the victim is a minor, or a victim's next
2936	of kin may not be excluded from any portion of any hearing,
2937	trial, or proceeding pertaining to the offense based solely on
2938	the fact that such person is subpoenaed to testify, unless, upon
2939	motion, the court determines such person's presence to be
2940	prejudicial. The appropriate agency with respect to notification
2941	under subparagraph 1. is the arresting law enforcement agency,
2942	and the appropriate agency with respect to notification under
2943	subparagraphs 2. and 3. is the Attorney General or state
2944	attorney, unless the notification relates to a hearing
2945	concerning parole, in which case the appropriate agency is the
2946	Parole Board Commission. The Department of Corrections, the
2947	Department of Juvenile Justice, or the sheriff is the
2948	appropriate agency with respect to release by expiration of
2949	sentence or any other release program provided by law. Any
2950	victim may waive notification at any time, and such waiver shall
2951	be noted in the agency's files.
2952	(f)  Information concerning release from incarceration from
2953	a county jail, municipal jail, juvenile detention facility, or
2954	residential commitment facility.--The chief administrator, or a
2955	person designated by the chief administrator, of a county jail,
2956	municipal jail, juvenile detention facility, or residential
2957	commitment facility shall, upon the request of the victim or the
2958	appropriate next of kin of a victim or other designated contact
2959	of the victim of any of the crimes specified in paragraph (b),
2960	make a reasonable attempt to notify the victim or appropriate
2961	next of kin of the victim or other designated contact prior to
2962	the defendant's or offender's release from incarceration,
2963	detention, or residential commitment if the victim notification
2964	card has been provided pursuant to paragraph (b). If prior
2965	notification is not successful, a reasonable attempt must be
2966	made to notify the victim or appropriate next of kin of the
2967	victim or other designated contact within 4 hours following the
2968	release of the defendant or offender from incarceration,
2969	detention, or residential commitment. If the defendant is
2970	released following sentencing, disposition, or furlough, the
2971	chief administrator or designee shall make a reasonable attempt
2972	to notify the victim or the appropriate next of kin of the
2973	victim or other designated contact within 4 hours following the
2974	release of the defendant. If the chief administrator or designee
2975	is unable to contact the victim or appropriate next of kin of
2976	the victim or other designated contact by telephone, the chief
2977	administrator or designee must send to the victim or appropriate
2978	next of kin of the victim or other designated contact a written
2979	notification of the defendant's or offender's release.
2980	(g)  Consultation with victim or guardian or family of
2981	victim.--
2982	1.  In addition to being notified of the provisions of s.
2983	921.143, the victim of a felony involving physical or emotional
2984	injury or trauma or, in a case in which the victim is a minor
2985	child or in a homicide, the guardian or family of the victim
2986	shall be consulted by the state attorney in order to obtain the
2987	views of the victim or family about the disposition of any
2988	criminal or juvenile case brought as a result of such crime,
2989	including the views of the victim or family about:
2990	a.  The release of the accused pending judicial
2991	proceedings;
2992	b.  Plea agreements;
2993	c.  Participation in pretrial diversion programs; and
2994	d.  Sentencing of the accused.
2995	2.  Upon request, the state attorney shall permit the
2996	victim, the victim's parent or guardian if the victim is a
2997	minor, the lawful representative of the victim or of the
2998	victim's parent or guardian if the victim is a minor, or the
2999	victim's next of kin in the case of a homicide to review a copy
3000	of the presentence investigation report prior to the sentencing
3001	hearing if one was completed. Any confidential information that
3002	pertains to medical history, mental health, or substance abuse
3003	and any information that pertains to any other victim shall be
3004	redacted from the copy of the report. Any person who reviews the
3005	report pursuant to this paragraph must maintain the
3006	confidentiality of the report and shall not disclose its
3007	contents to any person except statements made to the state
3008	attorney or the court.
3009	3.  When an inmate has been approved for community work
3010	release, the Department of Corrections shall, upon request and
3011	as provided in s. 944.605, notify the victim, the victim's
3012	parent or guardian if the victim is a minor, the lawful
3013	representative of the victim or of the victim's parent or
3014	guardian if the victim is a minor, or the victim's next of kin
3015	if the victim is a homicide victim.
3016	(h)  Return of property to victim.--Law enforcement
3017	agencies and the state attorney shall promptly return a victim's
3018	property held for evidentiary purposes unless there is a
3019	compelling law enforcement reason for retaining it. The trial or
3020	juvenile court exercising jurisdiction over the criminal or
3021	juvenile proceeding may enter appropriate orders to implement
3022	the provisions of this subsection, including allowing
3023	photographs of the victim's property to be used as evidence at
3024	the criminal trial or the juvenile proceeding in place of the
3025	victim's property when no substantial evidentiary issue related
3026	thereto is in dispute.
3027	(i)  Notification to employer and explanation to creditors
3028	of victim or witness.--A victim or witness who so requests shall
3029	be assisted by law enforcement agencies and the state attorney
3030	in informing his or her employer that the need for victim and
3031	witness cooperation in the prosecution of the case may
3032	necessitate the absence of that victim or witness from work. A
3033	victim or witness who, as a direct result of a crime or of his
3034	or her cooperation with law enforcement agencies or a state
3035	attorney, is subjected to serious financial strain shall be
3036	assisted by such agencies and state attorney in explaining to
3037	the creditors of such victim or witness the reason for such
3038	serious financial strain.
3039	(j)  Notification of right to request restitution.--Law
3040	enforcement agencies and the state attorney shall inform the
3041	victim of the victim's right to request and receive restitution
3042	pursuant to s. 775.089 or s. 985.437, and of the victim's rights
3043	of enforcement under ss. 775.089(6) and 985.0301 in the event an
3044	offender does not comply with a restitution order. The state
3045	attorney shall seek the assistance of the victim in the
3046	documentation of the victim's losses for the purpose of
3047	requesting and receiving restitution. In addition, the state
3048	attorney shall inform the victim if and when restitution is
3049	ordered. If an order of restitution is converted to a civil lien
3050	or civil judgment against the defendant, the clerks shall make
3051	available at their office, as well as on their website,
3052	information provided by the Secretary of State, the court, or
3053	The Florida Bar on enforcing the civil lien or judgment.
3054	(k)  Notification of right to submit impact statement.--The
3055	state attorney shall inform the victim of the victim's right to
3056	submit an oral or written impact statement pursuant to s.
3057	921.143 and shall assist in the preparation of such statement if
3058	necessary.
3059	(l)  Local witness coordination services.--The requirements
3060	for notification provided for in paragraphs (c), (d), and (i)
3061	may be performed by the state attorney or public defender for
3062	their own witnesses.
3063	(m)  Victim assistance education and training.--Victim
3064	assistance education and training shall be offered to persons
3065	taking courses at law enforcement training facilities and to
3066	state attorneys and assistant state attorneys so that victims
3067	may be promptly, properly, and completely assisted.
3068	(n)  General victim assistance.--Victims and witnesses
3069	shall be provided with such other assistance, such as
3070	transportation, parking, separate pretrial waiting areas, and
3071	translator services in attending court, as is practicable.
3072	(o)  Victim's rights information card or brochure.--A
3073	victim of a crime shall be provided with a victim's rights
3074	information card or brochure containing essential information
3075	concerning the rights of a victim and services available to a
3076	victim as required by state law.
3077	(p)  Information concerning escape from a state
3078	correctional institution, county jail, juvenile detention
3079	facility, or residential commitment facility.--In any case where
3080	an offender escapes from a state correctional institution,
3081	private correctional facility, county jail, juvenile detention
3082	facility, or residential commitment facility, the institution of
3083	confinement shall immediately notify the state attorney of the
3084	jurisdiction where the criminal charge or petition for
3085	delinquency arose and the judge who imposed the sentence of
3086	incarceration. The state attorney shall thereupon make every
3087	effort to notify the victim, material witness, parents or legal
3088	guardian of a minor who is a victim or witness, or immediate
3089	relatives of a homicide victim of the escapee. The state
3090	attorney shall also notify the sheriff of the county where the
3091	criminal charge or petition for delinquency arose. The sheriff
3092	shall offer assistance upon request. When an escaped offender is
3093	subsequently captured or is captured and returned to the
3094	institution of confinement, the institution of confinement shall
3095	again immediately notify the appropriate state attorney and
3096	sentencing judge pursuant to this section.
3097	(q)  Presence of victim advocate during discovery
3098	deposition; testimony of victim of a sexual offense.--At the
3099	request of the victim or the victim's parent, guardian, or
3100	lawful representative, the victim advocate designated by state
3101	attorney's office, sheriff's office, or municipal police
3102	department, or one representative from a not-for-profit victim
3103	services organization, including, but not limited to, rape
3104	crisis centers, domestic violence advocacy groups, and alcohol
3105	abuse or substance abuse groups shall be permitted to attend and
3106	be present during any deposition of the victim. The victim of a
3107	sexual offense shall be informed of the right to have the
3108	courtroom cleared of certain persons as provided in s. 918.16
3109	when the victim is testifying concerning that offense.
3110	(r)  Implementing crime prevention in order to protect the
3111	safety of persons and property, as prescribed in the State
3112	Comprehensive Plan.--By preventing crimes that create victims or
3113	further harm former victims, crime prevention efforts are an
3114	essential part of providing effective service for victims and
3115	witnesses. Therefore, the agencies identified in this subsection
3116	may participate in and expend funds for crime prevention, public
3117	awareness, public participation, and educational activities
3118	directly relating to, and in furtherance of, existing public
3119	safety statutes. Furthermore, funds may not be expended for the
3120	purpose of influencing public opinion on public policy issues
3121	that have not been resolved by the Legislature or the
3122	electorate.
3123	(s)  Attendance of victim at same school as
3124	defendant.--When the victim of an offense committed by a
3125	juvenile is a minor, the Department of Juvenile Justice shall
3126	request information to determine if the victim, or any sibling
3127	of the victim, attends or is eligible to attend the same school
3128	as the offender. However, if the offender is subject to a
3129	presentence investigation by the Department of Corrections, the
3130	Department of Corrections shall make such request. If the victim
3131	or any sibling of the victim attends or is eligible to attend
3132	the same school as that of the offender, the appropriate agency
3133	shall notify the victim's parent or legal guardian of the right
3134	to attend the sentencing or disposition of the offender and
3135	request that the offender be required to attend a different
3136	school.
3137	(t)  Use of a polygraph examination or other truth-telling
3138	device with victim.--No law enforcement officer, prosecuting
3139	attorney, or other government official shall ask or require an
3140	adult, youth, or child victim of an alleged sexual battery as
3141	defined in chapter 794 or other sexual offense to submit to a
3142	polygraph examination or other truth-telling device as a
3143	condition of proceeding with the investigation of such an
3144	offense. The refusal of a victim to submit to such an
3145	examination shall not prevent the investigation, charging, or
3146	prosecution of the offense.
3147	(u)  Presence of victim advocates during forensic medical
3148	examination.--At the request of the victim or the victim's
3149	parent, guardian, or lawful representative, a victim advocate
3150	from a certified rape crisis center shall be permitted to attend
3151	any forensic medical examination.
3152	Section 93.  Subsection (3) of section 960.17, Florida
3153	Statutes, is amended to read:
3154	960.17  Award constitutes debt owed to state.--
3155	(3)  The Parole Board Commission shall make the payment of
3156	the debt to the state a condition of parole under chapter 947,
3157	unless the board commission finds reasons to the contrary. If
3158	the board commission does not order payment, or orders only
3159	partial payment, it shall state on the record the reasons
3160	therefor.
3161	Section 94.  Subsection (1) of section 985.04, Florida
3162	Statutes, is amended to read:
3163	985.04  Oaths; records; confidential information.--
3164	(1)  Except as provided in subsections (2), (3), (6), and
3165	(7) and s. 943.053, all information obtained under this chapter
3166	in the discharge of official duty by any judge, any employee of
3167	the court, any authorized agent of the department, the Parole
3168	Board Commission, the Department of Corrections, the juvenile
3169	justice circuit boards, any law enforcement agent, or any
3170	licensed professional or licensed community agency
3171	representative participating in the assessment or treatment of a
3172	juvenile is confidential and may be disclosed only to the
3173	authorized personnel of the court, the department and its
3174	designees, the Department of Corrections, the Parole Board
3175	Commission, law enforcement agents, school superintendents and
3176	their designees, any licensed professional or licensed community
3177	agency representative participating in the assessment or
3178	treatment of a juvenile, and others entitled under this chapter
3179	to receive that information, or upon order of the court. Within
3180	each county, the sheriff, the chiefs of police, the district
3181	school superintendent, and the department shall enter into an
3182	interagency agreement for the purpose of sharing information
3183	about juvenile offenders among all parties. The agreement must
3184	specify the conditions under which summary criminal history
3185	information is to be made available to appropriate school
3186	personnel, and the conditions under which school records are to
3187	be made available to appropriate department personnel. Such
3188	agreement shall require notification to any classroom teacher of
3189	assignment to the teacher's classroom of a juvenile who has been
3190	placed in a probation or commitment program for a felony
3191	offense. The agencies entering into such agreement must comply
3192	with s. 943.0525, and must maintain the confidentiality of
3193	information that is otherwise exempt from s. 119.07(1), as
3194	provided by law.
3195	Section 95.  Subsection (2) of section 985.045, Florida
3196	Statutes, is amended to read:
3197	985.045  Court records.--
3198	(2)  The clerk shall keep all official records required by
3199	this section separate from other records of the circuit court,
3200	except those records pertaining to motor vehicle violations,
3201	which shall be forwarded to the Department of Highway Safety and
3202	Motor Vehicles. Except as provided in ss. 943.053 and
3203	985.04(6)(b) and (7), official records required by this chapter
3204	are not open to inspection by the public, but may be inspected
3205	only upon order of the court by persons deemed by the court to
3206	have a proper interest therein, except that a child and the
3207	parents, guardians, or legal custodians of the child and their
3208	attorneys, law enforcement agencies, the Department of Juvenile
3209	Justice and its designees, the Parole Board Commission, the
3210	Department of Corrections, and the Justice Administrative
3211	Commission shall always have the right to inspect and copy any
3212	official record pertaining to the child. The court may permit
3213	authorized representatives of recognized organizations compiling
3214	statistics for proper purposes to inspect, and make abstracts
3215	from, official records under whatever conditions upon the use
3216	and disposition of such records the court may deem proper and
3217	may punish by contempt proceedings any violation of those
3218	conditions.
3219	Section 96.  For the purpose of incorporating the
3220	amendments made by this act to sections 947.22 and 947.23,
3221	Florida Statutes, in references thereto, subsection (6) of
3222	section 948.06, Florida Statutes, is reenacted to read:
3223	948.06  Violation of probation or community control;
3224	revocation; modification; continuance; failure to pay
3225	restitution or cost of supervision.--
3226	(6)  Any parolee in a community control program who has
3227	allegedly violated the terms and conditions of such placement is
3228	subject to the provisions of ss. 947.22 and 947.23.
3229	Section 97.  The Division of Statutory Revision is directed
3230	to redesignate the title of chapter 947, Florida Statutes, as
3231	"Parole".
3232	Section 98.  Effective October 1, 2008, all of the
3233	statutory powers, duties and functions, records, personnel,
3234	property, and unexpended balances of appropriations,
3235	allocations, or other funds for the administration of the Parole
3236	Commission shall be transferred by a type two transfer, as
3237	defined in s. 20.06(2), Florida Statutes, from the Parole
3238	Commission to the Department of Corrections. It is the intent of
3239	the Legislature that the Department of Corrections, when filling
3240	vacancies in positions that exercise powers, duties, or
3241	functions of the department with respect to parole or probation
3242	give consideration, to the greatest possible extent, to
3243	qualified former employees of the Parole Commission whose
3244	position with the commission has been eliminated as a result of
3245	its reorganization by this act.
3246	Section 99.  It is the intent of the Legislature that this
3247	act does not abolish the Parole Commission but transfers fiscal
3248	administration of the commission and its employees and
3249	activities to the Department of Corrections for administrative
3250	purposes, while renaming the commission as the Parole Board. If
3251	a court rules that the Parole Board is not a continuation of the
3252	Parole Commission, the following shall apply:
3253	(1)  Parole Commissioners in office on the effective date
3254	of this act shall be and hereby are made members of the Parole
3255	Board whose term in office on the Parole Board shall expire on
3256	the same day as their former term of office on the Parole
3257	Commission would have expired.
3258	(2)  Time served by a Parole Commissioner shall count as
3259	time served as a Parole Board member for the purpose of
3260	implementing the term limit of s. 947.03(1), Florida Statutes.
3261	(3)  Any order of the Parole Commission entered into on or
3262	before September 30, 2008, shall continue in full force and
3263	effect as of October 1, 2008, and may be enforced or amended
3264	pursuant to law on or after October 1, 2008, by the Parole
3265	Board.
3266	(4)  All cases and matters pending before the Parole
3267	Commission on September 30, 2008, shall be transferred to, and
3268	fall under the jurisdiction of, the Parole Board. This transfer
3269	shall not affect any time period running pursuant to law or
3270	rule.
3271	(5)  Administrative rules adopted by the Parole Commission
3272	on or prior to September 30, 2008, and in effect on that day
3273	shall be administrative rules of the Parole Board as of October
3274	1, 2008, with the Parole Board substituted for the Parole
3275	Commission where appropriate, except to the extent any such rule
3276	is superseded by this act, and such rules shall remain in effect
3277	until amended or repealed by the Parole Board.
3278	Section 100.  This act shall take effect October 1, 2008.

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