Florida Senate - 2008 (PROPOSED COMMITTEE BILL) SPB 7024

FOR CONSIDERATION By the Committee on Criminal Justice

591-03059-08 20087024__

1

A bill to be entitled

2

An act relating to the Department of Corrections; amending

3

s. 27.51, F.S.; providing for the public defender to

4

represent an indigent person who is involuntarily placed

5

or treated in an inmate mental health treatment facility;

6

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

7

limiting circumstances under which an offender may be

8

placed in community control; amending s. 940.061, F.S.;

9

specifying that the Department of Corrections meets its

10

statutory obligation to assist released offenders with

11

completing the application for the restoration of civil

12

rights by sending an electronic list to the Parole

13

Commission each month of those inmates and offenders who

14

were released from incarceration or terminated from

15

supervision during the preceding month; amending s.

16

943.16, F.S.; eliminating provisions requiring that a law

17

enforcement officer reimburse the employing agency for

18

wages and benefits paid by the employing agency if the

19

officer terminates employment before the end of a 2-year

20

commitment period; eliminating wages and benefits from the

21

costs that employing agencies may recover; eliminating the

22

definition of the term "academy training period"; amending

23

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

24

offender sentenced to death to a facility for youthful

25

offenders until the offender reaches a specified age;

26

deleting provisions requiring that certain offenders

27

younger than 18 years of age be housed and provided

28

certain services separately from older offenders or placed

29

in a facility for youthful offenders; amending s. 944.293,

30

F.S.; specifying that the Department of Corrections meets

31

its statutory obligation to assist released offenders with

32

completing the application for the restoration of civil

33

rights by sending an electronic list to the Parole

34

Commission each month of those inmates and offenders who

35

were released from incarceration or terminated from

36

supervision during the preceding month; amending s.

37

944.47, F.S.; providing that a cellular telephone or other

38

portable communication device that is introduced inside

39

the secure perimeter of a state correctional institution

40

without prior authorization is contraband; prohibiting an

41

inmate or other person upon the grounds of the institution

42

from possessing such contraband without authorization;

43

providing a definition; providing criminal penalties;

44

amending s. 945.41, F.S.; eliminating a requirement that

45

the Department of Corrections contract with the Department

46

of Children and Family Services to provide certain mental

47

health services; authorizing the Department of Corrections

48

to contract with other entities or persons to provide

49

mental health services to inmates; amending s. 945.42,

50

F.S.; revising definitions and defining the term "crisis

51

stabilization care"; amending s. 945.43, F.S.; revising

52

the procedures for placing an inmate in a mental health

53

treatment facility; providing for the inmate to be

54

represented by an attorney; providing for representation

55

if the inmate is indigent; authorizing the court to waive

56

the presence of the inmate at the hearing on the inmate's

57

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

58

emergency placement of an inmate in a mental health

59

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

60

provisions governing the continued placement of an inmate

61

in a mental health treatment facility; providing for an

62

inmate who is not otherwise represented by an attorney to

63

be represented by the public defender of the circuit in

64

which the treatment facility is located; providing that

65

the administrative law judge may waive the presence of the

66

inmate at the hearing under certain conditions; amending

67

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

68

procedures for the involuntary examination of an inmate

69

who has a mental illness and meets certain criteria;

70

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

71

inmate who is no longer in need of mental health

72

treatment; deleting certain provisions governing

73

involuntary placement; requiring that a summary of the

74

inmate's treatment be provided to the Parole Commission

75

and the Department of Children and Family Services upon

76

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

77

for the involuntary mental health treatment of an inmate;

78

providing for the warden of the institution containing the

79

mental health treatment facility to petition the circuit

80

court for an order authorizing involuntary treatment;

81

providing requirements for the hearing on involuntary

82

treatment; limiting the period that an order authorizing

83

involuntary treatment is effective; providing a procedure

84

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

85

deleting a provision requiring that training provided to

86

correctional officers employed by a mental health

87

treatment facility be in accordance with the requirements

88

of the Criminal Justice Standards and Training Commission;

89

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

90

limiting circumstances under which an offender may be

91

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

92

deleting a requirement that community control programs and

93

manuals be developed in consultation with the Florida

94

Conference of Circuit Court Judges and the State Courts

95

Administrator; eliminating provisions requiring the

96

Department of Corrections to commit a specified amount of

97

resources to the community control program; deleting

98

requirements for the department in developing and

99

implementing community control programs, resource

100

directories, and training programs; deleting a requirement

101

for the Florida Court Education Council and the State

102

Courts Administrator to coordinate certain resources for

103

judges pertaining to community control; eliminating

104

provisions governing review and notice by the department

105

of offenders ineligible for community control and

106

requiring the department to develop a caseload

107

equalization strategy; deleting certain reporting

108

requirements for the department; amending s. 958.04, F.S.;

109

authorizing the court to sentence a person as a youthful

110

offender if the offender is younger than 21 years of age

111

at the time sentence is imposed; requiring the Department

112

of Corrections to adopt by rule criteria to define

113

successful participation in the youthful offender program;

114

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

115

designation of youthful offender facilities for housing

116

female offenders; revising requirements for the department

117

with respect to assigning or transferring youthful

118

offenders; removing references to the Assistant Secretary

119

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

120

the requirement for a youthful offender to be visited by a

121

probation and parole officer before release; removing the

122

requirement for the department to develop community

123

partnerships with the Department of Labor and Employment

124

Security and the Department of Children and Family

125

Services; providing legislative findings with respect to

126

the need to consolidate certain activities within the

127

correctional system; requiring the Parole Commission to

128

transfer its information technology functions to the

129

Department of Corrections; specifying the activities to be

130

included within the transfer; requiring the commission and

131

department to develop and implement a written plan;

132

providing an effective date.

133

134

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

135

136

     Section 1.  Subsection (1) of section 27.51, Florida

137

Statutes, is amended to read:

138

     27.51  Duties of public defender.--

139

     (1)  The public defender shall represent, without additional

140

compensation, any person determined to be indigent under s. 27.52

141

and:

142

     (a)  Under arrest for, or charged with, a felony;

143

     (b)  Under arrest for, or charged with:

144

     1.  A misdemeanor authorized for prosecution by the state

145

attorney;

146

     2.  A violation of chapter 316 punishable by imprisonment;

147

     3.  Criminal contempt; or

148

     4.  A violation of a special law or county or municipal

149

ordinance ancillary to a state charge, or if not ancillary to a

150

state charge, only if the public defender contracts with the

151

county or municipality to provide representation pursuant to ss.

152

27.54 and 125.69.

153

154

The public defender shall not provide representation pursuant to

155

this paragraph if the court, prior to trial, files in the cause

156

an order of no imprisonment as provided in s. 27.512;

157

     (c)  Alleged to be a delinquent child pursuant to a petition

158

filed before a circuit court;

159

     (d)  Sought by petition filed in such court to be

160

involuntarily placed as a mentally ill person under part I of

161

chapter 394, involuntarily placed in an inmate mental health

162

treatment facility under chapter 945, involuntarily treated in an

163

inmate mental health treatment facility under chapter 945,

164

involuntarily committed as a sexually violent predator under part

165

V of chapter 394, or involuntarily admitted to residential

166

services as a person with developmental disabilities under

167

chapter 393. A public defender shall not represent any plaintiff

168

in a civil action brought under the Florida Rules of Civil

169

Procedure, the Federal Rules of Civil Procedure, or the federal

170

statutes, or represent a petitioner in a rule challenge under

171

chapter 120, unless specifically authorized by statute;

172

     (e)  Convicted and sentenced to death, for purposes of

173

handling an appeal to the Supreme Court; or

174

     (f)  Is appealing a matter in a case arising under

175

paragraphs (a)-(d).

176

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

177

921.187, Florida Statutes, are amended to read:

178

     921.187  Disposition and sentencing; alternatives;

179

restitution.--

180

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

181

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

182

felony as defined in s. 776.08; and

183

     (b) Previously convicted of or adjudication was withheld

184

for a forcible felony as defined in s. 776.08.

185

186

Nothing in this subsection prohibits placement of certain inmates

187

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

188

this subsection, a forcible felony does not include manslaughter

189

or burglary.

190

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

191

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

192

is convicted of criminal transmission of HIV pursuant to s.

193

775.0877, the court may sentence the offender to criminal

194

quarantine community control as described in s. 948.001.

195

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

196

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

197

compelling reasons not to order such restitution. If the court

198

does not order restitution, or orders restitution of only a

199

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

200

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

201

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

202

775.089 does not remove or diminish the requirement that the

203

court order payment to the Crimes Compensation Trust Fund under

204

chapter 960.

205

     Section 3.  Section 940.061, Florida Statutes, is amended to

206

read:

207

     940.061  Informing persons about executive clemency and

208

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

209

inform and educate inmates and offenders on community supervision

210

about the restoration of civil rights and assist eligible inmates

211

and offenders on community supervision with the completion of the

212

application for the restoration of civil rights. The department

213

may meet its obligation to assist inmates and offenders with

214

completing the application for the restoration of civil rights by

215

electronically providing to the Parole Commission each month a

216

list of inmates who were released from incarceration and

217

offenders who were terminated from supervision during the

218

preceding month.

219

     Section 4.  Section 943.16, Florida Statutes, is amended to

220

read:

221

     943.16  Payment of tuition or officer certification

222

examination fee by employing agency; reimbursement of tuition,

223

other course expenses, wages, and benefits.--

224

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

225

tuition of a trainee in attendance at an approved basic recruit

226

training program.

227

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

228

at the expense of an employing agency must remain in the

229

employment or appointment of such employing agency for a period

230

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

231

training program. If employment or appointment is terminated on

232

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

233

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

234

tuition and, other course expenses, and additional amounts as

235

provided in paragraph (b).

236

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

237

tuition and other course expenses, a trainee terminating

238

employment as provided in paragraph (a) shall reimburse the

239

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

240

employing agency during the academy training period according to

241

the following schedule:

242

     1. For a trainee terminating employment within 6 months of

243

graduation from the basic recruit training program, the full

244

amount of wages and benefits paid during the academy training

245

period.

246

     2. For a trainee terminating employment within 6 months and

247

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

248

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

249

wages and benefits paid during the academy training period.

250

     3. For a trainee terminating employment within 12 months

251

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

252

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

253

of wages and benefits paid during the academy training period.

254

     4. For a trainee terminating employment within 18 months

255

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

256

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

257

amount of wages and benefits paid during the academy training

258

period.

259

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

260

fee for an applicant to take the officer certification

261

examination on one occasion.

262

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

263

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

264

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

265

provided that the employing agency gave written notification to

266

the trainee of the 2-year employment commitment during the

267

employment screening process. The trainee shall return signed

268

acknowledgment of receipt of such notification.

269

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

270

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

271

basic recruit training program in a law enforcement or

272

correctional officer academy class for purposes of obtaining

273

certification pursuant to this chapter, until the date of

274

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

275

includes the cost of meals.

276

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

277

employment with the employing agency and resign their

278

certification upon termination in order to obtain employment for

279

which certification under this chapter is not required. Further,

280

this section does not apply to trainees attending auxiliary

281

officer training.

282

     (7)  Notwithstanding the provisions of this section, an

283

employing agency may waive a trainee's requirement of

284

reimbursement in part or in full when the trainee terminates

285

employment due to hardship or extenuating circumstances.

286

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

287

Statutes, is amended to read:

288

     944.1905  Initial inmate classification; inmate

289

reclassification.--The Department of Corrections shall classify

290

inmates pursuant to an objective classification scheme. The

291

initial inmate classification questionnaire and the inmate

292

reclassification questionnaire must cover both aggravating and

293

mitigating factors.

294

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

295

the department shall assign to facilities housing youthful

296

offenders specific correctional facilities all inmates who are

297

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

298

and have not been assigned to a facility for youthful offenders,

299

with the exception of those who have received a sentence of

300

death. Such an inmate shall be assigned to a facility for

301

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

302

discretion of the department, an inmate may be housed in a

303

facility for youthful offenders until the inmate is 21 years of

304

age. Any such inmate who is less than 18 years of age shall be

305

housed in a dormitory that is separate from inmates who are 18

306

years of age or older. Furthermore, the department shall provide

307

any food service, education, and recreation for such inmate

308

separately from inmates who are 18 years of age or older.

309

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

310

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

311

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

312

prior juvenile adjudication must be placed in a facility for

313

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

314

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

315

facility for youthful offenders until the inmate is 21 years of

316

age.

317

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

318

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

319

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

320

reassigned to the general inmate population if his or her

321

behavior threatens the safety of other inmates or correctional

322

staff.

323

     Section 6.  Section 944.293, Florida Statutes, is amended to

324

read:

325

     944.293  Initiation of restoration of civil rights.--With

326

respect to those persons convicted of a felony, the following

327

procedure shall apply: Prior to the time an offender is

328

discharged from supervision, an authorized agent of the

329

department shall obtain from the Governor the necessary

330

application and other forms required for the restoration of civil

331

rights. The authorized agent shall assist the offender in

332

completing these forms and shall ensure that the application and

333

all necessary material are forwarded to the Governor before the

334

offender is discharged from supervision. The department may meet

335

its obligation to assist offenders in completing the application

336

for the restoration of civil rights by electronically providing

337

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

338

released from incarceration or terminated from supervision during

339

the preceding month.

340

     Section 7.  Section 944.47, Florida Statutes, is amended to

341

read:

342

     944.47  Introduction, removal, or possession of certain

343

articles unlawful; penalty.--

344

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

345

officer in charge of the correctional institution, it is unlawful

346

to introduce into or upon the grounds of any state correctional

347

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

348

send therefrom, any of the following articles which are hereby

349

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

350

wit:

351

     1.  Any written or recorded communication or any currency or

352

coin given or transmitted, or intended to be given or

353

transmitted, to any inmate of any state correctional institution.

354

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

355

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

356

correctional institution.

357

     3.  Any intoxicating beverage or beverage which causes or

358

may cause an intoxicating effect.

359

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

360

any prescription or nonprescription drug having a hypnotic,

361

stimulating, or depressing effect.

362

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

363

substance.

364

     6. Any cellular telephone or other portable communication

365

device intentionally and unlawfully introduced inside the secure

366

perimeter of any state correctional institution without prior

367

authorization or consent from the officer in charge of such

368

correctional institution. As used in this subparagraph, the term

369

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

370

or stored which is designed or intended to receive or transmit

371

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

372

electronically to the Internet or any other electronic device,

373

and which allows communications in any form. Such devices

374

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

375

held radios, cellular telephones, Blackberry-type devices,

376

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

377

components of these devices which are intended to be used to

378

assemble such devices. The term also includes any new technology

379

that is developed for similar purposes. Excluded from this

380

definition is any device having communication capabilities which

381

has been approved or issued by the department for investigative

382

or institutional security purposes or for conducting other state

383

business.

384

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

385

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

386

any inmate of any state correctional institution any article or

387

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

388

which is outside the grounds of such institution, except through

389

regular channels as authorized by the officer in charge of such

390

correctional institution.

391

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

392

institution or any person while upon the grounds of any state

393

correctional institution to be in actual or constructive

394

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

395

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

396

correctional institution.

397

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

398

it pertains to an article of contraband described in subparagraph

399

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

400

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

401

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

402

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

403

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

404

775.082, s. 775.083, or s. 775.084.

405

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

406

Florida Statutes, are amended to read:

407

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

408

intent of the Legislature that mentally ill inmates in the

409

custody of the Department of Corrections receive evaluation and

410

appropriate treatment for their mental illness through a

411

continuum of services. It is further the intent of the

412

Legislature that:

413

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

414

mental illnesses that require hospitalization and intensive

415

psychiatric inpatient treatment or care receive appropriate

416

treatment or care in Department of Corrections mental health

417

treatment facilities designated for that purpose. The department

418

shall contract with the Department of Children and Family

419

Services for the provision of mental health services in any

420

departmental mental health treatment facility. The Department of

421

Corrections shall provide mental health services to inmates

422

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

423

agencies qualified to provide such services.

424

     (5)  The department may designate a mental health treatment

425

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

426

contract with other appropriate entities, persons, or agencies

427

for such services.

428

     Section 9.  Section 945.42, Florida Statutes, is amended to

429

read:

430

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

431

945.40-945.49, the following terms shall have the meanings

432

ascribed to them, unless the context shall clearly indicate

433

otherwise:

434

     (1)  "Court" means the circuit court.

435

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

436

is less restrictive and intense than care provided in a mental

437

health treatment facility, that includes a broad range of

438

evaluation and treatment services provided within a highly

439

structured setting or locked residential setting, and that is

440

intended for inmates who are experiencing acute emotional

441

distress and who cannot be adequately evaluated and treated in a

442

transitional care unit or infirmary isolation management room.

443

Such treatment is also more intense than treatment provided in a

444

transitional care unit and is devoted principally toward rapid

445

stabilization of acute symptoms and conditions.

446

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

447

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

448

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

449

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

450

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

451

appropriately cared for in the institution where he or she the

452

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

453

restrictive and secure housing environment, because of the

454

apparent mental illness:

455

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

456

himself or herself and without immediate treatment intervention,

457

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

458

and such refusal the alleged mental illness poses an immediate,

459

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

460

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

461

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

462

inmate will inflict serious bodily harm on himself or herself or

463

another person, as evidenced by recent behavior involving

464

causing, attempting, or threatening such harm;

465

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

466

treatment at a mental health treatment facility after sufficient

467

and conscientious explanation and disclosure of the purpose of

468

placement; or

469

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

470

whether placement is necessary; and

471

     (c) All available less restrictive treatment alternatives

472

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

473

condition have been clinically determined to be inappropriate.

474

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

475

has a mental illness for which inpatient services in a mental

476

health treatment facility are necessary and that, but for being

477

isolated in a more restrictive and secure housing environment,

478

because of the which mental illness:

479

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

480

himself or herself, without treatment is likely to continue to

481

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

482

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

483

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

484

     2. There is a substantial likelihood that in the near

485

future the inmate will inflict serious bodily harm on himself or

486

herself or another person, as evidenced by recent behavior

487

causing, attempting, or threatening such harm;

488

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

489

treatment at a mental health treatment facility after sufficient

490

and conscientious explanation and disclosure of the purpose of

491

placement; or

492

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

493

whether placement is necessary; and

494

     (c) All available less restrictive treatment alternatives

495

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

496

condition have been clinically determined to be inappropriate.

497

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

498

of the Department of Corrections.

499

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

500

Corrections Mental Health Institution and any extended treatment

501

or hospitalization-level unit within the corrections system which

502

other institution that the Assistant Secretary for Health

503

Services of the department specifically designates by rule to

504

provide acute psychiatric care and which may include involuntary

505

treatment and therapeutic intervention at the hospital level, in

506

contrast to less intensive levels of care such as outpatient

507

mental health care, transitional mental health care, or crisis

508

stabilization care.

509

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

510

emotional processes, of the ability to exercise conscious control

511

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

512

reality or to understand, which impairment substantially

513

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

514

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

515

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

516

the term does not include retardation or developmental disability

517

as defined in chapter 393, simple intoxication, or conditions

518

manifested only by antisocial behavior or substance abuse drug

519

addiction. However, an individual who is mentally retarded or

520

developmentally disabled may also have a mental illness.

521

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

522

licensed pursuant to chapter 458 or chapter 459 who has primarily

523

diagnosed and treated nervous and mental disorders for a period

524

of not less than 3 years inclusive of psychiatric residency.

525

     (11)(10) "Psychologist" means a behavioral practitioner who

526

has an approved doctoral degree in psychology as defined in s.

527

490.003(3)(b) and is employed by the department that is primarily

528

clinical in nature from a university or professional graduate

529

school that is state-authorized or accredited by an accrediting

530

agency approved by the United States Department of Education and

531

who is professionally certified by the appropriate professional

532

psychology association or who is licensed as a psychologist

533

pursuant to chapter 490.

534

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

535

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

536

care that is more intensive than outpatient care, but less

537

intensive than crisis stabilization care, and is characterized by

538

the provision of traditional mental health treatments such as

539

group and individual therapy, activity therapy, recreational

540

therapy, and psychotropic medications chemotherapy, in the

541

context of a structured residential setting. Transitional mental

542

health care is indicated for a person with chronic or residual

543

symptomatology who does not require crisis stabilization care or

544

acute psychiatric care at the hospital level, but whose

545

impairment impairments in functioning nevertheless renders render

546

him or her incapable of adjusting satisfactorily within the

547

general inmate population, even with the assistance of outpatient

548

care.

549

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

550

facility or his or her designee.

551

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

552

read:

553

     945.43  Admission of inmate to mental health treatment

554

facility.--

555

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

556

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

557

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

558

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

559

TREATMENT FACILITY.--

560

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

561

facility after notice and hearing, upon the recommendation of the

562

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

563

director. The recommendation shall be entered on a petition

564

certificate and must be supported by the expert opinion of a

565

psychiatrist and the second opinion of a psychiatrist or

566

psychologist. The petition certificate shall be filed with the

567

court in the county where the inmate is located and shall serve

568

as a petition for a hearing regarding placement.

569

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

570

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

571

the inmate's representatives, accompanied by:

572

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

573

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

574

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

575

she has previously waived such a hearing.

576

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

577

signature of the inmate or the inmate's representative for

578

completion.

579

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

580

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

581

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

582

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

583

representative may apply immediately to the court to have an

584

attorney appointed if the inmate cannot afford one.

585

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

586

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

587

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

588

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

589

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

590

the hearing.

591

     (d) The inmate may have an attorney represent him or her at

592

the hearing and, if the inmate is indigent, the court may appoint

593

the office of the public defender or private counsel pursuant to

594

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

595

representing the inmate shall have access to the inmate and any

596

records, including medical or mental health records, which are

597

relevant to the representation of the inmate.

598

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

599

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

600

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

601

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

602

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

603

However, the inmate may be immediately transferred to and

604

admitted at a mental health treatment facility by executing a

605

waiver of the hearing by express and informed consent, without

606

awaiting the court order. The court shall authorize the mental

607

health treatment facility to retain the inmate for up to 6

608

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

609

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

610

Administrative Hearings in accordance with s. 945.45 court for an

611

order authorizing continued placement.

612

     (3) PROCEDURE FOR HEARING ON PLACEMENT TRANSFER OF AN

613

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

614

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

615

representative files a petition for a hearing after having waived

616

it,

617

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

618

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

619

allegedly mentally ill inmate. The notice must shall specify the

620

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

621

allegation of mental illness; and the names of the examining

622

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

623

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

624

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

625

waiver is consistent with the best interests of the inmate and

626

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

627

informal as is consistent with orderly procedure. One of the

628

experts whose opinion supported the petition for placement

629

recommendation shall be present at the hearing for information

630

purposes.

631

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

632

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

633

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

634

transferred to a mental health treatment facility and provided

635

appropriate treatment. The court shall provide a copy of its

636

order authorizing placement transfer and all supporting

637

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

638

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

639

mentally ill, it shall dismiss the petition for placement

640

transfer.

641

     (4) REFUSAL OF PLACEMENT ADMISSION; WHEN REFUSAL

642

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

643

treatment facility is located may refuse to place admit any

644

inmate in that treatment facility who is not accompanied by

645

adequate court orders and documentation, as required in ss.

646

945.40-945.49.

647

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

648

read:

649

     945.44 Emergency placement admission of inmate in a to

650

mental health treatment facility.--

651

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

652

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

653

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

654

945.42(5).

655

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

656

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

657

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

658

is confined may be placed in admitted to a mental health

659

treatment facility on an emergency basis. The inmate may be

660

placed transferred immediately in a mental health treatment to

661

the facility and shall be accompanied by the recommendation of

662

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

663

recommendation must shall state the need for the emergency

664

placement transfer and shall include a written opinion of a

665

physician verifying the need for the emergency placement

666

transfer. Upon the emergency placement the admission of the

667

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

668

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

669

warden shall initiate proceedings for placement of the inmate, as

670

described in s. 945.43(2).

671

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

672

read:

673

     945.45 Procedure for continued placement of inmates in a

674

mental health treatment facility.--

675

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

676

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

677

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

678

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

679

MENTAL HEALTH TREATMENT FACILITY.--

680

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

681

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

682

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

683

petition with the Division of Administrative Hearings for request

684

an order authorizing continued placement. The petition must This

685

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

686

physician justifying the petition request and providing a brief

687

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

688

been placed. In addition, the warden shall submit an

689

individualized plan for the inmate for whom he or she is

690

requesting continued placement. The inmate may remain in a mental

691

health treatment facility pending a hearing after the timely

692

filing of the petition.

693

     (b) Notification of this request for retention shall be

694

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

695

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

696

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

697

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

698

and shall state that the inmate is entitled to an administrative

699

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

700

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

701

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

702

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

703

criteria for continued placement, he or she will be transferred

704

out of the mental health treatment facility to another facility

705

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

706

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

707

waiver within 15 days, the administrative law judge shall notice

708

a hearing with regard to the inmate involved in accordance with

709

ss. 120.569 and 120.57(1).

710

     (c) Unless the inmate is otherwise represented by a private

711

attorney, the inmate must be represented at the hearing on the

712

petition for continued placement by the public defender of the

713

circuit in which the treatment facility is located.

714

     (3) PROCEDURE FOR HEARING ON CONTINUED PLACEMENT OF AN

715

INMATE IN A MENTAL HEALTH TREATMENT FACILITY.--

716

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

717

of an inmate in a mental health treatment facility is an

718

administrative hearing and shall be conducted in accordance with

719

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

720

administrative law judge is final and subject to judicial review

721

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

722

be assigned by the Division of Administrative Hearings to conduct

723

hearings for continued placement.

724

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

725

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

726

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

727

object.

728

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

729

administrative law judge finds that the inmate no longer meets

730

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

731

the inmate be transferred out of the mental health treatment

732

facility to another facility of the department.

733

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

734

administrative law judge finds that the inmate is in need of

735

continued placement treatment, the administrative law judge shall

736

enter an order authorizing such continued placement treatment for

737

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

738

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

739

that the inmate is retained in the mental health treatment

740

facility.

741

     (4) Hearings on requests for orders authorizing continued

742

placement filed in accordance with this section shall be

743

conducted in accordance with the provisions of ss. 120.569 and

744

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

745

law judge shall be final and subject to judicial review in

746

accordance with s. 120.68.

747

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

748

read:

749

     945.46  Initiation of involuntary placement proceedings with

750

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

751

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

752

in the department is scheduled for release through expiration of

753

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

754

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

755

warden is authorized to initiate procedures for involuntary

756

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

757

to such release.

758

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

759

involuntary examination pursuant to s. 394.463 for any inmate who

760

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

761

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

762

read:

763

     945.47  Discharge of inmate from mental health treatment.--

764

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

765

mental health treatment shall be discharged from treatment by the

766

warden under the following conditions:

767

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

768

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

769

transferred out of the mental health treatment facility and

770

provided with appropriate mental health services to another

771

institution in the department; or

772

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

773

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

774

transferred to another institution in the department and provided

775

appropriate outpatient and aftercare services;

776

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

777

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

778

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

779

recommendation for outpatient treatment, pursuant to the

780

provisions of ss. 945.40-945.49.; or

781

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

782

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

783

the warden shall initiate proceedings for involuntary placement,

784

pursuant to s. 394.467.

785

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

786

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

787

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

788

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

789

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

790

the court of clear and convincing evidence that the inmate is

791

manifestly dangerous to himself or herself or others. The need

792

for such placement shall be reviewed by facility staff every 90

793

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

794

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

795

involuntary placement shall be notified.

796

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

797

health treatment while in the custody of the department becomes

798

eligible for release under supervision or upon end of sentence on

799

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

800

may shall be provided to the Parole Commission and to the

801

Department of Children and Family Services upon request. The

802

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

803

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

804

history, prognosis, prescribed medication, and treatment plan,

805

and recommendations for aftercare services. In the event that the

806

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

807

parole officer who shall assist the inmate in applying for

808

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

809

application for treatment and continuation of treatment by the

810

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

811

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

812

may be a basis for initiation of parole violation hearings.

813

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

814

read:

815

     945.48 Rights of inmates inmate provided mental health

816

treatment; procedure for involuntary treatment.--

817

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

818

health treatment facility has the right to receive treatment that

819

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

820

a humane psychological environment. Such treatment shall be

821

administered skillfully, safely, and humanely with respect for

822

the inmate's dignity and personal integrity.

823

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

824

provided psychiatric treatment within the department shall be

825

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

826

such treatment. "Express and informed written consent" or

827

"consent" means consent voluntarily given in writing after a

828

conscientious and sufficient explanation and disclosure of the

829

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

830

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

831

the alternative treatment available. The explanation shall enable

832

the inmate to make a knowing and willful decision without any

833

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

834

constraint or coercion.

835

     (3) PROCEDURE FOR INVOLUNTARY TREATMENT OF

836

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

837

refuses treatment that is deemed to be necessary for the

838

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

839

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

840

institution authorized to do so by the Assistant Secretary for

841

Health Services under the following circumstances:

842

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

843

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

844

such treatment may be provided upon the written order of a

845

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

846

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

847

not given express and informed consent to the treatment initially

848

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

849

and legal holidays, petition the circuit court serving the county

850

in which the facility is located for an order authorizing the

851

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

852

be continued upon the written order of a physician who has

853

determined that the emergency situation continues to present a

854

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

855

be isolated for mental health purposes, that decision must be

856

reviewed within 72 hours by medical staff different from that

857

making the original placement.

858

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

859

warden of the institution containing the mental health treatment

860

facility shall petition the circuit court serving the county in

861

which the mental health treatment facility is located for an

862

order authorizing the treatment of the inmate. The inmate shall

863

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

864

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

865

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

866

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

867

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

868

appoint the office of the public defender or private counsel

869

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

870

An attorney representing the inmate shall have access to the

871

inmate and any records, including medical or mental health

872

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

873

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

874

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

875

in writing that the inmate has provided express and informed

876

consent in writing, that the inmate has been transferred to

877

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

878

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

879

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

880

order authorizing the continuation of treatment for another 90-

881

day period. This procedure shall be repeated until the inmate

882

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

883

may be continued pending a hearing after the filing of any

884

petition.

885

     (4) PROCEDURE FOR THE HEARING ON INVOLUNTARY TREATMENT OF

886

AN INMATE.--

887

     (a) The hearing on the petition for involuntary treatment

888

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

889

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

890

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

891

examine witnesses testifying on behalf of the facility, and may

892

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

893

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

894

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

895

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

896

opinion supported the petition shall appear as a witness at the

897

hearing.

898

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

899

should authorize treatment for which an inmate has refused to

900

give express and informed consent, the court shall determine by

901

clear and convincing evidence whether the inmate is mentally ill

902

as defined in this chapter; whether such treatment is essential

903

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

904

experimental or presents an unreasonable risk of serious,

905

hazardous, or irreversible side effects. In arriving at the

906

substitute judgment decision, the court must consider at least

907

the following:

908

     1.  The inmate's expressed preference regarding treatment;

909

     2.  The probability of adverse side effects;

910

     3.  The prognosis for the inmate without treatment; and

911

     4.  The prognosis for the inmate with treatment.

912

913

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

914

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

915

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

916

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

917

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

918

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

919

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

920

facility, and may present his or her own witnesses.

921

     (c) An order authorizing involuntary treatment shall allow

922

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

923

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

924

the inmate has provided express and informed consent in writing,

925

that the inmate has been transferred to another institution of

926

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

927

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

928

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

929

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

930

procedure shall be repeated until the inmate provides express and

931

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

932

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

933

petition.

934

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

935

situation in which there is immediate danger to the health and

936

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

937

provided at a mental health treatment facility upon the written

938

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

939

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

940

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

941

the treatment initially refused, the warden shall, within 48

942

hours, excluding weekends and legal holidays, petition the

943

circuit court, in accordance with the procedures described in

944

this section, for an order authorizing the continued treatment of

945

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

946

written order of a physician who has determined that the

947

emergency situation continues to present a danger to the safety

948

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

949

health purposes, that decision must be reviewed within 72 hours

950

by a different psychologist or a physician than the one making

951

the original placement.

952

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

953

provisions of this section for mental health treatment, when the

954

consent permission of the inmate cannot be obtained, the warden

955

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

956

representative, with the concurrence of the inmate's attending

957

physician, may authorize emergency surgical or nonpsychiatric

958

medical treatment if such treatment is deemed lifesaving or there

959

is a situation threatening serious bodily harm to the inmate.

960

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

961

treatment shall be subject to the same standards applied to other

962

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

963

consideration for parole, release by reason of gain-time

964

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

965

expiration of sentence.

966

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

967

read:

968

     945.49  Operation and administration.--

969

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

970

contract with the appropriate entities, agencies, persons, and

971

local governing bodies to provide mental health services pursuant

972

to ss. 945.40-945.49.

973

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

974

Health Program Office of the Department of Children and Family

975

Services, shall adopt rules necessary for administration of ss.

976

945.40-945.49 in accordance with chapter 120.

977

     (3)  ORIENTATION AND TRAINING.--Correctional officers

978

employed by a mental health treatment facility shall receive

979

specialized training above and beyond that required for basic

980

certification pursuant to chapter 943. Such training shall be in

981

accordance with requirements of the Criminal Justice Standards

982

and Training Commission.

983

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

984

treatment shall be subject to the same standards applied to other

985

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

986

consideration for parole, release by reason of gain-time

987

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

988

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

989

administrative law judges shall be assigned by the Division of

990

Administrative Hearings to conduct hearings for continued

991

placement.

992

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

993

948.01, Florida Statutes, is amended to read:

994

     948.01  When court may place defendant on probation or into

995

community control.--

996

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

997

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

998

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

999

disposition that probation is an unsuitable dispositional

1000

alternative to imprisonment, the court may place the offender in

1001

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

1002

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

1003

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

1004

may, within the period of its retained jurisdiction following

1005

commitment, suspend the further execution of the disposition and

1006

place the offender in a community control program upon such terms

1007

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

1008

offender advisory council pursuant to s. 948.90 with respect to

1009

the placement of an offender into community control. Not later

1010

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

1011

department shall forward to the court all relevant material on

1012

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

1013

alternative to incarceration is utilized, the court shall:

1014

     (c) Require the department to provide notifications

1015

pursuant to s. 948.10(7).

1016

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

1017

read:

1018

     948.10  Community control programs.--

1019

     (1)  The Department of Corrections shall develop and

1020

administer a community control program. Such community control

1021

program and required manuals shall be developed in consultation

1022

with the Florida Conference of Circuit Court Judges and the

1023

office of the State Courts Administrator. This complementary

1024

program shall be rigidly structured and designed to accommodate

1025

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

1026

incarcerated. The program shall focus on the provision of

1027

sanctions and consequences which are commensurate with the

1028

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

1029

the Parole Commission an alternative, community-based method to

1030

punish an offender in lieu of incarceration when the offender is

1031

a member of one of the following target groups:

1032

     (a)  Probation violators charged with technical violations

1033

or misdemeanor violations.

1034

     (b)  Parole violators charged with technical violations or

1035

misdemeanor violations.

1036

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

1037

criminal backgrounds or the seriousness of the offenses, would

1038

not be placed on regular probation.

1039

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

1040

     (a) Convicted of or adjudication withheld for a forcible

1041

felony as defined in s. 776.08, and

1042

     (b) Previously convicted of or adjudication withheld for a

1043

forcible felony as defined in s. 776.08.

1044

1045

Nothing in this subsection prohibits placement of certain inmates

1046

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

1047

this subsection, a forcible felony does not include manslaughter

1048

or burglary.

1049

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

1050

of the parole and probation field staff and supporting resources

1051

to the operation of the community control program. Caseloads

1052

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

1053

order to ensure an adequate level of staffing. Community control

1054

is an individualized program in which the offender is restricted

1055

to noninstitutional quarters or restricted to his or her own

1056

residence subject to an authorized level of limited freedom.

1057

     (4) The department shall develop and implement procedures

1058

to diagnose offenders during the prison intake process in order

1059

to recommend to the sentencing courts, during the period of

1060

retained jurisdiction, suitable candidates for placement in a

1061

program of community control.

1062

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

1063

contract for the development of, an implementation manual, a

1064

resource directory, and training programs for implementing

1065

community control programs.

1066

     (a)1. The community control implementation manual shall

1067

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

1068

of offenders who should be placed in community control programs,

1069

procedures for diagnosing offenders, objectives and goals of such

1070

placements, examples of alternative placements based upon the

1071

experience of other states, and instruction in developing an

1072

individualized program for each offender.

1073

     2. An offender's individualized program shall include

1074

diagnosis of treatment needs in the areas of education, substance

1075

abuse, and mental health, as well as community sanction

1076

provisions, restitution and community service provisions,

1077

rehabilitation objectives and programs, and a schedule for

1078

periodic review and reevaluation of such individualized programs.

1079

Individualized programs for offenders who committed controlled

1080

substance violations shall include provision for the conduct of

1081

random substance abuse testing intermittently throughout the term

1082

of supervision, upon the direction of the correctional probation

1083

officer as defined in s. 943.10(3).

1084

     (b) The community control resource directory shall include,

1085

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

1086

identification and description of community resources that are

1087

available for the implementation of community control programs,

1088

which resources include the following:

1089

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

1090

cost.

1091

     2. Client eligibility and characteristics which prohibit

1092

acceptance.

1093

     3. The objectives of the program.

1094

     4. The primary source of referrals.

1095

     5. The average length of stay.

1096

     6. The services offered.

1097

     (c) Training programs shall be provided for correctional

1098

field staff, local offender advisory councils, and others

1099

responsible for the implementation of community control programs.

1100

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

1101

the State Courts Administrator shall coordinate the development

1102

and implementation of a reference manual, directory, and training

1103

programs for judges in relation to community control disposition.

1104

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

1105

community control, the department shall notify:

1106

     (a) The original arresting law enforcement agency.

1107

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

1108

county in which the offender is to be placed.

1109

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

1110

within whose jurisdiction the offender is to be placed.

1111

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

1112

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

1113

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

1114

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

1115

1116

Such notification shall include the name and street address of

1117

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

1118

offense. Update notification must be provided with respect to

1119

violation of the terms or conditions of the placement.

1120

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

1121

court and the offender is ineligible to be placed on community

1122

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

1123

     (a) Review and verify whether an ineligible offender was

1124

placed on community control.

1125

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

1126

sentencing judge, the state attorney, and the Attorney General

1127

that the offender was ineligible for placement on community

1128

control.

1129

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

1130

state attorney of each circuit citing the number of ineligible

1131

offenders placed on community control within that circuit.

1132

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

1133

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

1134

the Chief Justice of the Supreme Court on the placement of

1135

ineligible offenders on community control in order to assist in

1136

preparing judicial education programs or for any other purpose.

1137

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

1138

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

1139

probation.

1140

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

1141

community control plan before the expiration of the term ordered

1142

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

1143

the offender from community control supervision or to return the

1144

offender to a program of regular probation supervision. In

1145

considering the petition, the court should recognize the limited

1146

staff resources committed to the community control program, the

1147

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

1148

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

1149

     (11) The Department of Corrections shall:

1150

     (a) Develop and maintain a weighted statewide caseload

1151

equalization strategy designed to ensure that high-risk offenders

1152

receive the highest level of supervision; and

1153

     (b) Develop and implement a supervision risk assessment

1154

instrument for the community control population which is similar

1155

to the probation risk assessment instrument established by the

1156

National Institute of Justice.

1157

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

1158

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

1159

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

1160

the community control program and the department's specific

1161

efforts to protect the public from offenders placed on community

1162

control. The analysis must include, but need not be limited to,

1163

specific information on the department's ability to meet minimum

1164

officer-to-offender contact standards, the number of crimes

1165

committed by offenders on community control, and the level of

1166

community supervision provided.

1167

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

1168

Florida Statutes, are amended to read:

1169

     958.04  Judicial disposition of youthful offenders.--

1170

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

1171

person:

1172

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

1173

transferred for prosecution to the criminal division of the

1174

circuit court pursuant to chapter 985;

1175

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

1176

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

1177

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

1178

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

1179

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

1180

birthday; and

1181

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

1182

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

1183

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

1184

sentenced as a youthful offender under this act.

1185

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

1186

and notwithstanding any imposition of consecutive sentences, the

1187

court shall dispose of the criminal case as follows:

1188

     (a)  The court may place a youthful offender under

1189

supervision on probation or in a community control program, with

1190

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

1191

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

1192

Such period of supervision may shall not exceed the maximum

1193

sentence for the offense for which the youthful offender was

1194

found guilty.

1195

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

1196

condition of probation or community control, which period of

1197

incarceration shall be served in either a county facility, a

1198

department probation and restitution center, or a community

1199

residential facility that which is owned and operated by any

1200

public or private entity providing such services. A No youthful

1201

offender may not be required to serve a period of incarceration

1202

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

1203

Admission to a department facility or center shall be contingent

1204

upon the availability of bed space and shall take into account

1205

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

1206

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

1207

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

1208

youthful offender is to be placed on probation or community

1209

control upon completion of any specified period of incarceration;

1210

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

1211

department facility other than a probation and restitution center

1212

or community residential facility, such period shall be for not

1213

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

1214

community control shall commence immediately upon the release of

1215

the youthful offender from incarceration. The period of

1216

incarceration imposed or served and the period of probation or

1217

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

1218

years.

1219

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

1220

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

1221

provided that any such commitment may shall not exceed the

1222

maximum sentence for the offense for which the youthful offender

1223

has been convicted. Successful participation in the youthful

1224

offender program by an offender who is sentenced as a youthful

1225

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

1226

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

1227

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

1228

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

1229

prior to the scheduled expiration of such term. The department

1230

shall adopt rules defining criteria for successful participation

1231

in the youthful offender program which shall include program

1232

participation, academic and vocational training, and satisfactory

1233

adjustment. When a modification of the sentence results in the

1234

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

1235

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

1236

of incarceration, may shall not exceed the original sentence

1237

imposed.

1238

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

1239

read:

1240

     958.11  Designation of institutions and programs for

1241

youthful offenders; assignment from youthful offender

1242

institutions and programs.--

1243

     (1)  The department shall by rule designate separate

1244

institutions and programs for youthful offenders and shall employ

1245

and utilize personnel specially qualified by training and

1246

experience to operate all such institutions and programs for

1247

youthful offenders. Youthful offenders who are at least 14 years

1248

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

1249

time of reception shall be separated from youthful offenders who

1250

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

1251

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

1252

offenders exceeds 100 percent of lawful capacity, the department

1253

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

1254

facility.

1255

     (2)  Youthful offender institutions and programs shall

1256

contain only those youthful offenders sentenced as such by a

1257

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

1258

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

1259

special circumstances select adult offenders may be assigned to

1260

youthful offender institutions. Female youthful offenders of all

1261

ages may continue to be housed together at those institutions

1262

designated by department rule Florida Correctional Institution

1263

and Broward Correctional Institution until such time as

1264

institutions for a female youthful offenders are offender

1265

institution is established or adapted to allow for separation by

1266

age and to accommodate all custody classifications.

1267

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

1268

facility in the state correctional system which is not designated

1269

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

1270

offenders or an age group only in the following circumstances:

1271

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

1272

which is a felony under the laws of this state.

1273

     (b)  If the youthful offender becomes such a serious

1274

management or disciplinary problem resulting from serious

1275

violations of the rules of the department that his or her

1276

original assignment would be detrimental to the interests of the

1277

program and to other inmates committed thereto.

1278

     (c)  If the youthful offender needs medical treatment,

1279

health services, or other specialized treatment otherwise not

1280

available at the youthful offender facility.

1281

     (d)  If the department determines that the youthful offender

1282

should be transferred outside of the state correctional system,

1283

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

1284

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

1285

residential facility, the department may assign a youthful

1286

offender to a community residential facility, provided that the

1287

youthful offender is separated from other offenders insofar as is

1288

practical.

1289

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

1290

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

1291

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

1292

department may retain the youthful offender in the facility if

1293

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

1294

youthful offender and the department.

1295

     (g)  If the department determines that a youthful offender

1296

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

1297

group is mentally or physically vulnerable by such placement, the

1298

department may reassign a youthful offender to a facility

1299

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

1300

that a reassignment is necessary to protect the safety of the

1301

youthful offender or the institution.

1302

     (h)  If the department determines that a youthful offender

1303

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

1304

group is disruptive, incorrigible, or uncontrollable, the

1305

department may reassign a youthful offender to a facility

1306

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

1307

that a reassignment would best serve the interests of the

1308

youthful offender and the department.

1309

     (4) The department Office of the Assistant Secretary for

1310

Youthful Offenders shall continuously screen all institutions,

1311

facilities, and programs for any inmate who meets the eligibility

1312

requirements for youthful offender designation specified in s.

1313

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

1314

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

1315

department may classify and assign as a youthful offender any

1316

inmate who meets the criteria of this subsection.

1317

     (5) The department Population Movement and Control

1318

Coordinator shall coordinate all youthful offender assignments or

1319

transfers and shall consult with the Office of the Assistant

1320

Secretary for Youthful Offenders. The Office of the Assistant

1321

Secretary for Youthful Offenders shall review and maintain access

1322

to full and complete documentation and substantiation of all such

1323

assignments or transfers of youthful offenders to or from

1324

facilities in the state correctional system which are not

1325

designated for their care, custody, and control, except

1326

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

1327

     (6)  The department may assign to a youthful offender

1328

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

1329

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

1330

criteria of this section, if the department Assistant Secretary

1331

for Youthful Offenders determines that such inmate's mental or

1332

physical vulnerability would substantially or materially

1333

jeopardize his or her safety in a nonyouthful offender facility.

1334

Assignments made under this subsection shall be included in the

1335

department's annual report.

1336

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

1337

read:

1338

     958.12  Participation in certain activities required.--

1339

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

1340

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

1341

rehabilitative programs in accordance with this section,

1342

including, but not limited to:

1343

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

1344

to participate in:

1345

     1.  Reception and orientation.

1346

     2.  Evaluation, needs assessment, and classification.

1347

     3.  Educational programs.

1348

     4.  Career and job training.

1349

     5.  Life and socialization skills training, including

1350

anger/aggression control.

1351

     6.  Prerelease orientation and planning.

1352

     7.  Appropriate transition services.

1353

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

1354

department shall make available:

1355

     1.  Religious services and counseling.

1356

     2.  Social services.

1357

     3.  Substance abuse treatment and counseling.

1358

     4.  Psychological and psychiatric services.

1359

     5.  Library services.

1360

     6.  Medical and dental health care.

1361

     7.  Athletic, recreational, and leisure time activities.

1362

     8.  Mail and visiting privileges.

1363

1364

Income derived by a youthful offender from participation in such

1365

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

1366

of his or her incarceration or supervision; to satisfy

1367

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

1368

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

1369

the crime for which the youthful offender has been convicted in

1370

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

1371

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

1372

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

1373

offender upon his or her release.

1374

     (2)  A comprehensive transition and postrelease plan shall

1375

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

1376

transition assistance officer, a classification officer, an

1377

educational representative, a health services administrator, a

1378

probation and parole officer, and the youthful offender.

1379

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

1380

parole officer prior to the offender's release from incarceration

1381

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

1382

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

1383

department to provide postrelease community resources. The

1384

department shall develop partnerships with entities that which

1385

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

1386

Labor and Employment Security, the Department of Children and

1387

Family Services, community health agencies, private agencies, and

1388

school systems.

1389

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

1390

release from incarceration is required, this and may be

1391

accomplished in a residential or nonresidential program or,

1392

intensive day treatment, or through supervision by a correctional

1393

probation and parole officer.

1394

     Section 22. Transfer of administrative functions within the

1395

Parole Commission and the Department of Corrections.--

1396

     (1) Pursuant to s. 944.012(5), Florida Statutes, and in

1397

order to make the correctional system an efficient and effective

1398

mechanism, the various agencies involved in the correctional

1399

process shall coordinate and consolidate their activities and

1400

areas of responsibility so that scarce resources are used more

1401

economically.

1402

     (2) The Legislature finds that the Parole Commission and

1403

the Department of Corrections currently operate separate and

1404

distinct information technology systems having related functions.

1405

Consolidating the information technology functions of the

1406

commission within the department will increase efficiency,

1407

eliminate redundant functions and workloads, and provide a cost

1408

savings.

1409

     (3) The Parole Commission shall transfer to the Department

1410

of Corrections all information technology functions, including,

1411

but not limited to, systems development and maintenance, database

1412

administration, computer operations, data center environment,

1413

systems engineering, and the network administration and help desk

1414

activities of the management information systems. The commission

1415

and the department shall develop and implement a written plan

1416

that provides for the full transfer of administrative functions,

1417

defines the functions to be performed by each party, and

1418

delineates responsibility for each function.

1419

     Section 23.  This act shall take effect October 1, 2008.

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