CS/HB 1005

1	A bill to be entitled
2	An act relating to corrections; amending s. 384.34, F.S.;
3	revising criminal penalties pertaining to sexually
4	transmissible diseases; amending s. 775.0877, F.S.;
5	removing a provision authorizing a court to require an
6	offender convicted of criminal transmission of HIV to
7	serve a term of criminal quarantine community control;
8	amending s. 796.08, F.S., relating to criminal
9	transmission of HIV; conforming a cross-reference;
10	creating s. 800.09, F.S.; defining terms; providing that a
11	person who is detained in a state or private correctional
12	facility may not commit lewd or lascivious exhibition in
13	the presence of an employee who the detainee knows or
14	reasonably should know is an employee; providing criminal
15	penalties; amending s. 921.187, F.S.; removing a reference
16	to criminal quarantine community control to conform to
17	changes made by the act; amending s. 940.061, F.S.;
18	requiring that the Department of Corrections send to the
19	Parole Commission by electronic means a monthly list of
20	the names of inmates released from incarceration and
21	offenders terminated from supervision who may be eligible
22	for restoration of civil rights; repealing s. 944.293,
23	F.S., relating to initiation of the restoration of an
24	inmate's civil rights; amending s. 944.35, F.S.; including
25	employees of private correctional facilities within a
26	statute prohibiting employees from committing certain
27	sexual misconduct with inmates; providing criminal
28	penalties;; amending s. 944.605, F.S.; authorizing the
29	Department of Corrections to electronically submit certain
30	information to the sheriff of the county in which the
31	inmate plans to reside and to the chief of police of the
32	municipality where the inmate plans to reside; amending
33	ss. 944.804 and 944.8041, F.S.; requiring the department
34	to establish and operate certain geriatric facilities or
35	dorms at prison institutions; removing provisions
36	requiring the operation of a specified facility; amending
37	s. 945.41, F.S.; deleting a prohibition against the
38	placement of youthful offenders at certain institutions
39	for mental health treatment; amending s. 945.42, F.S.;
40	deleting references to an inmate's refusal of voluntary
41	placement for purposes of determining the inmate's need
42	for care and treatment; amending s. 945.43, F.S.;
43	clarifying that an inmate is placed in, rather than
44	admitted to, a mental health treatment facility; requiring
45	that a petition for placement be filed in the county in
46	which an inmate is located; authorizing the department to
47	transport the inmate to the location of the hearing on
48	such a placement under certain circumstances; amending s.
49	945.46, F.S.; providing procedures for the transport of
50	inmates who are mentally ill and who are scheduled to be
51	released from confinement; creating s. 946.42, F.S.;
52	authorizing the department to use inmate labor on private
53	property under certain circumstances; defining terms;
54	repealing s. 948.001(3), F.S., relating to the definition
55	of the term "criminal quarantine community control," to
56	conform to changes made by the act; amending s. 948.03,
57	F.S.; providing additional conditions of probation to be
58	applied to a defendant; deleting certain requirements for
59	possession of a weapon other than a firearm; requiring
60	that a digitized photograph of an offender be part of the
61	offender's record; authorizing the department to display
62	such photographs on its website for a specified period;
63	providing exceptions; amending s. 948.09, F.S.; conforming
64	a cross-reference; amending ss. 948.101 and 948.11, F.S.;
65	deleting provisions related to criminal quarantine
66	community control; amending s. 951.26, F.S.; authorizing
67	each local public safety coordinating council to develop a
68	comprehensive local reentry plan for offenders reentering
69	the community; providing plan requirements; providing an
70	effective date.
71
72	Be It Enacted by the Legislature of the State of Florida:
73
74	Section 1.  Subsection (5) of section 384.34, Florida
75	Statutes, is amended to read:
76	384.34  Penalties.-
77	(5)  Any person who violates the provisions of s. 384.24(2)
78	commits a felony of the third degree, punishable as provided in
79	s. 775.082, s. 775.083, or s. 775.084 ss. 775.082, 775.083,
80	775.084, and 775.0877(7). Any person who commits multiple
81	violations of the provisions of s. 384.24(2) commits a felony of
82	the first degree, punishable as provided in s. 775.082, s.
83	775.083, or s. 775.084 ss. 775.082, 775.083, 775.084, and
84	775.0877(7).
85	Section 2.  Section 775.0877, Florida Statutes, is amended
86	to read:
87	775.0877  Criminal transmission of HIV; procedures;
88	penalties.-
89	(1)  In any case in which a person has been convicted of or
90	has pled nolo contendere or guilty to, regardless of whether
91	adjudication is withheld, any of the following offenses, or the
92	attempt thereof, which offense or attempted offense involves the
93	transmission of body fluids from one person to another:
94	(a)  Section 794.011, relating to sexual battery;,
95	(b)  Section 826.04, relating to incest;,
96	(c)  Section 800.04(1), (2), and (3), relating to lewd,
97	lascivious, or indecent assault or act upon any person less than
98	16 years of age;,
99	(d)  Sections 784.011, 784.07(2)(a), and 784.08(2)(d),
100	relating to assault;,
101	(e)  Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
102	relating to aggravated assault;,
103	(f)  Sections 784.03, 784.07(2)(b), and 784.08(2)(c),
104	relating to battery;,
105	(g)  Sections 784.045, 784.07(2)(d), and 784.08(2)(a),
106	relating to aggravated battery;,
107	(h)  Section 827.03(1), relating to child abuse;,
108	(i)  Section 827.03(2), relating to aggravated child
109	abuse;,
110	(j)  Section 825.102(1), relating to abuse of an elderly
111	person or disabled adult;,
112	(k)  Section 825.102(2), relating to aggravated abuse of an
113	elderly person or disabled adult;,
114	(l)  Section 827.071, relating to sexual performance by
115	person less than 18 years of age;,
116	(m)  Sections 796.03, 796.07, and 796.08, relating to
117	prostitution;, or
118	(n)  Section 381.0041(11)(b), relating to donation of
119	blood, plasma, organs, skin, or other human tissue,
120
121	the court shall order the offender to undergo HIV testing, to be
122	performed under the direction of the Department of Health in
123	accordance with s. 381.004, unless the offender has undergone
124	HIV testing voluntarily or pursuant to procedures established in
125	s. 381.004(3)(h)6. or s. 951.27, or any other applicable law or
126	rule providing for HIV testing of criminal offenders or inmates,
127	subsequent to her or his arrest for an offense enumerated in
128	paragraphs (a)-(n) for which she or he was convicted or to which
129	she or he pled nolo contendere or guilty. The results of an HIV
130	test performed on an offender pursuant to this subsection are
131	not admissible in any criminal proceeding arising out of the
132	alleged offense.
133	(2)  The results of the HIV test must be disclosed under
134	the direction of the Department of Health, to the offender who
135	has been convicted of or pled nolo contendere or guilty to an
136	offense specified in subsection (1), the public health agency of
137	the county in which the conviction occurred and, if different,
138	the county of residence of the offender, and, upon request
139	pursuant to s. 960.003, to the victim or the victim's legal
140	guardian, or the parent or legal guardian of the victim if the
141	victim is a minor.
142	(3)  An offender who has undergone HIV testing pursuant to
143	subsection (1), and to whom positive test results have been
144	disclosed pursuant to subsection (2), who commits a second or
145	subsequent offense enumerated in paragraphs (1)(a)-(n), commits
146	criminal transmission of HIV, a felony of the third degree,
147	punishable as provided in s. 775.082, s. 775.083, or s. 775.084
148	subsection (7). A person may be convicted and sentenced
149	separately for a violation of this subsection and for the
150	underlying crime enumerated in paragraphs (1)(a)-(n).
151	(4)  An offender may challenge the positive results of an
152	HIV test performed pursuant to this section and may introduce
153	results of a backup test performed at her or his own expense.
154	(5)  Nothing in this section requires that an HIV infection
155	have occurred in order for an offender to have committed
156	criminal transmission of HIV.
157	(6)  For an alleged violation of any offense enumerated in
158	paragraphs (1)(a)-(n) for which the consent of the victim may be
159	raised as a defense in a criminal prosecution, it is an
160	affirmative defense to a charge of violating this section that
161	the person exposed knew that the offender was infected with HIV,
162	knew that the action being taken could result in transmission of
163	the HIV infection, and consented to the action voluntarily with
164	that knowledge.
165	(7)  In addition to any other penalty provided by law for
166	an offense enumerated in paragraphs (1)(a)-(n), the court may
167	require an offender convicted of criminal transmission of HIV to
168	serve a term of criminal quarantine community control, as
169	described in s. 948.001.
170	Section 3.  Subsection (5) of section 796.08, Florida
171	Statutes, is amended to read:
172	796.08  Screening for HIV and sexually transmissible
173	diseases; providing penalties.-
174	(5)  A person who:
175	(a)  Commits or offers to commit prostitution; or
176	(b)  Procures another for prostitution by engaging in
177	sexual activity in a manner likely to transmit the human
178	immunodeficiency virus,
179
180	and who, prior to the commission of such crime, had tested
181	positive for human immunodeficiency virus and knew or had been
182	informed that he or she had tested positive for human
183	immunodeficiency virus and could possibly communicate such
184	disease to another person through sexual activity commits
185	criminal transmission of HIV, a felony of the third degree,
186	punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
187	or s. 775.0877(7). A person may be convicted and sentenced
188	separately for a violation of this subsection and for the
189	underlying crime of prostitution or procurement of prostitution.
190	Section 4.  Section 800.09, Florida Statutes, is created to
191	read:
192	800.09  Lewd or lascivious exhibition in the presence of a
193	facility employee.-
194	(1)  As used in this section, the term:
195	(a)  "Employee" means any person employed by or performing
196	contractual services for a public or private entity operating a
197	facility or any person employed by or performing contractual
198	services for the corporation operating the prison industry
199	enhancement programs or the correctional work programs under
200	part II of chapter 946. The term also includes any person who is
201	a parole examiner with the Parole Commission.
202	(b)  "Facility" means a state correctional institution as
203	defined in s. 944.02 or a private correctional facility as
204	defined in s. 944.710.
205	(2)(a)  A person who is detained in a facility may not, in
206	the presence of a person he or she knows or reasonably should
207	know is an employee:
208	1.  Intentionally masturbate;
209	2.  Intentionally expose his or her genitals in a lewd or
210	lascivious manner; or
211	3.  Intentionally commit any other sexual act, including,
212	but not limited to, sadomasochistic abuse, sexual bestiality, or
213	the simulation of any act involving sexual activity.
214	(b)  A person who violates paragraph (a) commits lewd or
215	lascivious exhibition in the presence of a facility employee, a
216	felony of the third degree, punishable as provided in s.
217	775.082, s. 775.083, or s. 775.084.
218	Section 5.  Subsections (2) and (3) of section 921.187,
219	Florida Statutes, are amended to read:
220	921.187  Disposition and sentencing; alternatives;
221	restitution.-
222	(2)  In addition to any other penalty provided by law for
223	an offense enumerated in s. 775.0877(1)(a)-(n), if the offender
224	is convicted of criminal transmission of HIV pursuant to s.
225	775.0877, the court may sentence the offender to criminal
226	quarantine community control as described in s. 948.001.
227	(2)(3)  The court shall require an offender to make
228	restitution under s. 775.089, unless the court finds clear and
229	compelling reasons not to order such restitution. If the court
230	does not order restitution, or orders restitution of only a
231	portion of the damages, as provided in s. 775.089, the court
232	shall state the reasons on the record in detail. An order
233	requiring an offender to make restitution to a victim under s.
234	775.089 does not remove or diminish the requirement that the
235	court order payment to the Crimes Compensation Trust Fund under
236	chapter 960.
237	Section 6.  Section 940.061, Florida Statutes, is amended
238	to read:
239	940.061  Informing persons about executive clemency and
240	restoration of civil rights.-The Department of Corrections shall
241	inform and educate inmates and offenders on community
242	supervision about the restoration of civil rights. Each month
243	the Department of Corrections shall send to the Parole
244	Commission by electronic means a list of the names of inmates
245	who have been released from incarceration and offenders who have
246	been terminated from supervision who may be eligible and assist
247	eligible inmates and offenders on community supervision with the
248	completion of the application for the restoration of civil
249	rights.
250	Section 7.  Section 944.293, Florida Statutes, is repealed.
251	Section 8.  Paragraph (b) of subsection (3) of section
252	944.35, Florida Statutes, is amended to read:
253	944.35  Authorized use of force; malicious battery and
254	sexual misconduct prohibited; reporting required; penalties.-
255	(3)
256	(b)1.  As used in this paragraph, the term "sexual
257	misconduct" means the oral, anal, or vaginal penetration by, or
258	union with, the sexual organ of another or the anal or vaginal
259	penetration of another by any other object, but does not include
260	an act done for a bona fide medical purpose or an internal
261	search conducted in the lawful performance of the employee's
262	duty.
263	2.  Any employee of the department or a private
264	correctional facility as defined in s. 944.710 who engages in
265	sexual misconduct with an inmate or an offender supervised by
266	the department in the community, without committing the crime of
267	sexual battery, commits a felony of the third degree, punishable
268	as provided in s. 775.082, s. 775.083, or s. 775.084.
269	3.  The consent of the inmate or offender supervised by the
270	department in the community to any act of sexual misconduct may
271	not be raised as a defense to a prosecution under this
272	paragraph.
273	4.  This paragraph does not apply to any employee of the
274	department or any employee of a private correctional facility
275	who is legally married to an inmate or an offender supervised by
276	the department in the community, nor does it apply to any
277	employee who has no knowledge, and would have no reason to
278	believe, that the person with whom the employee has engaged in
279	sexual misconduct is an inmate or an offender under community
280	supervision of the department.
281	Section 9.  Subsection (3) of section 944.605, Florida
282	Statutes, is amended to read:
283	944.605  Inmate release; notification.-
284	(3)(a)  If an inmate is to be released after having served
285	one or more sentences for a conviction of robbery, sexual
286	battery, home-invasion robbery, or carjacking, or an inmate to
287	be released has a prior conviction for robbery, sexual battery,
288	home-invasion robbery, or carjacking or similar offense, in this
289	state or in another jurisdiction, and if such prior conviction
290	information is contained in department records, the department
291	shall release to the sheriff of the county in which the inmate
292	plans to reside, and, if the inmate plans to reside within a
293	municipality, to the chief of police of that municipality, the
294	following information, which must include, but need not be
295	limited to:
296	1.(a)  Name.;
297	2.(b)  Social security number.;
298	3.(c)  Date of birth.;
299	4.(d)  Race.;
300	5.(e)  Sex.;
301	6.(f)  Height.;
302	7.(g)  Weight.;
303	8.(h)  Hair and eye color.;
304	9.(i)  Tattoos or other identifying marks.;
305	10.(j)  Fingerprints.; and
306	11.(k)  A digitized photograph as provided in subsection
307	(2).
308
309	The department shall release the information specified in this
310	paragraph subsection within 6 months prior to the discharge of
311	the inmate from the custody of the department.
312	(b)  The department may electronically submit the
313	information listed in paragraph (a) to the sheriff of the county
314	in which the inmate plans to reside, and, if the inmate plans to
315	reside within a municipality, to the chief of police of that
316	municipality.
317	Section 10.  Section 944.804, Florida Statutes, is amended
318	to read:
319	944.804  Elderly offenders correctional facilities program
320	of 2000.-
321	(1)  The Legislature finds that the number and percentage
322	of elderly offenders in the Florida prison system are is
323	increasing and will continue to increase for the foreseeable
324	future. The current cost to incarcerate elderly offenders is
325	approximately three times the cost of incarceration of younger
326	inmates. Alternatives to the current approaches to housing,
327	programming, and treating the medical needs of elderly
328	offenders, which may reduce the overall costs associated with
329	this segment of the prison population, must be explored and
330	implemented.
331	(2)  The department shall establish and operate a geriatric
332	facilities or geriatric dorms within a facility at the site
333	known as River Junction Correctional Institution, which shall be
334	an institution specifically for generally healthy elderly
335	offenders who can perform general work appropriate for their
336	physical and mental condition. Prior to reopening the facility,
337	the department shall make modifications to the facility which
338	will ensure its compliance with the Americans with Disabilities
339	Act and decrease the likelihood of falls, accidental injury, and
340	other conditions known to be particularly hazardous to the
341	elderly.
342	(a)  In order to decrease long-term medical costs to the
343	state, a preventive fitness/wellness program and diet
344	specifically designed to maintain the mental and physical health
345	of elderly offenders shall be developed and implemented. In
346	developing the program, the department shall give consideration
347	to preventive medical care for the elderly which shall include,
348	but not be limited to, maintenance of bone density, all aspects
349	of cardiovascular health, lung capacity, mental alertness, and
350	orientation. Existing policies and procedures shall be
351	reexamined and altered to encourage offenders to adopt a more
352	healthy lifestyle and maximize their level of functioning. The
353	program components shall be modified as data and experience are
354	received that which measure the relative success of the program
355	components previously implemented.
356	(b)  Consideration must be given to redirecting resources
357	as a method of offsetting increased medical costs. Elderly
358	offenders are not likely to reenter society as a part of the
359	workforce, and programming resources would be better spent in
360	activities to keep the elderly offenders healthy, alert, and
361	oriented. Limited or restricted programming or activities for
362	elderly offenders will increase the daily cost of institutional
363	and health care, and programming opportunities adequate to
364	reduce the cost of care will be provided. Programming shall
365	include, but not be limited to, recreation, education, and
366	counseling that which is needs-specific to elderly offenders.
367	Institutional staff shall be specifically trained to effectively
368	supervise elderly offenders and to detect physical or mental
369	changes that which warrant medical attention before more serious
370	problems develop.
371	(3)  The department shall adopt rules that specify which
372	elderly offenders shall be eligible to be housed at the
373	geriatric correctional facilities or dorms River Junction
374	Correctional Institution.
375	(4)  While developing the criteria for eligibility, the
376	department shall use the information in existing offender
377	databases to determine the number of offenders who would be
378	eligible. The Legislature directs the department to consider a
379	broad range of elderly offenders for the department's geriatric
380	facilities or dorms River Junction Correctional Institution who
381	have good disciplinary records and a medical grade that will
382	permit them to perform meaningful work activities, including
383	participation in an appropriate correctional work program
384	(PRIDE) facility, if available.
385	(5)  The department shall also submit a study based on
386	existing offenders that which projects the number of existing
387	offenders who will qualify under the rules. An appendix to the
388	study shall identify the specific offenders who qualify.
389	Section 11.  Section 944.8041, Florida Statutes, is amended
390	to read:
391	944.8041  Elderly offenders; annual review.-For the purpose
392	of providing information to the Legislature on elderly offenders
393	within the correctional system, the department and the
394	Correctional Medical Authority shall each submit annually a
395	report on the status and treatment of elderly offenders in the
396	state-administered and private state correctional systems and,
397	as well as such information on the department's geriatric
398	facilities and dorms River Junction Correctional Institution. In
399	order to adequately prepare the reports, the department and the
400	Department of Management Services shall grant access to the
401	Correctional Medical Authority that which includes access to the
402	facilities, offenders, and any information the agencies require
403	to complete their reports. The review shall also include an
404	examination of promising geriatric policies, practices, and
405	programs currently implemented in other correctional systems
406	within the United States. The reports, with specific findings
407	and recommendations for implementation, shall be submitted to
408	the President of the Senate and the Speaker of the House of
409	Representatives on or before December 31 of each year.
410	Section 12.  Subsections (4) and (5) of section 945.41,
411	Florida Statutes, are amended to read:
412	945.41  Legislative intent of ss. 945.40-945.49.-It is the
413	intent of the Legislature that mentally ill inmates in the
414	custody of the Department of Corrections receive evaluation and
415	appropriate treatment for their mental illness through a
416	continuum of services. It is further the intent of the
417	Legislature that:
418	(4)  Any inmate sentenced as a youthful offender, or
419	designated as a youthful offender by the department under
420	pursuant to chapter 958, who is transferred pursuant to this act
421	to a mental health treatment facility be separated from other
422	inmates, if necessary, as determined by the warden of the
423	treatment facility. In no case shall any youthful offender be
424	placed at the Florida State Prison or the Union Correctional
425	Institution for mental health treatment.
426	(5)  The department may designate a mental health treatment
427	facilities facility for adult, youthful, and female offenders or
428	may contract with other appropriate entities, persons, or
429	agencies for such services.
430	Section 13.  Subsections (5) and (6) of section 945.42,
431	Florida Statutes, are amended to read:
432	945.42  Definitions; ss. 945.40-945.49.-As used in ss.
433	945.40-945.49, the following terms shall have the meanings
434	ascribed to them, unless the context shall clearly indicate
435	otherwise:
436	(5)  "In immediate need of care and treatment" means that
437	an inmate is apparently mentally ill and is not able to be
438	appropriately cared for in the institution where he or she is
439	confined and that, but for being isolated in a more restrictive
440	and secure housing environment, because of the apparent mental
441	illness:
442	(a)1.  The inmate is demonstrating a refusal to care for
443	himself or herself and without immediate treatment intervention
444	is likely to continue to refuse to care for himself or herself,
445	and such refusal poses an immediate, real, and present threat of
446	substantial harm to his or her well-being; or
447	2.  There is an immediate, real, and present threat that
448	the inmate will inflict serious bodily harm on himself or
449	herself or another person, as evidenced by recent behavior
450	involving causing, attempting, or threatening such harm;
451	(b)1.  The inmate has refused voluntary placement for
452	treatment at a mental health treatment facility after sufficient
453	and conscientious explanation and disclosure of the purpose of
454	placement; or
455	2.  The inmate is unable to determine for himself or
456	herself whether placement is necessary; and
457	(c)  All available less restrictive treatment alternatives
458	that would offer an opportunity for improvement of the inmate's
459	condition have been clinically determined to be inappropriate.
460	(6)  "In need of care and treatment" means that an inmate
461	has a mental illness for which inpatient services in a mental
462	health treatment facility are necessary and that, but for being
463	isolated in a more restrictive and secure housing environment,
464	because of the mental illness:
465	(a)1.  The inmate is demonstrating a refusal to care for
466	himself or herself and without treatment is likely to continue
467	to refuse to care for himself or herself, and such refusal poses
468	a real and present threat of substantial harm to his or her
469	well-being; or
470	2.  There is a substantial likelihood that in the near
471	future the inmate will inflict serious bodily harm on himself or
472	herself or another person, as evidenced by recent behavior
473	causing, attempting, or threatening such harm;
474	(b)1.  The inmate has refused voluntary placement for
475	treatment at a mental health treatment facility after sufficient
476	and conscientious explanation and disclosure of the purpose of
477	placement; or
478	2.  The inmate is unable to determine for himself or
479	herself whether placement is necessary; and
480	(c)  All available less restrictive treatment alternatives
481	that would offer an opportunity for improvement of the inmate's
482	condition have been clinically determined to be inappropriate.
483	Section 14.  Section 945.43, Florida Statutes, is amended
484	to read:
485	945.43  Placement Admission of inmate in a to mental health
486	treatment facility.-
487	(1)  CRITERIA.-An inmate may be placed in admitted to a
488	mental health treatment facility if he or she is mentally ill
489	and is in need of care and treatment, as defined in s. 945.42.
490	(2)  PROCEDURE FOR PLACEMENT IN A MENTAL HEALTH TREATMENT
491	FACILITY.-
492	(a)  An inmate may be placed in admitted to a mental health
493	treatment facility after notice and hearing, upon the
494	recommendation of the warden of the facility where the inmate is
495	confined. The recommendation shall be entered on a petition and
496	must be supported by the expert opinion of a psychiatrist and
497	the second opinion of a psychiatrist or psychological
498	professional. The petition shall be filed with the court in the
499	county where the inmate is located.
500	(b)  A copy of the petition shall be served on the inmate,
501	accompanied by a written notice that the inmate may apply
502	immediately to the court to have an attorney appointed if the
503	inmate cannot afford one.
504	(c)  The petition for placement shall may be filed in the
505	county in which the inmate is located. The hearing shall be held
506	in the same county, and one of the inmate's physicians at the
507	facility where the inmate is located shall appear as a witness
508	at the hearing.
509	(d)  An attorney representing the inmate shall have access
510	to the inmate and any records, including medical or mental
511	health records, that which are relevant to the representation of
512	the inmate.
513	(e)  If the court finds that the inmate is mentally ill and
514	in need of care and treatment, as defined in s. 945.42, the
515	court shall order that he or she be placed in a mental health
516	treatment facility or, if the inmate is at a mental health
517	treatment facility, that he or she be retained there. The court
518	shall authorize the mental health treatment facility to retain
519	the inmate for up to 6 months. If, at the end of that time,
520	continued placement is necessary, the warden shall apply to the
521	Division of Administrative Hearings in accordance with s. 945.45
522	for an order authorizing continued placement.
523	(3)  PROCEDURE FOR HEARING ON PLACEMENT OF AN INMATE IN A
524	MENTAL HEALTH TREATMENT FACILITY.-
525	(a)  The court shall serve notice on the warden of the
526	facility where the inmate is confined and the allegedly mentally
527	ill inmate. The notice must specify the date, time, and place of
528	the hearing; the basis for the allegation of mental illness; and
529	the names of the examining experts. The hearing shall be held
530	within 5 days, and the court may appoint a general or special
531	magistrate to preside. The court may waive the presence of the
532	inmate at the hearing if the such waiver is consistent with the
533	best interests of the inmate and the inmate's counsel does not
534	object. The department may transport the inmate to the location
535	of the hearing if the hearing is not conducted at the facility
536	or by electronic means. The hearing may be as informal as is
537	consistent with orderly procedure. One of the experts whose
538	opinion supported the petition for placement shall be present at
539	the hearing for information purposes.
540	(b)  If, at the hearing, the court finds that the inmate is
541	mentally ill and in need of care and treatment, as defined in s.
542	945.42, the court shall order that he or she be placed in a
543	mental health treatment facility. The court shall provide a copy
544	of its order authorizing placement and all supporting
545	documentation relating to the inmate's condition to the warden
546	of the treatment facility. If the court finds that the inmate is
547	not mentally ill, it shall dismiss the petition for placement.
548	(4)  REFUSAL OF PLACEMENT.-The warden of an institution in
549	which a mental health treatment facility is located may refuse
550	to place any inmate in that treatment facility who is not
551	accompanied by adequate court orders and documentation, as
552	required in ss. 945.40-945.49.
553	Section 15.  Section 945.46, Florida Statutes, is amended
554	to read:
555	945.46  Initiation of involuntary placement proceedings
556	with respect to a mentally ill inmate scheduled for release.-
557	(1)  If an inmate who is receiving mental health treatment
558	in the department is scheduled for release through expiration of
559	sentence or any other means, but continues to be mentally ill
560	and in need of care and treatment, as defined in s. 945.42, the
561	warden is authorized to initiate procedures for involuntary
562	placement pursuant to s. 394.467, 60 days prior to such release.
563	(2)  In addition, the warden may initiate procedures for
564	involuntary examination pursuant to s. 394.463 for any inmate
565	who has a mental illness and meets the criteria of s.
566	394.463(1).
567	(3)  The department may transport an individual who is
568	being released from its custody to a receiving or treatment
569	facility for involuntary examination or placement. Such
570	transport shall be made to a facility that is specified by the
571	Department of Children and Family Services as able to meet the
572	specific needs of the individual. If the Department of Children
573	and Family Services does not specify a facility, transport may
574	be made to the nearest receiving facility.
575	Section 16.  Section 946.42, Florida Statutes, is created
576	to read:
577	946.42  Use of inmates on private property.-
578	(1)  The department may allow inmates who meet the criteria
579	provided in s. 946.40 to enter onto private property to perform
580	public works or for the following purposes:
581	(a)  To accept and collect donations for the use and
582	benefit of the department.
583	(b)  To assist federal, state, local, and private agencies
584	before, during, and after emergencies or disasters.
585	(2)  As used in this section, the term:
586	(a)  "Disaster" means any natural, technological, or civil
587	emergency that causes damage of sufficient severity and
588	magnitude to result in a declaration of a state of emergency by
589	a county, the Governor, or the President of the United States.
590	(b)  "Donations" means gifts of tangible personal property
591	and includes equipment, fixtures, construction materials, food
592	items, and other tangible personal property of a consumable or
593	nonconsumable nature.
594	(c)  "Emergency" means any occurrence or threat of an
595	occurrence, whether natural, technological, or manmade, in war
596	or in peace, that results or may result in substantial injury or
597	harm to the population or substantial damage to or loss of
598	property.
599	Section 17.  Subsection (3) of section 948.001, Florida
600	Statutes, is repealed.
601	Section 18.  Subsection (1) of section 948.03, Florida
602	Statutes, is amended to read:
603	948.03  Terms and conditions of probation.-
604	(1)  The court shall determine the terms and conditions of
605	probation. Conditions specified in this section do not require
606	oral pronouncement at the time of sentencing and may be
607	considered standard conditions of probation. These conditions
608	may include among them the following, that the probationer or
609	offender in community control shall:
610	(a)  Report to the probation and parole supervisors as
611	directed.
612	(b)  Permit such supervisors to visit him or her at his or
613	her home or elsewhere.
614	(c)  Work faithfully at suitable employment insofar as may
615	be possible.
616	(d)  Remain within a specified place.
617	(e)  Live without violating any law. A conviction in a
618	court of law is not necessary for such a violation of law to
619	constitute a violation of probation, community control, or any
620	other form of court-ordered supervision.
621	(f)(e)  Make reparation or restitution to the aggrieved
622	party for the damage or loss caused by his or her offense in an
623	amount to be determined by the court. The court shall make such
624	reparation or restitution a condition of probation, unless it
625	determines that clear and compelling reasons exist to the
626	contrary. If the court does not order restitution, or orders
627	restitution of only a portion of the damages, as provided in s.
628	775.089, it shall state on the record in detail the reasons
629	therefor.
630	(g)(f)  Effective July 1, 1994, and applicable for offenses
631	committed on or after that date, make payment of the debt due
632	and owing to a county or municipal detention facility under s.
633	951.032 for medical care, treatment, hospitalization, or
634	transportation received by the felony probationer while in that
635	detention facility. The court, in determining whether to order
636	such repayment and the amount of the such repayment, shall
637	consider the amount of the debt, whether there was any fault of
638	the institution for the medical expenses incurred, the financial
639	resources of the felony probationer, the present and potential
640	future financial needs and earning ability of the probationer,
641	and dependents, and other appropriate factors.
642	(h)(g)  Support his or her legal dependents to the best of
643	his or her ability.
644	(i)(h)  Make payment of the debt due and owing to the state
645	under s. 960.17, subject to modification based on change of
646	circumstances.
647	(j)(i)  Pay any application fee assessed under s.
648	27.52(1)(b) and attorney's fees and costs assessed under s.
649	938.29, subject to modification based on change of
650	circumstances.
651	(k)(j)  Not associate with persons engaged in criminal
652	activities.
653	(l)(k)1.  Submit to random testing as directed by the
654	correctional probation officer or the professional staff of the
655	treatment center where he or she is receiving treatment to
656	determine the presence or use of alcohol or controlled
657	substances.
658	2.  If the offense was a controlled substance violation and
659	the period of probation immediately follows a period of
660	incarceration in the state correction system, the conditions
661	shall include a requirement that the offender submit to random
662	substance abuse testing intermittently throughout the term of
663	supervision, upon the direction of the correctional probation
664	officer as defined in s. 943.10(3).
665	(m)(l)  Be prohibited from possessing, carrying, or owning
666	any:
667	1.  Firearm unless authorized by the court and consented to
668	by the probation officer.
669	2.  Weapon without first procuring the consent of the
670	correctional probation officer.
671	(n)(m)  Be prohibited from using intoxicants to excess or
672	possessing any drugs or narcotics unless prescribed by a
673	physician. The probationer or community controllee shall not
674	knowingly visit places where intoxicants, drugs, or other
675	dangerous substances are unlawfully sold, dispensed, or used.
676	(o)(n)  Submit to the drawing of blood or other biological
677	specimens as prescribed in ss. 943.325 and 948.014, and
678	reimburse the appropriate agency for the costs of drawing and
679	transmitting the blood or other biological specimens to the
680	Department of Law Enforcement.
681	(p)  Submit to the taking of a digitized photograph by the
682	department as a part of the offender's records. This photograph
683	may be displayed on the department's public website while the
684	offender is under court-ordered supervision. However, this
685	paragraph does not apply to an offender who is on pretrial
686	intervention supervision or an offender whose identity is exempt
687	from disclosure due to an exemption from the requirements of s.
688	119.07.
689	Section 19.  Subsection (7) of section 948.09, Florida
690	Statutes, is amended to read:
691	948.09  Payment for cost of supervision and
692	rehabilitation.-
693	(7)  The department shall establish a payment plan for all
694	costs ordered by the courts for collection by the department and
695	a priority order for payments, except that victim restitution
696	payments authorized under s. 948.03(1)(f)(e) take precedence
697	over all other court-ordered payments. The department is not
698	required to disburse cumulative amounts of less than $10 to
699	individual payees established on this payment plan.
700	Section 20.  Section 948.101, Florida Statutes, is amended
701	to read:
702	948.101  Terms and conditions of community control and
703	criminal quarantine community control.-
704	(1)  The court shall determine the terms and conditions of
705	community control. Conditions specified in this subsection do
706	not require oral pronouncement at the time of sentencing and may
707	be considered standard conditions of community control.
708	(a)  The court shall require intensive supervision and
709	surveillance for an offender placed into community control,
710	which may include, but is not limited to:
711	(a)1.  Specified contact with the parole and probation
712	officer.
713	(b)2.  Confinement to an agreed-upon residence during hours
714	away from employment and public service activities.
715	(c)3.  Mandatory public service.
716	(d)4.  Supervision by the Department of Corrections by
717	means of an electronic monitoring device or system.
718	(e)5.  The standard conditions of probation set forth in s.
719	948.03.
720	(b)  For an offender placed on criminal quarantine
721	community control, the court shall require:
722	1.  Electronic monitoring 24 hours per day.
723	2.  Confinement to a designated residence during designated
724	hours.
725	(2)  The enumeration of specific kinds of terms and
726	conditions does not prevent the court from adding thereto any
727	other terms or conditions that the court considers proper.
728	However, the sentencing court may only impose a condition of
729	supervision allowing an offender convicted of s. 794.011, s.
730	800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 to reside in
731	another state if the order stipulates that it is contingent upon
732	the approval of the receiving state interstate compact
733	authority. The court may rescind or modify at any time the terms
734	and conditions theretofore imposed by it upon the offender in
735	community control. However, if the court withholds adjudication
736	of guilt or imposes a period of incarceration as a condition of
737	community control, the period may not exceed 364 days, and
738	incarceration shall be restricted to a county facility, a
739	probation and restitution center under the jurisdiction of the
740	Department of Corrections, a probation program drug punishment
741	phase I secure residential treatment institution, or a community
742	residential facility owned or operated by any entity providing
743	such services.
744	(3)  The court may place a defendant who is being sentenced
745	for criminal transmission of HIV in violation of s. 775.0877 on
746	criminal quarantine community control. The Department of
747	Corrections shall develop and administer a criminal quarantine
748	community control program emphasizing intensive supervision with
749	24-hour-per-day electronic monitoring. Criminal quarantine
750	community control status must include surveillance and may
751	include other measures normally associated with community
752	control, except that specific conditions necessary to monitor
753	this population may be ordered.
754	Section 21.  Subsection (1) of section 948.11, Florida
755	Statutes, is amended to read:
756	948.11  Electronic monitoring devices.-
757	(1)(a)  The Department of Corrections may, at its
758	discretion, electronically monitor an offender sentenced to
759	community control.
760	(b)  The Department of Corrections shall electronically
761	monitor an offender sentenced to criminal quarantine community
762	control 24 hours per day.
763	Section 22.  Subsection (4) of section 951.26, Florida
764	Statutes, is renumbered as subsection (5), and a new subsection
765	(4) is added to that section to read:
766	951.26  Public safety coordinating councils.-
767	(4)  The council may also develop a comprehensive local
768	reentry plan that is designed to assist offenders released from
769	incarceration to successfully reenter the community. The plan
770	should cover at least a 5-year period. In developing the plan,
771	the council shall coordinate with public safety officials and
772	local community organizations who can provide offenders with
773	reentry services, such as assistance with housing, health care,
774	education, substance abuse treatment, and employment.
775	Section 23.  This act shall take effect July 1, 2010.

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