HB 1005

1	A bill to be entitled
2	An act relating to criminal justice; amending s. 384.34,
3	F.S.; conforming provisions to changes made by the act;
4	amending s. 775.0877, F.S.; deleting provisions relating
5	to criminal quarantine community control for offenders
6	convicted of criminal transmission of HIV; revising
7	penalties; amending s. 796.08, F.S.; conforming provisions
8	to changes made by the act; creating s. 800.09, F.S.;
9	providing definitions; prohibiting a lewd or lascivious
10	exhibition in the presence of a correctional facility
11	employee; providing penalties; amending s. 916.107, F.S.;
12	revising provisions relating to physical custody and
13	treatment of forensic clients adjudicated incompetent to
14	proceed or not guilty by reason of insanity; clarifying
15	rights, responsibilities, and duties of forensic clients
16	housed with the Department of Corrections; revising
17	provisions relating to informed consent to treatment by
18	forensic clients; clarifying application of certain
19	provisions; providing that forensic clients housed with
20	the department are subject to its rules; amending s.
21	916.13, F.S.; providing for retention of certain
22	defendants who have been adjudicated incompetent to
23	proceed due to mental illness in the physical custody of
24	the department; providing time limits relating to
25	competency hearings; amending s. 916.15, F.S.; providing
26	time limits relating to commitment hearings; providing for
27	retention of certain defendants who have been adjudicated
28	not guilty by reason of insanity in the physical custody
29	of the department for the remainder of their sentences;
30	requiring a report; amending s. 921.187, F.S.; deleting
31	provisions relating to criminal quarantine community
32	control; amending s. 940.061, F.S.; providing for
33	electronic submission of certain information to the Parole
34	Commission; amending s. 944.1905, F.S.; eliminating
35	provisions relating to removal and reassignment of certain
36	youthful offenders to the general inmate population in
37	certain circumstances; repealing s. 944.293, F.S.,
38	relating to initiation of restoration of civil rights;
39	amending s. 944.35, F.S.; applying prohibitions on sexual
40	misconduct with inmates or offenders to employees of
41	private correctional facilities; providing penalties;
42	amending s. 944.605, F.S.; providing for electronic
43	submission of certain information concerning released
44	inmates to sheriffs or municipal police chiefs; amending
45	s. 944.804, F.S.; providing for additional geriatric
46	correctional facilities or dorms within correctional
47	facilities; deleting obsolete provisions; amending s.
48	944.8041, F.S.; conforming provisions to changes made by
49	the act; amending s. 945.41, F.S.; deleting a prohibition
50	on the placement of youthful offenders at specified
51	facilities for mental health treatment; permitting the
52	designation of multiple mental health treatment facilities
53	for certain offenders; amending s. 945.42, F.S.; removing
54	refusal of voluntary placement in certain circumstances as
55	a basis for determining that an inmate is in need of care
56	and treatment; amending s. 945.43, F.S.; revising
57	terminology concerning inmates in treatment facilities;
58	requiring a petition for placement to be filed in the
59	county in which an inmate is located; requiring reasonable
60	access to an inmate and his or her records by an attorney
61	representing the inmate in a placement proceeding;
62	authorizing the department to transport an inmate to
63	hearings in certain circumstances; amending s. 945.46,
64	F.S.; authorizing the transport of a person being released
65	from custody to a receiving or treatment facility for
66	involuntary examination or placement in certain
67	circumstances; creating s. 946.42, F.S.; providing
68	definitions; authorizing the department to allow inmates
69	who meet certain criteria to perform public works to enter
70	onto private property for specified purposes; amending s.
71	948.001, F.S.; deleting the definition of the term
72	"criminal quarantine community control"; amending s.
73	948.03, F.S.; providing as a condition of probation,
74	community control, or any other form of court-ordered
75	supervision that an offender live without violating any
76	law; providing that a conviction in a court of law is not
77	necessary for a violation of law to constitute a violation
78	of such a condition; prohibiting an offender from
79	possessing, carrying, or owning a firearm; prohibiting the
80	possession, carrying, or ownership of any other weapon
81	without first procuring the consent of a correctional
82	probation officer; requiring that an offender on probation
83	or community control submit to the taking of a digitized
84	photograph; providing for display of such photographs on
85	the department's public website while the offender is
86	under supervision; providing exceptions; amending s.
87	948.09, F.S.; conforming a cross-reference; amending s.
88	948.101, F.S.; providing that an additional set of
89	standard conditions of probation may be included for
90	offenders placed on community control; conforming
91	provisions to changes made by the act; amending s. 948.11,
92	F.S.; conforming provisions to changes made by the act;
93	amending s. 951.26, F.S.; authorizing public safety
94	coordinating councils to develop comprehensive local
95	reentry plans to assist offenders released from
96	incarceration in successfully reentering the community;
97	providing requirements; amending s. 958.03, F.S.; revising
98	the definition of the term "youthful offender"; defining
99	the term "youthful offender facility"; amending s. 958.04,
100	F.S.; deleting provisions relating to a basic training
101	program; amending s. 958.045, F.S.; revising provisions
102	relating to revocation of gain-time for an offender in a
103	basic training program; providing for termination of an
104	offender from a basic training program under certain
105	circumstances; deleting provisions relating to transfer of
106	an offender to a community residential program upon
107	completion of a basic training program; deleting a
108	requirement for continuous screening for eligible youthful
109	offenders; deleting provisions relating to completion of
110	basic training programs by youthful offenders; amending s.
111	958.09, F.S.; providing that a specified provision and
112	rules developed thereunder govern the extension of limits
113	of confinement of and restitution by youthful offenders;
114	amending s. 958.11, F.S.; revising provisions relating to
115	assignment of youthful offenders to non-youthful-offender
116	facilities and management of such offenders; amending s.
117	958.12, F.S.; conforming a cross-reference; providing an
118	effective date.
119
120	Be It Enacted by the Legislature of the State of Florida:
121
122	Section 1.  Subsection (5) of section 384.34, Florida
123	Statutes, is amended to read:
124	384.34  Penalties.-
125	(5)  Any person who violates the provisions of s. 384.24(2)
126	commits a felony of the third degree, punishable as provided in
127	s. ss. 775.082, s. 775.083, or s. 775.084, and 775.0877(7). Any
128	person who commits multiple violations of the provisions of s.
129	384.24(2) commits a felony of the first degree, punishable as
130	provided in s. ss. 775.082, s. 775.083, or s. 775.084, and
131	775.0877(7).
132	Section 2.  Subsections (3) and (7) of section 775.0877,
133	Florida Statutes, are amended to read:
134	775.0877  Criminal transmission of HIV; procedures;
135	penalties.-
136	(3)  An offender who has undergone HIV testing pursuant to
137	subsection (1), and to whom positive test results have been
138	disclosed pursuant to subsection (2), who commits a second or
139	subsequent offense enumerated in paragraphs (1)(a)-(n), commits
140	criminal transmission of HIV, a felony of the third degree,
141	punishable as provided in s. 775.082, s. 775.083, or s. 775.084
142	subsection (7). A person may be convicted and sentenced
143	separately for a violation of this subsection and for the
144	underlying crime enumerated in paragraphs (1)(a)-(n).
145	(7)  In addition to any other penalty provided by law for
146	an offense enumerated in paragraphs (1)(a)-(n), the court may
147	require an offender convicted of criminal transmission of HIV to
148	serve a term of criminal quarantine community control, as
149	described in s. 948.001.
150	Section 3.  Subsection (5) of section 796.08, Florida
151	Statutes, is amended to read:
152	796.08  Screening for HIV and sexually transmissible
153	diseases; providing penalties.-
154	(5)  A person who:
155	(a)  Commits or offers to commit prostitution; or
156	(b)  Procures another for prostitution by engaging in
157	sexual activity in a manner likely to transmit the human
158	immunodeficiency virus,
159
160	and who, prior to the commission of such crime, had tested
161	positive for human immunodeficiency virus and knew or had been
162	informed that he or she had tested positive for human
163	immunodeficiency virus and could possibly communicate such
164	disease to another person through sexual activity commits
165	criminal transmission of HIV, a felony of the third degree,
166	punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
167	or s. 775.0877(7). A person may be convicted and sentenced
168	separately for a violation of this subsection and for the
169	underlying crime of prostitution or procurement of prostitution.
170	Section 4.  Section 800.09, Florida Statutes, is created to
171	read:
172	800.09  Lewd or lascivious exhibition in the presence of a
173	facility employee.-
174	(1)  As used in this section, the term:
175	(a)  "Employee" means any person employed by or performing
176	contractual services for a public or private entity operating a
177	facility or any person employed by or performing contractual
178	services for the corporation operating the prison industry
179	enhancement programs or the correctional work programs under
180	part II of chapter 946. The term also includes any person who is
181	a parole examiner with the Florida Parole Commission.
182	(b)  "Facility" means a state correctional institution
183	defined in s. 944.02 or a private correctional facility as
184	defined in s. 944.710.
185	(2)(a)  It is unlawful for any person, while being detained
186	in a facility and with intent to harass, annoy, threaten, or
187	alarm a person who he or she knows or reasonably should know is
188	an employee of such facility, to intentionally masturbate,
189	intentionally expose his or her genitals in a lewd or lascivious
190	manner, or intentionally commit any other sexual act, including,
191	but not limited to, sadomasochistic abuse, sexual bestiality, or
192	the simulation of any act involving sexual activity, in the
193	presence of such employee.
194	(b)  A person who violates paragraph (a) commits lewd or
195	lascivious exhibition in the presence of a facility employee, a
196	felony of the third degree, punishable as provided in s.
197	775.082, s. 775.083, or s. 775.084.
198	Section 5.  Subsection (1), paragraph (d) of subsection
199	(2), paragraph (a) of subsection (3), paragraph (b) of
200	subsection (4), subsections (5), (6), and (8), and paragraph (a)
201	of subsection (9) of section 916.107, Florida Statutes, are
202	amended to read:
203	916.107  Rights of forensic clients.-
204	(1)  RIGHT TO INDIVIDUAL DIGNITY.-
205	(a)  The policy of the state is that the individual dignity
206	of the client shall be respected at all times and upon all
207	occasions, including any occasion when the forensic client is
208	detained, transported, or treated. Clients with mental illness,
209	retardation, or autism and who are charged with committing
210	felonies shall receive appropriate treatment or training. In a
211	criminal case involving a client who has been adjudicated
212	incompetent to proceed or not guilty by reason of insanity, a
213	jail may be used as an emergency facility for up to 15 days
214	following the date the department or agency receives a completed
215	copy of the court commitment order containing all documentation
216	required by the applicable Florida Rules of Criminal Procedure.
217	For a forensic client who is held in a jail awaiting admission
218	to a facility of the department or agency, evaluation and
219	treatment or training may be provided in the jail by the local
220	community mental health provider for mental health services, by
221	the developmental disabilities program for persons with
222	retardation or autism, the client's physician or psychologist,
223	or any other appropriate program until the client is transferred
224	to a civil or forensic facility. In a criminal case involving a
225	forensic client who is serving a sentence in the custody of the
226	Department of Corrections and who has been adjudicated
227	incompetent to proceed or not guilty by reason of insanity, the
228	Department of Corrections may continue to retain physical
229	custody of the forensic client. However, the department shall
230	remain responsible for all necessary and appropriate competency
231	evaluation, treatment, and training for the client. If ordered
232	by the department's treating psychiatrist, the Department of
233	Corrections shall provide and administer any necessary
234	medications for the client.
235	(b)  Forensic clients who are initially placed in, or
236	subsequently transferred to, a civil facility as described in
237	part I of chapter 394 or to a residential facility as described
238	in chapter 393 shall have the same rights as other persons
239	committed to these facilities for as long as they remain there.
240	Notwithstanding the rights described in this section, forensic
241	clients who are housed with the Department of Corrections shall
242	have the same duties, rights, and responsibilities as other
243	inmates committed to the custody of the Department of
244	Corrections and shall be subject to the rules adopted by the
245	Department of Corrections to implement its statutory authority.
246	(2)  RIGHT TO TREATMENT.-
247	(d)  Not more than 30 days after admission to a civil or
248	forensic facility, each client shall have and receive, in
249	writing, an individualized treatment or training plan which the
250	client has had an opportunity to assist in preparing.
251	(3)  RIGHT TO EXPRESS AND INFORMED CONSENT.-
252	(a)  A forensic client shall be asked to give express and
253	informed written consent for treatment. If a client refuses such
254	treatment as is deemed necessary and essential by the client's
255	multidisciplinary treatment team for the appropriate care of the
256	client, such treatment may be provided under the following
257	circumstances:
258	1.  In an emergency situation in which there is immediate
259	danger to the safety of the client or others, such treatment may
260	be provided upon the written order of a physician for a period
261	not to exceed 48 hours, excluding weekends and legal holidays.
262	If, after the 48-hour period, the client has not given express
263	and informed consent to the treatment initially refused, the
264	administrator or designee of the civil or forensic facility
265	shall, within 48 hours, excluding weekends and legal holidays,
266	petition the committing court or the circuit court serving the
267	county in which the facility is located, or in which the
268	forensic client is located, if in the Department of Corrections'
269	custody, at the option of the facility administrator or
270	designee, for an order authorizing the continued treatment of
271	the client. In the interim, the need for treatment shall be
272	reviewed every 48 hours and may be continued without the consent
273	of the client upon the continued written order of a physician
274	who has determined that the emergency situation continues to
275	present a danger to the safety of the client or others.
276	2.  In a situation other than an emergency situation, the
277	administrator or designee of the facility shall petition the
278	court for an order authorizing necessary and essential treatment
279	for the client.
280	a.  If the client has been receiving psychotherapeutic
281	medication for a diagnosed mental disorder at a county jail at
282	the time of transfer to the state forensic mental health
283	treatment facility and lacks the capacity to make an informed
284	decision regarding mental health treatment at the time of
285	admission, the admitting physician may order a continuation of
286	the psychotherapeutic medication if, in the clinical judgment of
287	the physician, abrupt cessation of the psychotherapeutic
288	medication could pose a risk to the health and safety of the
289	client during the time a court order to medicate is pursued. The
290	county jail physician shall provide a current psychotherapeutic
291	medication order at the time of transfer to the admitting
292	facility.
293	b.  If a forensic client has been receiving
294	psychotherapeutic medication for a diagnosed mental disorder at
295	the Department of Corrections and lacks the capacity to make an
296	informed decision regarding mental health treatment, the
297	department's treating physician shall coordinate continuation of
298	the psychotherapeutic medication if, in the clinical judgment of
299	the Department of Corrections' physician, abrupt cessation of
300	the psychotherapeutic medication could pose a risk to the health
301	and safety of the forensic client during the time a court order
302	to medicate is pursued. The Department of Corrections' physician
303	shall provide a current psychotherapeutic medication order to
304	any department physician providing treatment to a forensic
305	client housed with the Department of Corrections.
306	c.  The court order shall allow such treatment for a period
307	not to exceed 90 days following the date of the entry of the
308	order. Unless the court is notified in writing that the client
309	has provided express and informed consent in writing or that the
310	client has been discharged by the committing court, the
311	administrator or designee shall, prior to the expiration of the
312	initial 90-day order, petition the court for an order
313	authorizing the continuation of treatment for another 90-day
314	period. This procedure shall be repeated until the client
315	provides consent or is discharged by the committing court.
316	3.  At the hearing on the issue of whether the court should
317	enter an order authorizing treatment for which a client was
318	unable to or refused to give express and informed consent, the
319	court shall determine by clear and convincing evidence that the
320	client has mental illness, retardation, or autism, that the
321	treatment not consented to is essential to the care of the
322	client, and that the treatment not consented to is not
323	experimental and does not present an unreasonable risk of
324	serious, hazardous, or irreversible side effects. In arriving at
325	the substitute judgment decision, the court must consider at
326	least the following factors:
327	a.  The client's expressed preference regarding treatment;
328	b.  The probability of adverse side effects;
329	c.  The prognosis without treatment; and
330	d.  The prognosis with treatment.
331
332	The hearing shall be as convenient to the client as may be
333	consistent with orderly procedure and shall be conducted in
334	physical settings not likely to be injurious to the client's
335	condition. The court may appoint a general or special magistrate
336	to preside at the hearing. The client or the client's guardian,
337	and the representative, shall be provided with a copy of the
338	petition and the date, time, and location of the hearing. The
339	client has the right to have an attorney represent him or her at
340	the hearing, and, if the client is indigent, the court shall
341	appoint the office of the public defender to represent the
342	client at the hearing. The client may testify or not, as he or
343	she chooses, and has the right to cross-examine witnesses and
344	may present his or her own witnesses.
345	(4)  QUALITY OF TREATMENT.-
346	(b)  Forensic clients housed in a civil or forensic
347	facility shall be free from the unnecessary use of restraint or
348	seclusion. Restraints shall be employed only in emergencies or
349	to protect the client or others from imminent injury. Restraints
350	may not be employed as punishment or for the convenience of
351	staff.
352	(5)  COMMUNICATION, ABUSE REPORTING, AND VISITS.-Each
353	forensic client housed in a civil or forensic facility has the
354	right to communicate freely and privately with persons outside
355	the facility unless it is determined that such communication is
356	likely to be harmful to the client or others. Clients shall have
357	the right to contact and to receive communication from their
358	attorneys at any reasonable time.
359	(a)  Each forensic client housed in a civil or forensic
360	facility shall be allowed to receive, send, and mail sealed,
361	unopened correspondence; and no client's incoming or outgoing
362	correspondence shall be opened, delayed, held, or censored by
363	the facility unless there is reason to believe that it contains
364	items or substances that may be harmful to the client or others,
365	in which case the administrator or designee may direct
366	reasonable examination of such mail and may regulate the
367	disposition of such items or substances. For purposes of this
368	paragraph, the term "correspondence" does not include parcels or
369	packages. Forensic facilities may promulgate reasonable
370	institutional policies to provide for the inspection of parcels
371	or packages and for the removal of contraband items for health
372	or security reasons prior to the contents being given to a
373	client.
374	(b)  If a client's right to communicate is restricted by
375	the administrator, written notice of such restriction and the
376	duration of the restriction shall be served on the client or his
377	or her legal guardian or representatives, and such restriction
378	shall be recorded on the client's clinical record with the
379	reasons therefor. The restriction of a client's right to
380	communicate shall be reviewed at least every 7 days.
381	(c)  Each forensic facility shall establish reasonable
382	institutional policies governing visitors, visiting hours, and
383	the use of telephones by clients in the least restrictive manner
384	possible.
385	(d)  Each forensic client housed in a civil or forensic
386	facility shall have ready access to a telephone in order to
387	report an alleged abuse. The facility or program staff shall
388	orally and in writing inform each client of the procedure for
389	reporting abuse and shall present the information in a language
390	the client understands. A written copy of that procedure,
391	including the telephone number of the central abuse hotline and
392	reporting forms, shall be posted in plain view.
393	(e)  The department's or agency's forensic facilities shall
394	develop policies providing a procedure for reporting abuse.
395	Facility staff shall be required, as a condition of employment,
396	to become familiar with the procedures for the reporting of
397	abuse.
398	(6)  CARE AND CUSTODY OF PERSONAL EFFECTS OF CLIENTS.-A
399	forensic client's right to possession of clothing and personal
400	effects shall be respected. The department or agency by rule, or
401	the administrator of any forensic facility by written
402	institutional policy, may declare certain items to be hazardous
403	to the health or welfare of clients or others or to the
404	operation of the facility. Such items may be restricted from
405	introduction into the facility or may be restricted from being
406	in a client's possession. The administrator or designee may take
407	temporary custody of such effects when required for medical and
408	safety reasons. Custody of such personal effects shall be
409	recorded in the client's clinical record. Forensic clients who
410	are housed with the Department of Corrections shall be subject
411	to the rules adopted by the Department of Corrections to
412	implement its statutory authority.
413	(8)  CLINICAL RECORD; CONFIDENTIALITY.-A clinical record
414	for each forensic client, including forensic clients housed with
415	the Department of Corrections, shall be maintained. The record
416	shall include data pertaining to admission and such other
417	information as may be required under rules of the department or
418	the agency. Unless waived by express and informed consent of the
419	client or the client's legal guardian or, if the client is
420	deceased, by the client's personal representative or by that
421	family member who stands next in line of intestate succession or
422	except as otherwise provided in this subsection, the clinical
423	record is confidential and exempt from the provisions of s.
424	119.07(1) and s. 24(a), Art. I of the State Constitution.
425	(a)  Such clinical record may be released:
426	1.  To such persons and agencies as are designated by the
427	client or the client's legal guardian.
428	2.  To persons authorized by order of court and to the
429	client's counsel when the records are needed by the counsel for
430	adequate representation.
431	3.  To a qualified researcher, as defined by rule; a staff
432	member of the facility; or an employee of the department or
433	agency when the administrator of the facility, or secretary or
434	director of the department or agency, deems it necessary for
435	treatment of the client, maintenance of adequate records,
436	compilation of treatment data, or evaluation of programs.
437	4.  For statistical and research purposes if the
438	information is abstracted in such a way as to protect the
439	identity of individuals.
440	5.  If a client receiving services has declared an
441	intention to harm other persons, the administrator shall
442	authorize the release of sufficient information to provide
443	adequate warning to the person threatened with harm by the
444	client, and to the committing court, the state attorney, and the
445	attorney representing the client.
446	6.  To the parent or next of kin of a client who is
447	committed to, or is being served by, a facility or program when
448	such information is limited to that person's service plan and
449	current physical and mental condition. Release of such
450	information shall be in accordance with the code of ethics of
451	the profession involved and must comply with all state and
452	federal laws and regulations pertaining to the release of
453	personal health information.
454	7.  To the Department of Corrections for forensic clients
455	who are housed with the Department of Corrections.
456	(b)  Notwithstanding other provisions of this subsection,
457	the department or agency may request or receive from or provide
458	to any of the following entities client information, including
459	client medical, mental health, and substance abuse treatment
460	information, to facilitate treatment, habilitation,
461	rehabilitation, and continuity of care of any forensic client:
462	1.  The Social Security Administration and the United
463	States Department of Veterans Affairs.;
464	2.  Law enforcement agencies, state attorneys, defense
465	attorneys, and judges in regard to the client's status.;
466	3.  Jail personnel in the jail in which a client may be
467	housed.; and
468	4.  Community agencies and others expected to provide
469	followup care to the client upon the client's return to the
470	community.
471	5.  The Department of Corrections for forensic clients who
472	are housed with the Department of Corrections.
473	(c)  For forensic clients housed in a civil or forensic
474	facility, the department or agency may provide notice to any
475	client's next of kin or first representative regarding any
476	serious medical illness or the death of the client.
477	(d)1.  Any law enforcement agency, facility, or other
478	governmental agency that receives information pursuant to this
479	subsection shall maintain the confidentiality of such
480	information except as otherwise provided herein.
481	2.  Any agency or private practitioner who acts in good
482	faith in releasing information pursuant to this subsection is
483	not subject to civil or criminal liability for such release.
484	(9)  HABEAS CORPUS.-
485	(a)  At any time, and without notice, a forensic client
486	detained by a civil or forensic facility, or a relative, friend,
487	guardian, representative, or attorney on behalf of such client,
488	may petition for a writ of habeas corpus to question the cause
489	and legality of such detention and request that the committing
490	court issue a writ for release. Each client shall receive a
491	written notice of the right to petition for a writ of habeas
492	corpus.
493	Section 6.  Section 916.13, Florida Statutes, is amended to
494	read:
495	916.13  Involuntary commitment of defendant adjudicated
496	incompetent.-
497	(1)  Every defendant who is charged with a felony and who
498	is adjudicated incompetent to proceed may be involuntarily
499	committed or ordered to receive for treatment upon a finding by
500	the court of clear and convincing evidence that:
501	(a)  The defendant has a mental illness and because of the
502	mental illness:
503	1.  The defendant is manifestly incapable of surviving
504	alone or with the help of willing and responsible family or
505	friends, including available alternative services, and, without
506	treatment, the defendant is likely to suffer from neglect or
507	refuse to care for herself or himself and such neglect or
508	refusal poses a real and present threat of substantial harm to
509	the defendant's well-being; or
510	2.  There is a substantial likelihood that in the near
511	future the defendant will inflict serious bodily harm on herself
512	or himself or another person, as evidenced by recent behavior
513	causing, attempting, or threatening such harm;
514	(b)  All available, less restrictive treatment
515	alternatives, including treatment in community residential
516	facilities or community inpatient or outpatient settings, which
517	would offer an opportunity for improvement of the defendant's
518	condition have been judged to be inappropriate; and
519	(c)  There is a substantial probability that the mental
520	illness causing the defendant's incompetence will respond to
521	treatment and the defendant will regain competency to proceed in
522	the reasonably foreseeable future.
523	(2)(a)  A defendant who has been charged with a felony and
524	who has been adjudicated incompetent to proceed due to mental
525	illness, and who meets the criteria for involuntary commitment
526	for treatment to the department under the provisions of this
527	chapter, may be committed to the department, and the department
528	shall retain and treat the defendant. No later than 6 months
529	after the date of admission and at the end of any period of
530	extended commitment, or at any time the administrator or
531	designee determines shall have determined that the defendant has
532	regained competency to proceed or no longer meets the criteria
533	for continued commitment, the administrator or designee shall
534	file a report with the court pursuant to the applicable Florida
535	Rules of Criminal Procedure.
536	(b)  The court, based on input from the department and the
537	Department of Corrections, may order that a defendant serving a
538	sentence in the custody of the Department of Corrections who is
539	charged with a new felony or is entitled to proceed with a
540	direct appeal from his or her conviction, or is entitled to
541	proceed under Rule 3.850 or Rule 3.851, Florida Rules of
542	Criminal Procedure, and who has been adjudicated incompetent to
543	proceed due to mental illness, be retained in the physical
544	custody of the Department of Corrections. If the court orders a
545	defendant who has been adjudicated incompetent to proceed due to
546	mental illness be retained in the physical custody of the
547	Department of Corrections, the department shall provide
548	appropriate training, treatment, and evaluation for competency
549	restoration, in accordance with this chapter. If the inmate is
550	in the physical custody of the Department of Corrections and the
551	department's treating psychiatrist orders medication, the
552	Department of Corrections shall provide and administer any
553	necessary medication. Within 6 months after the administration
554	of any competency training or treatment and every 12 months
555	thereafter, or at any time the department determines that the
556	defendant has regained competency to proceed, the department
557	shall file a report with the court pursuant to the applicable
558	Florida Rules of Criminal Procedure.
559	(c)  Within 20 days after the court receives notification
560	that a defendant is competent to proceed or no longer meets the
561	criteria for continued commitment, the defendant shall be
562	transported back to jail pursuant to s. 916.107(10) for the
563	purpose of holding a competency hearing.
564	(d)  A competency hearing shall be held within 30 days
565	after the court receives notification that the defendant is
566	competent to proceed or no longer meets criteria for continued
567	commitment.
568	Section 7.  Section 916.15, Florida Statutes, is amended to
569	read:
570	916.15  Involuntary commitment of defendant adjudicated not
571	guilty by reason of insanity.-
572	(1)  The determination of whether a defendant is not guilty
573	by reason of insanity shall be determined in accordance with
574	Rule 3.217, Florida Rules of Criminal Procedure.
575	(2)  A defendant who is acquitted of criminal charges
576	because of a finding of not guilty by reason of insanity may be
577	involuntarily committed pursuant to such finding if the
578	defendant has a mental illness and, because of the illness, is
579	manifestly dangerous to himself or herself or others.
580	(3)  Every defendant acquitted of criminal charges by
581	reason of insanity and found to meet the criteria for
582	involuntary commitment may be committed and treated in
583	accordance with the provisions of this section and the
584	applicable Florida Rules of Criminal Procedure. The department
585	shall admit a defendant so adjudicated to an appropriate
586	facility or program for treatment and shall retain and treat
587	such defendant. No later than 6 months after the date of
588	admission, prior to the end of any period of extended
589	commitment, or at any time the administrator or designee
590	determines shall have determined that the defendant no longer
591	meets the criteria for continued commitment placement, the
592	administrator or designee shall file a report with the court
593	pursuant to the applicable Florida Rules of Criminal Procedure.
594	(4)(a)  Within 20 days after the court is notified that a
595	defendant no longer meets the criteria for involuntary
596	commitment, the defendant shall be transported back to jail for
597	the purpose of holding a commitment hearing.
598	(b)  The commitment hearing must be held within 30 days
599	after the court receives notification that the defendant no
600	longer meets the criteria for continued commitment.
601	(5)  A defendant who is serving a sentence in the custody
602	of the Department of Corrections, who has been charged with a
603	new felony, and who has been adjudicated not guilty by reason of
604	insanity shall be retained in the physical custody of the
605	Department of Corrections for the remainder of his or her
606	sentence. Within 30 days before the defendant's release date,
607	the department shall evaluate the defendant and file a report
608	with the court requesting that the defendant be returned to the
609	court's jurisdiction to determine whether the defendant
610	continues to meet the criteria for involuntary commitment.
611	(6)(4)  In all proceedings under this section, both the
612	defendant and the state shall have the right to a hearing before
613	the committing court. Evidence at such hearing may be presented
614	by the hospital administrator or the administrator's designee as
615	well as by the state and the defendant. The defendant shall have
616	the right to counsel at any such hearing. In the event that a
617	defendant is determined to be indigent pursuant to s. 27.52, the
618	public defender shall represent the defendant. The parties shall
619	have access to the defendant's records at the treating
620	facilities and may interview or depose personnel who have had
621	contact with the defendant at the treating facilities.
622	Section 8.  Subsection (3) of section 921.187, Florida
623	Statutes, is redesignated as subsection (2), and present
624	subsection (2) of that section is amended to read:
625	921.187  Disposition and sentencing; alternatives;
626	restitution.-
627	(2)  In addition to any other penalty provided by law for
628	an offense enumerated in s. 775.0877(1)(a)-(n), if the offender
629	is convicted of criminal transmission of HIV pursuant to s.
630	775.0877, the court may sentence the offender to criminal
631	quarantine community control as described in s. 948.001.
632	Section 9.  Section 940.061, Florida Statutes, is amended
633	to read:
634	940.061  Informing persons about executive clemency and
635	restoration of civil rights.-The Department of Corrections shall
636	inform and educate inmates and offenders on community
637	supervision about the restoration of civil rights. The
638	department shall send the Parole Commission a monthly electronic
639	list of the names of and assist eligible inmates released from
640	incarceration and offenders who have been terminated from on
641	community supervision and who may be eligible with the
642	completion of the application for the restoration of civil
643	rights.
644	Section 10.  Subsection (5) of section 944.1905, Florida
645	Statutes, is amended to read:
646	944.1905  Initial inmate classification; inmate
647	reclassification.-The Department of Corrections shall classify
648	inmates pursuant to an objective classification scheme. The
649	initial inmate classification questionnaire and the inmate
650	reclassification questionnaire must cover both aggravating and
651	mitigating factors.
652	(5)(a)  Notwithstanding any other provision of this section
653	or chapter 958, the department shall assign to facilities
654	housing youthful offenders all inmates who are less than 18
655	years of age and who have not been assigned to a facility for
656	youthful offenders under the provisions of chapter 958. Such an
657	inmate shall be assigned to a facility for youthful offenders
658	until the inmate is 18 years of age; however, the department may
659	assign the inmate to a facility for youthful offenders until the
660	inmate reaches an age not to exceed 21 years if the department
661	determines that the continued assignment is in the best
662	interests of the inmate and the assignment does not pose an
663	unreasonable risk to other inmates in the facility.
664	(b)  Any inmate who is assigned to a facility under
665	paragraph (a) is subject to the provisions of s. 958.11
666	regarding facility assignments, and shall be removed and
667	reassigned to the general inmate population if his or her
668	behavior threatens the safety of other inmates or correctional
669	staff.
670	Section 11.  Section 944.293, Florida Statutes, is
671	repealed.
672	Section 12.  Paragraph (b) of subsection (3) of section
673	944.35, Florida Statutes, is amended to read:
674	944.35  Authorized use of force; malicious battery and
675	sexual misconduct prohibited; reporting required; penalties.-
676	(3)
677	(b)1.  As used in this paragraph, the term "sexual
678	misconduct" means the oral, anal, or vaginal penetration by, or
679	union with, the sexual organ of another or the anal or vaginal
680	penetration of another by any other object, but does not include
681	an act done for a bona fide medical purpose or an internal
682	search conducted in the lawful performance of the employee's
683	duty.
684	2.  Any employee of the department or any employee of a
685	private correctional facility as defined in s. 944.710 who
686	engages in sexual misconduct with an inmate or an offender
687	supervised by the department in the community, without
688	committing the crime of sexual battery, commits a felony of the
689	third degree, punishable as provided in s. 775.082, s. 775.083,
690	or s. 775.084.
691	3.  The consent of the inmate or offender supervised by the
692	department in the community to any act of sexual misconduct may
693	not be raised as a defense to a prosecution under this
694	paragraph.
695	4.  This paragraph does not apply to any employee of the
696	department or any employee of a private correctional facility as
697	defined in s. 944.710 who is legally married to an inmate or an
698	offender supervised by the department in the community, nor does
699	it apply to any employee who has no knowledge, and would have no
700	reason to believe, that the person with whom the employee has
701	engaged in sexual misconduct is an inmate or an offender under
702	community supervision of the department.
703	Section 13.  Subsection (3) of section 944.605, Florida
704	Statutes, is amended to read:
705	944.605  Inmate release; notification.-
706	(3)(a)  If an inmate is to be released after having served
707	one or more sentences for a conviction of robbery, sexual
708	battery, home-invasion robbery, or carjacking, or an inmate to
709	be released has a prior conviction for robbery, sexual battery,
710	home-invasion robbery, or carjacking or similar offense, in this
711	state or in another jurisdiction, and if such prior conviction
712	information is contained in department records, the department
713	shall release to the sheriff of the county in which the inmate
714	plans to reside, and, if the inmate plans to reside within a
715	municipality, to the chief of police of that municipality, the
716	following information including, which must include, but need
717	not be limited to:
718	1.(a)  Name.;
719	2.(b)  Social security number.;
720	3.(c)  Date of birth.;
721	4.(d)  Race.;
722	5.(e)  Sex.;
723	6.(f)  Height.;
724	7.(g)  Weight.;
725	8.(h)  Hair and eye color.;
726	9.(i)  Tattoos or other identifying marks.;
727	10.(j)  Fingerprints.; and
728	11.(k)  A digitized photograph as provided in subsection
729	(2).
730
731	The department shall release the information specified in this
732	paragraph subsection within 6 months prior to the discharge of
733	the inmate from the custody of the department.
734	(b)  The department may electronically submit the
735	information listed in paragraph (a) to the sheriff of the county
736	in which the inmate plans to reside, and, if the inmate plans to
737	reside within a municipality, to the chief of police of that
738	municipality.
739	Section 14.  Section 944.804, Florida Statutes, is amended
740	to read:
741	944.804  Elderly offenders in correctional facilities
742	program of 2000.-
743	(1)  The Legislature finds that the number and percentage
744	of elderly offenders in the Florida prison system are is
745	increasing and will continue to increase for the foreseeable
746	future. The current cost to incarcerate elderly offenders is
747	approximately three times the cost of incarceration of younger
748	inmates. Alternatives to the current approaches to housing,
749	programming, and treating the medical needs of elderly
750	offenders, which may reduce the overall costs associated with
751	this segment of the prison population, must be explored and
752	implemented.
753	(2)  The department shall establish and operate a geriatric
754	correctional facilities or geriatric dorms within a facility at
755	the site known as River Junction Correctional Institution, which
756	shall be an institution specifically for generally healthy
757	elderly offenders who can perform general work appropriate for
758	their physical and mental condition. Prior to reopening the
759	facility, the department shall make modifications to the
760	facility which will ensure its compliance with the Americans
761	with Disabilities Act and decrease the likelihood of falls,
762	accidental injury, and other conditions known to be particularly
763	hazardous to the elderly.
764	(a)  In order to decrease long-term medical costs to the
765	state, a preventive fitness/wellness program and diet
766	specifically designed to maintain the mental and physical health
767	of elderly offenders shall be developed and implemented. In
768	developing the program, the department shall give consideration
769	to preventive medical care for the elderly which shall include,
770	but not be limited to, maintenance of bone density, all aspects
771	of cardiovascular health, lung capacity, mental alertness, and
772	orientation. Existing policies and procedures shall be
773	reexamined and altered to encourage offenders to adopt a more
774	healthy lifestyle and maximize their level of functioning. The
775	program components shall be modified as data and experience are
776	received which measure the relative success of the program
777	components previously implemented.
778	(b)  Consideration must be given to redirecting resources
779	as a method of offsetting increased medical costs. Elderly
780	offenders are not likely to reenter society as a part of the
781	workforce, and programming resources would be better spent in
782	activities to keep the elderly offenders healthy, alert, and
783	oriented. Limited or restricted programming or activities for
784	elderly offenders will increase the daily cost of institutional
785	and health care, and programming opportunities adequate to
786	reduce the cost of care will be provided. Programming shall
787	include, but not be limited to, recreation, education, and
788	counseling which is needs-specific to elderly offenders.
789	Institutional staff shall be specifically trained to effectively
790	supervise elderly offenders and to detect physical or mental
791	changes which warrant medical attention before more serious
792	problems develop.
793	(3)  The department shall adopt rules that specify which
794	elderly offenders shall be eligible to be housed at the
795	geriatric correctional facilities or dorms River Junction
796	Correctional Institution.
797	(4)  While developing the criteria for eligibility, the
798	department shall use the information in existing offender
799	databases to determine the number of offenders who would be
800	eligible. The Legislature directs the department to consider a
801	broad range of elderly offenders for River Junction Correctional
802	Institution who have good disciplinary records and a medical
803	grade that will permit them to perform meaningful work
804	activities, including participation in an appropriate
805	correctional work program (PRIDE) facility, if available.
806	(5)  The department shall also submit a study based on
807	existing offenders which projects the number of existing
808	offenders who will qualify under the rules. An appendix to the
809	study shall identify the specific offenders who qualify.
810	Section 15.  Section 944.8041, Florida Statutes, is amended
811	to read:
812	944.8041  Elderly offenders; annual review.-For the purpose
813	of providing information to the Legislature on elderly offenders
814	within the correctional system, the department and the
815	Correctional Medical Authority shall each submit annually a
816	report on the status and treatment of elderly offenders in the
817	state-administered and private state correctional systems, as
818	well as such information on the department's geriatric
819	correctional facilities and dorms River Junction Correctional
820	Institution. In order to adequately prepare the reports, the
821	department and the Department of Management Services shall grant
822	access to the Correctional Medical Authority which includes
823	access to the facilities, offenders, and any information the
824	agencies require to complete their reports. The review shall
825	also include an examination of promising geriatric policies,
826	practices, and programs currently implemented in other
827	correctional systems within the United States. The reports, with
828	specific findings and recommendations for implementation, shall
829	be submitted to the President of the Senate and the Speaker of
830	the House of Representatives on or before December 31 of each
831	year.
832	Section 16.  Subsections (4) and (5) of section 945.41,
833	Florida Statutes, are amended to read:
834	945.41  Legislative intent of ss. 945.40-945.49.-It is the
835	intent of the Legislature that mentally ill inmates in the
836	custody of the Department of Corrections receive evaluation and
837	appropriate treatment for their mental illness through a
838	continuum of services. It is further the intent of the
839	Legislature that:
840	(4)  Any inmate sentenced as a youthful offender, or
841	designated as a youthful offender by the department pursuant to
842	chapter 958, who is transferred pursuant to this act to a mental
843	health treatment facility be separated from other inmates, if
844	necessary, as determined by the warden of the treatment
845	facility. In no case shall any youthful offender be placed at
846	the Florida State Prison or the Union Correctional Institution
847	for mental health treatment.
848	(5)  The department may designate a mental health treatment
849	facilities facility for adult, youthful, and female offenders or
850	may contract with other appropriate entities, persons, or
851	agencies for such services.
852	Section 17.  Paragraph (b) of subsection (5) and paragraph
853	(b) of subsection (6) of section 945.42, Florida Statutes, are
854	amended to read:
855	945.42  Definitions; ss. 945.40-945.49.-As used in ss.
856	945.40-945.49, the following terms shall have the meanings
857	ascribed to them, unless the context shall clearly indicate
858	otherwise:
859	(5)  "In immediate need of care and treatment" means that
860	an inmate is apparently mentally ill and is not able to be
861	appropriately cared for in the institution where he or she is
862	confined and that, but for being isolated in a more restrictive
863	and secure housing environment, because of the apparent mental
864	illness:
865	(b)1.  The inmate has refused voluntary placement for
866	treatment at a mental health treatment facility after sufficient
867	and conscientious explanation and disclosure of the purpose of
868	placement; or
869	2.  The inmate is unable to determine for himself or
870	herself whether placement is necessary; and
871	(6)  "In need of care and treatment" means that an inmate
872	has a mental illness for which inpatient services in a mental
873	health treatment facility are necessary and that, but for being
874	isolated in a more restrictive and secure housing environment,
875	because of the mental illness:
876	(b)1.  The inmate has refused voluntary placement for
877	treatment at a mental health treatment facility after sufficient
878	and conscientious explanation and disclosure of the purpose of
879	placement; or
880	2.  The inmate is unable to determine for himself or
881	herself whether placement is necessary; and
882	Section 18.  Section 945.43, Florida Statutes, is amended
883	to read:
884	945.43  Placement Admission of inmate in to mental health
885	treatment facility.-
886	(1)  CRITERIA.-An inmate may be placed in admitted to a
887	mental health treatment facility if he or she is mentally ill
888	and is in need of care and treatment, as defined in s. 945.42.
889	(2)  PROCEDURE FOR PLACEMENT IN A MENTAL HEALTH TREATMENT
890	FACILITY.-
891	(a)  An inmate may be placed in admitted to a mental health
892	treatment facility after notice and hearing, upon the
893	recommendation of the warden of the facility where the inmate is
894	confined. The recommendation shall be entered on a petition and
895	must be supported by the expert opinion of a psychiatrist and
896	the second opinion of a psychiatrist or psychological
897	professional. The petition shall be filed with the court in the
898	county where the inmate is located.
899	(b)  A copy of the petition shall be served on the inmate,
900	accompanied by a written notice that the inmate may apply
901	immediately to the court to have an attorney appointed if the
902	inmate cannot afford one.
903	(c)  The petition for placement shall may be filed in the
904	county in which the inmate is located. The hearing shall be held
905	in the same county, and one of the inmate's physicians at the
906	facility where the inmate is located shall appear as a witness
907	at the hearing.
908	(d)  An attorney representing the inmate shall have
909	reasonable access to the inmate and any records, including
910	medical or mental health records, which are relevant to the
911	representation of the inmate.
912	(e)  If the court finds that the inmate is mentally ill and
913	in need of care and treatment, as defined in s. 945.42, the
914	court shall order that he or she be placed in a mental health
915	treatment facility or, if the inmate is at a mental health
916	treatment facility, that he or she be retained there. The court
917	shall authorize the mental health treatment facility to retain
918	the inmate for up to 6 months. If, at the end of that time,
919	continued placement is necessary, the warden shall apply to the
920	Division of Administrative Hearings in accordance with s. 945.45
921	for an order authorizing continued placement.
922	(3)  PROCEDURE FOR HEARING ON PLACEMENT OF AN INMATE IN A
923	MENTAL HEALTH TREATMENT FACILITY.-
924	(a)  The court shall serve notice on the warden of the
925	facility where the inmate is confined and the allegedly mentally
926	ill inmate. The notice must specify the date, time, and place of
927	the hearing; the basis for the allegation of mental illness; and
928	the names of the examining experts. The hearing shall be held
929	within 5 days, and the court may appoint a general or special
930	magistrate to preside. The court may waive the presence of the
931	inmate at the hearing if such waiver is consistent with the best
932	interests of the inmate and the inmate's counsel does not
933	object. The department may transport the inmate to the location
934	of the hearing if the hearing is not held at the facility and
935	the inmate is unable to participate through electronic means.
936	The hearing may be as informal as is consistent with orderly
937	procedure. One of the experts whose opinion supported the
938	petition for placement shall be present at the hearing for
939	information purposes.
940	(b)  If, at the hearing, the court finds that the inmate is
941	mentally ill and in need of care and treatment, as defined in s.
942	945.42, the court shall order that he or she be placed in a
943	mental health treatment facility. The court shall provide a copy
944	of its order authorizing placement and all supporting
945	documentation relating to the inmate's condition to the warden
946	of the treatment facility. If the court finds that the inmate is
947	not mentally ill, it shall dismiss the petition for placement.
948	(4)  REFUSAL OF PLACEMENT.-The warden of an institution in
949	which a mental health treatment facility is located may refuse
950	to place any inmate in that treatment facility who is not
951	accompanied by adequate court orders and documentation, as
952	required in ss. 945.40-945.49.
953	Section 19.  Subsection (3) is added to section 945.46,
954	Florida Statutes, to read:
955	945.46  Initiation of involuntary placement proceedings
956	with respect to a mentally ill inmate scheduled for release.-
957	(3)  The department may transport an individual who is
958	being released from its custody to a receiving or treatment
959	facility for involuntary examination or placement. Such
960	transport shall be made to a facility specified by the
961	Department of Children and Family Services that is able to meet
962	the specific needs of the individual. If the Department of
963	Children and Family Services does not specify a facility,
964	transport may be made to the nearest receiving facility.
965	Section 20.  Section 946.42, Florida Statutes, is created
966	to read:
967	946.42  Use of inmates on private property.-
968	(1)  As used in this section, the term:
969	(a)  "Disaster" means any natural, technological, or civil
970	emergency that causes damage of sufficient severity and
971	magnitude to result in a declaration of a state of emergency by
972	a county, the Governor, or the President of the United States.
973	(b)  "Donations" means gifts of tangible personal property
974	and includes equipment, fixtures, construction materials, food
975	items, and other tangible personal property, whether consumable
976	or nonconsumable.
977	(c)  "Emergency" means any occurrence or threat of an
978	occurrence, whether natural, technological, or manmade, in war
979	or in peace, that results or may result in substantial injury or
980	harm to the population or substantial damage to or loss of
981	property.
982	(2)  The department may allow inmates who meet the criteria
983	to perform public works provided in s. 946.40 to enter onto
984	private property for the following purposes:
985	(a)  To accept and collect donations for the department's
986	use and benefit.
987	(b)  To assist federal, state, local, and private agencies
988	before, during, and after emergencies and disasters.
989	Section 21.  Subsections (4) through (10) of section
990	948.001, Florida Statutes, are renumbered as subsections (3)
991	through (9), respectively, and present subsection (3) of that
992	section is amended to read:
993	948.001  Definitions.-As used in this chapter, the term:
994	(3)  "Criminal quarantine community control" means
995	intensive supervision, by officers with restricted caseloads,
996	with a condition of 24-hour-per-day electronic monitoring, and a
997	condition of confinement to a designated residence during
998	designated hours.
999	Section 22.  Subsection (1) of section 948.03, Florida
1000	Statutes, is amended to read:
1001	948.03  Terms and conditions of probation.-
1002	(1)  The court shall determine the terms and conditions of
1003	probation. Conditions specified in this section do not require
1004	oral pronouncement at the time of sentencing and may be
1005	considered standard conditions of probation. These conditions
1006	may include among them the following, that the probationer or
1007	offender in community control shall:
1008	(a)  Report to the probation and parole supervisors as
1009	directed.
1010	(b)  Permit such supervisors to visit him or her at his or
1011	her home or elsewhere.
1012	(c)  Work faithfully at suitable employment insofar as may
1013	be possible.
1014	(d)  Remain within a specified place.
1015	(e)  Live without violating any law. A conviction in a
1016	court of law is not necessary for such a violation of law to
1017	constitute a violation of probation, community control, or any
1018	other form of court-ordered supervision.
1019	(f)(e)  Make reparation or restitution to the aggrieved
1020	party for the damage or loss caused by his or her offense in an
1021	amount to be determined by the court. The court shall make such
1022	reparation or restitution a condition of probation, unless it
1023	determines that clear and compelling reasons exist to the
1024	contrary. If the court does not order restitution, or orders
1025	restitution of only a portion of the damages, as provided in s.
1026	775.089, it shall state on the record in detail the reasons
1027	therefor.
1028	(g)(f)  Effective July 1, 1994, and applicable for offenses
1029	committed on or after that date, make payment of the debt due
1030	and owing to a county or municipal detention facility under s.
1031	951.032 for medical care, treatment, hospitalization, or
1032	transportation received by the felony probationer while in that
1033	detention facility. The court, in determining whether to order
1034	such repayment and the amount of such repayment, shall consider
1035	the amount of the debt, whether there was any fault of the
1036	institution for the medical expenses incurred, the financial
1037	resources of the felony probationer, the present and potential
1038	future financial needs and earning ability of the probationer,
1039	and dependents, and other appropriate factors.
1040	(h)(g)  Support his or her legal dependents to the best of
1041	his or her ability.
1042	(i)(h)  Make payment of the debt due and owing to the state
1043	under s. 960.17, subject to modification based on change of
1044	circumstances.
1045	(j)(i)  Pay any application fee assessed under s.
1046	27.52(1)(b) and attorney's fees and costs assessed under s.
1047	938.29, subject to modification based on change of
1048	circumstances.
1049	(k)(j)  Not associate with persons engaged in criminal
1050	activities.
1051	(l)(k)1.  Submit to random testing as directed by the
1052	correctional probation officer or the professional staff of the
1053	treatment center where he or she is receiving treatment to
1054	determine the presence or use of alcohol or controlled
1055	substances.
1056	2.  If the offense was a controlled substance violation and
1057	the period of probation immediately follows a period of
1058	incarceration in the state correction system, the conditions
1059	shall include a requirement that the offender submit to random
1060	substance abuse testing intermittently throughout the term of
1061	supervision, upon the direction of the correctional probation
1062	officer as defined in s. 943.10(3).
1063	(m)(l)  Be prohibited from possessing, carrying, or owning:
1064	1.  Any firearm unless authorized by the court and
1065	consented to by the probation officer.
1066	2.  Any weapon other than a firearm without first procuring
1067	the consent of the correctional probation officer.
1068	(n)(m)  Be prohibited from using intoxicants to excess or
1069	possessing any drugs or narcotics unless prescribed by a
1070	physician. The probationer or community controllee shall not
1071	knowingly visit places where intoxicants, drugs, or other
1072	dangerous substances are unlawfully sold, dispensed, or used.
1073	(o)(n)  Submit to the drawing of blood or other biological
1074	specimens as prescribed in ss. 943.325 and 948.014, and
1075	reimburse the appropriate agency for the costs of drawing and
1076	transmitting the blood or other biological specimens to the
1077	Department of Law Enforcement.
1078	(p)  Submit to the taking of a digitized photograph by the
1079	department as a part of his or her records. Unless the
1080	photograph is exempt from inspection or copying under chapter
1081	119, it may be displayed on the department's public website
1082	while he or she is under any form of court-ordered supervision
1083	other than pretrial intervention supervision.
1084	Section 23.  Subsection (7) of section 948.09, Florida
1085	Statutes, is amended to read:
1086	948.09  Payment for cost of supervision and
1087	rehabilitation.-
1088	(7)  The department shall establish a payment plan for all
1089	costs ordered by the courts for collection by the department and
1090	a priority order for payments, except that victim restitution
1091	payments authorized under s. 948.03(1)(f)(e) take precedence
1092	over all other court-ordered payments. The department is not
1093	required to disburse cumulative amounts of less than $10 to
1094	individual payees established on this payment plan.
1095	Section 24.  Section 948.101, Florida Statutes, is amended
1096	to read:
1097	948.101  Terms and conditions of community control and
1098	criminal quarantine community control.-
1099	(1)  The court shall determine the terms and conditions of
1100	community control. Conditions specified in this subsection do
1101	not require oral pronouncement at the time of sentencing and may
1102	be considered standard conditions of community control.
1103	(a)  The court shall require intensive supervision and
1104	surveillance for an offender placed into community control,
1105	which may include, but is not limited to:
1106	(a)1.  Specified contact with the parole and probation
1107	officer.
1108	(b)2.  Confinement to an agreed-upon residence during hours
1109	away from employment and public service activities.
1110	(c)3.  Mandatory public service.
1111	(d)4.  Supervision by the Department of Corrections by
1112	means of an electronic monitoring device or system.
1113	(e)5.  The standard conditions of probation set forth in s.
1114	948.03 or s. 948.30.
1115	(b)  For an offender placed on criminal quarantine
1116	community control, the court shall require:
1117	1.  Electronic monitoring 24 hours per day.
1118	2.  Confinement to a designated residence during designated
1119	hours.
1120	(2)  The enumeration of specific kinds of terms and
1121	conditions does not prevent the court from adding thereto any
1122	other terms or conditions that the court considers proper.
1123	However, the sentencing court may only impose a condition of
1124	supervision allowing an offender convicted of s. 794.011, s.
1125	800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 to reside in
1126	another state if the order stipulates that it is contingent upon
1127	the approval of the receiving state interstate compact
1128	authority. The court may rescind or modify at any time the terms
1129	and conditions theretofore imposed by it upon the offender in
1130	community control. However, if the court withholds adjudication
1131	of guilt or imposes a period of incarceration as a condition of
1132	community control, the period may not exceed 364 days, and
1133	incarceration shall be restricted to a county facility, a
1134	probation and restitution center under the jurisdiction of the
1135	Department of Corrections, a probation program drug punishment
1136	phase I secure residential treatment institution, or a community
1137	residential facility owned or operated by any entity providing
1138	such services.
1139	(3)  The court may place a defendant who is being sentenced
1140	for criminal transmission of HIV in violation of s. 775.0877 on
1141	criminal quarantine community control. The Department of
1142	Corrections shall develop and administer a criminal quarantine
1143	community control program emphasizing intensive supervision with
1144	24-hour-per-day electronic monitoring. Criminal quarantine
1145	community control status must include surveillance and may
1146	include other measures normally associated with community
1147	control, except that specific conditions necessary to monitor
1148	this population may be ordered.
1149	Section 25.  Subsection (1) of section 948.11, Florida
1150	Statutes, is amended to read:
1151	948.11  Electronic monitoring devices.-
1152	(1)(a)  The Department of Corrections may, at its
1153	discretion, electronically monitor an offender sentenced to
1154	community control.
1155	(b)  The Department of Corrections shall electronically
1156	monitor an offender sentenced to criminal quarantine community
1157	control 24 hours per day.
1158	Section 26.  Subsection (4) of section 951.26, Florida
1159	Statutes, is renumbered as subsection (5), and a new subsection
1160	(4) is added to that section to read:
1161	951.26  Public safety coordinating councils.-
1162	(4)  The council may also develop a comprehensive local
1163	reentry plan that is designed to assist offenders released from
1164	incarceration in successfully reentering the community. The
1165	comprehensive local plan shall cover a period of at least 5
1166	years. In developing the plan, the council shall coordinate with
1167	public safety officials and local community organizations that
1168	can provide offenders with reentry services, such as assistance
1169	with housing, health care, education, substance abuse treatment,
1170	and employment.
1171	Section 27.  Subsection (5) of section 958.03, Florida
1172	Statutes, is amended, and subsection (6) is added to that
1173	section, to read:
1174	958.03  Definitions.-As used in this act:
1175	(5)  "Youthful offender" means any person who is sentenced
1176	as such by the court pursuant to s. 958.04 or is classified as
1177	such by the department pursuant to s. 958.11(4) 958.04.
1178	(6)  "Youthful offender facility" means any facility in the
1179	state correctional system that the department designates for the
1180	care, custody, control, and supervision of youthful offenders.
1181	Section 28.  Subsections (4) and (5) of section 958.04,
1182	Florida Statutes, are amended to read:
1183	958.04  Judicial disposition of youthful offenders.-
1184	(4)  Due to severe prison overcrowding, the Legislature
1185	declares the construction of a basic training program facility
1186	is necessary to aid in alleviating an emergency situation.
1187	(5)  The department shall provide a special training
1188	program for staff selected for the basic training program.
1189	Section 29.  Section 958.045, Florida Statutes, is amended
1190	to read:
1191	958.045  Youthful offender basic training program.-
1192	(1)  The department shall develop and implement a basic
1193	training program for youthful offenders sentenced or classified
1194	by the department as youthful offenders pursuant to this
1195	chapter. The period of time to be served at the basic training
1196	program shall be no less than 120 days.
1197	(a)  The program shall include marching drills,
1198	calisthenics, a rigid dress code, manual labor assignments,
1199	physical training with obstacle courses, training in
1200	decisionmaking and personal development, general education
1201	development and adult basic education courses, and drug
1202	counseling and other rehabilitation programs.
1203	(b)  The department shall adopt rules governing the
1204	administration of the youthful offender basic training program,
1205	requiring that basic training participants complete a structured
1206	disciplinary program, and allowing for a restriction on general
1207	inmate population privileges.
1208	(2)  Upon receipt of youthful offenders, the department
1209	shall screen offenders for the basic training program. To
1210	participate, an offender must have no physical limitations that
1211	preclude participation in strenuous activity, must not be
1212	impaired, and must not have been previously incarcerated in a
1213	state or federal correctional facility. In screening offenders
1214	for the basic training program, the department shall consider
1215	the offender's criminal history and the possible rehabilitative
1216	benefits of "shock" incarceration.
1217	(a)  If an offender meets the specified criteria and space
1218	is available, the department shall request, in writing from the
1219	sentencing court, approval for the offender to participate in
1220	the basic training program. If the person is classified by the
1221	department as a youthful offender and the department is
1222	requesting approval from the sentencing court for placement in
1223	the program, the department shall, at the same time, notify the
1224	state attorney that the offender is being considered for
1225	placement in the basic training program. The notice must explain
1226	that the purpose of such placement is diversion from lengthy
1227	incarceration when a short "shock" incarceration could produce
1228	the same deterrent effect, and that the state attorney may,
1229	within 14 days after the mailing of the notice, notify the
1230	sentencing court in writing of objections, if any, to the
1231	placement of the offender in the basic training program.
1232	(b)  The sentencing court shall notify the department in
1233	writing of placement approval no later than 21 days after
1234	receipt of the department's request for placement of the
1235	youthful offender in the basic training program. Failure to
1236	notify the department within 21 days shall be considered an
1237	approval by the sentencing court for placing the youthful
1238	offender in the basic training program. Each state attorney may
1239	develop procedures for notifying the victim that the offender is
1240	being considered for placement in the basic training program.
1241	(3)  The program shall provide a short incarceration period
1242	of rigorous training to offenders who require a greater degree
1243	of supervision than community control or probation provides.
1244	Basic training programs may be operated in secure areas in or
1245	adjacent to an adult institution notwithstanding s. 958.11. The
1246	program is not intended to divert offenders away from probation
1247	or community control but to divert them from long periods of
1248	incarceration when a short "shock" incarceration could produce
1249	the same deterrent effect.
1250	(4)  Upon admittance to the department, an educational and
1251	substance abuse assessment shall be performed on each youthful
1252	offender. Upon admittance to the basic training program, each
1253	offender shall have a full substance abuse assessment to
1254	determine the offender's need for substance abuse treatment. The
1255	educational assessment shall be accomplished through the aid of
1256	the Test of Adult Basic Education or any other testing
1257	instrument approved by the Department of Education, as
1258	appropriate. Each offender who has not obtained a high school
1259	diploma shall be enrolled in an adult education program designed
1260	to aid the offender in improving his or her academic skills and
1261	earning a high school diploma. Further assessments of the prior
1262	vocational skills and future career education shall be provided
1263	to the offender. A periodic evaluation shall be made to assess
1264	the progress of each offender, and upon completion of the basic
1265	training program the assessment and information from the
1266	department's record of each offender shall be transferred to the
1267	appropriate community residential program.
1268	(5)(a)  If an offender in the basic training program
1269	becomes unmanageable, the department may revoke the offender's
1270	gain-time and place the offender in disciplinary confinement in
1271	accordance with department rule for up to 30 days. Except as
1272	provided in paragraph (b) Upon completion of the disciplinary
1273	process, the offender shall be readmitted to the basic training
1274	program upon completion of the disciplinary process. Any period
1275	of time in which the offender is unable to participate in the
1276	basic training activities may be excluded from the program's
1277	specified time requirements.
1278	(b)  The department may terminate an offender from the
1279	basic training program if:
1280	1.  The offender has committed or threatened to commit a
1281	violent act;
1282	2.  The department determines that the offender is unable
1283	to participate in the basic training activities due to medical
1284	reasons;
1285	3.  The offender's sentence is modified or expires;
1286	4.  The department reassigns the offender's classification
1287	status; or
1288	5.  The department determines that removing the offender
1289	from the program is in the best interests of the offender or the
1290	security of the institution, except for an offender who has
1291	committed or threatened to commit a violent act.
1292
1293	If the offender is terminated from the program, the department
1294	may place the offender in a youthful offender facility or assign
1295	a youthful offender to a non-youthful-offender facility in
1296	accordance with s. 958.11(3) the general population to complete
1297	the remainder of the offender's sentence. Any period of time in
1298	which the offender is unable to participate in the basic
1299	training activities may be excluded from the specified time
1300	requirements in the program.
1301	(c)(b)  If the offender is unable to participate in the
1302	basic training activities due to medical reasons, certified
1303	medical personnel shall examine the offender and shall consult
1304	with the basic training program director concerning the
1305	offender's termination from the program.
1306	(d)(c)  The portion of the sentence served before placement
1307	in the basic training program may not be counted toward program
1308	completion. The department shall submit a report to the court at
1309	least 30 days before the youthful offender is scheduled to
1310	complete the basic training program. The report must describe
1311	the offender's performance in the basic training program. If the
1312	youthful offender's performance is satisfactory, the court shall
1313	issue an order modifying the sentence imposed and place the
1314	offender under supervision on probation subject to the offender
1315	successfully completing the remainder of the basic training
1316	program. The term of probation may include placement in a
1317	community residential program. If the offender violates the
1318	conditions of supervision probation, the court may revoke
1319	supervision probation and impose any sentence that it might have
1320	originally imposed.
1321	(6)(a)  Upon completing the basic training program, an
1322	offender shall be transferred to a community residential program
1323	and reside there for a term designated by department rule. If
1324	the basic training program director determines that the offender
1325	is not suitable for the community residential program but is
1326	suitable for an alternative postrelease program or release plan,
1327	within 30 days prior to program completion the department shall
1328	evaluate the offender's needs and determine an alternative
1329	postrelease program or plan. The department's consideration
1330	shall include, but not be limited to, the offender's employment,
1331	residence, family situation, and probation or postrelease
1332	supervision obligations. Upon the approval of the department,
1333	the offender shall be released to an alternative postrelease
1334	program or plan.
1335	(b)  While in the community residential program, as
1336	appropriate, the offender shall engage in gainful employment,
1337	and if any, shall pay restitution to the victim. If appropriate,
1338	the offender may enroll in substance abuse counseling, and if
1339	suitable, shall enroll in a general education development or
1340	adult basic education class for the purpose of attaining a high
1341	school diploma. Upon release from the community residential
1342	program, the offender shall remain on probation, or other
1343	postrelease supervision, and abide by the conditions of the
1344	offender's probation or postrelease supervision. If, upon
1345	transfer from the community residential program, the offender
1346	has not completed the enrolled educational program, the offender
1347	shall continue the educational program until completed. If the
1348	offender fails to complete the program, the department may
1349	request the court or the control release authority to execute an
1350	order returning the offender back to the community residential
1351	program until completion of the program.
1352	(6)(7)  The department shall implement the basic training
1353	program to the fullest extent feasible within the provisions of
1354	this section.
1355	(8)(a)  The Assistant Secretary for Youthful Offenders
1356	shall continuously screen all institutions, facilities, and
1357	programs for any inmate who meets the eligibility requirements
1358	for youthful offender designation specified in s. 958.04, whose
1359	age does not exceed 24 years. The department may classify and
1360	assign as a youthful offender any inmate who meets the criteria
1361	of s. 958.04.
1362	(b)  A youthful offender who is designated as such by the
1363	department and assigned to the basic training program must be
1364	eligible for control release pursuant to s. 947.146.
1365	(c)  The department shall work cooperatively with the
1366	Control Release Authority or the Parole Commission to effect the
1367	release of an offender who has successfully completed the
1368	requirements of the basic training program.
1369	(d)  Upon an offender's completion of the basic training
1370	program, the department shall submit a report to the releasing
1371	authority that describes the offender's performance. If the
1372	performance has been satisfactory, the release authority shall
1373	establish a release date that is within 30 days following
1374	program completion. As a condition of release, the offender
1375	shall be placed in a community residential program as provided
1376	in this section or on community supervision as provided in
1377	chapter 947, and shall be subject to the conditions established
1378	therefor.
1379	(9)  Upon commencement of the community residential
1380	program, the department shall submit annual reports to the
1381	Governor, the President of the Senate, and the Speaker of the
1382	House of Representatives detailing the extent of implementation
1383	of the basic training program and the community residential
1384	program, and outlining future goals and any recommendation the
1385	department has for future legislative action.
1386	(7)(10)  Due to serious and violent crime, the Legislature
1387	declares the construction of a basic training facility is
1388	necessary to aid in alleviating an emergency situation.
1389	(8)(11)  The department shall provide a special training
1390	program for staff selected for the basic training program.
1391	(9)(12)  The department may develop performance-based
1392	contracts with qualified individuals, agencies, or corporations
1393	for the provision of any or all of the youthful offender
1394	programs.
1395	(10)(13)  An offender in the basic training program is
1396	subject to rules of conduct established by the department and
1397	may have sanctions imposed, including loss of privileges,
1398	restrictions, disciplinary confinement, alteration of release
1399	plans, or other program modifications in keeping with the nature
1400	and gravity of the program violation. Administrative or
1401	protective confinement, as necessary, may be imposed.
1402	(11)(14)  The department may establish a system of
1403	incentives within the basic training program which the
1404	department may use to promote participation in rehabilitative
1405	programs and the orderly operation of institutions and
1406	facilities.
1407	(12)(15)  The department shall develop a system for
1408	tracking recidivism, including, but not limited to, rearrests
1409	and recommitment of youthful offenders, and shall report on that
1410	system in its annual reports of the programs.
1411	Section 30.  Section 958.09, Florida Statutes, is amended
1412	to read:
1413	958.09  Extension of limits of confinement; restitution.-
1414	Section 945.091 and the rules developed by the department to
1415	implement that section apply to youthful offenders.
1416	(1)  The department shall adopt rules permitting the
1417	extension of the limits of the place of confinement of a
1418	youthful offender when there is reasonable cause to believe that
1419	the youthful offender will honor the trust placed in him or her.
1420	The department may authorize a youthful offender, under
1421	prescribed conditions and following investigation and approval
1422	by the department which shall maintain a written record of such
1423	action, to leave the place of his or her confinement for a
1424	prescribed period of time:
1425	(a)  To visit a designated place or places for the purpose
1426	of visiting a dying relative, attending the funeral of a
1427	relative, or arranging for employment or for a suitable
1428	residence for use when released; to otherwise aid in the
1429	correction of the youthful offender; or for another compelling
1430	reason consistent with the public interest and to return to the
1431	same or another institution or facility designated by the
1432	department; or
1433	(b)  To work at paid employment, participate in an
1434	educational or a training program, or voluntarily serve a public
1435	or nonprofit agency or a public service program in the
1436	community; provided, that the youthful offender shall be
1437	confined except during the hours of his or her employment,
1438	education, training, or service and while traveling thereto and
1439	therefrom.
1440	(2)  The department shall adopt rules as to the eligibility
1441	of youthful offenders for such extension of confinement, the
1442	disbursement of any earnings of youthful offenders, or the
1443	entering into of agreements between the department and any
1444	municipal, county, or federal agency for the housing of youthful
1445	offenders in a local place of confinement. However, no youthful
1446	offender convicted of sexual battery pursuant to s. 794.011 is
1447	eligible for any extension of the limits of confinement under
1448	this section.
1449	(3)  The willful failure of a youthful offender to remain
1450	within the extended limits of confinement or to return within
1451	the time prescribed to the place of confinement designated by
1452	the department is an escape from the custody of the department
1453	and a felony of the third degree, punishable as provided by s.
1454	775.082.
1455	(4)  The department may contract with other public and
1456	private agencies for the confinement, treatment, counseling,
1457	aftercare, or community supervision of youthful offenders when
1458	consistent with the youthful offenders' welfare and the interest
1459	of society.
1460	(5)  The department shall document and account for all
1461	forms for disciplinary reports for inmates placed on extended
1462	limits of confinement, which reports shall include, but not be
1463	limited to, all violations of rules of conduct, the rule or
1464	rules violated, the nature of punishment administered, the
1465	authority ordering such punishment, and the duration of time
1466	during which the inmate was subjected to confinement.
1467	(6)(a)  The department is authorized to levy fines only
1468	through disciplinary reports and only against inmates placed on
1469	extended limits of confinement. Major and minor infractions and
1470	their respective punishments for inmates placed on extended
1471	limits of confinement shall be defined by the rules of the
1472	department, except that any fine shall not exceed $50 for each
1473	infraction deemed to be minor and $100 for each infraction
1474	deemed to be major. Such fines shall be deposited in the General
1475	Revenue Fund, and a receipt shall be given to the inmate.
1476	(b)  When the chief correctional officer determines that a
1477	fine would be an appropriate punishment for a violation of the
1478	rules of the department, both the determination of guilt and the
1479	amount of the fine shall be determined by the disciplinary
1480	committee pursuant to the method prescribed in s. 944.28(2)(c).
1481	(c)  The department shall develop rules defining the
1482	policies and procedures for the administering of such fines.
1483	Section 31.  Subsection (3) of section 958.11, Florida
1484	Statutes, is amended to read:
1485	958.11  Designation of institutions and programs for
1486	youthful offenders; assignment from youthful offender
1487	institutions and programs.-
1488	(3)  The department may assign a youthful offender to a
1489	non-youthful-offender facility and manage the youthful offender
1490	in a manner consistent with inmates in the adult population in
1491	the state correctional system which is not designated for the
1492	care, custody, control, and supervision of youthful offenders or
1493	an age group only in the following circumstances:
1494	(a)  If the youthful offender is convicted of a new crime
1495	which is a felony under the laws of this state.
1496	(b)  If the youthful offender becomes such a serious
1497	management or disciplinary problem resulting from serious
1498	repeated violations of the rules of the department that his or
1499	her original assignment would be detrimental to the interests of
1500	the program and to other inmates committed thereto.
1501	(c)  If the youthful offender needs medical treatment,
1502	health services, or other specialized treatment otherwise not
1503	available at the youthful offender facility.
1504	(d)  If the department determines that the youthful
1505	offender should be transferred outside of the state correctional
1506	system, as provided by law, for services not provided by the
1507	department.
1508	(e)  If bed space is not available in a designated
1509	community residential facility, the department may assign a
1510	youthful offender to a community residential facility, provided
1511	that the youthful offender is separated from other offenders
1512	insofar as is practical.
1513	(f)  If the youthful offender was originally assigned to a
1514	facility designated for 14-year-old to 18-year-old youthful
1515	offenders, but subsequently reaches the age of 19 years, the
1516	department may retain the youthful offender in the facility if
1517	the department determines that it is in the best interest of the
1518	youthful offender and the department.
1519	(g)  If the department determines that a youthful offender
1520	originally assigned to a facility designated for the 19-24 age
1521	group is mentally or physically vulnerable by such placement,
1522	the department may reassign a youthful offender to a facility
1523	designated for the 14-18 age group if the department determines
1524	that a reassignment is necessary to protect the safety of the
1525	youthful offender or the institution.
1526	(h)  If the department determines that a youthful offender
1527	originally assigned to a facility designated for the 14-18 age
1528	group is disruptive, incorrigible, or uncontrollable, the
1529	department may reassign a youthful offender to a facility
1530	designated for the 19-24 age group if the department determines
1531	that a reassignment would best serve the interests of the
1532	youthful offender and the department.
1533	(i)  If the youthful offender has reached the age of 25.
1534	(j)  If the department cannot adequately ensure the safety
1535	of a youthful offender within a youthful offender facility.
1536	(k)  If the youthful offender has a documented history of
1537	benefiting, promoting, or furthering the interests of a criminal
1538	gang, as defined in s. 874.03, while housed in a youthful
1539	offender facility.
1540	(l)  If the department has classified an offender as a
1541	youthful offender under subsection (4) but determines such
1542	assignment is necessary for population management purposes.
1543	Section 32.  Subsection (1) of section 958.12, Florida
1544	Statutes, is amended to read:
1545	958.12  Participation in certain activities required.-
1546	(1)  A youthful offender shall be required to participate
1547	in work assignments, and in career, academic, counseling, and
1548	other rehabilitative programs in accordance with this section,
1549	including, but not limited to:
1550	(a)  All youthful offenders may be required, as
1551	appropriate, to participate in:
1552	1.  Reception and orientation.
1553	2.  Evaluation, needs assessment, and classification.
1554	3.  Educational programs.
1555	4.  Career and job training.
1556	5.  Life and socialization skills training, including
1557	anger/aggression control.
1558	6.  Prerelease orientation and planning.
1559	7.  Appropriate transition services.
1560	(b)  In addition to the requirements in paragraph (a), the
1561	department shall make available:
1562	1.  Religious services and counseling.
1563	2.  Social services.
1564	3.  Substance abuse treatment and counseling.
1565	4.  Psychological and psychiatric services.
1566	5.  Library services.
1567	6.  Medical and dental health care.
1568	7.  Athletic, recreational, and leisure time activities.
1569	8.  Mail and visiting privileges.
1570
1571	Income derived by a youthful offender from participation in such
1572	activities may be used, in part, to defray a portion of the
1573	costs of his or her incarceration or supervision; to satisfy
1574	preexisting obligations; to pay fines, counseling fees, or other
1575	costs lawfully imposed; or to pay restitution to the victim of
1576	the crime for which the youthful offender has been convicted in
1577	an amount determined by the sentencing court. Any such income
1578	not used for such reasons or not used as provided in s. 946.513
1579	or s. 958.09 shall be placed in a bank account for use by the
1580	youthful offender upon his or her release.
1581	Section 33.  This act shall take effect July 1, 2010.

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