Florida Senate - 2008 (PROPOSED COMMITTEE BILL) SPB 7024
FOR CONSIDERATION By the Committee on Criminal Justice
591-03059-08 20087024__
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A bill to be entitled
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An act relating to the Department of Corrections; amending
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s. 27.51, F.S.; providing for the public defender to
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represent an indigent person who is involuntarily placed
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or treated in an inmate mental health treatment facility;
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amending s. 921.187, F.S.; deleting certain provisions
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limiting circumstances under which an offender may be
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placed in community control; amending s. 940.061, F.S.;
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specifying that the Department of Corrections meets its
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statutory obligation to assist released offenders with
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completing the application for the restoration of civil
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rights by sending an electronic list to the Parole
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Commission each month of those inmates and offenders who
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were released from incarceration or terminated from
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supervision during the preceding month; amending s.
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943.16, F.S.; eliminating provisions requiring that a law
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enforcement officer reimburse the employing agency for
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wages and benefits paid by the employing agency if the
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officer terminates employment before the end of a 2-year
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commitment period; eliminating wages and benefits from the
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costs that employing agencies may recover; eliminating the
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definition of the term "academy training period"; amending
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s. 944.1905, F.S.; authorizing the department to assign an
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offender sentenced to death to a facility for youthful
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offenders until the offender reaches a specified age;
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deleting provisions requiring that certain offenders
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younger than 18 years of age be housed and provided
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certain services separately from older offenders or placed
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in a facility for youthful offenders; amending s. 944.293,
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F.S.; specifying that the Department of Corrections meets
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its statutory obligation to assist released offenders with
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completing the application for the restoration of civil
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rights by sending an electronic list to the Parole
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Commission each month of those inmates and offenders who
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were released from incarceration or terminated from
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supervision during the preceding month; amending s.
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944.47, F.S.; providing that a cellular telephone or other
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portable communication device that is introduced inside
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the secure perimeter of a state correctional institution
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without prior authorization is contraband; prohibiting an
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inmate or other person upon the grounds of the institution
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from possessing such contraband without authorization;
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providing a definition; providing criminal penalties;
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amending s. 945.41, F.S.; eliminating a requirement that
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the Department of Corrections contract with the Department
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of Children and Family Services to provide certain mental
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health services; authorizing the Department of Corrections
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to contract with other entities or persons to provide
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mental health services to inmates; amending s. 945.42,
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F.S.; revising definitions and defining the term "crisis
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stabilization care"; amending s. 945.43, F.S.; revising
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the procedures for placing an inmate in a mental health
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treatment facility; providing for the inmate to be
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represented by an attorney; providing for representation
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if the inmate is indigent; authorizing the court to waive
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the presence of the inmate at the hearing on the inmate's
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placement; amending s. 945.44, F.S.; providing for the
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emergency placement of an inmate in a mental health
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treatment facility; amending s. 945.45, F.S.; revising the
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provisions governing the continued placement of an inmate
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in a mental health treatment facility; providing for an
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inmate who is not otherwise represented by an attorney to
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be represented by the public defender of the circuit in
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which the treatment facility is located; providing that
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the administrative law judge may waive the presence of the
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inmate at the hearing under certain conditions; amending
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s. 945.46, F.S.; authorizing the warden to initiate
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procedures for the involuntary examination of an inmate
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who has a mental illness and meets certain criteria;
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amending s. 945.47, F.S.; providing for the transfer of an
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inmate who is no longer in need of mental health
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treatment; deleting certain provisions governing
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involuntary placement; requiring that a summary of the
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inmate's treatment be provided to the Parole Commission
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and the Department of Children and Family Services upon
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request; amending s. 945.48, F.S.; revising the procedure
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for the involuntary mental health treatment of an inmate;
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providing for the warden of the institution containing the
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mental health treatment facility to petition the circuit
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court for an order authorizing involuntary treatment;
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providing requirements for the hearing on involuntary
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treatment; limiting the period that an order authorizing
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involuntary treatment is effective; providing a procedure
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for emergency treatment; amending s. 945.49, F.S.;
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deleting a provision requiring that training provided to
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correctional officers employed by a mental health
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treatment facility be in accordance with the requirements
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of the Criminal Justice Standards and Training Commission;
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amending s. 948.01, F.S.; deleting certain provisions
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limiting circumstances under which an offender may be
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placed in community control; amending s. 948.10, F.S.;
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deleting a requirement that community control programs and
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manuals be developed in consultation with the Florida
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Conference of Circuit Court Judges and the State Courts
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Administrator; eliminating provisions requiring the
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Department of Corrections to commit a specified amount of
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resources to the community control program; deleting
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requirements for the department in developing and
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implementing community control programs, resource
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directories, and training programs; deleting a requirement
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for the Florida Court Education Council and the State
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Courts Administrator to coordinate certain resources for
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judges pertaining to community control; eliminating
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provisions governing review and notice by the department
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of offenders ineligible for community control and
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requiring the department to develop a caseload
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equalization strategy; deleting certain reporting
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requirements for the department; amending s. 958.04, F.S.;
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authorizing the court to sentence a person as a youthful
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offender if the offender is younger than 21 years of age
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at the time sentence is imposed; requiring the Department
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of Corrections to adopt by rule criteria to define
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successful participation in the youthful offender program;
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amending s. 958.11, F.S.; removing the specific
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designation of youthful offender facilities for housing
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female offenders; revising requirements for the department
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with respect to assigning or transferring youthful
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offenders; removing references to the Assistant Secretary
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for Youthful Offenders; amending s. 958.12, F.S.; removing
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the requirement for a youthful offender to be visited by a
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probation and parole officer before release; removing the
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requirement for the department to develop community
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partnerships with the Department of Labor and Employment
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Security and the Department of Children and Family
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Services; providing legislative findings with respect to
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the need to consolidate certain activities within the
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correctional system; requiring the Parole Commission to
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transfer its information technology functions to the
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Department of Corrections; specifying the activities to be
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included within the transfer; requiring the commission and
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department to develop and implement a written plan;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (1) of section 27.51, Florida
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Statutes, is amended to read:
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27.51 Duties of public defender.--
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(1) The public defender shall represent, without additional
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compensation, any person determined to be indigent under s. 27.52
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and:
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(a) Under arrest for, or charged with, a felony;
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(b) Under arrest for, or charged with:
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1. A misdemeanor authorized for prosecution by the state
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attorney;
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2. A violation of chapter 316 punishable by imprisonment;
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3. Criminal contempt; or
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4. A violation of a special law or county or municipal
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ordinance ancillary to a state charge, or if not ancillary to a
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state charge, only if the public defender contracts with the
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county or municipality to provide representation pursuant to ss.
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The public defender shall not provide representation pursuant to
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this paragraph if the court, prior to trial, files in the cause
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an order of no imprisonment as provided in s. 27.512;
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(c) Alleged to be a delinquent child pursuant to a petition
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filed before a circuit court;
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(d) Sought by petition filed in such court to be
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involuntarily placed as a mentally ill person under part I of
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chapter 394, involuntarily placed in an inmate mental health
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treatment facility under chapter 945, involuntarily treated in an
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inmate mental health treatment facility under chapter 945,
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involuntarily committed as a sexually violent predator under part
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V of chapter 394, or involuntarily admitted to residential
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services as a person with developmental disabilities under
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chapter 393. A public defender shall not represent any plaintiff
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in a civil action brought under the Florida Rules of Civil
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Procedure, the Federal Rules of Civil Procedure, or the federal
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statutes, or represent a petitioner in a rule challenge under
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chapter 120, unless specifically authorized by statute;
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(e) Convicted and sentenced to death, for purposes of
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handling an appeal to the Supreme Court; or
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(f) Is appealing a matter in a case arising under
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paragraphs (a)-(d).
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Section 2. Subsections (2), (3), and (4) of section
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921.187, Florida Statutes, are amended to read:
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921.187 Disposition and sentencing; alternatives;
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restitution.--
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(2) An offender may not be placed in community control if:
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(a) Convicted of or adjudication is withheld for a forcible
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felony as defined in s. 776.08; and
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(b) Previously convicted of or adjudication was withheld
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for a forcible felony as defined in s. 776.08.
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Nothing in this subsection prohibits placement of certain inmates
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on community control pursuant to s. 947.1747. For purposes of
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this subsection, a forcible felony does not include manslaughter
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or burglary.
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(2)(3) In addition to any other penalty provided by law for
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an offense enumerated in s. 775.0877(1)(a)-(n), if the offender
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is convicted of criminal transmission of HIV pursuant to s.
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775.0877, the court may sentence the offender to criminal
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quarantine community control as described in s. 948.001.
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(3)(4) The court shall require an offender to make
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restitution under s. 775.089, unless the court finds clear and
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compelling reasons not to order such restitution. If the court
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does not order restitution, or orders restitution of only a
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portion of the damages, as provided in s. 775.089, the court
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shall state the reasons on the record in detail. An order
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requiring an offender to make restitution to a victim under s.
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775.089 does not remove or diminish the requirement that the
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court order payment to the Crimes Compensation Trust Fund under
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chapter 960.
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Section 3. Section 940.061, Florida Statutes, is amended to
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read:
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940.061 Informing persons about executive clemency and
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restoration of civil rights.--The Department of Corrections shall
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inform and educate inmates and offenders on community supervision
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about the restoration of civil rights and assist eligible inmates
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and offenders on community supervision with the completion of the
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application for the restoration of civil rights. The department
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may meet its obligation to assist inmates and offenders with
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completing the application for the restoration of civil rights by
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electronically providing to the Parole Commission each month a
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list of inmates who were released from incarceration and
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offenders who were terminated from supervision during the
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preceding month.
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Section 4. Section 943.16, Florida Statutes, is amended to
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read:
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943.16 Payment of tuition or officer certification
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examination fee by employing agency; reimbursement of tuition,
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other course expenses, wages, and benefits.--
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(1) An employing agency is authorized to pay any costs of
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tuition of a trainee in attendance at an approved basic recruit
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training program.
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(2)(a) A trainee who attends such approved training program
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at the expense of an employing agency must remain in the
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employment or appointment of such employing agency for a period
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of not less than 2 years after graduation from the basic recruit
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training program. If employment or appointment is terminated on
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the trainee's own initiative within 2 years, he or she shall
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reimburse the employing agency for the full cost of his or her
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tuition and, other course expenses, and additional amounts as
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provided in paragraph (b).
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(b) In addition to reimbursement for the full cost of
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tuition and other course expenses, a trainee terminating
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employment as provided in paragraph (a) shall reimburse the
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employing agency for the trainee's wages and benefits paid by the
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employing agency during the academy training period according to
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the following schedule:
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1. For a trainee terminating employment within 6 months of
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graduation from the basic recruit training program, the full
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amount of wages and benefits paid during the academy training
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period.
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2. For a trainee terminating employment within 6 months and
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1 day to 12 months of graduation from the basic recruit training
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program, an amount equal to three-fourths of the full amount of
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wages and benefits paid during the academy training period.
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3. For a trainee terminating employment within 12 months
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and 1 day to 18 months of graduation from the basic recruit
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training program, an amount equal to one-half of the full amount
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of wages and benefits paid during the academy training period.
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4. For a trainee terminating employment within 18 months
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and 1 day to 24 months of graduation from the basic recruit
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training program, an amount equal to one-fourth of the full
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amount of wages and benefits paid during the academy training
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period.
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(3) An employing agency is authorized to pay the required
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fee for an applicant to take the officer certification
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examination on one occasion.
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(4) An employing agency may institute a civil action to
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collect such cost of tuition and, other course expenses, wages,
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and benefits as provided in this section if it is not reimbursed,
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provided that the employing agency gave written notification to
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the trainee of the 2-year employment commitment during the
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employment screening process. The trainee shall return signed
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acknowledgment of receipt of such notification.
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(5) For purposes of this section, "academy training period"
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means the period of time that a trainee is attending an approved
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basic recruit training program in a law enforcement or
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correctional officer academy class for purposes of obtaining
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certification pursuant to this chapter, until the date of
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graduation from such class. the term "other course expenses"
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includes the cost of meals.
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(6) This section does not apply to trainees who terminate
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employment with the employing agency and resign their
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certification upon termination in order to obtain employment for
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which certification under this chapter is not required. Further,
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this section does not apply to trainees attending auxiliary
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officer training.
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(7) Notwithstanding the provisions of this section, an
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employing agency may waive a trainee's requirement of
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reimbursement in part or in full when the trainee terminates
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employment due to hardship or extenuating circumstances.
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Section 5. Subsection (5) of section 944.1905, Florida
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Statutes, is amended to read:
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944.1905 Initial inmate classification; inmate
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reclassification.--The Department of Corrections shall classify
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inmates pursuant to an objective classification scheme. The
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initial inmate classification questionnaire and the inmate
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reclassification questionnaire must cover both aggravating and
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mitigating factors.
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(5)(a) Notwithstanding any other provision of this section,
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the department shall assign to facilities housing youthful
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offenders specific correctional facilities all inmates who are
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less than 18 years of age and who are not eligible for assignment
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and have not been assigned to a facility for youthful offenders,
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with the exception of those who have received a sentence of
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death. Such an inmate shall be assigned to a facility for
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youthful offenders until the inmate is 18 years of age. At the
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discretion of the department, an inmate may be housed in a
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facility for youthful offenders until the inmate is 21 years of
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age. Any such inmate who is less than 18 years of age shall be
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housed in a dormitory that is separate from inmates who are 18
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years of age or older. Furthermore, the department shall provide
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any food service, education, and recreation for such inmate
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separately from inmates who are 18 years of age or older.
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(b) Notwithstanding the requirements of s. 958.11, any
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inmate who is less than 18 years of age, who was 15 years of age
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or younger at the time of his or her offense, and who has no
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prior juvenile adjudication must be placed in a facility for
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youthful offenders until the inmate is 18 years of age. At the
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discretion of the department, such an inmate may be placed in a
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facility for youthful offenders until the inmate is 21 years of
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age.
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(b)(c) Any inmate who is assigned to a facility under
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paragraph (a) is subject to the provisions of s. 958.11 regarding
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facility assignments, and or paragraph (b) shall be removed and
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reassigned to the general inmate population if his or her
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behavior threatens the safety of other inmates or correctional
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staff.
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Section 6. Section 944.293, Florida Statutes, is amended to
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read:
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944.293 Initiation of restoration of civil rights.--With
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respect to those persons convicted of a felony, the following
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procedure shall apply: Prior to the time an offender is
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discharged from supervision, an authorized agent of the
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department shall obtain from the Governor the necessary
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application and other forms required for the restoration of civil
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rights. The authorized agent shall assist the offender in
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completing these forms and shall ensure that the application and
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all necessary material are forwarded to the Governor before the
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offender is discharged from supervision. The department may meet
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its obligation to assist offenders in completing the application
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for the restoration of civil rights by electronically providing
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to the Parole Commission each month a list of offenders who were
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released from incarceration or terminated from supervision during
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the preceding month.
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Section 7. Section 944.47, Florida Statutes, is amended to
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read:
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944.47 Introduction, removal, or possession of certain
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articles unlawful; penalty.--
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(1)(a) Except through regular channels as authorized by the
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officer in charge of the correctional institution, it is unlawful
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to introduce into or upon the grounds of any state correctional
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institution, or to take or attempt to take or send or attempt to
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send therefrom, any of the following articles which are hereby
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declared to be contraband for the purposes of this section, to
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wit:
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1. Any written or recorded communication or any currency or
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coin given or transmitted, or intended to be given or
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transmitted, to any inmate of any state correctional institution.
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2. Any article of food or clothing given or transmitted, or
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intended to be given or transmitted, to any inmate of any state
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correctional institution.
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3. Any intoxicating beverage or beverage which causes or
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may cause an intoxicating effect.
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4. Any controlled substance as defined in s. 893.02(4) or
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any prescription or nonprescription drug having a hypnotic,
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stimulating, or depressing effect.
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5. Any firearm or weapon of any kind or any explosive
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substance.
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6. Any cellular telephone or other portable communication
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device intentionally and unlawfully introduced inside the secure
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perimeter of any state correctional institution without prior
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authorization or consent from the officer in charge of such
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correctional institution. As used in this subparagraph, the term
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"portable communication device" means any device carried, worn,
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or stored which is designed or intended to receive or transmit
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verbal or written messages, access or store data, or connect
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electronically to the Internet or any other electronic device,
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and which allows communications in any form. Such devices
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include, but are not limited to, portable two-way pagers, hand-
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held radios, cellular telephones, Blackberry-type devices,
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personal digital assistants or PDA's, laptop computers, or any
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components of these devices which are intended to be used to
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assemble such devices. The term also includes any new technology
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that is developed for similar purposes. Excluded from this
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definition is any device having communication capabilities which
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has been approved or issued by the department for investigative
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or institutional security purposes or for conducting other state
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business.
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(b) It is unlawful to transmit or attempt to transmit to,
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or cause or attempt to cause to be transmitted to or received by,
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any inmate of any state correctional institution any article or
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thing declared by this subsection to be contraband, at any place
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which is outside the grounds of such institution, except through
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regular channels as authorized by the officer in charge of such
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correctional institution.
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(c) It is unlawful for any inmate of any state correctional
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institution or any person while upon the grounds of any state
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correctional institution to be in actual or constructive
394
possession of any article or thing declared by this section to be
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contraband, except as authorized by the officer in charge of such
396
correctional institution.
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(2) A person who violates any provision of this section as
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it pertains to an article of contraband described in subparagraph
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(1)(a)1., or subparagraph (1)(a)2., or subparagraph (1)(a)6.
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commits is guilty of a felony of the third degree, punishable as
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cases, a violation of a provision of this section constitutes a
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felony of the second degree, punishable as provided in s.
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Section 8. Subsections (1) and (5) of section 945.41,
406
Florida Statutes, are amended to read:
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intent of the Legislature that mentally ill inmates in the
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custody of the Department of Corrections receive evaluation and
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appropriate treatment for their mental illness through a
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continuum of services. It is further the intent of the
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Legislature that:
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(1) Inmates in the custody of the department who have
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mental illnesses that require hospitalization and intensive
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psychiatric inpatient treatment or care receive appropriate
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treatment or care in Department of Corrections mental health
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treatment facilities designated for that purpose. The department
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shall contract with the Department of Children and Family
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Services for the provision of mental health services in any
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departmental mental health treatment facility. The Department of
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Corrections shall provide mental health services to inmates
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committed to it and may contract with any entities, persons, or
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agencies qualified to provide such services.
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(5) The department may designate a mental health treatment
425
facility for adult, and youthful, and female offenders or may
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contract with other appropriate entities, persons, or agencies
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for such services.
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Section 9. Section 945.42, Florida Statutes, is amended to
429
read:
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
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health treatment facility, that includes a broad range of
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evaluation and treatment services provided within a highly
439
structured setting or locked residential setting, and that is
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intended for inmates who are experiencing acute emotional
441
distress and who cannot be adequately evaluated and treated in a
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transitional care unit or infirmary isolation management room.
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Such treatment is also more intense than treatment provided in a
444
transitional care unit and is devoted principally toward rapid
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stabilization of acute symptoms and conditions.
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(3)(2) "Department" means the Department of Corrections.
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(4)(3) "Director" means the Director for Mental Health
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
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appropriately cared for in the institution where he or she the
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inmate is confined and that, but for being isolated in a more
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restrictive and secure housing environment, because of the
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apparent mental illness:
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(a)1. The inmate is demonstrating a refusal to care for
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.
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2. There is an immediate, real, and present threat that the
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inmate will inflict serious bodily harm on himself or herself or
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
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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.
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(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
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isolated in a more restrictive and secure housing environment,
478
because of the which mental illness:
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(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
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inmate's well-being; or to the safety of others.
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2. There is a substantial likelihood that in the near
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;
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(b)1. The inmate has refused voluntary placement for
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treatment at a mental health treatment facility after sufficient
490
and conscientious explanation and disclosure of the purpose of
491
placement; or
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2. The inmate is unable to determine for himself or herself
493
whether placement is necessary; and
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(c) All available less restrictive treatment alternatives
495
that would offer an opportunity for improvement of the inmate's
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condition have been clinically determined to be inappropriate.
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(7)(6) "Inmate" means any person committed to the custody
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of the Department of Corrections.
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(8)(7) "Mental health treatment facility" means the
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Corrections Mental Health Institution and any extended treatment
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or hospitalization-level unit within the corrections system which
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other institution that the Assistant Secretary for Health
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Services of the department specifically designates by rule to
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provide acute psychiatric care and which may include involuntary
505
treatment and therapeutic intervention at the hospital level, in
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contrast to less intensive levels of care such as outpatient
507
mental health care, transitional mental health care, or crisis
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stabilization care.
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(9)(8) "Mentally ill" means an impairment of the mental or
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emotional processes, of the ability to exercise conscious control
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of one's actions, or of the ability to perceive or understand
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reality or to understand, which impairment substantially
513
interferes with a person's ability to meet the ordinary demands
514
of living, regardless of etiology, except that, for the purposes
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of transfer of an inmate to a mental health treatment facility,
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the term does not include retardation or developmental disability
517
as defined in chapter 393, simple intoxication, or conditions
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manifested only by antisocial behavior or substance abuse drug
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addiction. However, an individual who is mentally retarded or
520
developmentally disabled may also have a mental illness.
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(10)(9) "Psychiatrist" means a medical practitioner
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licensed pursuant to chapter 458 or chapter 459 who has primarily
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.
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
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
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.
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
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
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.
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.