Florida Senate - 2009                             CS for SB 1728
       
       
       
       By the Committee on Criminal and Civil Justice Appropriations;
       and Senator Crist
       
       
       
       604-04042-09                                          20091728c1
    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, F.S.; changing the name of the
   13         Parole Commission to the Commission for Offender
   14         Assessment and Transition; providing an effective
   15         date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Paragraph (f) of subsection (7) of section
   20  11.905, Florida Statutes, is amended to read:
   21         11.905 Schedule for reviewing state agencies and advisory
   22  committees.—The following state agencies, including their
   23  advisory committees, or the following advisory committees of
   24  agencies shall be reviewed according to the following schedule:
   25         (7) Reviewed by July 1, 2020:
   26         (f) Commission for Offender Assessment and Transition
   27  Parole Commission.
   28  
   29  Upon completion of this cycle, each agency shall again be
   30  subject to sunset review 10 years after its initial review.
   31         Section 2. Subsections (9) and (10) of section 20.315,
   32  Florida Statutes, are amended to read:
   33         20.315 Department of Corrections.—There is created a
   34  Department of Corrections.
   35         (9) FORM OF COMMITMENT; NOTICE OF PAROLE VIOLATION.—All
   36  commitments shall state the statutory authority therefor. The
   37  Secretary of Corrections shall have the authority to prescribe
   38  the form to be used for commitments. Nothing in this act shall
   39  be construed to abridge the authority and responsibility of the
   40  Commission for Offender Assessment and Transition Parole
   41  Commission with respect to the granting and revocation of
   42  parole. The Department of Corrections shall notify the
   43  Commission for Offender Assessment and Transition Parole
   44  Commission of all violations of parole conditions and provide
   45  reports connected thereto as may be requested by the commission.
   46  The commission shall have the authority to issue orders dealing
   47  with supervision of specific parolees, and such orders shall be
   48  binding on all parties.
   49         (10) SINGLE INFORMATION AND RECORDS SYSTEM.—There shall be
   50  only one offender-based information and records computer system
   51  maintained by the Department of Corrections for the joint use of
   52  the department and the Commission for Offender Assessment and
   53  Transition Parole Commission. This data system shall be is
   54  managed through the department’s Justice Data Center, which is
   55  hereby transferred to the department under this act pursuant to
   56  a type two transfer authorized under s. 20.06(2). The department
   57  shall develop and maintain, in consultation with the Criminal
   58  and Juvenile Justice Information Systems Council under s.
   59  943.08, such offender-based information, including clemency
   60  administration information and other computer services system
   61  designed to serve the needs of both the department and the
   62  Commission for Offender Assessment and Transition Parole
   63  Commission. The department shall notify the commission of all
   64  violations of parole and the circumstances thereof.
   65         Section 3. Section 20.32, Florida Statutes, is amended to
   66  read:
   67         20.32 Commission for Offender Assessment and Transition
   68  Parole Commission.—
   69         (1) The Parole and Probation Commission, authorized by s.
   70  8(c), Art. IV, State Constitution of 1968, is continued and
   71  renamed the Commission for Offender Assessment and Transition
   72  Parole Commission. The commission retains its powers, duties,
   73  and functions with respect to the granting and revoking of
   74  parole and shall exercise powers, duties, and functions relating
   75  to investigations of applications for clemency as directed by
   76  the Governor and the Cabinet.
   77         (2) All powers, duties, and functions relating to the
   78  appointment of the Commission for Offender Assessment and
   79  Transition Parole Commission as provided in s. 947.02 or s.
   80  947.021 shall be exercised and performed by the Governor and the
   81  Cabinet. Except as provided in s. 947.021, each appointment
   82  shall be made from among the first three eligible persons on the
   83  list of the persons eligible for said position.
   84         (3) The commission may require any employee of the
   85  commission to give a bond for the faithful performance of his or
   86  her duties. The commission may determine the amount of the bond
   87  and must approve the bond. In determining the amount of the
   88  bond, the commission may consider the amount of money or
   89  property likely to be in custody of the officer or employee at
   90  any one time. The premiums for the bonds must be paid out of the
   91  funds of the commission.
   92         Section 4. Subsection (1) of section 23.21, Florida
   93  Statutes, is amended to read:
   94         23.21 Definitions.—For purposes of this part:
   95         (1) “Department” means a principal administrative unit
   96  within the executive branch of state government, as defined in
   97  chapter 20, and includes the State Board of Administration, the
   98  Executive Office of the Governor, the Fish and Wildlife
   99  Conservation Commission, the Commission for Offender Assessment
  100  and Transition Parole Commission, the Agency for Health Care
  101  Administration, the State Board of Education, the Board of
  102  Governors of the State University System, the Justice
  103  Administrative Commission, the capital collateral regional
  104  counsel, and separate budget entities placed for administrative
  105  purposes within a department.
  106         Section 5. Paragraph (b) of subsection (2) of section
  107  112.011, Florida Statutes, is amended to read:
  108         112.011 Felons; removal of disqualifications for
  109  employment, exceptions.—
  110         (2)
  111         (b) This section shall not be applicable to the employment
  112  practices of any fire department relating to the hiring of
  113  firefighters. An applicant for employment with any fire
  114  department with a prior felony conviction shall be excluded from
  115  employment for a period of 4 years after expiration of sentence
  116  or final release by the Commission for Offender Assessment and
  117  Transition Parole Commission unless the applicant, prior to the
  118  expiration of the 4-year period, has received a full pardon or
  119  has had his or her civil rights restored.
  120         Section 6. Subsection (1) of section 186.005, Florida
  121  Statutes, is amended to read:
  122         186.005 Designation of departmental planning officer.—
  123         (1) The head of each executive department and the Public
  124  Service Commission, the Fish and Wildlife Conservation
  125  Commission, the Commission for Offender Assessment and
  126  Transition Parole Commission, and the Department of Military
  127  Affairs shall select from within such agency a person to be
  128  designated as the planning officer for such agency. The planning
  129  officer shall be responsible for coordinating with the Executive
  130  Office of the Governor and with the planning officers of other
  131  agencies all activities and responsibilities of such agency
  132  relating to planning.
  133         Section 7. Subsection (3) of section 255.502, Florida
  134  Statutes, is amended to read:
  135         255.502 Definitions; ss. 255.501-255.525.—As used in this
  136  act, the following words and terms shall have the following
  137  meanings unless the context otherwise requires:
  138         (3) “Agency” means any department created by chapter 20,
  139  the Executive Office of the Governor, the Fish and Wildlife
  140  Conservation Commission, the Commission for Offender Assessment
  141  and Transition Parole Commission, the State Board of
  142  Administration, the Department of Military Affairs, or the
  143  Legislative Branch or the Judicial Branch of state government.
  144         Section 8. Paragraph (e) of subsection (3) of section
  145  311.12, Florida Statutes, is amended to read:
  146         311.12 Seaport security standards; inspections; compliance;
  147  appeals.—
  148         (3)
  149         (e) The Department of Law Enforcement shall establish a
  150  waiver process to allow unescorted access to an individual who
  151  is found to be unqualified under paragraph (c) and denied
  152  employment by a seaport. The waiver consideration shall be based
  153  on the circumstances of any disqualifying act or offense,
  154  restitution made by the individual, and other factors from which
  155  it may be determined that the individual does not pose a risk of
  156  engaging in theft, drug trafficking, or terrorism within the
  157  public seaports regulated under this chapter or of harming any
  158  person. The waiver process shall begin when an individual who
  159  has been denied initial employment within or regular unescorted
  160  access to restricted areas of a public seaport as described in
  161  paragraph (c) submits an application for a waiver and notarized
  162  letter or affidavit from the individual’s employer or union
  163  representative which states the mitigating reasons for
  164  initiating the waiver process. No later than 90 days after
  165  receipt of the application, the administrative staff of the
  166  Commission for Offender Assessment and Transition Parole
  167  Commission shall conduct a factual review of the waiver
  168  application. Findings of fact shall be transmitted to the
  169  Department of Law Enforcement for review. The department shall
  170  make a copy of those findings available to the applicant before
  171  final disposition of the waiver request. The department shall
  172  make a final disposition of the waiver request based on the
  173  factual findings of the investigation by the Commission for
  174  Offender Assessment and Transition Parole Commission. The
  175  department shall notify the waiver applicant and the port
  176  authority that originally denied employment to the applicant of
  177  the final disposition of the waiver. The review process under
  178  this paragraph is exempt from chapter 120.
  179         Section 9. Paragraph (c) of subsection (1) of section
  180  322.16, Florida Statutes, is amended to read:
  181         322.16 License restrictions.—
  182         (1)
  183         (c) The department may further, at any time, impose other
  184  restrictions on the use of the license with respect to time and
  185  purpose of use or may impose any other condition or restriction
  186  upon recommendation of any court, of the Commission for Offender
  187  Assessment and Transition Parole Commission, or of the
  188  Department of Corrections with respect to any individual who is
  189  under the jurisdiction, supervision, or control of the entity
  190  that made the recommendation.
  191         Section 10. Section 394.926, Florida Statutes, is amended
  192  to read:
  193         394.926 Notice to victims of release of persons committed
  194  as sexually violent predators; notice to Department of
  195  Corrections and Commission for Offender Assessment and
  196  Transition Parole Commission.—
  197         (1) As soon as is practicable, the department shall give
  198  written notice of the release of a person committed as a
  199  sexually violent predator to any victim of the committed person
  200  who is alive and whose address is known to the department or, if
  201  the victim is deceased, to the victim’s family, if the family’s
  202  address is known to the department. Failure to notify is not a
  203  reason for postponement of release. This section does not create
  204  a cause of action against the state or an employee of the state
  205  acting within the scope of the employee’s employment as a result
  206  of the failure to notify pursuant to this part.
  207         (2) If a sexually violent predator who has an active or
  208  pending term of probation, community control, parole,
  209  conditional release, or other court-ordered or postprison
  210  release supervision is released from custody, the department
  211  must immediately notify the Department of Corrections’ Office of
  212  Community Corrections in Tallahassee. The Commission for
  213  Offender Assessment and Transition Parole Commission must also
  214  be immediately notified of any releases of a sexually violent
  215  predator who has an active or pending term of parole,
  216  conditional release, or other postprison release supervision
  217  that is administered by the Commission for Offender Assessment
  218  and Transition Parole Commission.
  219         Section 11. Section 394.927, Florida Statutes, is amended
  220  to read:
  221         394.927 Escape while in lawful custody; notice to victim;
  222  notice to the Department of Corrections and Commission for
  223  Offender Assessment and Transition Parole Commission.—
  224         (1) A person who is held in lawful custody pursuant to a
  225  judicial finding of probable cause under s. 394.915 or pursuant
  226  to a commitment as a sexually violent predator under s. 394.916
  227  and who escapes or attempts to escape while in such custody
  228  commits a felony of the second degree, punishable as provided in
  229  s. 775.082, s. 775.083, or s. 775.084.
  230         (2) If a person who is held in custody pursuant to a
  231  finding of probable cause or commitment as a sexually violent
  232  predator escapes while in custody, the department shall
  233  immediately notify the victim in accordance with s. 394.926. The
  234  state attorney that filed the petition for civil commitment of
  235  the escapee must also be immediately notified by the department.
  236  If the escapee has an active or pending term of probation,
  237  community control, parole, conditional release, or other court
  238  ordered or postprison release supervision, the department shall
  239  also immediately notify the Department of Corrections’ Office of
  240  Community Corrections in Tallahassee. The Commission for
  241  Offender Assessment and Transition Parole Commission shall also
  242  be immediately notified of an escape if the escapee has an
  243  active or pending term of parole, conditional release, or other
  244  postprison release supervision that is administered by the
  245  Commission for Offender Assessment and Transition Parole
  246  Commission.
  247         Section 12. Subsection (4) of section 775.089, Florida
  248  Statutes, is amended to read:
  249         775.089 Restitution.—
  250         (4) If a defendant is placed on probation or paroled,
  251  complete satisfaction of any restitution ordered under this
  252  section shall be a condition of such probation or parole. The
  253  court may revoke probation, and the Commission for Offender
  254  Assessment and Transition Parole Commission may revoke parole,
  255  if the defendant fails to comply with such order.
  256         Section 13. Subsection (1) and paragraphs (a) and (b) of
  257  subsection (2) of section 775.16, Florida Statutes, are amended
  258  to read:
  259         775.16 Drug offenses; additional penalties.—In addition to
  260  any other penalty provided by law, a person who has been
  261  convicted of sale of or trafficking in, or conspiracy to sell or
  262  traffic in, a controlled substance under chapter 893, if such
  263  offense is a felony, or who has been convicted of an offense
  264  under the laws of any state or country which, if committed in
  265  this state, would constitute the felony of selling or
  266  trafficking in, or conspiracy to sell or traffic in, a
  267  controlled substance under chapter 893, is:
  268         (1) Disqualified from applying for employment by any agency
  269  of the state, unless:
  270         (a) The person has completed all sentences of imprisonment
  271  or supervisory sanctions imposed by the court, by the Commission
  272  for Offender Assessment and Transition Parole Commission, or by
  273  law; or
  274         (b) The person has complied with the conditions of
  275  subparagraphs 1. and 2. which shall be monitored by the
  276  Department of Corrections while the person is under any
  277  supervisory sanctions. The person under supervision may:
  278         1. Seek evaluation and enrollment in, and once enrolled
  279  maintain enrollment in until completion, a drug treatment and
  280  rehabilitation program which is approved by the Department of
  281  Children and Family Services, unless it is deemed by the program
  282  that the person does not have a substance abuse problem. The
  283  treatment and rehabilitation program may be specified by:
  284         a. The court, in the case of court-ordered supervisory
  285  sanctions;
  286         b. The Commission for Offender Assessment and Transition
  287  Parole Commission, in the case of parole, control release, or
  288  conditional release; or
  289         c. The Department of Corrections, in the case of
  290  imprisonment or any other supervision required by law.
  291         2. Submit to periodic urine drug testing pursuant to
  292  procedures prescribed by the Department of Corrections. If the
  293  person is indigent, the costs shall be paid by the Department of
  294  Corrections.
  295         (2) Disqualified from applying for a license, permit, or
  296  certificate required by any agency of the state to practice,
  297  pursue, or engage in any occupation, trade, vocation,
  298  profession, or business, unless:
  299         (a) The person has completed all sentences of imprisonment
  300  or supervisory sanctions imposed by the court, by the Commission
  301  for Offender Assessment and Transition Parole Commission, or by
  302  law;
  303         (b) The person has complied with the conditions of
  304  subparagraphs 1. and 2. which shall be monitored by the
  305  Department of Corrections while the person is under any
  306  supervisory sanction. If the person fails to comply with
  307  provisions of these subparagraphs by either failing to maintain
  308  treatment or by testing positive for drug use, the department
  309  shall notify the licensing, permitting, or certifying agency,
  310  which may refuse to reissue or reinstate such license, permit,
  311  or certification. The licensee, permittee, or certificateholder
  312  under supervision may:
  313         1. Seek evaluation and enrollment in, and once enrolled
  314  maintain enrollment in until completion, a drug treatment and
  315  rehabilitation program which is approved or regulated by the
  316  Department of Children and Family Services, unless it is deemed
  317  by the program that the person does not have a substance abuse
  318  problem. The treatment and rehabilitation program may be
  319  specified by:
  320         a. The court, in the case of court-ordered supervisory
  321  sanctions;
  322         b. The Commission for Offender Assessment and Transition
  323  Parole Commission, in the case of parole, control release, or
  324  conditional release; or
  325         c. The Department of Corrections, in the case of
  326  imprisonment or any other supervision required by law.
  327         2. Submit to periodic urine drug testing pursuant to
  328  procedures prescribed by the Department of Corrections. If the
  329  person is indigent, the costs shall be paid by the Department of
  330  Corrections; or
  331  
  332  The provisions of this section do not apply to any of the taxes,
  333  fees, or permits regulated, controlled, or administered by the
  334  Department of Revenue in accordance with the provisions of s.
  335  213.05.
  336         Section 14. Paragraph (a) of subsection (1) of section
  337  784.07, Florida Statutes, is amended to read:
  338         784.07 Assault or battery of law enforcement officers,
  339  firefighters, emergency medical care providers, public transit
  340  employees or agents, or other specified officers;
  341  reclassification of offenses; minimum sentences.—
  342         (1) As used in this section, the term:
  343         (a) “Law enforcement officer” includes a law enforcement
  344  officer, a correctional officer, a correctional probation
  345  officer, a part-time law enforcement officer, a part-time
  346  correctional officer, an auxiliary law enforcement officer, and
  347  an auxiliary correctional officer, as those terms are
  348  respectively defined in s. 943.10, and any county probation
  349  officer; an employee or agent of the Department of Corrections
  350  who supervises or provides services to inmates; an officer of
  351  the Commission for Offender Assessment and Transition Parole
  352  Commission; a federal law enforcement officer as defined in s.
  353  901.1505; and law enforcement personnel of the Fish and Wildlife
  354  Conservation Commission, the Department of Environmental
  355  Protection, or the Department of Law Enforcement.
  356         Section 15. Paragraph (b) of subsection (2) of section
  357  784.078, Florida Statutes, is amended to read:
  358         784.078 Battery of facility employee by throwing, tossing,
  359  or expelling certain fluids or materials.—
  360         (2)
  361         (b) “Employee” includes any person who is a parole examiner
  362  with the Florida Commission for Offender Assessment and
  363  Transition Parole Commission.
  364         Section 16. Section 843.01, Florida Statutes, is amended to
  365  read:
  366         843.01 Resisting officer with violence to his or her
  367  person.—Whoever knowingly and willfully resists, obstructs, or
  368  opposes any officer as defined in s. 943.10(1), (2), (3), (6),
  369  (7), (8), or (9); member of the Commission for Offender
  370  Assessment and Transition Parole Commission or any
  371  administrative aide or supervisor employed by the commission;
  372  parole and probation supervisor; county probation officer;
  373  personnel or representative of the Department of Law
  374  Enforcement; or other person legally authorized to execute
  375  process in the execution of legal process or in the lawful
  376  execution of any legal duty, by offering or doing violence to
  377  the person of such officer or legally authorized person, is
  378  guilty of a felony of the third degree, punishable as provided
  379  in s. 775.082, s. 775.083, or s. 775.084.
  380         Section 17. Section 843.02, Florida Statutes, is amended to
  381  read:
  382         843.02 Resisting officer without violence to his or her
  383  person.—Whoever shall resist, obstruct, or oppose any officer as
  384  defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member
  385  of the Commission for Offender Assessment and Transition Parole
  386  Commission or any administrative aide or supervisor employed by
  387  the commission; county probation officer; parole and probation
  388  supervisor; personnel or representative of the Department of Law
  389  Enforcement; or other person legally authorized to execute
  390  process in the execution of legal process or in the lawful
  391  execution of any legal duty, without offering or doing violence
  392  to the person of the officer, shall be guilty of a misdemeanor
  393  of the first degree, punishable as provided in s. 775.082 or s.
  394  775.083.
  395         Section 18. Section 843.08, Florida Statutes, is amended to
  396  read:
  397         843.08 Falsely personating officer, etc.—A person who
  398  falsely assumes or pretends to be a sheriff, officer of the
  399  Florida Highway Patrol, officer of the Fish and Wildlife
  400  Conservation Commission, officer of the Department of
  401  Environmental Protection, officer of the Department of
  402  Transportation, officer of the Department of Financial Services,
  403  officer of the Department of Corrections, correctional probation
  404  officer, deputy sheriff, state attorney or assistant state
  405  attorney, statewide prosecutor or assistant statewide
  406  prosecutor, state attorney investigator, coroner, police
  407  officer, lottery special agent or lottery investigator, beverage
  408  enforcement agent, or watchman, or any member of the Commission
  409  for Offender Assessment and Transition Parole Commission and any
  410  administrative aide or supervisor employed by the commission, or
  411  any personnel or representative of the Department of Law
  412  Enforcement, or a federal law enforcement officer as defined in
  413  s. 901.1505, and takes upon himself or herself to act as such,
  414  or to require any other person to aid or assist him or her in a
  415  matter pertaining to the duty of any such officer, commits a
  416  felony of the third degree, punishable as provided in s.
  417  775.082, s. 775.083, or s. 775.084; however, a person who
  418  falsely personates any such officer during the course of the
  419  commission of a felony commits a felony of the second degree,
  420  punishable as provided in s. 775.082, s. 775.083, or s. 775.084;
  421  except that if the commission of the felony results in the death
  422  or personal injury of another human being, the person commits a
  423  felony of the first degree, punishable as provided in s.
  424  775.082, s. 775.083, or s. 775.084.
  425         Section 19. Paragraph (a) of subsection (1) of section
  426  893.11, Florida Statutes, is amended to read:
  427         893.11 Suspension, revocation, and reinstatement of
  428  business and professional licenses.—Upon the conviction in any
  429  court of competent jurisdiction of any person holding a license,
  430  permit, or certificate issued by a state agency, for sale of, or
  431  trafficking in, a controlled substance or for conspiracy to
  432  sell, or traffic in, a controlled substance, if such offense is
  433  a felony, the clerk of said court shall send a certified copy of
  434  the judgment of conviction with the person’s license number,
  435  permit number, or certificate number on the face of such
  436  certified copy to the agency head by whom the convicted
  437  defendant has received a license, permit, or certificate to
  438  practice his or her profession or to carry on his or her
  439  business. Such agency head shall suspend or revoke the license,
  440  permit, or certificate of the convicted defendant to practice
  441  his or her profession or to carry on his or her business. Upon a
  442  showing by any such convicted defendant whose license, permit,
  443  or certificate has been suspended or revoked pursuant to this
  444  section that his or her civil rights have been restored or upon
  445  a showing that the convicted defendant meets the following
  446  criteria, the agency head may reinstate or reactivate such
  447  license, permit, or certificate when:
  448         (1) The person has complied with the conditions of
  449  paragraphs (a) and (b) which shall be monitored by the
  450  Department of Corrections while the person is under any
  451  supervisory sanction. If the person fails to comply with
  452  provisions of these paragraphs by either failing to maintain
  453  treatment or by testing positive for drug use, the department
  454  shall notify the licensing, permitting, or certifying agency,
  455  which shall revoke the license, permit, or certification. The
  456  person under supervision may:
  457         (a) Seek evaluation and enrollment in, and once enrolled
  458  maintain enrollment in until completion, a drug treatment and
  459  rehabilitation program which is approved or regulated by the
  460  Department of Children and Family Services. The treatment and
  461  rehabilitation program shall be specified by:
  462         1. The court, in the case of court-ordered supervisory
  463  sanctions;
  464         2. The Commission for Offender Assessment and Transition
  465  Parole Commission, in the case of parole, control release, or
  466  conditional release; or
  467         3. The Department of Corrections, in the case of
  468  imprisonment or any other supervision required by law.
  469  
  470  This section does not apply to any of the taxes, fees, or
  471  permits regulated, controlled, or administered by the Department
  472  of Revenue in accordance with s. 213.05.
  473         Section 20. Paragraph (a) of subsection (9) of section
  474  921.001, Florida Statutes, is amended to read:
  475         921.001 Sentencing Commission and sentencing guidelines
  476  generally.—
  477         (9)(a) The Sentencing Commission and the office of the
  478  State Courts Administrator shall conduct ongoing research on the
  479  impact of the sentencing guidelines, the use of imprisonment and
  480  alternatives to imprisonment, and plea bargaining. The
  481  commission, with the aid of the office of the State Courts
  482  Administrator, the Department of Corrections, and the Commission
  483  for Offender Assessment and Transition Parole Commission, shall
  484  estimate the impact of any proposed changes to the sentencing
  485  guidelines on future rates of incarceration and levels of prison
  486  population, based in part on historical data of sentencing
  487  practices which have been accumulated by the office of the State
  488  Courts Administrator and on Department of Corrections records
  489  reflecting average time served for offenses covered by the
  490  proposed changes to the guidelines. The commission shall review
  491  the projections of impact and shall make them available to other
  492  appropriate agencies of state government, including the
  493  Legislature, by October 1 of each year.
  494         Section 21. Subsection (2) of section 921.16, Florida
  495  Statutes, is amended to read:
  496         921.16 When sentences to be concurrent and when
  497  consecutive.—
  498         (2) A county court or circuit court of this state may
  499  direct that the sentence imposed by such court be served
  500  concurrently with a sentence imposed by a court of another state
  501  or of the United States or, for purposes of this section,
  502  concurrently with a sentence to be imposed in another
  503  jurisdiction. In such case, the Department of Corrections may
  504  designate the correctional institution of the other jurisdiction
  505  as the place for reception and confinement of such person and
  506  may also designate the place in Florida for reception and
  507  confinement of such person in the event that confinement in the
  508  other jurisdiction terminates before the expiration of the
  509  Florida sentence. The sheriff shall forward commitment papers
  510  and other documents specified in s. 944.17 to the department.
  511  Upon imposing such a sentence, the court shall notify the
  512  Commission for Offender Assessment and Transition Parole
  513  Commission as to the jurisdiction in which the sentence is to be
  514  served. Any prisoner so released to another jurisdiction shall
  515  be eligible for consideration for parole by the Commission for
  516  Offender Assessment and Transition Parole Commission pursuant to
  517  the provisions of chapter 947, except that the commission shall
  518  determine the presumptive parole release date and the effective
  519  parole release date by requesting such person’s file from the
  520  receiving jurisdiction. Upon receiving such records, the
  521  commission shall determine these release dates based on the
  522  relevant information in that file and shall give credit toward
  523  reduction of the Florida sentence for gain-time granted by the
  524  jurisdiction where the inmate is serving the sentence. The
  525  Commission for Offender Assessment and Transition Parole
  526  Commission may concur with the parole release decision of the
  527  jurisdiction granting parole and accepting supervision.
  528         Section 22. Section 921.20, Florida Statutes, is amended to
  529  read:
  530         921.20 Classification summary; Commission for Offender
  531  Assessment and Transition Parole Commission.—As soon as possible
  532  after a prisoner has been placed in the custody of the
  533  Department of Corrections, the classification board shall
  534  furnish a classification summary to the Commission for Offender
  535  Assessment and Transition Parole Commission for use as provided
  536  in s. 947.14. The summary shall include the criminal, personal,
  537  social, and environmental background and other relevant factors
  538  considered in classifying the prisoner for a penal environment
  539  best suited for the prisoner’s rapid rehabilitation.
  540         Section 23. Section 921.21, Florida Statutes, is amended to
  541  read:
  542         921.21 Progress reports to Commission for Offender
  543  Assessment and Transition Parole Commission.—From time to time
  544  the Department of Corrections shall submit to the Commission for
  545  Offender Assessment and Transition Parole Commission progress
  546  reports and recommendations regarding prisoners sentenced under
  547  s. 921.18. When the classification board of the Department of
  548  Corrections determines that justice and the public welfare will
  549  best be served by paroling or discharging a prisoner, it shall
  550  transmit its finding to the Commission for Offender Assessment
  551  and Transition Parole Commission. The commission shall have the
  552  authority to place the prisoner on parole as provided by law or
  553  give the prisoner a full discharge from custody. The period of a
  554  parole granted by the Commission for Offender Assessment and
  555  Transition Parole Commission shall be in its discretion, but the
  556  parole period shall not exceed the maximum term for which the
  557  prisoner was sentenced.
  558         Section 24. Section 921.22, Florida Statutes, is amended to
  559  read:
  560         921.22 Determination of exact period of imprisonment by
  561  Commission for Offender Assessment and Transition Parole
  562  Commission.—Upon the recommendation of the Department of
  563  Corrections, the Commission for Offender Assessment and
  564  Transition Parole Commission shall have the authority to
  565  determine the exact period of imprisonment to be served by
  566  defendants sentenced under the provisions of s. 921.18, but a
  567  prisoner shall not be held in custody longer than the maximum
  568  sentence provided for the offense.
  569         Section 25. Section 940.03, Florida Statutes, is amended to
  570  read:
  571         940.03 Application for executive clemency.—When any person
  572  intends to apply for remission of any fine or forfeiture or the
  573  commutation of any punishment, or for pardon or restoration of
  574  civil rights, he or she shall request an application form from
  575  the Commission for Offender Assessment and Transition Parole
  576  Commission in compliance with such rules regarding application
  577  for executive clemency as are adopted by the Governor with the
  578  approval of two members of the Cabinet. Such application may
  579  require the submission of a certified copy of the applicant’s
  580  indictment or information, the judgment adjudicating the
  581  applicant to be guilty, and the sentence, if sentence has been
  582  imposed, and may also require the applicant to send a copy of
  583  the application to the judge and prosecuting attorney of the
  584  court in which the applicant was convicted, notifying them of
  585  the applicant’s intent to apply for executive clemency. An
  586  application for executive clemency for a person who is sentenced
  587  to death must be filed within 1 year after the date the Supreme
  588  Court issues a mandate on a direct appeal or the United States
  589  Supreme Court denies a petition for certiorari, whichever is
  590  later.
  591         Section 26. Subsection (3) of section 940.05, Florida
  592  Statutes, is amended to read:
  593         940.05 Restoration of civil rights.—Any person who has been
  594  convicted of a felony may be entitled to the restoration of all
  595  the rights of citizenship enjoyed by him or her prior to
  596  conviction if the person has:
  597         (3) Been granted his or her final release by the Commission
  598  for Offender Assessment and Transition Parole Commission.
  599         Section 27. Subsections (2) and (3) of section 941.23,
  600  Florida Statutes, are amended to read:
  601         941.23 Application for issuance of requisition; by whom
  602  made; contents.—
  603         (2) When the return to this state is required of a person
  604  who has been convicted of a crime in this state and has escaped
  605  from confinement or broken the terms of his or her bail,
  606  probation, or parole, the state attorney of the county in which
  607  the offense was committed, the Commission for Offender
  608  Assessment and Transition Parole Commission, the Department of
  609  Corrections, or the warden of the institution or sheriff of the
  610  county, from which escape was made, shall present to the
  611  Governor a written application for a requisition for the return
  612  of such person, in which application shall be stated the name of
  613  the person, the crime of which the person was convicted, the
  614  circumstances of his or her escape from confinement or of the
  615  breach of the terms of his or her bail, probation, or parole,
  616  and the state in which the person is believed to be, including
  617  the location of the person therein at the time application is
  618  made.
  619         (3) The application shall be verified by affidavit, shall
  620  be executed in duplicate, and shall be accompanied by two
  621  certified copies of the indictment returned or information and
  622  affidavit filed or of the complaint made to the judge, stating
  623  the offense with which the accused is charged, or of the
  624  judgment of conviction or of the sentence. The prosecuting
  625  officer, Commission for Offender Assessment and Transition
  626  Parole Commission, Department of Corrections, warden, or sheriff
  627  may also attach such further affidavits and other documents in
  628  duplicate as he or she shall deem proper to be submitted with
  629  such application. One copy of the application, with the action
  630  of the Governor indicated by endorsement thereon, and one of the
  631  certified copies of the indictment, complaint, information, and
  632  affidavits or of the judgment of conviction or of the sentence
  633  shall be filed in the office of the Department of State to
  634  remain of record in that office. The other copies of all papers
  635  shall be forwarded with the Governor’s requisition.
  636         Section 28. Subsection (7) of section 943.0311, Florida
  637  Statutes, is amended to read:
  638         943.0311 Chief of Domestic Security; duties of the
  639  department with respect to domestic security.—
  640         (7) As used in this section, the term “state agency”
  641  includes the Agency for Health Care Administration, the Agency
  642  for Workforce Innovation, the Department of Agriculture and
  643  Consumer Services, the Department of Business and Professional
  644  Regulation, the Department of Children and Family Services, the
  645  Department of Citrus, the Department of Community Affairs, the
  646  Department of Corrections, the Department of Education, the
  647  Department of Elderly Affairs, the Department of Environmental
  648  Protection, the Department of Financial Services, the Department
  649  of Health, the Department of Highway Safety and Motor Vehicles,
  650  the Department of Juvenile Justice, the Department of Law
  651  Enforcement, the Department of Legal Affairs, the Department of
  652  Management Services, the Department of Military Affairs, the
  653  Department of Revenue, the Department of State, the Department
  654  of the Lottery, the Department of Transportation, the Department
  655  of Veterans’ Affairs, the Fish and Wildlife Conservation
  656  Commission, the Commission for Offender Assessment and
  657  Transition Parole Commission, the State Board of Administration,
  658  and the Executive Office of the Governor.
  659         Section 29. Subsection (1) of section 943.06, Florida
  660  Statutes, is amended to read:
  661         943.06 Criminal and Juvenile Justice Information Systems
  662  Council.—There is created a Criminal and Juvenile Justice
  663  Information Systems Council within the department.
  664         (1) The council shall be composed of 15 members, consisting
  665  of the Attorney General or a designated assistant; the executive
  666  director of the Department of Law Enforcement or a designated
  667  assistant; the secretary of the Department of Corrections or a
  668  designated assistant; the chair of the Commission for Offender
  669  Assessment and Transition Parole Commission or a designated
  670  assistant; the Secretary of Juvenile Justice or a designated
  671  assistant; the executive director of the Department of Highway
  672  Safety and Motor Vehicles or a designated assistant; the
  673  Secretary of Children and Family Services or a designated
  674  assistant; the State Courts Administrator or a designated
  675  assistant; 1 public defender appointed by the Florida Public
  676  Defender Association, Inc.; 1 state attorney appointed by the
  677  Florida Prosecuting Attorneys Association, Inc.; and 5 members,
  678  to be appointed by the Governor, consisting of 2 sheriffs, 2
  679  police chiefs, and 1 clerk of the circuit court.
  680         Section 30. Paragraph (a) of subsection (9) of section
  681  943.325, Florida Statutes, is amended to read:
  682         943.325 Blood or other biological specimen testing for DNA
  683  analysis.—
  684         (9) The Department of Law Enforcement shall:
  685         (a) Receive, process, and store blood specimen samples or
  686  other approved biological specimen samples and the data derived
  687  therefrom furnished pursuant to subsection (1), pursuant to a
  688  requirement of supervision imposed by the court or the
  689  Commission for Offender Assessment and Transition Parole
  690  Commission with respect to a person convicted of any offense
  691  specified in subsection (1), or as specified in subsection (6).
  692         Section 31. Subsection (5) of section 944.012, Florida
  693  Statutes, is amended to read:
  694         944.012 Legislative intent.—The Legislature hereby finds
  695  and declares that:
  696         (5) In order to make the correctional system an efficient
  697  and effective mechanism, the various agencies involved in the
  698  correctional process must coordinate their efforts. Where
  699  possible, interagency offices should be physically located
  700  within major institutions and should include representatives of
  701  the Florida State Employment Service, the vocational
  702  rehabilitation programs of the Department of Education, and the
  703  Commission for Offender Assessment and Transition Parole
  704  Commission. Duplicative and unnecessary methods of evaluating
  705  offenders must be eliminated and areas of responsibility
  706  consolidated in order to more economically utilize present
  707  scarce resources.
  708         Section 32. Subsection (1) of section 944.02, Florida
  709  Statutes, is amended to read:
  710         944.02 Definitions.—The following words and phrases used in
  711  this chapter shall, unless the context clearly indicates
  712  otherwise, have the following meanings:
  713         (1) “Commission” means the Commission for Offender
  714  Assessment and Transition Parole Commission.
  715         Section 33. Paragraph (b) of subsection (2) of section
  716  944.4731, Florida Statutes, is amended to read:
  717         944.4731 Addiction-Recovery Supervision Program.—
  718         (2)
  719         (b) An offender released under addiction-recovery
  720  supervision shall be subject to specified terms and conditions,
  721  including payment of the costs of supervision under s. 948.09
  722  and any other court-ordered payments, such as child support and
  723  restitution. If an offender has received a term of probation or
  724  community control to be served after release from incarceration,
  725  the period of probation or community control may not be
  726  substituted for addiction-recovery supervision and shall follow
  727  the term of addiction-recovery supervision. A panel of not fewer
  728  than two parole commissioners shall establish the terms and
  729  conditions of supervision, and the terms and conditions must be
  730  included in the supervision order. In setting the terms and
  731  conditions of supervision, the Commission for Offender
  732  Assessment and Transition Parole Commission shall weigh heavily
  733  the program requirements, including, but not limited to, work at
  734  paid employment while participating in treatment and traveling
  735  restrictions. The commission shall also determine whether an
  736  offender violates the terms and conditions of supervision and
  737  whether a violation warrants revocation of addiction-recovery
  738  supervision pursuant to s. 947.141. The Commission for Offender
  739  Assessment and Transition Parole Commission shall review the
  740  offender’s record for the purpose of establishing the terms and
  741  conditions of supervision. The Commission for Offender
  742  Assessment and Transition Parole Commission may impose any
  743  special conditions it considers warranted from its review of the
  744  record. The length of supervision may not exceed the maximum
  745  penalty imposed by the court.
  746         Section 34. Paragraph (b) of subsection (1) and paragraph
  747  (b) of subsection (6) of section 945.091, Florida Statutes, are
  748  amended to read:
  749         945.091 Extension of the limits of confinement; restitution
  750  by employed inmates.—
  751         (1) The department may adopt rules permitting the extension
  752  of the limits of the place of confinement of an inmate as to
  753  whom there is reasonable cause to believe that the inmate will
  754  honor his or her trust by authorizing the inmate, under
  755  prescribed conditions and following investigation and approval
  756  by the secretary, or the secretary’s designee, who shall
  757  maintain a written record of such action, to leave the confines
  758  of that place unaccompanied by a custodial agent for a
  759  prescribed period of time to:
  760         (b) Work at paid employment, participate in an education or
  761  a training program, or voluntarily serve a public or nonprofit
  762  agency or faith-based service group in the community, while
  763  continuing as an inmate of the institution or facility in which
  764  the inmate is confined, except during the hours of his or her
  765  employment, education, training, or service and traveling
  766  thereto and therefrom. An inmate may travel to and from his or
  767  her place of employment, education, or training only by means of
  768  walking, bicycling, or using public transportation or
  769  transportation that is provided by a family member or employer.
  770  Contingent upon specific appropriations, the department may
  771  transport an inmate in a state-owned vehicle if the inmate is
  772  unable to obtain other means of travel to his or her place of
  773  employment, education, or training.
  774         1. An inmate may participate in paid employment only during
  775  the last 36 months of his or her confinement, unless sooner
  776  requested by the Commission for Offender Assessment and
  777  Transition Parole Commission or the Control Release Authority.
  778         2. While working at paid employment and residing in the
  779  facility, an inmate may apply for placement at a contracted
  780  substance abuse transition housing program. The transition
  781  assistance specialist shall inform the inmate of program
  782  availability and assess the inmate’s need and suitability for
  783  transition housing assistance. If an inmate is approved for
  784  placement, the specialist shall assist the inmate. If an inmate
  785  requests and is approved for placement in a contracted faith
  786  based substance abuse transition housing program, the specialist
  787  must consult with the chaplain prior to such placement. The
  788  department shall ensure that an inmate’s faith orientation, or
  789  lack thereof, will not be considered in determining admission to
  790  a faith-based program and that the program does not attempt to
  791  convert an inmate toward a particular faith or religious
  792  preference.
  793         (6)
  794         (b) An offender who is required to provide restitution or
  795  reparation may petition the circuit court to amend the amount of
  796  restitution or reparation required or to revise the schedule of
  797  repayment established by the department or the Commission for
  798  Offender Assessment and Transition Parole Commission.
  799         Section 35. Paragraph (d) of subsection (1), paragraphs (a)
  800  and (b) of subsection (2), and subsection (5) of section 945.10,
  801  Florida Statutes, are amended to read:
  802         945.10 Confidential information.—
  803         (1) Except as otherwise provided by law or in this section,
  804  the following records and information held by the Department of
  805  Corrections are confidential and exempt from the provisions of
  806  s. 119.07(1) and s. 24(a), Art. I of the State Constitution:
  807         (d) Commission for Offender Assessment and Transition
  808  Parole Commission records which are confidential or exempt from
  809  public disclosure by law.
  810         (2) The records and information specified in paragraphs
  811  (1)(a)-(h) may be released as follows unless expressly
  812  prohibited by federal law:
  813         (a) Information specified in paragraphs (1)(b), (d), and
  814  (f) to the Office of the Governor, the Legislature, the
  815  Commission for Offender Assessment and Transition Parole
  816  Commission, the Department of Children and Family Services, a
  817  private correctional facility or program that operates under a
  818  contract, the Department of Legal Affairs, a state attorney, the
  819  court, or a law enforcement agency. A request for records or
  820  information pursuant to this paragraph need not be in writing.
  821         (b) Information specified in paragraphs (1)(c), (e), and
  822  (h) to the Office of the Governor, the Legislature, the
  823  Commission for Offender Assessment and Transition Parole
  824  Commission, the Department of Children and Family Services, a
  825  private correctional facility or program that operates under
  826  contract, the Department of Legal Affairs, a state attorney, the
  827  court, or a law enforcement agency. A request for records or
  828  information pursuant to this paragraph must be in writing and a
  829  statement provided demonstrating a need for the records or
  830  information.
  831  
  832  Records and information released under this subsection remain
  833  confidential and exempt from the provisions of s. 119.07(1) and
  834  s. 24(a), Art. I of the State Constitution when held by the
  835  receiving person or entity.
  836         (5) The Department of Corrections and the Commission for
  837  Offender Assessment and Transition Parole Commission shall
  838  mutually cooperate with respect to maintaining the
  839  confidentiality of records that are exempt from the provisions
  840  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  841         Section 36. Subsection (2) of section 945.47, Florida
  842  Statutes, is amended to read:
  843         945.47 Discharge of inmate from mental health treatment.—
  844         (2) At any time that an inmate who has received mental
  845  health treatment while in the custody of the department becomes
  846  eligible for release under supervision or upon end of sentence,
  847  a record of the inmate’s mental health treatment may be provided
  848  to the Commission for Offender Assessment and Transition Parole
  849  Commission and to the Department of Children and Family Services
  850  upon request. The record shall include, at a minimum, a summary
  851  of the inmate’s diagnosis, length of stay in treatment, clinical
  852  history, prognosis, prescribed medication, treatment plan, and
  853  recommendations for aftercare services.
  854         Section 37. Subsection (6) of section 945.73, Florida
  855  Statutes, is amended to read:
  856         945.73 Inmate training program operation.—
  857         (6) The department shall work cooperatively with the
  858  Control Release Authority, the Florida Commission for Offender
  859  Assessment and Transition Parole Commission, or such other
  860  authority as may exist or be established in the future which is
  861  empowered by law to effect the release of an inmate who has
  862  successfully completed the requirements established by ss.
  863  945.71-945.74.
  864         Section 38. Subsection (1) of section 947.005, Florida
  865  Statutes, is amended to read:
  866         947.005 Definitions.—As used in this chapter, unless the
  867  context clearly indicates otherwise:
  868         (1) “Commission” means the Commission for Offender
  869  Assessment and Transition Parole Commission.
  870         Section 39. Section 947.01, Florida Statutes, is amended to
  871  read:
  872         947.01 Commission for Offender Assessment and Transition
  873  Parole Commission; creation; number of members.—A Commission for
  874  Offender Assessment and Transition Parole Commission is created
  875  to consist of six members who are residents of the state.
  876  Effective July 1, 1996, the membership of the commission shall
  877  be three members.
  878         Section 40. Section 947.02, Florida Statutes, is amended to
  879  read:
  880         947.02 Commission for Offender Assessment and Transition
  881  Parole Commission; members, appointment.—
  882         (1) Except as provided in s. 947.021, the members of the
  883  Commission for Offender Assessment and Transition Parole
  884  Commission shall be appointed by the Governor and Cabinet from a
  885  list of eligible applicants submitted by a parole qualifications
  886  committee. The appointments of members of the commission shall
  887  be certified to the Senate by the Governor and Cabinet for
  888  confirmation, and the membership of the commission shall include
  889  representation from minority persons as defined in s. 288.703.
  890         (2) A parole qualifications committee shall consist of five
  891  persons who are appointed by the Governor and Cabinet. One
  892  member shall be designated as chair by the Governor and Cabinet.
  893  The committee shall provide for statewide advertisement and the
  894  receiving of applications for any position or positions on the
  895  commission and shall devise a plan for the determination of the
  896  qualifications of the applicants by investigations and
  897  comprehensive evaluations, including, but not limited to,
  898  investigation and evaluation of the character, habits, and
  899  philosophy of each applicant. Each parole qualifications
  900  committee shall exist for 2 years. If additional vacancies on
  901  the commission occur during this 2-year period, the committee
  902  may advertise and accept additional applications; however, all
  903  previously submitted applications shall be considered along with
  904  the new applications according to the previously established
  905  plan for the evaluation of the qualifications of applicants.
  906         (3) Within 90 days before an anticipated vacancy by
  907  expiration of term pursuant to s. 947.03 or upon any other
  908  vacancy, the Governor and Cabinet shall appoint a parole
  909  qualifications committee if one has not been appointed during
  910  the previous 2 years. The committee shall consider applications
  911  for the commission seat, including the application of an
  912  incumbent commissioner if he or she applies, according to the
  913  provisions of subsection (2). The committee shall submit a list
  914  of three eligible applicants, which may include the incumbent if
  915  the committee so decides, without recommendation, to the
  916  Governor and Cabinet for appointment to the commission. In the
  917  case of an unexpired term, the appointment must be for the
  918  remainder of the unexpired term and until a successor is
  919  appointed and qualified. If more than one seat is vacant, the
  920  committee shall submit a list of eligible applicants, without
  921  recommendation, containing a number of names equal to three
  922  times the number of vacant seats; however, the names submitted
  923  shall not be distinguished by seat, and each submitted applicant
  924  shall be considered eligible for each vacancy.
  925         (4) Upon receiving a list of eligible persons from the
  926  parole qualifications committee, the Governor and Cabinet may
  927  reject the list. If the list is rejected, the committee shall
  928  reinitiate the application and examination procedure according
  929  to the provisions of subsection (2).
  930         (5) The provisions of s. 120.525 and chapters 119 and 286
  931  apply to all activities and proceedings of a parole
  932  qualifications committee.
  933         Section 41. Section 947.021, Florida Statutes, is amended
  934  to read:
  935         947.021 Commission for Offender Assessment and Transition
  936  Parole Commission; expedited appointments.—Whenever the
  937  Legislature decreases the membership of the commission, all
  938  terms of office shall expire, notwithstanding any law to the
  939  contrary. Under such circumstances, the Governor and Cabinet
  940  shall expedite the appointment of commissioners. Notwithstanding
  941  the parole qualifications committee procedure in s. 947.02,
  942  members shall be directly appointed by the Governor and Cabinet.
  943  Members appointed to the commission may be selected from
  944  incumbents. Members shall be certified to the Senate by the
  945  Governor and Cabinet for confirmation, and the membership of the
  946  commission shall include representation from minority persons as
  947  defined in s. 288.703.
  948         Section 42. Section 947.045, Florida Statutes, is amended
  949  to read:
  950         947.045 Federal Grants Trust Fund.—The Federal Grants Trust
  951  Fund is hereby created, to be administered by the Florida
  952  Commission for Offender Assessment and Transition Parole
  953  Commission.
  954         (1) Funds to be credited to the trust fund shall consist of
  955  receipts from federal grants and shall be used for the various
  956  purposes for which the federal funds were intended.
  957         (2) Notwithstanding the provisions of s. 216.301 and
  958  pursuant to s. 216.351, any balance in the trust fund at the end
  959  of any fiscal year shall remain in the trust fund at the end of
  960  the year and shall be available for carrying out the purposes of
  961  the trust fund.
  962         (3) In accordance with s. 19(f)(2), Art. III of the State
  963  Constitution, the Federal Grants Trust Fund shall be terminated
  964  on July 1, 2009, unless terminated sooner. Before its scheduled
  965  termination, the trust fund shall be reviewed as provided in s.
  966  215.3206(1) and (2).
  967         Section 43. Subsection (3) of section 947.141, Florida
  968  Statutes, is amended to read:
  969         947.141 Violations of conditional release, control release,
  970  or conditional medical release or addiction-recovery
  971  supervision.—
  972         (3) Within 45 days after notice to the Commission for
  973  Offender Assessment and Transition Parole Commission of the
  974  arrest of a releasee charged with a violation of the terms and
  975  conditions of conditional release, control release, conditional
  976  medical release, or addiction-recovery supervision, the releasee
  977  must be afforded a hearing conducted by a commissioner or a duly
  978  authorized representative thereof. If the releasee elects to
  979  proceed with a hearing, the releasee must be informed orally and
  980  in writing of the following:
  981         (a) The alleged violation with which the releasee is
  982  charged.
  983         (b) The releasee’s right to be represented by counsel.
  984         (c) The releasee’s right to be heard in person.
  985         (d) The releasee’s right to secure, present, and compel the
  986  attendance of witnesses relevant to the proceeding.
  987         (e) The releasee’s right to produce documents on the
  988  releasee’s own behalf.
  989         (f) The releasee’s right of access to all evidence used
  990  against the releasee and to confront and cross-examine adverse
  991  witnesses.
  992         (g) The releasee’s right to waive the hearing.
  993         Section 44. Subsection (1) of section 947.146, Florida
  994  Statutes, is amended to read:
  995         947.146 Control Release Authority.—
  996         (1) There is created a Control Release Authority which
  997  shall be composed of the members of the Commission for Offender
  998  Assessment and Transition Parole Commission and which shall have
  999  the same chair as the commission. The authority shall utilize
 1000  such commission staff as it determines is necessary to carry out
 1001  its purposes.
 1002         Section 45. Section 947.181, Florida Statutes, is amended
 1003  to read:
 1004         947.181 Victim restitution as condition of parole.—
 1005         (1)(a) The Commission for Offender Assessment and
 1006  Transition Parole Commission shall require as a condition of
 1007  parole reparation or restitution to the aggrieved party for the
 1008  damage or loss caused by the offense for which the parolee was
 1009  imprisoned unless the commission finds reasons to the contrary.
 1010  If the commission does not order restitution or orders only
 1011  partial restitution, the commission shall state on the record
 1012  the reasons therefor. The amount of such reparation or
 1013  restitution shall be determined by the Commission for Offender
 1014  Assessment and Transition Parole Commission.
 1015         (b) If the parolee fails to make the reparation or
 1016  restitution to the aggrieved party as authorized in paragraph
 1017  (a), it shall be considered by the commission as a violation of
 1018  parole as specified in s. 947.21 and may be cause for revocation
 1019  of her or his parole.
 1020         (2) If a defendant is paroled, any restitution ordered
 1021  under s. 775.089 shall be a condition of such parole. The
 1022  Commission for Offender Assessment and Transition Parole
 1023  Commission may revoke parole if the defendant fails to comply
 1024  with such order. In determining whether to revoke parole, the
 1025  Commission for Offender Assessment and Transition Parole
 1026  Commission shall consider the defendant’s employment status,
 1027  earning ability, and financial resources; the willfulness of the
 1028  defendant’s failure to pay; and any other special circumstances
 1029  that may have a bearing on the defendant’s ability to pay.
 1030         Section 46. Section 947.185, Florida Statutes, is amended
 1031  to read:
 1032         947.185 Application for mental retardation services as
 1033  condition of parole.—The Commission for Offender Assessment and
 1034  Transition Parole Commission may require as a condition of
 1035  parole that any inmate who has been diagnosed as mentally
 1036  retarded as defined in s. 393.063 shall, upon release, apply for
 1037  services from the Agency for Persons with Disabilities.
 1038         Section 47. Subsection (2) of section 947.22, Florida
 1039  Statutes, is amended to read:
 1040         947.22 Authority to arrest parole violators with or without
 1041  warrant.—
 1042         (2) Any parole and probation officer, when she or he has
 1043  reasonable ground to believe that a parolee, control releasee,
 1044  or conditional releasee has violated the terms and conditions of
 1045  her or his parole, control release, or conditional release in a
 1046  material respect, has the right to arrest the releasee or
 1047  parolee without warrant and bring her or him forthwith before
 1048  one or more commissioners or a duly authorized representative of
 1049  the Commission for Offender Assessment and Transition Parole
 1050  Commission or Control Release Authority; and proceedings shall
 1051  thereupon be had as provided herein when a warrant has been
 1052  issued by a member of the commission or authority or a duly
 1053  authorized representative of the commission or authority.
 1054         Section 48. Paragraph (a) of subsection (1) and subsections
 1055  (3) and (6) of section 948.09, Florida Statutes, are amended to
 1056  read:
 1057         948.09 Payment for cost of supervision and rehabilitation.—
 1058         (1)(a)1. Any person ordered by the court, the Department of
 1059  Corrections, or the Commission for Offender Assessment and
 1060  Transition Parole Commission to be placed on probation, drug
 1061  offender probation, community control, parole, control release,
 1062  provisional release supervision, addiction-recovery supervision,
 1063  or conditional release supervision under chapter 944, chapter
 1064  945, chapter 947, chapter 948, or chapter 958, or in a pretrial
 1065  intervention program, must, as a condition of any placement, pay
 1066  the department a total sum of money equal to the total month or
 1067  portion of a month of supervision times the court-ordered
 1068  amount, but not to exceed the actual per diem cost of the
 1069  supervision. The department shall adopt rules by which an
 1070  offender who pays in full and in advance of regular termination
 1071  of supervision may receive a reduction in the amount due. The
 1072  rules shall incorporate provisions by which the offender’s
 1073  ability to pay is linked to an established written payment plan.
 1074  Funds collected from felony offenders may be used to offset
 1075  costs of the Department of Corrections associated with community
 1076  supervision programs, subject to appropriation by the
 1077  Legislature.
 1078         2. In addition to any other contribution or surcharge
 1079  imposed by this section, each felony offender assessed under
 1080  this paragraph shall pay a $2-per-month surcharge to the
 1081  department. The surcharge shall be deemed to be paid only after
 1082  the full amount of any monthly payment required by the
 1083  established written payment plan has been collected by the
 1084  department. These funds shall be used by the department to pay
 1085  for correctional probation officers’ training and equipment,
 1086  including radios, and firearms training, firearms, and attendant
 1087  equipment necessary to train and equip officers who choose to
 1088  carry a concealed firearm while on duty. Nothing in this
 1089  subparagraph shall be construed to limit the department’s
 1090  authority to determine who shall be authorized to carry a
 1091  concealed firearm while on duty, or to limit the right of a
 1092  correctional probation officer to carry a personal firearm
 1093  approved by the department.
 1094         (3) Any failure to pay contribution as required under this
 1095  section may constitute a ground for the revocation of probation
 1096  by the court, the revocation of parole or conditional release by
 1097  the Commission for Offender Assessment and Transition Parole
 1098  Commission, the revocation of control release by the Control
 1099  Release Authority, or removal from the pretrial intervention
 1100  program by the state attorney. The Department of Corrections may
 1101  exempt a person from the payment of all or any part of the
 1102  contribution if it finds any of the following factors to exist:
 1103         (a) The offender has diligently attempted, but has been
 1104  unable, to obtain employment which provides him or her
 1105  sufficient income to make such payments.
 1106         (b) The offender is a student in a school, college,
 1107  university, or course of career training designed to fit the
 1108  student for gainful employment. Certification of such student
 1109  status shall be supplied to the Secretary of Corrections by the
 1110  educational institution in which the offender is enrolled.
 1111         (c) The offender has an employment handicap, as determined
 1112  by a physical, psychological, or psychiatric examination
 1113  acceptable to, or ordered by, the secretary.
 1114         (d) The offender’s age prevents him or her from obtaining
 1115  employment.
 1116         (e) The offender is responsible for the support of
 1117  dependents, and the payment of such contribution constitutes an
 1118  undue hardship on the offender.
 1119         (f) The offender has been transferred outside the state
 1120  under an interstate compact adopted pursuant to chapter 949.
 1121         (g) There are other extenuating circumstances, as
 1122  determined by the secretary.
 1123         (6) In addition to any other required contributions, the
 1124  department, at its discretion, may require offenders under any
 1125  form of supervision to submit to and pay for urinalysis testing
 1126  to identify drug usage as part of the rehabilitation program.
 1127  Any failure to make such payment, or participate, may be
 1128  considered a ground for revocation by the court, the Commission
 1129  for Offender Assessment and Transition Parole Commission, or the
 1130  Control Release Authority, or for removal from the pretrial
 1131  intervention program by the state attorney. The department may
 1132  exempt a person from such payment if it determines that any of
 1133  the factors specified in subsection (3) exist.
 1134         Section 49. Subsection (1) of section 948.10, Florida
 1135  Statutes, is amended to read:
 1136         948.10 Community control programs.—
 1137         (1) The Department of Corrections shall develop and
 1138  administer a community control program. This complementary
 1139  program shall be rigidly structured and designed to accommodate
 1140  offenders who, in the absence of such a program, would have been
 1141  incarcerated. The program shall focus on the provision of
 1142  sanctions and consequences which are commensurate with the
 1143  seriousness of the crime. The program shall offer the courts and
 1144  the Commission for Offender Assessment and Transition Parole
 1145  Commission an alternative, community-based method to punish an
 1146  offender in lieu of incarceration when the offender is a member
 1147  of one of the following target groups:
 1148         (a) Probation violators charged with technical violations
 1149  or misdemeanor violations.
 1150         (b) Parole violators charged with technical violations or
 1151  misdemeanor violations.
 1152         (c) Individuals found guilty of felonies, who, due to their
 1153  criminal backgrounds or the seriousness of the offenses, would
 1154  not be placed on regular probation.
 1155         Section 50. Subsection (2) of section 949.05, Florida
 1156  Statutes, is amended to read:
 1157         949.05 Constitutionality.—
 1158         (2) If the method of selecting the commission members as
 1159  herein provided is found to be invalid by reason of the vesting
 1160  of the appointing power in the Governor and the Cabinet, the
 1161  members of the Commission for Offender Assessment and Transition
 1162  Parole Commission herein provided for shall be appointed by the
 1163  Governor.
 1164         Section 51. Subsection (1) of section 951.29, Florida
 1165  Statutes, is amended to read:
 1166         951.29 Procedure for requesting restoration of civil rights
 1167  of county prisoners convicted of felonies.—
 1168         (1) With respect to a person who has been convicted of a
 1169  felony and is serving a sentence in a county detention facility,
 1170  the administrator of the county detention facility shall provide
 1171  to the prisoner, at least 2 weeks before discharge, if possible,
 1172  an application form obtained from the Commission for Offender
 1173  Assessment and Transition Parole Commission which the prisoner
 1174  must complete in order to begin the process of having his or her
 1175  civil rights restored.
 1176         Section 52. Subsection (6) of section 957.06, Florida
 1177  Statutes, is amended to read:
 1178         957.06 Powers and duties not delegable to contractor.—A
 1179  contract entered into under this chapter does not authorize,
 1180  allow, or imply a delegation of authority to the contractor to:
 1181         (6) Make recommendations to the Commission for Offender
 1182  Assessment and Transition Parole Commission with respect to the
 1183  denial or granting of parole, control release, conditional
 1184  release, or conditional medical release. However, the contractor
 1185  may submit written reports to the Commission for Offender
 1186  Assessment and Transition Parole Commission and must respond to
 1187  a written request by the Commission for Offender Assessment and
 1188  Transition Parole Commission for information.
 1189         Section 53. Paragraph (c) of subsection (8) of section
 1190  958.045, Florida Statutes, is amended to read:
 1191         958.045 Youthful offender basic training program.—
 1192         (8)
 1193         (c) The department shall work cooperatively with the
 1194  Control Release Authority or the Commission for Offender
 1195  Assessment and Transition Parole Commission to effect the
 1196  release of an offender who has successfully completed the
 1197  requirements of the basic training program.
 1198         Section 54. Subsection (1) of section 960.001, Florida
 1199  Statutes, is amended to read:
 1200         960.001 Guidelines for fair treatment of victims and
 1201  witnesses in the criminal justice and juvenile justice systems.—
 1202         (1) The Department of Legal Affairs, the state attorneys,
 1203  the Department of Corrections, the Department of Juvenile
 1204  Justice, the Commission for Offender Assessment and Transition
 1205  Parole Commission, the State Courts Administrator and circuit
 1206  court administrators, the Department of Law Enforcement, and
 1207  every sheriff’s department, police department, or other law
 1208  enforcement agency as defined in s. 943.10(4) shall develop and
 1209  implement guidelines for the use of their respective agencies,
 1210  which guidelines are consistent with the purposes of this act
 1211  and s. 16(b), Art. I of the State Constitution and are designed
 1212  to implement the provisions of s. 16(b), Art. I of the State
 1213  Constitution and to achieve the following objectives:
 1214         (a) Information concerning services available to victims of
 1215  adult and juvenile crime.—As provided in s. 27.0065, state
 1216  attorneys and public defenders shall gather information
 1217  regarding the following services in the geographic boundaries of
 1218  their respective circuits and shall provide such information to
 1219  each law enforcement agency with jurisdiction within such
 1220  geographic boundaries. Law enforcement personnel shall ensure,
 1221  through distribution of a victim’s rights information card or
 1222  brochure at the crime scene, during the criminal investigation,
 1223  and in any other appropriate manner, that victims are given, as
 1224  a matter of course at the earliest possible time, information
 1225  about:
 1226         1. The availability of crime victim compensation, when
 1227  applicable;
 1228         2. Crisis intervention services, supportive or bereavement
 1229  counseling, social service support referrals, and community
 1230  based victim treatment programs;
 1231         3. The role of the victim in the criminal or juvenile
 1232  justice process, including what the victim may expect from the
 1233  system as well as what the system expects from the victim;
 1234         4. The stages in the criminal or juvenile justice process
 1235  which are of significance to the victim and the manner in which
 1236  information about such stages can be obtained;
 1237         5. The right of a victim, who is not incarcerated,
 1238  including the victim’s parent or guardian if the victim is a
 1239  minor, the lawful representative of the victim or of the
 1240  victim’s parent or guardian if the victim is a minor, and the
 1241  next of kin of a homicide victim, to be informed, to be present,
 1242  and to be heard when relevant, at all crucial stages of a
 1243  criminal or juvenile proceeding, to the extent that this right
 1244  does not interfere with constitutional rights of the accused, as
 1245  provided by s. 16(b), Art. I of the State Constitution;
 1246         6. In the case of incarcerated victims, the right to be
 1247  informed and to submit written statements at all crucial stages
 1248  of the criminal proceedings, parole proceedings, or juvenile
 1249  proceedings; and
 1250         7. The right of a victim to a prompt and timely disposition
 1251  of the case in order to minimize the period during which the
 1252  victim must endure the responsibilities and stress involved to
 1253  the extent that this right does not interfere with the
 1254  constitutional rights of the accused.
 1255         (b) Information for purposes of notifying victim or
 1256  appropriate next of kin of victim or other designated contact of
 1257  victim.—In the case of a homicide, pursuant to chapter 782; or a
 1258  sexual offense, pursuant to chapter 794; or an attempted murder
 1259  or sexual offense, pursuant to chapter 777; or stalking,
 1260  pursuant to s. 784.048; or domestic violence, pursuant to s.
 1261  25.385:
 1262         1. The arresting law enforcement officer or personnel of an
 1263  organization that provides assistance to a victim or to the
 1264  appropriate next of kin of the victim or other designated
 1265  contact must request that the victim or appropriate next of kin
 1266  of the victim or other designated contact complete a victim
 1267  notification card. However, the victim or appropriate next of
 1268  kin of the victim or other designated contact may choose not to
 1269  complete the victim notification card.
 1270         2. Unless the victim or the appropriate next of kin of the
 1271  victim or other designated contact waives the option to complete
 1272  the victim notification card, a copy of the victim notification
 1273  card must be filed with the incident report or warrant in the
 1274  sheriff’s office of the jurisdiction in which the incident
 1275  report or warrant originated. The notification card shall, at a
 1276  minimum, consist of:
 1277         a. The name, address, and phone number of the victim; or
 1278         b. The name, address, and phone number of the appropriate
 1279  next of kin of the victim; or
 1280         c. The name, address, and phone number of a designated
 1281  contact other than the victim or appropriate next of kin of the
 1282  victim; and
 1283         d. Any relevant identification or case numbers assigned to
 1284  the case.
 1285         3. The chief administrator, or a person designated by the
 1286  chief administrator, of a county jail, municipal jail, juvenile
 1287  detention facility, or residential commitment facility shall
 1288  make a reasonable attempt to notify the alleged victim or
 1289  appropriate next of kin of the alleged victim or other
 1290  designated contact within 4 hours following the release of the
 1291  defendant on bail or, in the case of a juvenile offender, upon
 1292  the release from residential detention or commitment. If the
 1293  chief administrator, or designee, is unable to contact the
 1294  alleged victim or appropriate next of kin of the alleged victim
 1295  or other designated contact by telephone, the chief
 1296  administrator, or designee, must send to the alleged victim or
 1297  appropriate next of kin of the alleged victim or other
 1298  designated contact a written notification of the defendant’s
 1299  release.
 1300         4. Unless otherwise requested by the victim or the
 1301  appropriate next of kin of the victim or other designated
 1302  contact, the information contained on the victim notification
 1303  card must be sent by the chief administrator, or designee, of
 1304  the appropriate facility to the subsequent correctional or
 1305  residential commitment facility following the sentencing and
 1306  incarceration of the defendant, and unless otherwise requested
 1307  by the victim or the appropriate next of kin of the victim or
 1308  other designated contact, he or she must be notified of the
 1309  release of the defendant from incarceration as provided by law.
 1310         5. If the defendant was arrested pursuant to a warrant
 1311  issued or taken into custody pursuant to s. 985.101 in a
 1312  jurisdiction other than the jurisdiction in which the defendant
 1313  is being released, and the alleged victim or appropriate next of
 1314  kin of the alleged victim or other designated contact does not
 1315  waive the option for notification of release, the chief
 1316  correctional officer or chief administrator of the facility
 1317  releasing the defendant shall make a reasonable attempt to
 1318  immediately notify the chief correctional officer of the
 1319  jurisdiction in which the warrant was issued or the juvenile was
 1320  taken into custody pursuant to s. 985.101, and the chief
 1321  correctional officer of that jurisdiction shall make a
 1322  reasonable attempt to notify the alleged victim or appropriate
 1323  next of kin of the alleged victim or other designated contact,
 1324  as provided in this paragraph, that the defendant has been or
 1325  will be released.
 1326         (c) Information concerning protection available to victim
 1327  or witness.—A victim or witness shall be furnished, as a matter
 1328  of course, with information on steps that are available to law
 1329  enforcement officers and state attorneys to protect victims and
 1330  witnesses from intimidation. Victims of domestic violence shall
 1331  also be given information about the address confidentiality
 1332  program provided under s. 741.403.
 1333         (d) Notification of scheduling changes.—Each victim or
 1334  witness who has been scheduled to attend a criminal or juvenile
 1335  justice proceeding shall be notified as soon as possible by the
 1336  agency scheduling his or her appearance of any change in
 1337  scheduling which will affect his or her appearance.
 1338         (e) Advance notification to victim or relative of victim
 1339  concerning judicial proceedings; right to be present.—Any
 1340  victim, parent, guardian, or lawful representative of a minor
 1341  who is a victim, or relative of a homicide victim shall receive
 1342  from the appropriate agency, at the address found in the police
 1343  report or the victim notification card if such has been provided
 1344  to the agency, prompt advance notification, unless the agency
 1345  itself does not have advance notification, of judicial and
 1346  postjudicial proceedings relating to his or her case, including
 1347  all proceedings or hearings relating to:
 1348         1. The arrest of an accused;
 1349         2. The release of the accused pending judicial proceedings
 1350  or any modification of release conditions; and
 1351         3. Proceedings in the prosecution or petition for
 1352  delinquency of the accused, including the filing of the
 1353  accusatory instrument, the arraignment, disposition of the
 1354  accusatory instrument, trial or adjudicatory hearing, sentencing
 1355  or disposition hearing, appellate review, subsequent
 1356  modification of sentence, collateral attack of a judgment, and,
 1357  when a term of imprisonment, detention, or residential
 1358  commitment is imposed, the release of the defendant or juvenile
 1359  offender from such imprisonment, detention, or residential
 1360  commitment by expiration of sentence or parole and any meeting
 1361  held to consider such release.
 1362  
 1363  A victim, a victim’s parent or guardian if the victim is a
 1364  minor, a lawful representative of the victim or of the victim’s
 1365  parent or guardian if the victim is a minor, or a victim’s next
 1366  of kin may not be excluded from any portion of any hearing,
 1367  trial, or proceeding pertaining to the offense based solely on
 1368  the fact that such person is subpoenaed to testify, unless, upon
 1369  motion, the court determines such person’s presence to be
 1370  prejudicial. The appropriate agency with respect to notification
 1371  under subparagraph 1. is the arresting law enforcement agency,
 1372  and the appropriate agency with respect to notification under
 1373  subparagraphs 2. and 3. is the Attorney General or state
 1374  attorney, unless the notification relates to a hearing
 1375  concerning parole, in which case the appropriate agency is the
 1376  Commission for Offender Assessment and Transition Parole
 1377  Commission. The Department of Corrections, the Department of
 1378  Juvenile Justice, or the sheriff is the appropriate agency with
 1379  respect to release by expiration of sentence or any other
 1380  release program provided by law. Any victim may waive
 1381  notification at any time, and such waiver shall be noted in the
 1382  agency’s files.
 1383         (f) Information concerning release from incarceration from
 1384  a county jail, municipal jail, juvenile detention facility, or
 1385  residential commitment facility.—The chief administrator, or a
 1386  person designated by the chief administrator, of a county jail,
 1387  municipal jail, juvenile detention facility, or residential
 1388  commitment facility shall, upon the request of the victim or the
 1389  appropriate next of kin of a victim or other designated contact
 1390  of the victim of any of the crimes specified in paragraph (b),
 1391  make a reasonable attempt to notify the victim or appropriate
 1392  next of kin of the victim or other designated contact prior to
 1393  the defendant’s or offender’s release from incarceration,
 1394  detention, or residential commitment if the victim notification
 1395  card has been provided pursuant to paragraph (b). If prior
 1396  notification is not successful, a reasonable attempt must be
 1397  made to notify the victim or appropriate next of kin of the
 1398  victim or other designated contact within 4 hours following the
 1399  release of the defendant or offender from incarceration,
 1400  detention, or residential commitment. If the defendant is
 1401  released following sentencing, disposition, or furlough, the
 1402  chief administrator or designee shall make a reasonable attempt
 1403  to notify the victim or the appropriate next of kin of the
 1404  victim or other designated contact within 4 hours following the
 1405  release of the defendant. If the chief administrator or designee
 1406  is unable to contact the victim or appropriate next of kin of
 1407  the victim or other designated contact by telephone, the chief
 1408  administrator or designee must send to the victim or appropriate
 1409  next of kin of the victim or other designated contact a written
 1410  notification of the defendant’s or offender’s release.
 1411         (g) Consultation with victim or guardian or family of
 1412  victim.—
 1413         1. In addition to being notified of the provisions of s.
 1414  921.143, the victim of a felony involving physical or emotional
 1415  injury or trauma or, in a case in which the victim is a minor
 1416  child or in a homicide, the guardian or family of the victim
 1417  shall be consulted by the state attorney in order to obtain the
 1418  views of the victim or family about the disposition of any
 1419  criminal or juvenile case brought as a result of such crime,
 1420  including the views of the victim or family about:
 1421         a. The release of the accused pending judicial proceedings;
 1422         b. Plea agreements;
 1423         c. Participation in pretrial diversion programs; and
 1424         d. Sentencing of the accused.
 1425         2. Upon request, the state attorney shall permit the
 1426  victim, the victim’s parent or guardian if the victim is a
 1427  minor, the lawful representative of the victim or of the
 1428  victim’s parent or guardian if the victim is a minor, or the
 1429  victim’s next of kin in the case of a homicide to review a copy
 1430  of the presentence investigation report prior to the sentencing
 1431  hearing if one was completed. Any confidential information that
 1432  pertains to medical history, mental health, or substance abuse
 1433  and any information that pertains to any other victim shall be
 1434  redacted from the copy of the report. Any person who reviews the
 1435  report pursuant to this paragraph must maintain the
 1436  confidentiality of the report and shall not disclose its
 1437  contents to any person except statements made to the state
 1438  attorney or the court.
 1439         3. When an inmate has been approved for community work
 1440  release, the Department of Corrections shall, upon request and
 1441  as provided in s. 944.605, notify the victim, the victim’s
 1442  parent or guardian if the victim is a minor, the lawful
 1443  representative of the victim or of the victim’s parent or
 1444  guardian if the victim is a minor, or the victim’s next of kin
 1445  if the victim is a homicide victim.
 1446         (h) Return of property to victim.—Law enforcement agencies
 1447  and the state attorney shall promptly return a victim’s property
 1448  held for evidentiary purposes unless there is a compelling law
 1449  enforcement reason for retaining it. The trial or juvenile court
 1450  exercising jurisdiction over the criminal or juvenile proceeding
 1451  may enter appropriate orders to implement the provisions of this
 1452  subsection, including allowing photographs of the victim’s
 1453  property to be used as evidence at the criminal trial or the
 1454  juvenile proceeding in place of the victim’s property when no
 1455  substantial evidentiary issue related thereto is in dispute.
 1456         (i) Notification to employer and explanation to creditors
 1457  of victim or witness.—A victim or witness who so requests shall
 1458  be assisted by law enforcement agencies and the state attorney
 1459  in informing his or her employer that the need for victim and
 1460  witness cooperation in the prosecution of the case may
 1461  necessitate the absence of that victim or witness from work. A
 1462  victim or witness who, as a direct result of a crime or of his
 1463  or her cooperation with law enforcement agencies or a state
 1464  attorney, is subjected to serious financial strain shall be
 1465  assisted by such agencies and state attorney in explaining to
 1466  the creditors of such victim or witness the reason for such
 1467  serious financial strain.
 1468         (j) Notification of right to request restitution.—Law
 1469  enforcement agencies and the state attorney shall inform the
 1470  victim of the victim’s right to request and receive restitution
 1471  pursuant to s. 775.089 or s. 985.437, and of the victim’s rights
 1472  of enforcement under ss. 775.089(6) and 985.0301 in the event an
 1473  offender does not comply with a restitution order. The state
 1474  attorney shall seek the assistance of the victim in the
 1475  documentation of the victim’s losses for the purpose of
 1476  requesting and receiving restitution. In addition, the state
 1477  attorney shall inform the victim if and when restitution is
 1478  ordered. If an order of restitution is converted to a civil lien
 1479  or civil judgment against the defendant, the clerks shall make
 1480  available at their office, as well as on their website,
 1481  information provided by the Secretary of State, the court, or
 1482  The Florida Bar on enforcing the civil lien or judgment.
 1483         (k) Notification of right to submit impact statement.—The
 1484  state attorney shall inform the victim of the victim’s right to
 1485  submit an oral or written impact statement pursuant to s.
 1486  921.143 and shall assist in the preparation of such statement if
 1487  necessary.
 1488         (l) Local witness coordination services.—The requirements
 1489  for notification provided for in paragraphs (c), (d), and (i)
 1490  may be performed by the state attorney or public defender for
 1491  their own witnesses.
 1492         (m) Victim assistance education and training.—Victim
 1493  assistance education and training shall be offered to persons
 1494  taking courses at law enforcement training facilities and to
 1495  state attorneys and assistant state attorneys so that victims
 1496  may be promptly, properly, and completely assisted.
 1497         (n) General victim assistance.—Victims and witnesses shall
 1498  be provided with such other assistance, such as transportation,
 1499  parking, separate pretrial waiting areas, and translator
 1500  services in attending court, as is practicable.
 1501         (o) Victim’s rights information card or brochure.—A victim
 1502  of a crime shall be provided with a victim’s rights information
 1503  card or brochure containing essential information concerning the
 1504  rights of a victim and services available to a victim as
 1505  required by state law.
 1506         (p) Information concerning escape from a state correctional
 1507  institution, county jail, juvenile detention facility, or
 1508  residential commitment facility.—In any case where an offender
 1509  escapes from a state correctional institution, private
 1510  correctional facility, county jail, juvenile detention facility,
 1511  or residential commitment facility, the institution of
 1512  confinement shall immediately notify the state attorney of the
 1513  jurisdiction where the criminal charge or petition for
 1514  delinquency arose and the judge who imposed the sentence of
 1515  incarceration. The state attorney shall thereupon make every
 1516  effort to notify the victim, material witness, parents or legal
 1517  guardian of a minor who is a victim or witness, or immediate
 1518  relatives of a homicide victim of the escapee. The state
 1519  attorney shall also notify the sheriff of the county where the
 1520  criminal charge or petition for delinquency arose. The sheriff
 1521  shall offer assistance upon request. When an escaped offender is
 1522  subsequently captured or is captured and returned to the
 1523  institution of confinement, the institution of confinement shall
 1524  again immediately notify the appropriate state attorney and
 1525  sentencing judge pursuant to this section.
 1526         (q) Presence of victim advocate during discovery
 1527  deposition; testimony of victim of a sexual offense.—At the
 1528  request of the victim or the victim’s parent, guardian, or
 1529  lawful representative, the victim advocate designated by state
 1530  attorney’s office, sheriff’s office, or municipal police
 1531  department, or one representative from a not-for-profit victim
 1532  services organization, including, but not limited to, rape
 1533  crisis centers, domestic violence advocacy groups, and alcohol
 1534  abuse or substance abuse groups shall be permitted to attend and
 1535  be present during any deposition of the victim. The victim of a
 1536  sexual offense shall be informed of the right to have the
 1537  courtroom cleared of certain persons as provided in s. 918.16
 1538  when the victim is testifying concerning that offense.
 1539         (r) Implementing crime prevention in order to protect the
 1540  safety of persons and property, as prescribed in the State
 1541  Comprehensive Plan.—By preventing crimes that create victims or
 1542  further harm former victims, crime prevention efforts are an
 1543  essential part of providing effective service for victims and
 1544  witnesses. Therefore, the agencies identified in this subsection
 1545  may participate in and expend funds for crime prevention, public
 1546  awareness, public participation, and educational activities
 1547  directly relating to, and in furtherance of, existing public
 1548  safety statutes. Furthermore, funds may not be expended for the
 1549  purpose of influencing public opinion on public policy issues
 1550  that have not been resolved by the Legislature or the
 1551  electorate.
 1552         (s) Attendance of victim at same school as defendant.—When
 1553  the victim of an offense committed by a juvenile is a minor, the
 1554  Department of Juvenile Justice shall request information to
 1555  determine if the victim, or any sibling of the victim, attends
 1556  or is eligible to attend the same school as the offender.
 1557  However, if the offender is subject to a presentence
 1558  investigation by the Department of Corrections, the Department
 1559  of Corrections shall make such request. If the victim or any
 1560  sibling of the victim attends or is eligible to attend the same
 1561  school as that of the offender, the appropriate agency shall
 1562  notify the victim’s parent or legal guardian of the right to
 1563  attend the sentencing or disposition of the offender and request
 1564  that the offender be required to attend a different school.
 1565         (t) Use of a polygraph examination or other truth-telling
 1566  device with victim.—No law enforcement officer, prosecuting
 1567  attorney, or other government official shall ask or require an
 1568  adult, youth, or child victim of an alleged sexual battery as
 1569  defined in chapter 794 or other sexual offense to submit to a
 1570  polygraph examination or other truth-telling device as a
 1571  condition of proceeding with the investigation of such an
 1572  offense. The refusal of a victim to submit to such an
 1573  examination shall not prevent the investigation, charging, or
 1574  prosecution of the offense.
 1575         (u) Presence of victim advocates during forensic medical
 1576  examination.—At the request of the victim or the victim’s
 1577  parent, guardian, or lawful representative, a victim advocate
 1578  from a certified rape crisis center shall be permitted to attend
 1579  any forensic medical examination.
 1580         Section 55. Subsection (3) of section 960.17, Florida
 1581  Statutes, is amended to read:
 1582         960.17 Award constitutes debt owed to state.—
 1583         (3) The Commission for Offender Assessment and Transition
 1584  Parole Commission shall make the payment of the debt to the
 1585  state a condition of parole under chapter 947, unless the
 1586  commission finds reasons to the contrary. If the commission does
 1587  not order payment, or orders only partial payment, it shall
 1588  state on the record the reasons therefor.
 1589         Section 56. Subsection (1) of section 985.04, Florida
 1590  Statutes, is amended to read:
 1591         985.04 Oaths; records; confidential information.—
 1592         (1) Except as provided in subsections (2), (3), (6), and
 1593  (7) and s. 943.053, all information obtained under this chapter
 1594  in the discharge of official duty by any judge, any employee of
 1595  the court, any authorized agent of the department, the
 1596  Commission for Offender Assessment and Transition Parole
 1597  Commission, the Department of Corrections, the juvenile justice
 1598  circuit boards, any law enforcement agent, or any licensed
 1599  professional or licensed community agency representative
 1600  participating in the assessment or treatment of a juvenile is
 1601  confidential and may be disclosed only to the authorized
 1602  personnel of the court, the department and its designees, the
 1603  Department of Corrections, the Commission for Offender
 1604  Assessment and Transition Parole Commission, law enforcement
 1605  agents, school superintendents and their designees, any licensed
 1606  professional or licensed community agency representative
 1607  participating in the assessment or treatment of a juvenile, and
 1608  others entitled under this chapter to receive that information,
 1609  or upon order of the court. Within each county, the sheriff, the
 1610  chiefs of police, the district school superintendent, and the
 1611  department shall enter into an interagency agreement for the
 1612  purpose of sharing information about juvenile offenders among
 1613  all parties. The agreement must specify the conditions under
 1614  which summary criminal history information is to be made
 1615  available to appropriate school personnel, and the conditions
 1616  under which school records are to be made available to
 1617  appropriate department personnel. Such agreement shall require
 1618  notification to any classroom teacher of assignment to the
 1619  teacher’s classroom of a juvenile who has been placed in a
 1620  probation or commitment program for a felony offense. The
 1621  agencies entering into such agreement must comply with s.
 1622  943.0525, and must maintain the confidentiality of information
 1623  that is otherwise exempt from s. 119.07(1), as provided by law.
 1624         Section 57. Subsection (2) of section 985.045, Florida
 1625  Statutes, is amended to read:
 1626         985.045 Court records.—
 1627         (2) The clerk shall keep all official records required by
 1628  this section separate from other records of the circuit court,
 1629  except those records pertaining to motor vehicle violations,
 1630  which shall be forwarded to the Department of Highway Safety and
 1631  Motor Vehicles. Except as provided in ss. 943.053 and
 1632  985.04(6)(b) and (7), official records required by this chapter
 1633  are not open to inspection by the public, but may be inspected
 1634  only upon order of the court by persons deemed by the court to
 1635  have a proper interest therein, except that a child and the
 1636  parents, guardians, or legal custodians of the child and their
 1637  attorneys, law enforcement agencies, the Department of Juvenile
 1638  Justice and its designees, the Commission for Offender
 1639  Assessment and Transition Parole Commission, the Department of
 1640  Corrections, and the Justice Administrative Commission shall
 1641  always have the right to inspect and copy any official record
 1642  pertaining to the child. The court may permit authorized
 1643  representatives of recognized organizations compiling statistics
 1644  for proper purposes to inspect, and make abstracts from,
 1645  official records under whatever conditions upon the use and
 1646  disposition of such records the court may deem proper and may
 1647  punish by contempt proceedings any violation of those
 1648  conditions.
 1649         Section 58. This act shall take effect July 1, 2009.