Florida Senate - 2009              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 1728
       
       
       
       
       
                                Barcode 105472                          
       
       604-03091A-09                                                   
       Proposed Committee Substitute by the Committee on Criminal and
       Civil Justice Appropriations
    1                        A bill to be entitled                      
    2         An act relating to the Parole Commission; amending ss.
    3         11.905, 20.315, 20.32, 23.21, 112.011, 186.005,
    4         255.502, 311.12, 322.16, 394.926, 394.927, 775.089,
    5         775.16, 784.07, 784.078, 843.01, 843.02, 843.08,
    6         893.11, 921.001, 921.16, 921.20, 921.21, 921.22,
    7         940.03, 940.05, 941.23, 943.0311, 943.06, 943.325,
    8         944.012, 944.02, 944.4731, 945.091,945.10, 945.47,
    9         945.73, 947.005, 947.01, 947.02, 947.021, 947.045,
   10         947.141, 947.146, 947.181, 947.185, 947.22, 948.10,
   11         949.05, 951.29, 957.06, 958.045, 960.001, 960.17,
   12         985.04, and 985.045, changing the name of the Parole
   13         Commission to the Commission for Offender Assessment
   14         and Transition; providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Paragraph (f) of subsection (7) of section
   19  11.905, Florida Statutes, is amended to read:
   20         11.905 Schedule for reviewing state agencies and advisory
   21  committees.—The following state agencies, including their
   22  advisory committees, or the following advisory committees of
   23  agencies shall be reviewed according to the following schedule:
   24         (7) Reviewed by July 1, 2020:
   25         (f) Commission for Offender Assessment and Transition
   26  Parole Commission.
   27  
   28         Upon completion of this cycle, each agency shall again be
   29  subject to sunset review 10 years after its initial review.
   30         Section 2. Subsections (9) and (10) of section 20.315,
   31  Florida Statutes, are amended to read:
   32         20.315 Department of Corrections.—There is created a
   33  Department of Corrections.
   34         (9) FORM OF COMMITMENT; NOTICE OF PAROLE VIOLATION.—All
   35  commitments shall state the statutory authority therefor. The
   36  Secretary of Corrections shall have the authority to prescribe
   37  the form to be used for commitments. Nothing in this act shall
   38  be construed to abridge the authority and responsibility of the
   39  Commission for Offender Assessment and Transition Parole
   40  Commission with respect to the granting and revocation of
   41  parole. The Department of Corrections shall notify the
   42  Commission for Offender Assessment and Transition Parole
   43  Commission of all violations of parole conditions and provide
   44  reports connected thereto as may be requested by the commission.
   45  The commission shall have the authority to issue orders dealing
   46  with supervision of specific parolees, and such orders shall be
   47  binding on all parties.
   48         (10) SINGLE INFORMATION AND RECORDS SYSTEM.—There shall be
   49  only one offender-based information and records computer system
   50  maintained by the Department of Corrections for the joint use of
   51  the department and the Commission for Offender Assessment and
   52  Transition Parole Commission. This data system shall be is
   53  managed through the department’s Justice Data Center, which is
   54  hereby transferred to the department under this act pursuant to
   55  a type two transfer authorized under s. 20.06(2). The department
   56  shall develop and maintain, in consultation with the Criminal
   57  and Juvenile Justice Information Systems Council under s.
   58  943.08, such offender-based information, including clemency
   59  administration information and other computer services system
   60  designed to serve the needs of both the department and the
   61  Commission for Offender Assessment and Transition Parole
   62  Commission. The department shall notify the commission of all
   63  violations of parole and the circumstances thereof.
   64         Section 3. Section 20.32, Florida Statutes, is amended to
   65  read:
   66         20.32 Commission for Offender Assessment and Transition
   67  Parole Commission.—
   68         (1) The Parole and Probation Commission, authorized by s.
   69  8(c), Art. IV, State Constitution of 1968, is continued and
   70  renamed the Commission for Offender Assessment and Transition
   71  Parole Commission. The commission retains its powers, duties,
   72  and functions with respect to the granting and revoking of
   73  parole and shall exercise powers, duties, and functions relating
   74  to investigations of applications for clemency as directed by
   75  the Governor and the Cabinet.
   76         (2) All powers, duties, and functions relating to the
   77  appointment of the Commission for Offender Assessment and
   78  Transition Parole Commission as provided in s. 947.02 or s.
   79  947.021 shall be exercised and performed by the Governor and the
   80  Cabinet. Except as provided in s. 947.021, each appointment
   81  shall be made from among the first three eligible persons on the
   82  list of the persons eligible for said position.
   83         (3) The commission may require any employee of the
   84  commission to give a bond for the faithful performance of his or
   85  her duties. The commission may determine the amount of the bond
   86  and must approve the bond. In determining the amount of the
   87  bond, the commission may consider the amount of money or
   88  property likely to be in custody of the officer or employee at
   89  any one time. The premiums for the bonds must be paid out of the
   90  funds of the commission.
   91         Section 4. Subsection (1) of section 23.21, Florida
   92  Statutes, is amended to read:
   93         23.21 Definitions.—For purposes of this part:
   94         (1) “Department” means a principal administrative unit
   95  within the executive branch of state government, as defined in
   96  chapter 20, and includes the State Board of Administration, the
   97  Executive Office of the Governor, the Fish and Wildlife
   98  Conservation Commission, the Commission for Offender Assessment
   99  and Transition Parole Commission, the Agency for Health Care
  100  Administration, the State Board of Education, the Board of
  101  Governors of the State University System, the Justice
  102  Administrative Commission, the capital collateral regional
  103  counsel, and separate budget entities placed for administrative
  104  purposes within a department.
  105         Section 5. Paragraph (b) of subsection (2) of section
  106  112.011, Florida Statutes, is amended to read:
  107         112.011 Felons; removal of disqualifications for
  108  employment, exceptions.—
  109         (2)
  110         (b) This section shall not be applicable to the employment
  111  practices of any fire department relating to the hiring of
  112  firefighters. An applicant for employment with any fire
  113  department with a prior felony conviction shall be excluded from
  114  employment for a period of 4 years after expiration of sentence
  115  or final release by the Commission for Offender Assessment and
  116  Transition Parole Commission unless the applicant, prior to the
  117  expiration of the 4-year period, has received a full pardon or
  118  has had his or her civil rights restored.
  119         Section 6. Subsection (1) of section 186.005, Florida
  120  Statutes, is amended to read:
  121         186.005 Designation of departmental planning officer.—
  122         (1) The head of each executive department and the Public
  123  Service Commission, the Fish and Wildlife Conservation
  124  Commission, the Commission for Offender Assessment and
  125  Transition Parole Commission, and the Department of Military
  126  Affairs shall select from within such agency a person to be
  127  designated as the planning officer for such agency. The planning
  128  officer shall be responsible for coordinating with the Executive
  129  Office of the Governor and with the planning officers of other
  130  agencies all activities and responsibilities of such agency
  131  relating to planning.
  132         Section 7. Subsection (3) of section 255.502, Florida
  133  Statutes, is amended to read:
  134         255.502 Definitions; ss. 255.501-255.525.—As used in this
  135  act, the following words and terms shall have the following
  136  meanings unless the context otherwise requires:
  137         (3) “Agency” means any department created by chapter 20,
  138  the Executive Office of the Governor, the Fish and Wildlife
  139  Conservation Commission, the Commission for Offender Assessment
  140  and Transition Parole Commission, the State Board of
  141  Administration, the Department of Military Affairs, or the
  142  Legislative Branch or the Judicial Branch of state government.
  143         Section 8. Paragraph (e) of subsection (3) of section
  144  311.12, Florida Statutes, is amended to read:
  145         311.12 Seaport security standards; inspections; compliance;
  146  appeals.—
  147         (3)
  148         (e) The Department of Law Enforcement shall establish a
  149  waiver process to allow unescorted access to an individual who
  150  is found to be unqualified under paragraph (c) and denied
  151  employment by a seaport. The waiver consideration shall be based
  152  on the circumstances of any disqualifying act or offense,
  153  restitution made by the individual, and other factors from which
  154  it may be determined that the individual does not pose a risk of
  155  engaging in theft, drug trafficking, or terrorism within the
  156  public seaports regulated under this chapter or of harming any
  157  person. The waiver process shall begin when an individual who
  158  has been denied initial employment within or regular unescorted
  159  access to restricted areas of a public seaport as described in
  160  paragraph (c) submits an application for a waiver and notarized
  161  letter or affidavit from the individual’s employer or union
  162  representative which states the mitigating reasons for
  163  initiating the waiver process. No later than 90 days after
  164  receipt of the application, the administrative staff of the
  165  Commission for Offender Assessment and Transition Parole
  166  Commission shall conduct a factual review of the waiver
  167  application. Findings of fact shall be transmitted to the
  168  Department of Law Enforcement for review. The department shall
  169  make a copy of those findings available to the applicant before
  170  final disposition of the waiver request. The department shall
  171  make a final disposition of the waiver request based on the
  172  factual findings of the investigation by the Commission for
  173  Offender Assessment and Transition Parole Commission. The
  174  department shall notify the waiver applicant and the port
  175  authority that originally denied employment to the applicant of
  176  the final disposition of the waiver. The review process under
  177  this paragraph is exempt from chapter 120.
  178         Section 9. Paragraph (c) of subsection (1) of section
  179  322.16, Florida Statutes, is amended to read:
  180         322.16 License restrictions.—
  181         (1)
  182         (c) The department may further, at any time, impose other
  183  restrictions on the use of the license with respect to time and
  184  purpose of use or may impose any other condition or restriction
  185  upon recommendation of any court, of the Commission for Offender
  186  Assessment and Transition Parole Commission, or of the
  187  Department of Corrections with respect to any individual who is
  188  under the jurisdiction, supervision, or control of the entity
  189  that made the recommendation.
  190         Section 10. Section 394.926, Florida Statutes, is amended
  191  to read:
  192         394.926 Notice to victims of release of persons committed
  193  as sexually violent predators; notice to Department of
  194  Corrections and Commission for Offender Assessment and
  195  Transition Parole Commission.—
  196         (1) As soon as is practicable, the department shall give
  197  written notice of the release of a person committed as a
  198  sexually violent predator to any victim of the committed person
  199  who is alive and whose address is known to the department or, if
  200  the victim is deceased, to the victim’s family, if the family’s
  201  address is known to the department. Failure to notify is not a
  202  reason for postponement of release. This section does not create
  203  a cause of action against the state or an employee of the state
  204  acting within the scope of the employee’s employment as a result
  205  of the failure to notify pursuant to this part.
  206         (2) If a sexually violent predator who has an active or
  207  pending term of probation, community control, parole,
  208  conditional release, or other court-ordered or postprison
  209  release supervision is released from custody, the department
  210  must immediately notify the Department of Corrections’ Office of
  211  Community Corrections in Tallahassee. The Commission for
  212  Offender Assessment and Transition Parole Commission must also
  213  be immediately notified of any releases of a sexually violent
  214  predator who has an active or pending term of parole,
  215  conditional release, or other postprison release supervision
  216  that is administered by the Commission for Offender Assessment
  217  and Transition Parole Commission.
  218         Section 11. Section 394.927, Florida Statutes, is amended
  219  to read:
  220         394.927 Escape while in lawful custody; notice to victim;
  221  notice to the Department of Corrections and Commission for
  222  Offender Assessment and Transition Parole Commission.—
  223         (1) A person who is held in lawful custody pursuant to a
  224  judicial finding of probable cause under s. 394.915 or pursuant
  225  to a commitment as a sexually violent predator under s. 394.916
  226  and who escapes or attempts to escape while in such custody
  227  commits a felony of the second degree, punishable as provided in
  228  s. 775.082, s. 775.083, or s. 775.084.
  229         (2) If a person who is held in custody pursuant to a
  230  finding of probable cause or commitment as a sexually violent
  231  predator escapes while in custody, the department shall
  232  immediately notify the victim in accordance with s. 394.926. The
  233  state attorney that filed the petition for civil commitment of
  234  the escapee must also be immediately notified by the department.
  235  If the escapee has an active or pending term of probation,
  236  community control, parole, conditional release, or other court
  237  ordered or postprison release supervision, the department shall
  238  also immediately notify the Department of Corrections’ Office of
  239  Community Corrections in Tallahassee. The Commission for
  240  Offender Assessment and Transition Parole Commission shall also
  241  be immediately notified of an escape if the escapee has an
  242  active or pending term of parole, conditional release, or other
  243  postprison release supervision that is administered by the
  244  Commission for Offender Assessment and Transition Parole
  245  Commission.
  246         Section 12. Subsection (4) of section 775.089, Florida
  247  Statutes, is amended to read:
  248         775.089 Restitution.—
  249         (4) If a defendant is placed on probation or paroled,
  250  complete satisfaction of any restitution ordered under this
  251  section shall be a condition of such probation or parole. The
  252  court may revoke probation, and the Commission for Offender
  253  Assessment and Transition Parole Commission may revoke parole,
  254  if the defendant fails to comply with such order.
  255         Section 13. Subsection (1) and paragraphs (a) and (b) of
  256  subsection (2) of section 775.16, Florida Statutes, are amended
  257  to read:
  258         775.16 Drug offenses; additional penalties.—In addition to
  259  any other penalty provided by law, a person who has been
  260  convicted of sale of or trafficking in, or conspiracy to sell or
  261  traffic in, a controlled substance under chapter 893, if such
  262  offense is a felony, or who has been convicted of an offense
  263  under the laws of any state or country which, if committed in
  264  this state, would constitute the felony of selling or
  265  trafficking in, or conspiracy to sell or traffic in, a
  266  controlled substance under chapter 893, is:
  267         (1) Disqualified from applying for employment by any agency
  268  of the state, unless:
  269         (a) The person has completed all sentences of imprisonment
  270  or supervisory sanctions imposed by the court, by the Commission
  271  for Offender Assessment and Transition Parole Commission, or by
  272  law; or
  273         (b) The person has complied with the conditions of
  274  subparagraphs 1. and 2. which shall be monitored by the
  275  Department of Corrections while the person is under any
  276  supervisory sanctions. The person under supervision may:
  277         1. Seek evaluation and enrollment in, and once enrolled
  278  maintain enrollment in until completion, a drug treatment and
  279  rehabilitation program which is approved by the Department of
  280  Children and Family Services, unless it is deemed by the program
  281  that the person does not have a substance abuse problem. The
  282  treatment and rehabilitation program may be specified by:
  283         a. The court, in the case of court-ordered supervisory
  284  sanctions;
  285         b. The Commission for Offender Assessment and Transition
  286  Parole Commission, in the case of parole, control release, or
  287  conditional release; or
  288         c. The Department of Corrections, in the case of
  289  imprisonment or any other supervision required by law.
  290         2. Submit to periodic urine drug testing pursuant to
  291  procedures prescribed by the Department of Corrections. If the
  292  person is indigent, the costs shall be paid by the Department of
  293  Corrections.
  294         (2) Disqualified from applying for a license, permit, or
  295  certificate required by any agency of the state to practice,
  296  pursue, or engage in any occupation, trade, vocation,
  297  profession, or business, unless:
  298         (a) The person has completed all sentences of imprisonment
  299  or supervisory sanctions imposed by the court, by the Commission
  300  for Offender Assessment and Transition Parole Commission, or by
  301  law;
  302         (b) The person has complied with the conditions of
  303  subparagraphs 1. and 2. which shall be monitored by the
  304  Department of Corrections while the person is under any
  305  supervisory sanction. If the person fails to comply with
  306  provisions of these subparagraphs by either failing to maintain
  307  treatment or by testing positive for drug use, the department
  308  shall notify the licensing, permitting, or certifying agency,
  309  which may refuse to reissue or reinstate such license, permit,
  310  or certification. The licensee, permittee, or certificateholder
  311  under supervision may:
  312         1. Seek evaluation and enrollment in, and once enrolled
  313  maintain enrollment in until completion, a drug treatment and
  314  rehabilitation program which is approved or regulated by the
  315  Department of Children and Family Services, unless it is deemed
  316  by the program that the person does not have a substance abuse
  317  problem. The treatment and rehabilitation program may be
  318  specified by:
  319         a. The court, in the case of court-ordered supervisory
  320  sanctions;
  321         b. The Commission for Offender Assessment and Transition
  322  Parole Commission, in the case of parole, control release, or
  323  conditional release; or
  324         c. The Department of Corrections, in the case of
  325  imprisonment or any other supervision required by law.
  326         2. Submit to periodic urine drug testing pursuant to
  327  procedures prescribed by the Department of Corrections. If the
  328  person is indigent, the costs shall be paid by the Department of
  329  Corrections; or
  330  
  331         The provisions of this section do not apply to any of the
  332  taxes, fees, or permits regulated, controlled, or administered
  333  by the Department of Revenue in accordance with the provisions
  334  of s. 213.05.
  335         Section 14. Paragraph (a) of subsection (1) of section
  336  784.07, Florida Statutes, is amended to read:
  337         784.07 Assault or battery of law enforcement officers,
  338  firefighters, emergency medical care providers, public transit
  339  employees or agents, or other specified officers;
  340  reclassification of offenses; minimum sentences.—
  341         (1) As used in this section, the term:
  342         (a) “Law enforcement officer” includes a law enforcement
  343  officer, a correctional officer, a correctional probation
  344  officer, a part-time law enforcement officer, a part-time
  345  correctional officer, an auxiliary law enforcement officer, and
  346  an auxiliary correctional officer, as those terms are
  347  respectively defined in s. 943.10, and any county probation
  348  officer; an employee or agent of the Department of Corrections
  349  who supervises or provides services to inmates; an officer of
  350  the Commission for Offender Assessment and Transition Parole
  351  Commission; a federal law enforcement officer as defined in s.
  352  901.1505; and law enforcement personnel of the Fish and Wildlife
  353  Conservation Commission, the Department of Environmental
  354  Protection, or the Department of Law Enforcement.
  355         Section 15. Paragraph (b) of subsection (2) of section
  356  784.078, Florida Statutes, is amended to read:
  357         784.078 Battery of facility employee by throwing, tossing,
  358  or expelling certain fluids or materials.—
  359         (2)
  360         (b) “Employee” includes any person who is a parole examiner
  361  with the Florida Commission for Offender Assessment and
  362  Transition Parole Commission.
  363         Section 16. Section 843.01, Florida Statutes, is amended to
  364  read:
  365         843.01 Resisting officer with violence to his or her
  366  person.—Whoever knowingly and willfully resists, obstructs, or
  367  opposes any officer as defined in s. 943.10(1), (2), (3), (6),
  368  (7), (8), or (9); member of the Commission for Offender
  369  Assessment and Transition Parole Commission or any
  370  administrative aide or supervisor employed by the commission;
  371  parole and probation supervisor; county probation officer;
  372  personnel or representative of the Department of Law
  373  Enforcement; or other person legally authorized to execute
  374  process in the execution of legal process or in the lawful
  375  execution of any legal duty, by offering or doing violence to
  376  the person of such officer or legally authorized person, is
  377  guilty of a felony of the third degree, punishable as provided
  378  in s. 775.082, s. 775.083, or s. 775.084.
  379         Section 17. Section 843.02, Florida Statutes, is amended to
  380  read:
  381         843.02 Resisting officer without violence to his or her
  382  person.—Whoever shall resist, obstruct, or oppose any officer as
  383  defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member
  384  of the Commission for Offender Assessment and Transition Parole
  385  Commission or any administrative aide or supervisor employed by
  386  the commission; county probation officer; parole and probation
  387  supervisor; personnel or representative of the Department of Law
  388  Enforcement; or other person legally authorized to execute
  389  process in the execution of legal process or in the lawful
  390  execution of any legal duty, without offering or doing violence
  391  to the person of the officer, shall be guilty of a misdemeanor
  392  of the first degree, punishable as provided in s. 775.082 or s.
  393  775.083.
  394         Section 18. Section 843.08, Florida Statutes, is amended to
  395  read:
  396         843.08 Falsely personating officer, etc.—A person who
  397  falsely assumes or pretends to be a sheriff, officer of the
  398  Florida Highway Patrol, officer of the Fish and Wildlife
  399  Conservation Commission, officer of the Department of
  400  Environmental Protection, officer of the Department of
  401  Transportation, officer of the Department of Financial Services,
  402  officer of the Department of Corrections, correctional probation
  403  officer, deputy sheriff, state attorney or assistant state
  404  attorney, statewide prosecutor or assistant statewide
  405  prosecutor, state attorney investigator, coroner, police
  406  officer, lottery special agent or lottery investigator, beverage
  407  enforcement agent, or watchman, or any member of the Commission
  408  for Offender Assessment and Transition Parole Commission and any
  409  administrative aide or supervisor employed by the commission, or
  410  any personnel or representative of the Department of Law
  411  Enforcement, or a federal law enforcement officer as defined in
  412  s. 901.1505, and takes upon himself or herself to act as such,
  413  or to require any other person to aid or assist him or her in a
  414  matter pertaining to the duty of any such officer, commits a
  415  felony of the third degree, punishable as provided in s.
  416  775.082, s. 775.083, or s. 775.084; however, a person who
  417  falsely personates any such officer during the course of the
  418  commission of a felony commits a felony of the second degree,
  419  punishable as provided in s. 775.082, s. 775.083, or s. 775.084;
  420  except that if the commission of the felony results in the death
  421  or personal injury of another human being, the person commits a
  422  felony of the first degree, punishable as provided in s.
  423  775.082, s. 775.083, or s. 775.084.
  424         Section 19. Paragraph (a) of subsection (1) of section
  425  893.11, Florida Statutes, is amended to read:
  426         893.11 Suspension, revocation, and reinstatement of
  427  business and professional licenses.—Upon the conviction in any
  428  court of competent jurisdiction of any person holding a license,
  429  permit, or certificate issued by a state agency, for sale of, or
  430  trafficking in, a controlled substance or for conspiracy to
  431  sell, or traffic in, a controlled substance, if such offense is
  432  a felony, the clerk of said court shall send a certified copy of
  433  the judgment of conviction with the person’s license number,
  434  permit number, or certificate number on the face of such
  435  certified copy to the agency head by whom the convicted
  436  defendant has received a license, permit, or certificate to
  437  practice his or her profession or to carry on his or her
  438  business. Such agency head shall suspend or revoke the license,
  439  permit, or certificate of the convicted defendant to practice
  440  his or her profession or to carry on his or her business. Upon a
  441  showing by any such convicted defendant whose license, permit,
  442  or certificate has been suspended or revoked pursuant to this
  443  section that his or her civil rights have been restored or upon
  444  a showing that the convicted defendant meets the following
  445  criteria, the agency head may reinstate or reactivate such
  446  license, permit, or certificate when:
  447         (1) The person has complied with the conditions of
  448  paragraphs (a) and (b) which shall be monitored by the
  449  Department of Corrections while the person is under any
  450  supervisory sanction. If the person fails to comply with
  451  provisions of these paragraphs by either failing to maintain
  452  treatment or by testing positive for drug use, the department
  453  shall notify the licensing, permitting, or certifying agency,
  454  which shall revoke the license, permit, or certification. The
  455  person under supervision may:
  456         (a) Seek evaluation and enrollment in, and once enrolled
  457  maintain enrollment in until completion, a drug treatment and
  458  rehabilitation program which is approved or regulated by the
  459  Department of Children and Family Services. The treatment and
  460  rehabilitation program shall be specified by:
  461         1. The court, in the case of court-ordered supervisory
  462  sanctions;
  463         2. The Commission for Offender Assessment and Transition
  464  Parole Commission, in the case of parole, control release, or
  465  conditional release; or
  466         3. The Department of Corrections, in the case of
  467  imprisonment or any other supervision required by law.
  468  
  469         This section does not apply to any of the taxes, fees, or
  470  permits regulated, controlled, or administered by the Department
  471  of Revenue in accordance with s. 213.05.
  472         Section 20. Paragraph (a) of subsection (9) of section
  473  921.001, Florida Statutes, is amended to read:
  474         921.001 Sentencing Commission and sentencing guidelines
  475  generally.—
  476         (9)(a) The Sentencing Commission and the office of the
  477  State Courts Administrator shall conduct ongoing research on the
  478  impact of the sentencing guidelines, the use of imprisonment and
  479  alternatives to imprisonment, and plea bargaining. The
  480  commission, with the aid of the office of the State Courts
  481  Administrator, the Department of Corrections, and the Commission
  482  for Offender Assessment and Transition Parole Commission, shall
  483  estimate the impact of any proposed changes to the sentencing
  484  guidelines on future rates of incarceration and levels of prison
  485  population, based in part on historical data of sentencing
  486  practices which have been accumulated by the office of the State
  487  Courts Administrator and on Department of Corrections records
  488  reflecting average time served for offenses covered by the
  489  proposed changes to the guidelines. The commission shall review
  490  the projections of impact and shall make them available to other
  491  appropriate agencies of state government, including the
  492  Legislature, by October 1 of each year.
  493         Section 21. Subsection (2) of section 921.16, Florida
  494  Statutes, is amended to read:
  495         921.16 When sentences to be concurrent and when
  496  consecutive.—
  497         (2) A county court or circuit court of this state may
  498  direct that the sentence imposed by such court be served
  499  concurrently with a sentence imposed by a court of another state
  500  or of the United States or, for purposes of this section,
  501  concurrently with a sentence to be imposed in another
  502  jurisdiction. In such case, the Department of Corrections may
  503  designate the correctional institution of the other jurisdiction
  504  as the place for reception and confinement of such person and
  505  may also designate the place in Florida for reception and
  506  confinement of such person in the event that confinement in the
  507  other jurisdiction terminates before the expiration of the
  508  Florida sentence. The sheriff shall forward commitment papers
  509  and other documents specified in s. 944.17 to the department.
  510  Upon imposing such a sentence, the court shall notify the
  511  Commission for Offender Assessment and Transition Parole
  512  Commission as to the jurisdiction in which the sentence is to be
  513  served. Any prisoner so released to another jurisdiction shall
  514  be eligible for consideration for parole by the Commission for
  515  Offender Assessment and Transition Parole Commission pursuant to
  516  the provisions of chapter 947, except that the commission shall
  517  determine the presumptive parole release date and the effective
  518  parole release date by requesting such person’s file from the
  519  receiving jurisdiction. Upon receiving such records, the
  520  commission shall determine these release dates based on the
  521  relevant information in that file and shall give credit toward
  522  reduction of the Florida sentence for gain-time granted by the
  523  jurisdiction where the inmate is serving the sentence. The
  524  Commission for Offender Assessment and Transition Parole
  525  Commission may concur with the parole release decision of the
  526  jurisdiction granting parole and accepting supervision.
  527         Section 22. Section 921.20, Florida Statutes, is amended to
  528  read:
  529         921.20 Classification summary; Commission for Offender
  530  Assessment and Transition Parole Commission.—As soon as possible
  531  after a prisoner has been placed in the custody of the
  532  Department of Corrections, the classification board shall
  533  furnish a classification summary to the Commission for Offender
  534  Assessment and Transition Parole Commission for use as provided
  535  in s. 947.14. The summary shall include the criminal, personal,
  536  social, and environmental background and other relevant factors
  537  considered in classifying the prisoner for a penal environment
  538  best suited for the prisoner’s rapid rehabilitation.
  539         Section 23. Section 921.21, Florida Statutes, is amended to
  540  read:
  541         921.21 Progress reports to Commission for Offender
  542  Assessment and Transition Parole Commission.—From time to time
  543  the Department of Corrections shall submit to the Commission for
  544  Offender Assessment and Transition Parole Commission progress
  545  reports and recommendations regarding prisoners sentenced under
  546  s. 921.18. When the classification board of the Department of
  547  Corrections determines that justice and the public welfare will
  548  best be served by paroling or discharging a prisoner, it shall
  549  transmit its finding to the Commission for Offender Assessment
  550  and Transition Parole Commission. The commission shall have the
  551  authority to place the prisoner on parole as provided by law or
  552  give the prisoner a full discharge from custody. The period of a
  553  parole granted by the Commission for Offender Assessment and
  554  Transition Parole Commission shall be in its discretion, but the
  555  parole period shall not exceed the maximum term for which the
  556  prisoner was sentenced.
  557         Section 24. Section 921.22, Florida Statutes, is amended to
  558  read:
  559         921.22 Determination of exact period of imprisonment by
  560  Commission for Offender Assessment and Transition Parole
  561  Commission.—Upon the recommendation of the Department of
  562  Corrections, the Commission for Offender Assessment and
  563  Transition Parole Commission shall have the authority to
  564  determine the exact period of imprisonment to be served by
  565  defendants sentenced under the provisions of s. 921.18, but a
  566  prisoner shall not be held in custody longer than the maximum
  567  sentence provided for the offense.
  568         Section 25. Section 940.03, Florida Statutes, is amended to
  569  read:
  570         940.03 Application for executive clemency.—When any person
  571  intends to apply for remission of any fine or forfeiture or the
  572  commutation of any punishment, or for pardon or restoration of
  573  civil rights, he or she shall request an application form from
  574  the Commission for Offender Assessment and Transition Parole
  575  Commission in compliance with such rules regarding application
  576  for executive clemency as are adopted by the Governor with the
  577  approval of two members of the Cabinet. Such application may
  578  require the submission of a certified copy of the applicant’s
  579  indictment or information, the judgment adjudicating the
  580  applicant to be guilty, and the sentence, if sentence has been
  581  imposed, and may also require the applicant to send a copy of
  582  the application to the judge and prosecuting attorney of the
  583  court in which the applicant was convicted, notifying them of
  584  the applicant’s intent to apply for executive clemency. An
  585  application for executive clemency for a person who is sentenced
  586  to death must be filed within 1 year after the date the Supreme
  587  Court issues a mandate on a direct appeal or the United States
  588  Supreme Court denies a petition for certiorari, whichever is
  589  later.
  590         Section 26. Subsection (3) of section 940.05, Florida
  591  Statutes, is amended to read:
  592         940.05 Restoration of civil rights.—Any person who has been
  593  convicted of a felony may be entitled to the restoration of all
  594  the rights of citizenship enjoyed by him or her prior to
  595  conviction if the person has:
  596         (3) Been granted his or her final release by the Commission
  597  for Offender Assessment and Transition Parole Commission.
  598         Section 27. Subsections (2) and (3) of section 941.23,
  599  Florida Statutes, are amended to read:
  600         941.23 Application for issuance of requisition; by whom
  601  made; contents.—
  602         (2) When the return to this state is required of a person
  603  who has been convicted of a crime in this state and has escaped
  604  from confinement or broken the terms of his or her bail,
  605  probation, or parole, the state attorney of the county in which
  606  the offense was committed, the Commission for Offender
  607  Assessment and Transition Parole Commission, the Department of
  608  Corrections, or the warden of the institution or sheriff of the
  609  county, from which escape was made, shall present to the
  610  Governor a written application for a requisition for the return
  611  of such person, in which application shall be stated the name of
  612  the person, the crime of which the person was convicted, the
  613  circumstances of his or her escape from confinement or of the
  614  breach of the terms of his or her bail, probation, or parole,
  615  and the state in which the person is believed to be, including
  616  the location of the person therein at the time application is
  617  made.
  618         (3) The application shall be verified by affidavit, shall
  619  be executed in duplicate, and shall be accompanied by two
  620  certified copies of the indictment returned or information and
  621  affidavit filed or of the complaint made to the judge, stating
  622  the offense with which the accused is charged, or of the
  623  judgment of conviction or of the sentence. The prosecuting
  624  officer, Commission for Offender Assessment and Transition
  625  Parole Commission, Department of Corrections, warden, or sheriff
  626  may also attach such further affidavits and other documents in
  627  duplicate as he or she shall deem proper to be submitted with
  628  such application. One copy of the application, with the action
  629  of the Governor indicated by endorsement thereon, and one of the
  630  certified copies of the indictment, complaint, information, and
  631  affidavits or of the judgment of conviction or of the sentence
  632  shall be filed in the office of the Department of State to
  633  remain of record in that office. The other copies of all papers
  634  shall be forwarded with the Governor’s requisition.
  635         Section 28. Subsection (7) of section 943.0311, Florida
  636  Statutes, is amended to read:
  637         943.0311 Chief of Domestic Security; duties of the
  638  department with respect to domestic security.—
  639         (7) As used in this section, the term “state agency”
  640  includes the Agency for Health Care Administration, the Agency
  641  for Workforce Innovation, the Department of Agriculture and
  642  Consumer Services, the Department of Business and Professional
  643  Regulation, the Department of Children and Family Services, the
  644  Department of Citrus, the Department of Community Affairs, the
  645  Department of Corrections, the Department of Education, the
  646  Department of Elderly Affairs, the Department of Environmental
  647  Protection, the Department of Financial Services, the Department
  648  of Health, the Department of Highway Safety and Motor Vehicles,
  649  the Department of Juvenile Justice, the Department of Law
  650  Enforcement, the Department of Legal Affairs, the Department of
  651  Management Services, the Department of Military Affairs, the
  652  Department of Revenue, the Department of State, the Department
  653  of the Lottery, the Department of Transportation, the Department
  654  of Veterans’ Affairs, the Fish and Wildlife Conservation
  655  Commission, the Commission for Offender Assessment and
  656  Transition Parole Commission, the State Board of Administration,
  657  and the Executive Office of the Governor.
  658         Section 29. Subsection (1) of section 943.06, Florida
  659  Statutes, is amended to read:
  660         943.06 Criminal and Juvenile Justice Information Systems
  661  Council.—There is created a Criminal and Juvenile Justice
  662  Information Systems Council within the department.
  663         (1) The council shall be composed of 15 members, consisting
  664  of the Attorney General or a designated assistant; the executive
  665  director of the Department of Law Enforcement or a designated
  666  assistant; the secretary of the Department of Corrections or a
  667  designated assistant; the chair of the Commission for Offender
  668  Assessment and Transition Parole Commission or a designated
  669  assistant; the Secretary of Juvenile Justice or a designated
  670  assistant; the executive director of the Department of Highway
  671  Safety and Motor Vehicles or a designated assistant; the
  672  Secretary of Children and Family Services or a designated
  673  assistant; the State Courts Administrator or a designated
  674  assistant; 1 public defender appointed by the Florida Public
  675  Defender Association, Inc.; 1 state attorney appointed by the
  676  Florida Prosecuting Attorneys Association, Inc.; and 5 members,
  677  to be appointed by the Governor, consisting of 2 sheriffs, 2
  678  police chiefs, and 1 clerk of the circuit court.
  679         Section 30. Paragraph (a) of subsection (9) of section
  680  943.325, Florida Statutes, is amended to read:
  681         943.325 Blood or other biological specimen testing for DNA
  682  analysis.—
  683         (9) The Department of Law Enforcement shall:
  684         (a) Receive, process, and store blood specimen samples or
  685  other approved biological specimen samples and the data derived
  686  therefrom furnished pursuant to subsection (1), pursuant to a
  687  requirement of supervision imposed by the court or the
  688  Commission for Offender Assessment and Transition Parole
  689  Commission with respect to a person convicted of any offense
  690  specified in subsection (1), or as specified in subsection (6).
  691         Section 31. Subsection (5) of section 944.012, Florida
  692  Statutes, is amended to read:
  693         944.012 Legislative intent.—The Legislature hereby finds
  694  and declares that:
  695         (5) In order to make the correctional system an efficient
  696  and effective mechanism, the various agencies involved in the
  697  correctional process must coordinate their efforts. Where
  698  possible, interagency offices should be physically located
  699  within major institutions and should include representatives of
  700  the Florida State Employment Service, the vocational
  701  rehabilitation programs of the Department of Education, and the
  702  Commission for Offender Assessment and Transition Parole
  703  Commission. Duplicative and unnecessary methods of evaluating
  704  offenders must be eliminated and areas of responsibility
  705  consolidated in order to more economically utilize present
  706  scarce resources.
  707         Section 32. Subsection (1) of section 944.02, Florida
  708  Statutes, is amended to read:
  709         944.02 Definitions.—The following words and phrases used in
  710  this chapter shall, unless the context clearly indicates
  711  otherwise, have the following meanings:
  712         (1) “Commission” means the Commission for Offender
  713  Assessment and Transition Parole Commission.
  714         Section 33. Paragraph (b) of subsection (2) of section
  715  944.4731, Florida Statutes, is amended to read:
  716         944.4731 Addiction-Recovery Supervision Program.—
  717         (2)
  718         (b) An offender released under addiction-recovery
  719  supervision shall be subject to specified terms and conditions,
  720  including payment of the costs of supervision under s. 948.09
  721  and any other court-ordered payments, such as child support and
  722  restitution. If an offender has received a term of probation or
  723  community control to be served after release from incarceration,
  724  the period of probation or community control may not be
  725  substituted for addiction-recovery supervision and shall follow
  726  the term of addiction-recovery supervision. A panel of not fewer
  727  than two parole commissioners shall establish the terms and
  728  conditions of supervision, and the terms and conditions must be
  729  included in the supervision order. In setting the terms and
  730  conditions of supervision, the Commission for Offender
  731  Assessment and Transition Parole Commission shall weigh heavily
  732  the program requirements, including, but not limited to, work at
  733  paid employment while participating in treatment and traveling
  734  restrictions. The commission shall also determine whether an
  735  offender violates the terms and conditions of supervision and
  736  whether a violation warrants revocation of addiction-recovery
  737  supervision pursuant to s. 947.141. The Commission for Offender
  738  Assessment and Transition Parole Commission shall review the
  739  offender’s record for the purpose of establishing the terms and
  740  conditions of supervision. The Commission for Offender
  741  Assessment and Transition Parole Commission may impose any
  742  special conditions it considers warranted from its review of the
  743  record. The length of supervision may not exceed the maximum
  744  penalty imposed by the court.
  745         Section 34. Paragraph (b) of subsection (1) and paragraph
  746  (b) of subsection (6) of section 945.091, Florida Statutes, is
  747  amended to read:
  748         945.091 Extension of the limits of confinement; restitution
  749  by employed inmates.—
  750         (1) The department may adopt rules permitting the extension
  751  of the limits of the place of confinement of an inmate as to
  752  whom there is reasonable cause to believe that the inmate will
  753  honor his or her trust by authorizing the inmate, under
  754  prescribed conditions and following investigation and approval
  755  by the secretary, or the secretary’s designee, who shall
  756  maintain a written record of such action, to leave the confines
  757  of that place unaccompanied by a custodial agent for a
  758  prescribed period of time to:
  759         (b) Work at paid employment, participate in an education or
  760  a training program, or voluntarily serve a public or nonprofit
  761  agency or faith-based service group in the community, while
  762  continuing as an inmate of the institution or facility in which
  763  the inmate is confined, except during the hours of his or her
  764  employment, education, training, or service and traveling
  765  thereto and therefrom. An inmate may travel to and from his or
  766  her place of employment, education, or training only by means of
  767  walking, bicycling, or using public transportation or
  768  transportation that is provided by a family member or employer.
  769  Contingent upon specific appropriations, the department may
  770  transport an inmate in a state-owned vehicle if the inmate is
  771  unable to obtain other means of travel to his or her place of
  772  employment, education, or training.
  773         1. An inmate may participate in paid employment only during
  774  the last 36 months of his or her confinement, unless sooner
  775  requested by the Commission for Offender Assessment and
  776  Transition Parole Commission or the Control Release Authority.
  777         2. While working at paid employment and residing in the
  778  facility, an inmate may apply for placement at a contracted
  779  substance abuse transition housing program. The transition
  780  assistance specialist shall inform the inmate of program
  781  availability and assess the inmate’s need and suitability for
  782  transition housing assistance. If an inmate is approved for
  783  placement, the specialist shall assist the inmate. If an inmate
  784  requests and is approved for placement in a contracted faith
  785  based substance abuse transition housing program, the specialist
  786  must consult with the chaplain prior to such placement. The
  787  department shall ensure that an inmate’s faith orientation, or
  788  lack thereof, will not be considered in determining admission to
  789  a faith-based program and that the program does not attempt to
  790  convert an inmate toward a particular faith or religious
  791  preference.
  792         (6)
  793         (b) An offender who is required to provide restitution or
  794  reparation may petition the circuit court to amend the amount of
  795  restitution or reparation required or to revise the schedule of
  796  repayment established by the department or the Commission for
  797  Offender Assessment and Transition Parole Commission.
  798         Section 35. Paragraph (d) of subsection (1), paragraphs (a)
  799  and (b) of subsection (2), and subsection (5) of section 945.10,
  800  Florida Statutes, are amended to read:
  801         945.10 Confidential information.—
  802         (1) Except as otherwise provided by law or in this section,
  803  the following records and information held by the Department of
  804  Corrections are confidential and exempt from the provisions of
  805  s. 119.07(1) and s. 24(a), Art. I of the State Constitution:
  806         (d) Commission for Offender Assessment and Transition
  807  Parole Commission records which are confidential or exempt from
  808  public disclosure by law.
  809         (2) The records and information specified in paragraphs
  810  (1)(a)-(h) may be released as follows unless expressly
  811  prohibited by federal law:
  812         (a) Information specified in paragraphs (1)(b), (d), and
  813  (f) to the Office of the Governor, the Legislature, the
  814  Commission for Offender Assessment and Transition Parole
  815  Commission, the Department of Children and Family Services, a
  816  private correctional facility or program that operates under a
  817  contract, the Department of Legal Affairs, a state attorney, the
  818  court, or a law enforcement agency. A request for records or
  819  information pursuant to this paragraph need not be in writing.
  820         (b) Information specified in paragraphs (1)(c), (e), and
  821  (h) to the Office of the Governor, the Legislature, the
  822  Commission for Offender Assessment and Transition Parole
  823  Commission, the Department of Children and Family Services, a
  824  private correctional facility or program that operates under
  825  contract, the Department of Legal Affairs, a state attorney, the
  826  court, or a law enforcement agency. A request for records or
  827  information pursuant to this paragraph must be in writing and a
  828  statement provided demonstrating a need for the records or
  829  information.
  830  
  831         Records and information released under this subsection
  832  remain confidential and exempt from the provisions of s.
  833  119.07(1) and s. 24(a), Art. I of the State Constitution when
  834  held by the receiving person or entity.
  835         (5) The Department of Corrections and the Commission for
  836  Offender Assessment and Transition Parole Commission shall
  837  mutually cooperate with respect to maintaining the
  838  confidentiality of records that are exempt from the provisions
  839  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  840         Section 36. Subsection (2) of section 945.47, Florida
  841  Statutes, is amended to read:
  842         945.47 Discharge of inmate from mental health treatment.—
  843         (2) At any time that an inmate who has received mental
  844  health treatment while in the custody of the department becomes
  845  eligible for release under supervision or upon end of sentence,
  846  a record of the inmate’s mental health treatment may be provided
  847  to the Commission for Offender Assessment and Transition Parole
  848  Commission and to the Department of Children and Family Services
  849  upon request. The record shall include, at a minimum, a summary
  850  of the inmate’s diagnosis, length of stay in treatment, clinical
  851  history, prognosis, prescribed medication, treatment plan, and
  852  recommendations for aftercare services.
  853         Section 37. Subsection (6) of section 945.73, Florida
  854  Statutes, is amended to read:
  855         945.73 Inmate training program operation.—
  856         (6) The department shall work cooperatively with the
  857  Control Release Authority, the Florida Commission for Offender
  858  Assessment and Transition Parole Commission, or such other
  859  authority as may exist or be established in the future which is
  860  empowered by law to effect the release of an inmate who has
  861  successfully completed the requirements established by ss.
  862  945.71-945.74.
  863         Section 38. Subsection (1) of section 947.005, Florida
  864  Statutes, is amended to read:
  865         947.005 Definitions.—As used in this chapter, unless the
  866  context clearly indicates otherwise:
  867         (1) “Commission” means the Commission for Offender
  868  Assessment and Transition Parole Commission.
  869         Section 39. Section 947.01, Florida Statutes, is amended to
  870  read:
  871         947.01 Commission for Offender Assessment and Transition
  872  Parole Commission; creation; number of members.—A Commission for
  873  Offender Assessment and Transition Parole Commission is created
  874  to consist of six members who are residents of the state.
  875  Effective July 1, 1996, the membership of the commission shall
  876  be three members.
  877         Section 40. Section 947.02, Florida Statutes, is amended to
  878  read:
  879         947.02 Commission for Offender Assessment and Transition
  880  Parole Commission; members, appointment.—
  881         (1) Except as provided in s. 947.021, the members of the
  882  Commission for Offender Assessment and Transition Parole
  883  Commission shall be appointed by the Governor and Cabinet from a
  884  list of eligible applicants submitted by a parole qualifications
  885  committee. The appointments of members of the commission shall
  886  be certified to the Senate by the Governor and Cabinet for
  887  confirmation, and the membership of the commission shall include
  888  representation from minority persons as defined in s. 288.703.
  889         (2) A parole qualifications committee shall consist of five
  890  persons who are appointed by the Governor and Cabinet. One
  891  member shall be designated as chair by the Governor and Cabinet.
  892  The committee shall provide for statewide advertisement and the
  893  receiving of applications for any position or positions on the
  894  commission and shall devise a plan for the determination of the
  895  qualifications of the applicants by investigations and
  896  comprehensive evaluations, including, but not limited to,
  897  investigation and evaluation of the character, habits, and
  898  philosophy of each applicant. Each parole qualifications
  899  committee shall exist for 2 years. If additional vacancies on
  900  the commission occur during this 2-year period, the committee
  901  may advertise and accept additional applications; however, all
  902  previously submitted applications shall be considered along with
  903  the new applications according to the previously established
  904  plan for the evaluation of the qualifications of applicants.
  905         (3) Within 90 days before an anticipated vacancy by
  906  expiration of term pursuant to s. 947.03 or upon any other
  907  vacancy, the Governor and Cabinet shall appoint a parole
  908  qualifications committee if one has not been appointed during
  909  the previous 2 years. The committee shall consider applications
  910  for the commission seat, including the application of an
  911  incumbent commissioner if he or she applies, according to the
  912  provisions of subsection (2). The committee shall submit a list
  913  of three eligible applicants, which may include the incumbent if
  914  the committee so decides, without recommendation, to the
  915  Governor and Cabinet for appointment to the commission. In the
  916  case of an unexpired term, the appointment must be for the
  917  remainder of the unexpired term and until a successor is
  918  appointed and qualified. If more than one seat is vacant, the
  919  committee shall submit a list of eligible applicants, without
  920  recommendation, containing a number of names equal to three
  921  times the number of vacant seats; however, the names submitted
  922  shall not be distinguished by seat, and each submitted applicant
  923  shall be considered eligible for each vacancy.
  924         (4) Upon receiving a list of eligible persons from the
  925  parole qualifications committee, the Governor and Cabinet may
  926  reject the list. If the list is rejected, the committee shall
  927  reinitiate the application and examination procedure according
  928  to the provisions of subsection (2).
  929         (5) The provisions of s. 120.525 and chapters 119 and 286
  930  apply to all activities and proceedings of a parole
  931  qualifications committee.
  932         Section 41. Section 947.021, Florida Statutes, is amended
  933  to read:
  934         947.021 Commission for Offender Assessment and Transition
  935  Parole Commission; expedited appointments.—Whenever the
  936  Legislature decreases the membership of the commission, all
  937  terms of office shall expire, notwithstanding any law to the
  938  contrary. Under such circumstances, the Governor and Cabinet
  939  shall expedite the appointment of commissioners. Notwithstanding
  940  the parole qualifications committee procedure in s. 947.02,
  941  members shall be directly appointed by the Governor and Cabinet.
  942  Members appointed to the commission may be selected from
  943  incumbents. Members shall be certified to the Senate by the
  944  Governor and Cabinet for confirmation, and the membership of the
  945  commission shall include representation from minority persons as
  946  defined in s. 288.703.
  947         Section 42. Section 947.045, Florida Statutes, is amended
  948  to read:
  949         947.045 Federal Grants Trust Fund.—The Federal Grants Trust
  950  Fund is hereby created, to be administered by the Florida
  951  Commission for Offender Assessment and Transition Parole
  952  Commission.
  953         (1) Funds to be credited to the trust fund shall consist of
  954  receipts from federal grants and shall be used for the various
  955  purposes for which the federal funds were intended.
  956         (2) Notwithstanding the provisions of s. 216.301 and
  957  pursuant to s. 216.351, any balance in the trust fund at the end
  958  of any fiscal year shall remain in the trust fund at the end of
  959  the year and shall be available for carrying out the purposes of
  960  the trust fund.
  961         (3) In accordance with s. 19(f)(2), Art. III of the State
  962  Constitution, the Federal Grants Trust Fund shall be terminated
  963  on July 1, 2009, unless terminated sooner. Before its scheduled
  964  termination, the trust fund shall be reviewed as provided in s.
  965  215.3206(1) and (2).
  966         Section 43. Subsection (3) of section 947.141, Florida
  967  Statutes, is amended to read:
  968         947.141 Violations of conditional release, control release,
  969  or conditional medical release or addiction-recovery
  970  supervision.—
  971         (3) Within 45 days after notice to the Commission for
  972  Offender Assessment and Transition Parole Commission of the
  973  arrest of a releasee charged with a violation of the terms and
  974  conditions of conditional release, control release, conditional
  975  medical release, or addiction-recovery supervision, the releasee
  976  must be afforded a hearing conducted by a commissioner or a duly
  977  authorized representative thereof. If the releasee elects to
  978  proceed with a hearing, the releasee must be informed orally and
  979  in writing of the following:
  980         (a) The alleged violation with which the releasee is
  981  charged.
  982         (b) The releasee’s right to be represented by counsel.
  983         (c) The releasee’s right to be heard in person.
  984         (d) The releasee’s right to secure, present, and compel the
  985  attendance of witnesses relevant to the proceeding.
  986         (e) The releasee’s right to produce documents on the
  987  releasee’s own behalf.
  988         (f) The releasee’s right of access to all evidence used
  989  against the releasee and to confront and cross-examine adverse
  990  witnesses.
  991         (g) The releasee’s right to waive the hearing.
  992         Section 44. Subsection (1) of section 947.146, Florida
  993  Statutes, is amended to read:
  994         947.146 Control Release Authority.—
  995         (1) There is created a Control Release Authority which
  996  shall be composed of the members of the Commission for Offender
  997  Assessment and Transition Parole Commission and which shall have
  998  the same chair as the commission. The authority shall utilize
  999  such commission staff as it determines is necessary to carry out
 1000  its purposes.
 1001         Section 45. Section 947.181, Florida Statutes, is amended
 1002  to read:
 1003         947.181 Victim restitution as condition of parole.—
 1004         (1)(a) The Commission for Offender Assessment and
 1005  Transition Parole Commission shall require as a condition of
 1006  parole reparation or restitution to the aggrieved party for the
 1007  damage or loss caused by the offense for which the parolee was
 1008  imprisoned unless the commission finds reasons to the contrary.
 1009  If the commission does not order restitution or orders only
 1010  partial restitution, the commission shall state on the record
 1011  the reasons therefor. The amount of such reparation or
 1012  restitution shall be determined by the Commission for Offender
 1013  Assessment and Transition Parole Commission.
 1014         (b) If the parolee fails to make the reparation or
 1015  restitution to the aggrieved party as authorized in paragraph
 1016  (a), it shall be considered by the commission as a violation of
 1017  parole as specified in s. 947.21 and may be cause for revocation
 1018  of her or his parole.
 1019         (2) If a defendant is paroled, any restitution ordered
 1020  under s. 775.089 shall be a condition of such parole. The
 1021  Commission for Offender Assessment and Transition Parole
 1022  Commission may revoke parole if the defendant fails to comply
 1023  with such order. In determining whether to revoke parole, the
 1024  Commission for Offender Assessment and Transition Parole
 1025  Commission shall consider the defendant’s employment status,
 1026  earning ability, and financial resources; the willfulness of the
 1027  defendant’s failure to pay; and any other special circumstances
 1028  that may have a bearing on the defendant’s ability to pay.
 1029         Section 46. Section 947.185, Florida Statutes, is amended
 1030  to read:
 1031         947.185 Application for mental retardation services as
 1032  condition of parole.—The Commission for Offender Assessment and
 1033  Transition Parole Commission may require as a condition of
 1034  parole that any inmate who has been diagnosed as mentally
 1035  retarded as defined in s. 393.063 shall, upon release, apply for
 1036  services from the Agency for Persons with Disabilities.
 1037         Section 47. Subsection (2) of section 947.22, Florida
 1038  Statutes, is amended to read:
 1039         947.22 Authority to arrest parole violators with or without
 1040  warrant.—
 1041         (2) Any parole and probation officer, when she or he has
 1042  reasonable ground to believe that a parolee, control releasee,
 1043  or conditional releasee has violated the terms and conditions of
 1044  her or his parole, control release, or conditional release in a
 1045  material respect, has the right to arrest the releasee or
 1046  parolee without warrant and bring her or him forthwith before
 1047  one or more commissioners or a duly authorized representative of
 1048  the Commission for Offender Assessment and Transition Parole
 1049  Commission or Control Release Authority; and proceedings shall
 1050  thereupon be had as provided herein when a warrant has been
 1051  issued by a member of the commission or authority or a duly
 1052  authorized representative of the commission or authority.
 1053         Section 48. Paragraph (a) of subsection (1) and subsections
 1054  (3) and (6) of section 948.09, Florida Statutes, are amended to
 1055  read:
 1056         948.09 Payment for cost of supervision and rehabilitation.—
 1057         (1)(a)1. Any person ordered by the court, the Department of
 1058  Corrections, or the Commission for Offender Assessment and
 1059  Transition Parole Commission to be placed on probation, drug
 1060  offender probation, community control, parole, control release,
 1061  provisional release supervision, addiction-recovery supervision,
 1062  or conditional release supervision under chapter 944, chapter
 1063  945, chapter 947, chapter 948, or chapter 958, or in a pretrial
 1064  intervention program, must, as a condition of any placement, pay
 1065  the department a total sum of money equal to the total month or
 1066  portion of a month of supervision times the court-ordered
 1067  amount, but not to exceed the actual per diem cost of the
 1068  supervision. The department shall adopt rules by which an
 1069  offender who pays in full and in advance of regular termination
 1070  of supervision may receive a reduction in the amount due. The
 1071  rules shall incorporate provisions by which the offender’s
 1072  ability to pay is linked to an established written payment plan.
 1073  Funds collected from felony offenders may be used to offset
 1074  costs of the Department of Corrections associated with community
 1075  supervision programs, subject to appropriation by the
 1076  Legislature.
 1077         2. In addition to any other contribution or surcharge
 1078  imposed by this section, each felony offender assessed under
 1079  this paragraph shall pay a $2-per-month surcharge to the
 1080  department. The surcharge shall be deemed to be paid only after
 1081  the full amount of any monthly payment required by the
 1082  established written payment plan has been collected by the
 1083  department. These funds shall be used by the department to pay
 1084  for correctional probation officers’ training and equipment,
 1085  including radios, and firearms training, firearms, and attendant
 1086  equipment necessary to train and equip officers who choose to
 1087  carry a concealed firearm while on duty. Nothing in this
 1088  subparagraph shall be construed to limit the department’s
 1089  authority to determine who shall be authorized to carry a
 1090  concealed firearm while on duty, or to limit the right of a
 1091  correctional probation officer to carry a personal firearm
 1092  approved by the department.
 1093         (3) Any failure to pay contribution as required under this
 1094  section may constitute a ground for the revocation of probation
 1095  by the court, the revocation of parole or conditional release by
 1096  the Commission for Offender Assessment and Transition Parole
 1097  Commission, the revocation of control release by the Control
 1098  Release Authority, or removal from the pretrial intervention
 1099  program by the state attorney. The Department of Corrections may
 1100  exempt a person from the payment of all or any part of the
 1101  contribution if it finds any of the following factors to exist:
 1102         (a) The offender has diligently attempted, but has been
 1103  unable, to obtain employment which provides him or her
 1104  sufficient income to make such payments.
 1105         (b) The offender is a student in a school, college,
 1106  university, or course of career training designed to fit the
 1107  student for gainful employment. Certification of such student
 1108  status shall be supplied to the Secretary of Corrections by the
 1109  educational institution in which the offender is enrolled.
 1110         (c) The offender has an employment handicap, as determined
 1111  by a physical, psychological, or psychiatric examination
 1112  acceptable to, or ordered by, the secretary.
 1113         (d) The offender’s age prevents him or her from obtaining
 1114  employment.
 1115         (e) The offender is responsible for the support of
 1116  dependents, and the payment of such contribution constitutes an
 1117  undue hardship on the offender.
 1118         (f) The offender has been transferred outside the state
 1119  under an interstate compact adopted pursuant to chapter 949.
 1120         (g) There are other extenuating circumstances, as
 1121  determined by the secretary.
 1122         (6) In addition to any other required contributions, the
 1123  department, at its discretion, may require offenders under any
 1124  form of supervision to submit to and pay for urinalysis testing
 1125  to identify drug usage as part of the rehabilitation program.
 1126  Any failure to make such payment, or participate, may be
 1127  considered a ground for revocation by the court, the Commission
 1128  for Offender Assessment and Transition Parole Commission, or the
 1129  Control Release Authority, or for removal from the pretrial
 1130  intervention program by the state attorney. The department may
 1131  exempt a person from such payment if it determines that any of
 1132  the factors specified in subsection (3) exist.
 1133         Section 49. Subsection (1) of section 948.10, Florida
 1134  Statutes, is amended to read:
 1135         948.10 Community control programs.—
 1136         (1) The Department of Corrections shall develop and
 1137  administer a community control program. This complementary
 1138  program shall be rigidly structured and designed to accommodate
 1139  offenders who, in the absence of such a program, would have been
 1140  incarcerated. The program shall focus on the provision of
 1141  sanctions and consequences which are commensurate with the
 1142  seriousness of the crime. The program shall offer the courts and
 1143  the Commission for Offender Assessment and Transition Parole
 1144  Commission an alternative, community-based method to punish an
 1145  offender in lieu of incarceration when the offender is a member
 1146  of one of the following target groups:
 1147         (a) Probation violators charged with technical violations
 1148  or misdemeanor violations.
 1149         (b) Parole violators charged with technical violations or
 1150  misdemeanor violations.
 1151         (c) Individuals found guilty of felonies, who, due to their
 1152  criminal backgrounds or the seriousness of the offenses, would
 1153  not be placed on regular probation.
 1154         Section 50. Subsection (2) of section 949.05, Florida
 1155  Statutes, is amended to read:
 1156         949.05 Constitutionality.—
 1157         (2) If the method of selecting the commission members as
 1158  herein provided is found to be invalid by reason of the vesting
 1159  of the appointing power in the Governor and the Cabinet, the
 1160  members of the Commission for Offender Assessment and Transition
 1161  Parole Commission herein provided for shall be appointed by the
 1162  Governor.
 1163         Section 51. Subsection (1) of section 951.29, Florida
 1164  Statutes, is amended to read:
 1165         951.29 Procedure for requesting restoration of civil rights
 1166  of county prisoners convicted of felonies.—
 1167         (1) With respect to a person who has been convicted of a
 1168  felony and is serving a sentence in a county detention facility,
 1169  the administrator of the county detention facility shall provide
 1170  to the prisoner, at least 2 weeks before discharge, if possible,
 1171  an application form obtained from the Commission for Offender
 1172  Assessment and Transition Parole Commission which the prisoner
 1173  must complete in order to begin the process of having his or her
 1174  civil rights restored.
 1175         Section 52. Subsection (6) of section 957.06, Florida
 1176  Statutes, is amended to read:
 1177         957.06 Powers and duties not delegable to contractor.—A
 1178  contract entered into under this chapter does not authorize,
 1179  allow, or imply a delegation of authority to the contractor to:
 1180         (6) Make recommendations to the Commission for Offender
 1181  Assessment and Transition Parole Commission with respect to the
 1182  denial or granting of parole, control release, conditional
 1183  release, or conditional medical release. However, the contractor
 1184  may submit written reports to the Commission for Offender
 1185  Assessment and Transition Parole Commission and must respond to
 1186  a written request by the Commission for Offender Assessment and
 1187  Transition Parole Commission for information.
 1188         Section 53. Paragraph (c) of subsection (8) of section
 1189  958.045, Florida Statutes, is amended to read:
 1190         958.045 Youthful offender basic training program.—
 1191         (8)
 1192         (c) The department shall work cooperatively with the
 1193  Control Release Authority or the Commission for Offender
 1194  Assessment and Transition Parole Commission to effect the
 1195  release of an offender who has successfully completed the
 1196  requirements of the basic training program.
 1197         Section 54. Subsection (1) of section 960.001, Florida
 1198  Statutes, is amended to read:
 1199         960.001 Guidelines for fair treatment of victims and
 1200  witnesses in the criminal justice and juvenile justice systems.—
 1201         (1) The Department of Legal Affairs, the state attorneys,
 1202  the Department of Corrections, the Department of Juvenile
 1203  Justice, the Commission for Offender Assessment and Transition
 1204  Parole Commission, the State Courts Administrator and circuit
 1205  court administrators, the Department of Law Enforcement, and
 1206  every sheriff’s department, police department, or other law
 1207  enforcement agency as defined in s. 943.10(4) shall develop and
 1208  implement guidelines for the use of their respective agencies,
 1209  which guidelines are consistent with the purposes of this act
 1210  and s. 16(b), Art. I of the State Constitution and are designed
 1211  to implement the provisions of s. 16(b), Art. I of the State
 1212  Constitution and to achieve the following objectives:
 1213         (a) Information concerning services available to victims of
 1214  adult and juvenile crime.—As provided in s. 27.0065, state
 1215  attorneys and public defenders shall gather information
 1216  regarding the following services in the geographic boundaries of
 1217  their respective circuits and shall provide such information to
 1218  each law enforcement agency with jurisdiction within such
 1219  geographic boundaries. Law enforcement personnel shall ensure,
 1220  through distribution of a victim’s rights information card or
 1221  brochure at the crime scene, during the criminal investigation,
 1222  and in any other appropriate manner, that victims are given, as
 1223  a matter of course at the earliest possible time, information
 1224  about:
 1225         1. The availability of crime victim compensation, when
 1226  applicable;
 1227         2. Crisis intervention services, supportive or bereavement
 1228  counseling, social service support referrals, and community
 1229  based victim treatment programs;
 1230         3. The role of the victim in the criminal or juvenile
 1231  justice process, including what the victim may expect from the
 1232  system as well as what the system expects from the victim;
 1233         4. The stages in the criminal or juvenile justice process
 1234  which are of significance to the victim and the manner in which
 1235  information about such stages can be obtained;
 1236         5. The right of a victim, who is not incarcerated,
 1237  including the victim’s parent or guardian if the victim is a
 1238  minor, the lawful representative of the victim or of the
 1239  victim’s parent or guardian if the victim is a minor, and the
 1240  next of kin of a homicide victim, to be informed, to be present,
 1241  and to be heard when relevant, at all crucial stages of a
 1242  criminal or juvenile proceeding, to the extent that this right
 1243  does not interfere with constitutional rights of the accused, as
 1244  provided by s. 16(b), Art. I of the State Constitution;
 1245         6. In the case of incarcerated victims, the right to be
 1246  informed and to submit written statements at all crucial stages
 1247  of the criminal proceedings, parole proceedings, or juvenile
 1248  proceedings; and
 1249         7. The right of a victim to a prompt and timely disposition
 1250  of the case in order to minimize the period during which the
 1251  victim must endure the responsibilities and stress involved to
 1252  the extent that this right does not interfere with the
 1253  constitutional rights of the accused.
 1254         (b) Information for purposes of notifying victim or
 1255  appropriate next of kin of victim or other designated contact of
 1256  victim.—In the case of a homicide, pursuant to chapter 782; or a
 1257  sexual offense, pursuant to chapter 794; or an attempted murder
 1258  or sexual offense, pursuant to chapter 777; or stalking,
 1259  pursuant to s. 784.048; or domestic violence, pursuant to s.
 1260  25.385:
 1261         1. The arresting law enforcement officer or personnel of an
 1262  organization that provides assistance to a victim or to the
 1263  appropriate next of kin of the victim or other designated
 1264  contact must request that the victim or appropriate next of kin
 1265  of the victim or other designated contact complete a victim
 1266  notification card. However, the victim or appropriate next of
 1267  kin of the victim or other designated contact may choose not to
 1268  complete the victim notification card.
 1269         2. Unless the victim or the appropriate next of kin of the
 1270  victim or other designated contact waives the option to complete
 1271  the victim notification card, a copy of the victim notification
 1272  card must be filed with the incident report or warrant in the
 1273  sheriff’s office of the jurisdiction in which the incident
 1274  report or warrant originated. The notification card shall, at a
 1275  minimum, consist of:
 1276         a. The name, address, and phone number of the victim; or
 1277         b. The name, address, and phone number of the appropriate
 1278  next of kin of the victim; or
 1279         c. The name, address, and phone number of a designated
 1280  contact other than the victim or appropriate next of kin of the
 1281  victim; and
 1282         d. Any relevant identification or case numbers assigned to
 1283  the case.
 1284         3. The chief administrator, or a person designated by the
 1285  chief administrator, of a county jail, municipal jail, juvenile
 1286  detention facility, or residential commitment facility shall
 1287  make a reasonable attempt to notify the alleged victim or
 1288  appropriate next of kin of the alleged victim or other
 1289  designated contact within 4 hours following the release of the
 1290  defendant on bail or, in the case of a juvenile offender, upon
 1291  the release from residential detention or commitment. If the
 1292  chief administrator, or designee, is unable to contact the
 1293  alleged victim or appropriate next of kin of the alleged victim
 1294  or other designated contact by telephone, the chief
 1295  administrator, or designee, must send to the alleged victim or
 1296  appropriate next of kin of the alleged victim or other
 1297  designated contact a written notification of the defendant’s
 1298  release.
 1299         4. Unless otherwise requested by the victim or the
 1300  appropriate next of kin of the victim or other designated
 1301  contact, the information contained on the victim notification
 1302  card must be sent by the chief administrator, or designee, of
 1303  the appropriate facility to the subsequent correctional or
 1304  residential commitment facility following the sentencing and
 1305  incarceration of the defendant, and unless otherwise requested
 1306  by the victim or the appropriate next of kin of the victim or
 1307  other designated contact, he or she must be notified of the
 1308  release of the defendant from incarceration as provided by law.
 1309         5. If the defendant was arrested pursuant to a warrant
 1310  issued or taken into custody pursuant to s. 985.101 in a
 1311  jurisdiction other than the jurisdiction in which the defendant
 1312  is being released, and the alleged victim or appropriate next of
 1313  kin of the alleged victim or other designated contact does not
 1314  waive the option for notification of release, the chief
 1315  correctional officer or chief administrator of the facility
 1316  releasing the defendant shall make a reasonable attempt to
 1317  immediately notify the chief correctional officer of the
 1318  jurisdiction in which the warrant was issued or the juvenile was
 1319  taken into custody pursuant to s. 985.101, and the chief
 1320  correctional officer of that jurisdiction shall make a
 1321  reasonable attempt to notify the alleged victim or appropriate
 1322  next of kin of the alleged victim or other designated contact,
 1323  as provided in this paragraph, that the defendant has been or
 1324  will be released.
 1325         (c) Information concerning protection available to victim
 1326  or witness.—A victim or witness shall be furnished, as a matter
 1327  of course, with information on steps that are available to law
 1328  enforcement officers and state attorneys to protect victims and
 1329  witnesses from intimidation. Victims of domestic violence shall
 1330  also be given information about the address confidentiality
 1331  program provided under s. 741.403.
 1332         (d) Notification of scheduling changes.—Each victim or
 1333  witness who has been scheduled to attend a criminal or juvenile
 1334  justice proceeding shall be notified as soon as possible by the
 1335  agency scheduling his or her appearance of any change in
 1336  scheduling which will affect his or her appearance.
 1337         (e) Advance notification to victim or relative of victim
 1338  concerning judicial proceedings; right to be present.—Any
 1339  victim, parent, guardian, or lawful representative of a minor
 1340  who is a victim, or relative of a homicide victim shall receive
 1341  from the appropriate agency, at the address found in the police
 1342  report or the victim notification card if such has been provided
 1343  to the agency, prompt advance notification, unless the agency
 1344  itself does not have advance notification, of judicial and
 1345  postjudicial proceedings relating to his or her case, including
 1346  all proceedings or hearings relating to:
 1347         1. The arrest of an accused;
 1348         2. The release of the accused pending judicial proceedings
 1349  or any modification of release conditions; and
 1350         3. Proceedings in the prosecution or petition for
 1351  delinquency of the accused, including the filing of the
 1352  accusatory instrument, the arraignment, disposition of the
 1353  accusatory instrument, trial or adjudicatory hearing, sentencing
 1354  or disposition hearing, appellate review, subsequent
 1355  modification of sentence, collateral attack of a judgment, and,
 1356  when a term of imprisonment, detention, or residential
 1357  commitment is imposed, the release of the defendant or juvenile
 1358  offender from such imprisonment, detention, or residential
 1359  commitment by expiration of sentence or parole and any meeting
 1360  held to consider such release.
 1361  
 1362         A victim, a victim’s parent or guardian if the victim is a
 1363  minor, a lawful representative of the victim or of the victim’s
 1364  parent or guardian if the victim is a minor, or a victim’s next
 1365  of kin may not be excluded from any portion of any hearing,
 1366  trial, or proceeding pertaining to the offense based solely on
 1367  the fact that such person is subpoenaed to testify, unless, upon
 1368  motion, the court determines such person’s presence to be
 1369  prejudicial. The appropriate agency with respect to notification
 1370  under subparagraph 1. is the arresting law enforcement agency,
 1371  and the appropriate agency with respect to notification under
 1372  subparagraphs 2. and 3. is the Attorney General or state
 1373  attorney, unless the notification relates to a hearing
 1374  concerning parole, in which case the appropriate agency is the
 1375  Commission for Offender Assessment and Transition Parole
 1376  Commission. The Department of Corrections, the Department of
 1377  Juvenile Justice, or the sheriff is the appropriate agency with
 1378  respect to release by expiration of sentence or any other
 1379  release program provided by law. Any victim may waive
 1380  notification at any time, and such waiver shall be noted in the
 1381  agency’s files.
 1382         (f) Information concerning release from incarceration from
 1383  a county jail, municipal jail, juvenile detention facility, or
 1384  residential commitment facility.—The chief administrator, or a
 1385  person designated by the chief administrator, of a county jail,
 1386  municipal jail, juvenile detention facility, or residential
 1387  commitment facility shall, upon the request of the victim or the
 1388  appropriate next of kin of a victim or other designated contact
 1389  of the victim of any of the crimes specified in paragraph (b),
 1390  make a reasonable attempt to notify the victim or appropriate
 1391  next of kin of the victim or other designated contact prior to
 1392  the defendant’s or offender’s release from incarceration,
 1393  detention, or residential commitment if the victim notification
 1394  card has been provided pursuant to paragraph (b). If prior
 1395  notification is not successful, a reasonable attempt must be
 1396  made to notify the victim or appropriate next of kin of the
 1397  victim or other designated contact within 4 hours following the
 1398  release of the defendant or offender from incarceration,
 1399  detention, or residential commitment. If the defendant is
 1400  released following sentencing, disposition, or furlough, the
 1401  chief administrator or designee shall make a reasonable attempt
 1402  to notify the victim or the appropriate next of kin of the
 1403  victim or other designated contact within 4 hours following the
 1404  release of the defendant. If the chief administrator or designee
 1405  is unable to contact the victim or appropriate next of kin of
 1406  the victim or other designated contact by telephone, the chief
 1407  administrator or designee must send to the victim or appropriate
 1408  next of kin of the victim or other designated contact a written
 1409  notification of the defendant’s or offender’s release.
 1410         (g) Consultation with victim or guardian or family of
 1411  victim.—
 1412         1. In addition to being notified of the provisions of s.
 1413  921.143, the victim of a felony involving physical or emotional
 1414  injury or trauma or, in a case in which the victim is a minor
 1415  child or in a homicide, the guardian or family of the victim
 1416  shall be consulted by the state attorney in order to obtain the
 1417  views of the victim or family about the disposition of any
 1418  criminal or juvenile case brought as a result of such crime,
 1419  including the views of the victim or family about:
 1420         a. The release of the accused pending judicial proceedings;
 1421         b. Plea agreements;
 1422         c. Participation in pretrial diversion programs; and
 1423         d. Sentencing of the accused.
 1424         2. Upon request, the state attorney shall permit the
 1425  victim, the victim’s parent or guardian if the victim is a
 1426  minor, the lawful representative of the victim or of the
 1427  victim’s parent or guardian if the victim is a minor, or the
 1428  victim’s next of kin in the case of a homicide to review a copy
 1429  of the presentence investigation report prior to the sentencing
 1430  hearing if one was completed. Any confidential information that
 1431  pertains to medical history, mental health, or substance abuse
 1432  and any information that pertains to any other victim shall be
 1433  redacted from the copy of the report. Any person who reviews the
 1434  report pursuant to this paragraph must maintain the
 1435  confidentiality of the report and shall not disclose its
 1436  contents to any person except statements made to the state
 1437  attorney or the court.
 1438         3. When an inmate has been approved for community work
 1439  release, the Department of Corrections shall, upon request and
 1440  as provided in s. 944.605, notify the victim, the victim’s
 1441  parent or guardian if the victim is a minor, the lawful
 1442  representative of the victim or of the victim’s parent or
 1443  guardian if the victim is a minor, or the victim’s next of kin
 1444  if the victim is a homicide victim.
 1445         (h) Return of property to victim.—Law enforcement agencies
 1446  and the state attorney shall promptly return a victim’s property
 1447  held for evidentiary purposes unless there is a compelling law
 1448  enforcement reason for retaining it. The trial or juvenile court
 1449  exercising jurisdiction over the criminal or juvenile proceeding
 1450  may enter appropriate orders to implement the provisions of this
 1451  subsection, including allowing photographs of the victim’s
 1452  property to be used as evidence at the criminal trial or the
 1453  juvenile proceeding in place of the victim’s property when no
 1454  substantial evidentiary issue related thereto is in dispute.
 1455         (i) Notification to employer and explanation to creditors
 1456  of victim or witness.—A victim or witness who so requests shall
 1457  be assisted by law enforcement agencies and the state attorney
 1458  in informing his or her employer that the need for victim and
 1459  witness cooperation in the prosecution of the case may
 1460  necessitate the absence of that victim or witness from work. A
 1461  victim or witness who, as a direct result of a crime or of his
 1462  or her cooperation with law enforcement agencies or a state
 1463  attorney, is subjected to serious financial strain shall be
 1464  assisted by such agencies and state attorney in explaining to
 1465  the creditors of such victim or witness the reason for such
 1466  serious financial strain.
 1467         (j) Notification of right to request restitution.—Law
 1468  enforcement agencies and the state attorney shall inform the
 1469  victim of the victim’s right to request and receive restitution
 1470  pursuant to s. 775.089 or s. 985.437, and of the victim’s rights
 1471  of enforcement under ss. 775.089(6) and 985.0301 in the event an
 1472  offender does not comply with a restitution order. The state
 1473  attorney shall seek the assistance of the victim in the
 1474  documentation of the victim’s losses for the purpose of
 1475  requesting and receiving restitution. In addition, the state
 1476  attorney shall inform the victim if and when restitution is
 1477  ordered. If an order of restitution is converted to a civil lien
 1478  or civil judgment against the defendant, the clerks shall make
 1479  available at their office, as well as on their website,
 1480  information provided by the Secretary of State, the court, or
 1481  The Florida Bar on enforcing the civil lien or judgment.
 1482         (k) Notification of right to submit impact statement.—The
 1483  state attorney shall inform the victim of the victim’s right to
 1484  submit an oral or written impact statement pursuant to s.
 1485  921.143 and shall assist in the preparation of such statement if
 1486  necessary.
 1487         (l) Local witness coordination services.—The requirements
 1488  for notification provided for in paragraphs (c), (d), and (i)
 1489  may be performed by the state attorney or public defender for
 1490  their own witnesses.
 1491         (m) Victim assistance education and training.—Victim
 1492  assistance education and training shall be offered to persons
 1493  taking courses at law enforcement training facilities and to
 1494  state attorneys and assistant state attorneys so that victims
 1495  may be promptly, properly, and completely assisted.
 1496         (n) General victim assistance.—Victims and witnesses shall
 1497  be provided with such other assistance, such as transportation,
 1498  parking, separate pretrial waiting areas, and translator
 1499  services in attending court, as is practicable.
 1500         (o) Victim’s rights information card or brochure.—A victim
 1501  of a crime shall be provided with a victim’s rights information
 1502  card or brochure containing essential information concerning the
 1503  rights of a victim and services available to a victim as
 1504  required by state law.
 1505         (p) Information concerning escape from a state correctional
 1506  institution, county jail, juvenile detention facility, or
 1507  residential commitment facility.—In any case where an offender
 1508  escapes from a state correctional institution, private
 1509  correctional facility, county jail, juvenile detention facility,
 1510  or residential commitment facility, the institution of
 1511  confinement shall immediately notify the state attorney of the
 1512  jurisdiction where the criminal charge or petition for
 1513  delinquency arose and the judge who imposed the sentence of
 1514  incarceration. The state attorney shall thereupon make every
 1515  effort to notify the victim, material witness, parents or legal
 1516  guardian of a minor who is a victim or witness, or immediate
 1517  relatives of a homicide victim of the escapee. The state
 1518  attorney shall also notify the sheriff of the county where the
 1519  criminal charge or petition for delinquency arose. The sheriff
 1520  shall offer assistance upon request. When an escaped offender is
 1521  subsequently captured or is captured and returned to the
 1522  institution of confinement, the institution of confinement shall
 1523  again immediately notify the appropriate state attorney and
 1524  sentencing judge pursuant to this section.
 1525         (q) Presence of victim advocate during discovery
 1526  deposition; testimony of victim of a sexual offense.—At the
 1527  request of the victim or the victim’s parent, guardian, or
 1528  lawful representative, the victim advocate designated by state
 1529  attorney’s office, sheriff’s office, or municipal police
 1530  department, or one representative from a not-for-profit victim
 1531  services organization, including, but not limited to, rape
 1532  crisis centers, domestic violence advocacy groups, and alcohol
 1533  abuse or substance abuse groups shall be permitted to attend and
 1534  be present during any deposition of the victim. The victim of a
 1535  sexual offense shall be informed of the right to have the
 1536  courtroom cleared of certain persons as provided in s. 918.16
 1537  when the victim is testifying concerning that offense.
 1538         (r) Implementing crime prevention in order to protect the
 1539  safety of persons and property, as prescribed in the State
 1540  Comprehensive Plan.—By preventing crimes that create victims or
 1541  further harm former victims, crime prevention efforts are an
 1542  essential part of providing effective service for victims and
 1543  witnesses. Therefore, the agencies identified in this subsection
 1544  may participate in and expend funds for crime prevention, public
 1545  awareness, public participation, and educational activities
 1546  directly relating to, and in furtherance of, existing public
 1547  safety statutes. Furthermore, funds may not be expended for the
 1548  purpose of influencing public opinion on public policy issues
 1549  that have not been resolved by the Legislature or the
 1550  electorate.
 1551         (s) Attendance of victim at same school as defendant.—When
 1552  the victim of an offense committed by a juvenile is a minor, the
 1553  Department of Juvenile Justice shall request information to
 1554  determine if the victim, or any sibling of the victim, attends
 1555  or is eligible to attend the same school as the offender.
 1556  However, if the offender is subject to a presentence
 1557  investigation by the Department of Corrections, the Department
 1558  of Corrections shall make such request. If the victim or any
 1559  sibling of the victim attends or is eligible to attend the same
 1560  school as that of the offender, the appropriate agency shall
 1561  notify the victim’s parent or legal guardian of the right to
 1562  attend the sentencing or disposition of the offender and request
 1563  that the offender be required to attend a different school.
 1564         (t) Use of a polygraph examination or other truth-telling
 1565  device with victim.—No law enforcement officer, prosecuting
 1566  attorney, or other government official shall ask or require an
 1567  adult, youth, or child victim of an alleged sexual battery as
 1568  defined in chapter 794 or other sexual offense to submit to a
 1569  polygraph examination or other truth-telling device as a
 1570  condition of proceeding with the investigation of such an
 1571  offense. The refusal of a victim to submit to such an
 1572  examination shall not prevent the investigation, charging, or
 1573  prosecution of the offense.
 1574         (u) Presence of victim advocates during forensic medical
 1575  examination.—At the request of the victim or the victim’s
 1576  parent, guardian, or lawful representative, a victim advocate
 1577  from a certified rape crisis center shall be permitted to attend
 1578  any forensic medical examination.
 1579         Section 55. Subsection (3) of section 960.17, Florida
 1580  Statutes, is amended to read:
 1581         960.17 Award constitutes debt owed to state.—
 1582         (3) The Commission for Offender Assessment and Transition
 1583  Parole Commission shall make the payment of the debt to the
 1584  state a condition of parole under chapter 947, unless the
 1585  commission finds reasons to the contrary. If the commission does
 1586  not order payment, or orders only partial payment, it shall
 1587  state on the record the reasons therefor.
 1588         Section 56. Subsection (1) of section 985.04, Florida
 1589  Statutes, is amended to read:
 1590         985.04 Oaths; records; confidential information.—
 1591         (1) Except as provided in subsections (2), (3), (6), and
 1592  (7) and s. 943.053, all information obtained under this chapter
 1593  in the discharge of official duty by any judge, any employee of
 1594  the court, any authorized agent of the department, the
 1595  Commission for Offender Assessment and Transition Parole
 1596  Commission, the Department of Corrections, the juvenile justice
 1597  circuit boards, any law enforcement agent, or any licensed
 1598  professional or licensed community agency representative
 1599  participating in the assessment or treatment of a juvenile is
 1600  confidential and may be disclosed only to the authorized
 1601  personnel of the court, the department and its designees, the
 1602  Department of Corrections, the Commission for Offender
 1603  Assessment and Transition Parole Commission, law enforcement
 1604  agents, school superintendents and their designees, any licensed
 1605  professional or licensed community agency representative
 1606  participating in the assessment or treatment of a juvenile, and
 1607  others entitled under this chapter to receive that information,
 1608  or upon order of the court. Within each county, the sheriff, the
 1609  chiefs of police, the district school superintendent, and the
 1610  department shall enter into an interagency agreement for the
 1611  purpose of sharing information about juvenile offenders among
 1612  all parties. The agreement must specify the conditions under
 1613  which summary criminal history information is to be made
 1614  available to appropriate school personnel, and the conditions
 1615  under which school records are to be made available to
 1616  appropriate department personnel. Such agreement shall require
 1617  notification to any classroom teacher of assignment to the
 1618  teacher’s classroom of a juvenile who has been placed in a
 1619  probation or commitment program for a felony offense. The
 1620  agencies entering into such agreement must comply with s.
 1621  943.0525, and must maintain the confidentiality of information
 1622  that is otherwise exempt from s. 119.07(1), as provided by law.
 1623         Section 57. Subsection (2) of section 985.045, Florida
 1624  Statutes, is amended to read:
 1625         985.045 Court records.—
 1626         (2) The clerk shall keep all official records required by
 1627  this section separate from other records of the circuit court,
 1628  except those records pertaining to motor vehicle violations,
 1629  which shall be forwarded to the Department of Highway Safety and
 1630  Motor Vehicles. Except as provided in ss. 943.053 and
 1631  985.04(6)(b) and (7), official records required by this chapter
 1632  are not open to inspection by the public, but may be inspected
 1633  only upon order of the court by persons deemed by the court to
 1634  have a proper interest therein, except that a child and the
 1635  parents, guardians, or legal custodians of the child and their
 1636  attorneys, law enforcement agencies, the Department of Juvenile
 1637  Justice and its designees, the Commission for Offender
 1638  Assessment and Transition Parole Commission, the Department of
 1639  Corrections, and the Justice Administrative Commission shall
 1640  always have the right to inspect and copy any official record
 1641  pertaining to the child. The court may permit authorized
 1642  representatives of recognized organizations compiling statistics
 1643  for proper purposes to inspect, and make abstracts from,
 1644  official records under whatever conditions upon the use and
 1645  disposition of such records the court may deem proper and may
 1646  punish by contempt proceedings any violation of those
 1647  conditions.
 1648         Section 58. This act shall take effect July 1, 2009.