ENROLLED
       2009 Legislature                   CS for SB 1722, 1st Engrossed
       
       
       
       
       
       
                                                             20091722er
       
    1  
    2         An act relating to the Department of Corrections;
    3         amending s. 775.082, F.S.; requiring that the court
    4         sentence certain offenders to a nonstate prison
    5         sanction unless the court makes written findings that
    6         ordering an offender to a nonstate prison sanction
    7         could present a danger to the public; creating s.
    8         921.00241, F.S.; providing that on or after a
    9         specified date a court may divert from the state
   10         correctional system certain offenders who otherwise
   11         would be sentenced to state prison; providing
   12         eligibility criteria for participation in the state
   13         prison diversion program if such a program is funded
   14         and exists in the circuit; requiring the court to make
   15         written findings that the offender meets the
   16         eligibility criteria for the diversion program;
   17         authorizing the court to order the offender to pay the
   18         costs of the prison diversion program if the offender
   19         is able to do so; amending s. 944.10, F.S.; exempting
   20         certain lease agreements by the department from the
   21         requirements for advertisement and competitive bids;
   22         providing for the future reversion as of a specified
   23         date of the statutory text relating to such lease
   24         agreements; creating s. 944.171, F.S.; authorizing the
   25         Department of Corrections to contract with county and
   26         municipal entities to house inmates committed to the
   27         department; authorizing the department to enter into
   28         contractual agreements with another state, a political
   29         subdivision of another state, or a vendor in another
   30         state to transfer and confine Florida inmates within
   31         that state; requiring the reclassification of inmates
   32         before a transfer occurs; providing for the contents
   33         of the contract; providing that a transferred inmate
   34         remains subject to the rules of the Florida Parole
   35         Commission; requiring that contracts for the transfer
   36         of inmates be procured according to state law;
   37         requiring that additional beds authorized under a
   38         contract be added to the total capacity of the state
   39         correctional system; authorizing the department to
   40         adopt rules; amending s. 945.6037, F.S.; increasing
   41         the copayment that an inmate must make for a
   42         nonemergency visit to a health care provider; creating
   43         s. 945.604, F.S.; defining the term “claim” for
   44         purposes of the State of Florida Correctional Medical
   45         Authority Act; providing for filing and payment of
   46         medical claims for payment or underpayment; providing
   47         for filing and payment of claims for overpayment;
   48         providing for recovery of overpayment of claims;
   49         creating s. 945.6041, F.S.; defining terms; limiting
   50         the compensation of health care providers that do not
   51         have contracts to provide inmate medical services with
   52         the department or private correctional facilities;
   53         limiting compensation to entities that provide
   54         emergency medical transportation services for inmates
   55         if those entities do not have a contract with the
   56         department or certain private correctional facilities;
   57         amending s. 947.1405, F.S.; requiring any person who
   58         has been placed under supervision and is
   59         electronically monitored by the department to pay the
   60         department for the cost of the electronic monitoring
   61         service; requiring that funds collected from the
   62         person be deposited into the General Revenue Fund;
   63         authorizing the Department of Corrections to exempt a
   64         person from the payment of all or any part of the
   65         electronic monitoring service cost under certain
   66         circumstances; amending s. 948.01, F.S.; requiring
   67         that the department disseminate and that the courts
   68         use uniform order of supervision forms when placing a
   69         defendant on community supervision; amending s.
   70         948.09, F.S.; requiring a person to pay the department
   71         the cost of electronically monitoring the offender
   72         while the offender is placed on supervision; providing
   73         for a cost cap on the monitoring service; providing
   74         that the department may exempt a person from paying
   75         all or any part of the costs of the electronic
   76         monitoring service under certain circumstances;
   77         amending s. 948.11, F.S.; requiring a person who is
   78         electronically monitored on supervision to pay the
   79         department for the electronic monitoring services;
   80         amending s. 957.09, F.S.; providing that the
   81         provisions governing private correctional facilities
   82         do not apply to contracts between the department and
   83         county and municipal entities, other states, political
   84         subdivisions of another state, or correctional
   85         management service vendors in another state for the
   86         transfer and confinement of state inmates; amending s.
   87         958.045, F.S.; requiring the Department of Corrections
   88         to submit a report to the court at least 30 days
   89         before a youthful offender is scheduled to complete
   90         the basic training program; requiring the court to
   91         modify the youthful offender’s sentence and place the
   92         offender on probation if the youthful offender has
   93         successfully completed the basic training program;
   94         amending s. 960.292, F.S.; providing for retention of
   95         court jurisdiction over certain offenders for a
   96         specified period after release from incarceration or
   97         supervision for the sole purpose of entering civil
   98         restitution orders; amending s. 960.293, F.S.;
   99         providing that damages due from an offender for
  100         correctional costs be based upon the length of the
  101         sentence imposed by the court at the time of
  102         sentencing; amending s. 960.297, F.S.; providing a
  103         time period in which civil actions for the costs of
  104         incarceration may be initiated; providing an effective
  105         date.
  106  
  107  Be It Enacted by the Legislature of the State of Florida:
  108  
  109         Section 1. Present subsection (10) of section 775.082,
  110  Florida Statutes, is renumbered as subsection (11), and a new
  111  subsection (10) is added to that section, to read:
  112         775.082 Penalties; applicability of sentencing structures;
  113  mandatory minimum sentences for certain reoffenders previously
  114  released from prison.—
  115         (10) If a defendant is sentenced for an offense committed
  116  on or after July 1, 2009, which is a third-degree felony but not
  117  a forcible felony as defined in s. 776.08, and excluding any
  118  third-degree felony violation under chapter 810, and if the
  119  total sentence points pursuant to s. 921.0024 are 22 points or
  120  fewer, the court must sentence the offender to a nonstate prison
  121  sanction. However, if the court makes written findings that a
  122  nonstate prison sanction could present a danger to the public,
  123  the court may sentence the offender to a state correctional
  124  facility pursuant to this section.
  125         Section 2. Section 921.00241, Florida Statutes, is created
  126  to read:
  127         921.00241 Prison diversion program.—
  128         (1) Notwithstanding s. 921.0024 and effective for offenses
  129  committed on or after July 1, 2009, a court may divert from the
  130  state correctional system an offender who would otherwise be
  131  sentenced to a state facility by sentencing the offender to a
  132  nonstate prison sanction as provided in subsection (2). An
  133  offender may be sentenced to a nonstate prison sanction if the
  134  offender meets all of the following criteria:
  135         (a) The offender’s primary offense is a felony of the third
  136  degree.
  137         (b) The offender’s total sentence points score, as provided
  138  in s. 921.0024, is not more than 48 points, or the offender’s
  139  total sentence points score is 54 points and six of those points
  140  are for a violation of probation, community control, or other
  141  community supervision, and do not involve a new violation of
  142  law.
  143         (c) The offender has not been convicted or previously
  144  convicted of a forcible felony as defined in s. 776.08, but
  145  excluding any third-degree felony violation under chapter 810.
  146         (d) The offender’s primary offense does not require a
  147  minimum mandatory sentence.
  148         (2) If the court elects to impose a sentence as provided in
  149  this section, the court shall sentence the offender to a term of
  150  probation, community control, or community supervision with
  151  mandatory participation in a prison diversion program of the
  152  Department of Corrections if such program is funded and exists
  153  in the judicial circuit in which the offender is sentenced. The
  154  prison diversion program shall be designed to meet the unique
  155  needs of each judicial circuit and of the offender population of
  156  that circuit. The program may require residential,
  157  nonresidential, or day reporting requirements, substance abuse
  158  treatment, employment, restitution, academic or vocational
  159  opportunities, or community service work.
  160         (3) The court that sentences a defendant to a nonstate
  161  prison sanction pursuant to subsection (2) shall make written
  162  findings that the defendant meets the criteria in subsection (1)
  163  and the sentencing order must indicate that the offender was
  164  sentenced to the prison diversion program pursuant to subsection
  165  (2). The court may order the offender to pay all or a portion of
  166  the costs related to the prison diversion program if the court
  167  determines that the offender has the ability to pay.
  168         Section 3. Paragraph (a) of subsection (3) of section
  169  944.10, Florida Statutes, is amended to read:
  170         944.10 Department of Corrections to provide buildings; sale
  171  and purchase of land; contracts to provide services and inmate
  172  labor.—
  173         (3)(a) The department may enter into lease-purchase
  174  agreements to provide correctional facilities for the housing of
  175  state inmates. However, no such lease-purchase agreement shall
  176  be entered into without specific legislative authorization of
  177  that agreement, and funds must be specifically appropriated for
  178  each lease-purchase agreement. The facilities provided through
  179  such agreements shall meet the program plans and specifications
  180  of the department. The department may enter into such lease
  181  agreements with private corporations and other governmental
  182  entities. However, notwithstanding the provisions of s.
  183  255.25(3)(a), the department may not enter into no such lease
  184  agreement may be entered into except upon advertisement for and
  185  receipt of competitive bids and award to the lowest and best
  186  bidder, unless the lease-purchase agreement is entered into with
  187  the Department of Management Services, the Florida Correctional
  188  Finance Corporation, or the successors or assignees of either.
  189         Section 4. The amendments to s. 944.10(3)(a), Florida
  190  Statutes, made by this act shall expire July 1, 2010, and the
  191  text of that paragraph shall revert to that in existence on June
  192  30, 2009, except that any amendments to such text enacted other
  193  than by this act shall be preserved and continue to operate to
  194  the extent that such amendments are not dependent upon the
  195  portions of such text which expire pursuant to this section.
  196         Section 5. Section 944.171, Florida Statutes, is created to
  197  read:
  198         944.171 Housing of inmates.—
  199         (1) Notwithstanding s. 944.17, the department may contract
  200  with county or municipal facilities for the purpose of housing
  201  inmates committed to the department.
  202         (a) Notwithstanding ss. 944.17 and 944.1905, before
  203  transferring a state inmate to another facility as authorized
  204  under this section, the inmate must be reclassified and scored
  205  as to custody risk based on the current offense and not on prior
  206  criminal history. Upon return to a state correctional
  207  institution, the inmate must be reclassified based on ss. 944.17
  208  and 944.1905.
  209         (b) Any inmate placed in another facility under this
  210  section remains under the jurisdiction of the department.
  211         (2) Notwithstanding s. 944.17, the department may enter
  212  into contracts with another state, a political subdivision of
  213  another state, or a correctional management services vendor in
  214  another state for the transfer and confinement in that state of
  215  inmates who have been committed to the custody of the
  216  department.
  217         (a) Any such contract must include:
  218         1. A termination date.
  219         2. Provisions concerning the costs of inmate maintenance,
  220  extraordinary medical and dental expenses, and any participation
  221  in or receipt by inmates of rehabilitative or correctional
  222  services, facilities, programs, or treatment, including those
  223  costs not reasonably included as part of normal maintenance.
  224         3. Provisions concerning participation in programs of
  225  inmate employment, if any, the disposition or crediting of any
  226  payments received by inmates on account of employment, and the
  227  crediting of proceeds or disposal of any products resulting from
  228  employment.
  229         4. Provisions for the delivery and retaking of inmates.
  230         5. A provision for a waiver of extradition by the parties
  231  to the contract.
  232         6. Retention of jurisdiction of the inmates transferred by
  233  Florida.
  234         7. Regular reporting procedures concerning Florida inmates
  235  by officials of the state, political subdivision, or
  236  correctional management services vendor with which the
  237  department is contracting.
  238         8. Provisions concerning procedures for community
  239  supervision, including probation, parole, conditional release,
  240  and discharge.
  241         9. The same standards of reasonable and humane care as the
  242  inmates would receive in an appropriate institution in this
  243  state.
  244         10. Any other matters that are necessary and appropriate to
  245  establish the obligations, responsibilities, and rights of
  246  Florida and the state, political subdivision, or correctional
  247  management services vendor with which the department is
  248  contracting.
  249         (b) Inmates from Florida state prisons while in an
  250  institution in another state are subject to all the laws and
  251  rules concerning the confinement of persons committed for
  252  violations of the laws of that state, except that the sentence
  253  must be executed consistent with the sentencing and gain-time
  254  laws of this state and except as otherwise provided for by any
  255  contract entered into under this section.
  256         (c) The Florida Parole Commission shall conduct any parole
  257  hearing for an inmate confined under a contract pursuant to this
  258  section according to the rules of the commission.
  259         (d) Contracts under this section shall be procured in
  260  accordance with s. 287.057.
  261         (3) Any beds contracted under this section shall be added
  262  to the total capacity of the correctional system as defined in
  263  s. 944.023, notwithstanding any law to the contrary.
  264         (4) In making placements authorized by this section, the
  265  department shall consider, to the extent possible, the proximity
  266  of the receiving facility to the inmate’s family, consistent
  267  with s. 944.8031.
  268         (5) The Department of Corrections may adopt rules to
  269  administer this section.
  270         Section 6. Paragraph (a) of subsection (1) of section
  271  945.6037, Florida Statutes, is amended to read:
  272         945.6037 Nonemergency health care; inmate copayments.—
  273         (1)(a) Effective October 1, 1997, For each nonemergency
  274  visit by an inmate to a health care provider which visit is
  275  initiated by the inmate, the inmate must make a copayment of $5
  276  $4. A copayment may not be charged for the required initial
  277  medical history and physical examination of the inmate.
  278         Section 7. Section 945.604, Florida Statutes, is created to
  279  read:
  280         945.604 Medical claims.—
  281         (1) DEFINITION OF “CLAIM.”—As used in this section, for a
  282  noninstitutional health care provider the term “claim” means a
  283  paper or electronic billing instrument submitted to the
  284  department which consists of the HCFA 1500 data set, or its
  285  successor, and has all mandatory entries for a physician
  286  licensed under chapter 458, chapter 459, chapter 460, chapter
  287  461, or chapter 463 or a psychologist licensed under chapter
  288  490, or any appropriate billing instrument that has all
  289  mandatory entries for any other noninstitutional health care
  290  provider. For an institutional health care provider, the term
  291  “claim” means a paper or electronic billing instrument submitted
  292  to the department which consists of the UB-92 data set, or its
  293  successor, with entries stated as mandatory by the National
  294  Uniform Billing Committee.
  295         (2) SUBMISSION DATE.—Claims for payment or underpayment are
  296  considered submitted on the date the claim for payment is mailed
  297  or electronically transferred to the department by the health
  298  care provider. Claims for overpayment are considered submitted
  299  on the date the claim for overpayment is mailed or
  300  electronically transferred to the health care provider by the
  301  department.
  302         (3) CLAIMS FOR PAYMENT OR UNDERPAYMENT.—
  303         (a) Claims for payment or underpayment must be submitted to
  304  the department within 6 months after the following have
  305  occurred:
  306         1. The discharge of the inmate for inpatient services
  307  rendered to the inmate or the date of service for outpatient
  308  services rendered to the inmate; and
  309         2. The health care provider has been furnished with the
  310  correct name and address of the department.
  311         (b) Claims for payment or underpayment must not duplicate a
  312  claim previously submitted unless it is determined the original
  313  claim was not received or is otherwise lost.
  314         (c) The department is not obligated to pay claims for
  315  payment or underpayment which were not submitted in accordance
  316  with paragraph (a).
  317         (4) CLAIMS FOR OVERPAYMENT.—
  318         (a) If the department determines that it has made an
  319  overpayment to a health care provider for services rendered to
  320  an inmate, it must make a claim for such overpayment to the
  321  provider’s designated location. The department shall provide a
  322  written or electronic statement specifying the basis for
  323  overpayment. The department must identify the claim or claims,
  324  or overpayment claim portion thereof, for which a claim for
  325  overpayment is submitted.
  326         (b) The department must submit a claim for overpayment to a
  327  health care provider within 30 months after the department’s
  328  payment of the claim, except that claims for overpayment may be
  329  submitted beyond that time from providers convicted of fraud
  330  pursuant to s. 817.234.
  331         (c) Health care providers are not obligated to pay claims
  332  for overpayment which were not submitted in accordance with
  333  paragraph (b).
  334         (d) A health care provider must pay, deny, or contest the
  335  department’s claim for overpayment within 40 days after the
  336  receipt of the claim for overpayment.
  337         (e) A health care provider that denies or contests the
  338  department’s claim for overpayment or any portion of a claim
  339  shall notify the department, in writing, within 40 days after
  340  the provider receives the claim. The notice that the claim for
  341  overpayment is denied or contested must identify the contested
  342  portion of the claim and the specific reason for contesting or
  343  denying the claim and, if contested, must include a request for
  344  additional information.
  345         (f) All contested claims for overpayment must be paid or
  346  denied within 120 days after receipt of the claim. Failure to
  347  pay or deny the claim for overpayment within 140 days after
  348  receipt creates an uncontestable obligation to pay the claim.
  349         (g) The department may not reduce payment to the health
  350  care provider for other services unless the provider agrees to
  351  the reduction or fails to respond to the department’s claim for
  352  overpayment as required by this subsection.
  353         (5) NONWAIVER OF PROVISIONS.—The provisions of this section
  354  may not be waived, voided, or nullified by contract.
  355         Section 8. Section 945.6041, Florida Statutes, is created
  356  to read:
  357         945.6041 Inmate medical services.—
  358         (1) As used in this section, the term:
  359         (a) “Emergency medical transportation services” includes,
  360  but is not limited to, services rendered by ambulances,
  361  emergency medical services vehicles, and air ambulances as those
  362  terms are defined in s. 401.23.
  363         (b) “Health care provider” has the same meaning as provided
  364  in s. 766.105.
  365         (2) Compensation to a health care provider to provide
  366  inmate medical services may not exceed 110 percent of the
  367  Medicare allowable rate if the health care provider does not
  368  have a contract to provide services with the department or the
  369  private correctional facility, as defined in s. 944.710, which
  370  houses the inmate. However, compensation to a health care
  371  provider may not exceed 125 percent of the Medicare allowable
  372  rate if:
  373         (a) The health care provider does not have a contract to
  374  provide services with the department or the private correctional
  375  facility, as defined in s. 944.710, which houses the inmate; and
  376         (b) The health care provider reported a negative operating
  377  margin for the previous year to the Agency for Health Care
  378  Administration through hospital-audited financial data.
  379         (3) Compensation to an entity to provide emergency medical
  380  transportation services for inmates may not exceed 110 percent
  381  of the Medicare allowable rate if the entity does not have a
  382  contract with the department or a private correctional facility,
  383  as defined in s. 944.710, to provide the services.
  384         (4) This section does not apply to charges for medical
  385  services provided at a hospital operated by the department.
  386         Section 9. Paragraph (b) of subsection (7) of section
  387  947.1405, Florida Statutes, is amended to read:
  388         947.1405 Conditional release program.—
  389         (7)
  390         (b) For a releasee whose crime was committed on or after
  391  October 1, 1997, in violation of chapter 794, s. 800.04, s.
  392  827.071, s. 847.0135(5), or s. 847.0145, and who is subject to
  393  conditional release supervision, in addition to any other
  394  provision of this subsection, the commission shall impose the
  395  following additional conditions of conditional release
  396  supervision:
  397         1. As part of a treatment program, participation in a
  398  minimum of one annual polygraph examination to obtain
  399  information necessary for risk management and treatment and to
  400  reduce the sex offender’s denial mechanisms. The polygraph
  401  examination must be conducted by a polygrapher trained
  402  specifically in the use of the polygraph for the monitoring of
  403  sex offenders, where available, and at the expense of the sex
  404  offender. The results of the polygraph examination may shall not
  405  be used as evidence in a hearing to prove that a violation of
  406  supervision has occurred.
  407         2. Maintenance of a driving log and a prohibition against
  408  driving a motor vehicle alone without the prior approval of the
  409  supervising officer.
  410         3. A prohibition against obtaining or using a post office
  411  box without the prior approval of the supervising officer.
  412         4. If there was sexual contact, a submission to, at the
  413  probationer’s or community controllee’s expense, an HIV test
  414  with the results to be released to the victim or the victim’s
  415  parent or guardian.
  416         5. Electronic monitoring of any form when ordered by the
  417  commission. Any person who has been placed under supervision and
  418  is electronically monitored by the department must pay the
  419  department for the cost of the electronic monitoring service at
  420  a rate that may not exceed the full cost of the monitoring
  421  service. Funds collected under this subparagraph shall be
  422  deposited into the General Revenue Fund. The department may
  423  exempt a person from the payment of all or any part of the
  424  electronic monitoring service cost if the department finds that
  425  any of the factors listed in s. 948.09(3) exist.
  426         Section 10. Subsection (1) of section 948.01, Florida
  427  Statutes, is amended to read:
  428         948.01 When court may place defendant on probation or into
  429  community control.—
  430         (1) Any state court of the state having original
  431  jurisdiction of criminal actions may at a time to be determined
  432  by the court, either with or without an adjudication of the
  433  guilt of the defendant, hear and determine the question of the
  434  probation of a defendant in a criminal case, except for an
  435  offense punishable by death, who has been found guilty by the
  436  verdict of a jury, has entered a plea of guilty or a plea of
  437  nolo contendere, or has been found guilty by the court trying
  438  the case without a jury.
  439         (a) If the court places the defendant on probation or into
  440  community control for a felony, the department shall provide
  441  immediate supervision by an officer employed in compliance with
  442  the minimum qualifications for officers as provided in s.
  443  943.13. In no circumstances shall A private entity may not
  444  provide probationary or supervision services to felony or
  445  misdemeanor offenders sentenced or placed on probation or other
  446  supervision by the circuit court.
  447         (b) The department, in consultation with the Office of the
  448  State Courts Administrator, shall develop and disseminate to the
  449  courts uniform order of supervision forms by July 1 of each year
  450  or as necessary. The courts shall use the uniform order of
  451  supervision forms provided by the department for all persons
  452  placed on community supervision.
  453         Section 11. Subsection (2) of section 948.09, Florida
  454  Statutes, is amended to read:
  455         948.09 Payment for cost of supervision and rehabilitation.—
  456         (2) Any person being electronically monitored by the
  457  department as a result of being placed placement on supervision
  458  community control shall be required to pay the department for
  459  electronic monitoring services at a rate as a surcharge an
  460  amount that may not exceed the full cost of the monitoring
  461  service in addition to the cost of supervision fee as directed
  462  by the sentencing court. The funds collected under this
  463  subsection surcharge shall be deposited in the General Revenue
  464  Fund. The department may exempt a person from paying all or any
  465  part of the costs of the electronic monitoring service if it
  466  finds that any of the factors listed in subsection (3) exist.
  467         Section 12. Subsections (5) and (6) of section 948.11,
  468  Florida Statutes, are amended to read:
  469         948.11 Electronic monitoring devices.—
  470         (5) Any person being electronically monitored by the
  471  department as a result of being placed placement on supervision
  472  community control shall be required to pay the department for
  473  the electronic monitoring services a surcharge as provided in s.
  474  948.09(2).
  475         (6) For probationers, community controllees, or conditional
  476  releasees who have current or prior convictions for violent or
  477  sexual offenses, the department, in carrying out a court or
  478  commission order to electronically monitor an offender, must use
  479  a system that actively monitors and identifies the offender’s
  480  location and timely reports or records the offender’s presence
  481  near or within a crime scene or in a prohibited area or the
  482  offender’s departure from specified geographic limitations.
  483  Procurement of electronic monitoring services under this
  484  subsection shall be by competitive procurement in accordance
  485  with invitation to bid as defined in s. 287.057.
  486         Section 13. Section 957.09, Florida Statutes, is amended to
  487  read:
  488         957.09 Applicability of chapter to other provisions of
  489  law.—
  490         (1)(a) Any offense that if committed at a state
  491  correctional facility would be a crime is shall be a crime if
  492  committed by or with regard to inmates at private correctional
  493  facilities operated pursuant to a contract entered into under
  494  this chapter.
  495         (b) All laws relating to commutation of sentences, release
  496  and parole eligibility, and the award of sentence credits shall
  497  apply to inmates incarcerated in a private correctional facility
  498  operated pursuant to a contract entered into under this chapter.
  499         (2) The provisions of this chapter are supplemental to the
  500  provisions of ss. 944.105 and 944.710-944.719. However, in any
  501  conflict between a provision of this chapter and a provision of
  502  such other sections, the provision of this chapter shall
  503  prevail.
  504         (3) The provisions of law governing the participation of
  505  minority business enterprises are applicable to this chapter.
  506         (4) The provisions of this chapter do not apply to
  507  contracts between the department and county and municipal
  508  entities, other states, political subdivisions of another state,
  509  or correctional management service vendors in another state for
  510  the transfer and confinement of state inmates.
  511         Section 14. Paragraph (c) of subsection (5) of section
  512  958.045, Florida Statutes, is amended to read:
  513         958.045 Youthful offender basic training program.—
  514         (5)
  515         (c) The portion of the sentence served before prior to
  516  placement in the basic training program may not be counted
  517  toward program completion. The department shall submit a report
  518  to the court at least 30 days before the youthful offender is
  519  scheduled to complete the basic training program. The report
  520  must describe the offender’s performance in the basic training
  521  program. If the youthful offender’s performance is satisfactory,
  522  the court shall issue an order modifying the sentence imposed
  523  and place the offender on probation subject to the offender
  524  successfully completing the remainder of the basic training
  525  program. Upon the offender’s completion of the basic training
  526  program, the department shall submit a report to the court that
  527  describes the offender’s performance. If the offender’s
  528  performance has been satisfactory, the court shall issue an
  529  order modifying the sentence imposed and placing the offender on
  530  probation. The term of probation may include placement in a
  531  community residential program. If the offender violates the
  532  conditions of probation, the court may revoke probation and
  533  impose any sentence that it might have originally imposed.
  534         Section 15. Subsection (2) of section 960.292, Florida
  535  Statutes, is amended to read:
  536         960.292 Enforcement of the civil restitution lien through
  537  civil restitution lien order.—The civil restitution lien shall
  538  be made enforceable by means of a civil restitution lien order.
  539         (2) Upon motion by the state, upon petition of the local
  540  subdivision, crime victim, or aggrieved party, or on its own
  541  motion, the court in which the convicted offender is convicted
  542  shall enter civil restitution lien orders in favor of crime
  543  victims, the state, its local subdivisions, and other aggrieved
  544  parties. The court shall retain continuing jurisdiction over the
  545  convicted offender for the sole purpose of entering civil
  546  restitution lien orders for the duration of the sentence and up
  547  to 5 years from release from incarceration or supervision,
  548  whichever occurs later.
  549         Section 16. Paragraph (b) of subsection (2) of section
  550  960.293, Florida Statutes, is amended to read:
  551         960.293 Determination of damages and losses.—
  552         (2) Upon conviction, a convicted offender is liable to the
  553  state and its local subdivisions for damages and losses for
  554  incarceration costs and other correctional costs.
  555         (b) If the conviction is for an offense other than a
  556  capital or life felony, a liquidated damage amount of $50 per
  557  day of the convicted offender’s sentence shall be assessed
  558  against the convicted offender and in favor of the state or its
  559  local subdivisions. Damages shall be based upon the length of
  560  the sentence imposed by the court at the time of sentencing.
  561         Section 17. Section 960.297, Florida Statutes, is amended
  562  to read:
  563         960.297 Authorization for governmental right of restitution
  564  for costs of incarceration.—
  565         (1) The state and its local subdivisions, in a separate
  566  civil action or as counterclaim in any civil action, may seek
  567  recovery of the damages and losses set forth in s. 960.293.
  568         (2) For those convicted offenders convicted before July 1,
  569  1994, the state and its local subdivisions, in a separate civil
  570  action or as a counterclaim in any civil action, may seek
  571  recovery of the damages and losses set forth in s. 960.293, for
  572  the convicted offender’s remaining sentence after July 1, 1994.
  573         (3) Civil actions authorized by this section may be
  574  commenced at any time during the offender’s incarceration and up
  575  to 5 years after the date of the offender’s release from
  576  incarceration or supervision, whichever occurs later.
  577         Section 18. This act shall take effect July 1, 2009.