Florida Senate - 2021                                    SB 1032
       
       
        
       By Senator Perry
       
       
       
       
       
       8-00700B-21                                           20211032__
    1                        A bill to be entitled                      
    2         An act relating to gain-time; amending s. 921.002,
    3         F.S.; revising the principles that the Criminal
    4         Punishment Code embodies as it relates to punishment
    5         and rehabilitation; conforming provisions to changes
    6         made by the act; amending s. 944.275, F.S.;
    7         authorizing the Department of Corrections to grant
    8         deductions from sentences in the form of outstanding
    9         deed gain-time, good behavior time, and rehabilitation
   10         credits, rather than solely for gain-time, for
   11         specified purposes; revising a prisoner’s “tentative
   12         release date” that the department must calculate for
   13         each prisoner based on his or her outstanding deed
   14         gain-time, good behavior time, and rehabilitation
   15         credits; requiring the department to grant good
   16         behavior time, rather than basic gain-time, as a means
   17         of encouraging satisfactory behavior and developing
   18         character traits necessary for successful reentry to
   19         the community, subject to certain conditions;
   20         authorizing the department to grant rehabilitation
   21         credits, rather than incentive gain-time, for each
   22         month during which a prisoner engages in specified
   23         activities; revising the rates of eligibility to earn
   24         rehabilitation credits; increasing the authorized
   25         amount of outstanding deed gain-time which a prisoner
   26         may be granted per outstanding deed performed;
   27         requiring, rather than authorizing, the department to
   28         grant a certain amount of days of rehabilitation
   29         credits to a prisoner for the successful completion of
   30         specified degrees, certificates, or programs;
   31         requiring the department to grant a specified number
   32         of additional days of rehabilitation credit for
   33         successful completion of specified programs; providing
   34         for retroactivity of specified rehabilitation credits;
   35         authorizing the department to grant a certain
   36         additional amount of days per month to prisoners
   37         serving sentences for certain violations; providing
   38         for retroactivity of specified good behavior time;
   39         prohibiting certain prisoners from being eligible to
   40         earn or receive outstanding deed gain-time or good
   41         behavior time in an amount that would cause a sentence
   42         to expire, end, or terminate, or that would result in
   43         a prisoner’s release, before he or she serves a
   44         specified minimum percentage of the sentence imposed;
   45         prohibiting certain prisoners from earning or
   46         receiving rehabilitation credits in an amount that
   47         would cause a sentence to expire, end, or terminate,
   48         or that would result in a prisoner’s release, before
   49         he or she serves a specified minimum percentage of the
   50         sentence imposed; providing that good behavior time
   51         not yet vested may be forfeited according to law after
   52         due process if a prisoner is found guilty of an
   53         infraction of certain laws or rules; providing a
   54         vesting period for good behavior time; requiring the
   55         department to adopt rules in accordance with the
   56         changes made by the act; conforming provisions to
   57         changes made by the act; making technical changes;
   58         amending s. 794.011, F.S.; conforming a provision to
   59         changes made by the act; reenacting ss. 775.084(4)(k),
   60         900.05(2)(v) and (3)(e), 944.605(1), 944.607(6),
   61         947.005(15), and 985.4815(6)(a), F.S., relating to
   62         gain-time granted by the department, the definition of
   63         “gain-time credit earned” and gain-time data that the
   64         department must collect, a required notification of
   65         expiration of sentence, a requirement that a digitized
   66         photograph of sexual offenders be taken within a
   67         certain time before release, the definition of
   68         “tentative release date,” and a requirement that a
   69         digitized photograph of sexual offenders be taken
   70         within a certain time before release, respectively, to
   71         incorporate the amendment made to s. 944.275, F.S., in
   72         references thereto; providing an effective date.
   73          
   74  Be It Enacted by the Legislature of the State of Florida:
   75  
   76         Section 1. Subsection (1) of section 921.002, Florida
   77  Statutes, is amended to read:
   78         921.002 The Criminal Punishment Code.—The Criminal
   79  Punishment Code shall apply to all felony offenses, except
   80  capital felonies, committed on or after October 1, 1998.
   81         (1) The provision of criminal penalties and of limitations
   82  upon the application of such penalties is a matter of
   83  predominantly substantive law and, as such, is a matter properly
   84  addressed by the Legislature. The Legislature, in the exercise
   85  of its authority and responsibility to establish sentencing
   86  criteria, to provide for the imposition of criminal penalties,
   87  and to make the best use of state prisons so that violent
   88  criminal offenders are appropriately punished and rehabilitated
   89  incarcerated, has determined that it is in the best interest of
   90  the state to develop, implement, and revise a sentencing policy.
   91  The Criminal Punishment Code embodies the principles that:
   92         (a) Sentencing is neutral with respect to race, gender, and
   93  social and economic status.
   94         (b) The dual purposes primary purpose of sentencing in the
   95  criminal justice system are is to punish the offender and
   96  rehabilitate the offender so that he or she can successfully
   97  transition back into the community. Rehabilitation is a desired
   98  goal of the criminal justice system but is subordinate to the
   99  goal of punishment.
  100         (c) The penalty imposed is commensurate with the severity
  101  of the primary offense and the circumstances surrounding the
  102  primary offense.
  103         (d) The severity of the sentence increases with the length
  104  and nature of the offender’s prior record.
  105         (e) The sentence imposed by the sentencing judge reflects
  106  the length of actual time to be served, shortened only by the
  107  application of outstanding deed incentive and meritorious gain
  108  time, good behavior time, and rehabilitation credits as provided
  109  by law, and may not be shortened if the defendant would
  110  consequently serve less than 65 85 percent of his or her term of
  111  imprisonment as provided in s. 944.275(4). The provisions of
  112  chapter 947, relating to parole, do not shall not apply to
  113  persons sentenced under the Criminal Punishment Code.
  114         (f) Departures below the lowest permissible sentence
  115  established by the code must be articulated in writing by the
  116  trial court judge and made only when circumstances or factors
  117  reasonably justify the mitigation of the sentence. The level of
  118  proof necessary to establish facts that support a departure from
  119  the lowest permissible sentence is a preponderance of the
  120  evidence.
  121         (g) The trial court judge may impose a sentence up to and
  122  including the statutory maximum for any offense, including an
  123  offense that is before the court due to a violation of probation
  124  or community control.
  125         (h) A sentence may be appealed on the basis that it departs
  126  from the Criminal Punishment Code only if the sentence is below
  127  the lowest permissible sentence or as enumerated in s.
  128  924.06(1).
  129         (i) Use of incarcerative sanctions is prioritized toward
  130  offenders convicted of serious offenses and certain offenders
  131  who have long prior records, in order to maximize the finite
  132  capacities of state and local correctional facilities.
  133         Section 2. Section 944.275, Florida Statutes, is amended to
  134  read:
  135         944.275 Outstanding deed gain-time; good behavior time;
  136  rehabilitation credits.—
  137         (1) The department is authorized to grant deductions from
  138  sentences in the form of outstanding deed gain-time, good
  139  behavior time, and rehabilitation credits in order to encourage
  140  satisfactory prisoner behavior, to provide incentive for
  141  prisoners to participate in productive activities, and to reward
  142  prisoners who perform outstanding deeds or services.
  143         (2)(a) The department shall establish for each prisoner
  144  sentenced to a term of years a “maximum sentence expiration
  145  date,” which shall be the date when the sentence or combined
  146  sentences imposed on a prisoner will expire. In establishing
  147  this date, the department shall reduce the total time to be
  148  served by any time lawfully credited.
  149         (b) When a prisoner with an established maximum sentence
  150  expiration date is sentenced to an additional term or terms
  151  without having been released from custody, the department shall
  152  extend the maximum sentence expiration date by the length of
  153  time imposed in the new sentence or sentences, less lawful
  154  credits.
  155         (c) When an escaped prisoner or a parole violator is
  156  returned to the custody of the department, the maximum sentence
  157  expiration date in effect when the escape occurred or the parole
  158  was effective shall be extended by the amount of time the
  159  prisoner was not in custody plus the time imposed in any new
  160  sentence or sentences, but reduced by any lawful credits.
  161         (3)(a) The department shall also establish for each
  162  prisoner sentenced to a term of years a “tentative release date”
  163  which shall be the date projected for the prisoner’s release
  164  from custody by virtue of outstanding deed gain-time, good
  165  behavior time, or rehabilitation credits granted or forfeited as
  166  described in this section. The initial tentative release date
  167  shall be determined by deducting outstanding deed basic gain
  168  time, good behavior time, or rehabilitation credits granted from
  169  the maximum sentence expiration date. Outstanding deed Other
  170  gain-time, good behavior time, and rehabilitation credits shall
  171  be applied when granted or restored to make the tentative
  172  release date proportionately earlier; and forfeitures of good
  173  behavior time gain-time, when ordered, shall be applied to make
  174  the tentative release date proportionately later.
  175         (b) When an initial tentative release date is reestablished
  176  because of additional sentences imposed before the prisoner has
  177  completely served all prior sentences, any outstanding deed
  178  gain-time, good behavior time, and rehabilitation credits
  179  granted during service of a prior sentence and not forfeited
  180  shall be applied.
  181         (c) The tentative release date may not be later than the
  182  maximum sentence expiration date.
  183         (4)(a) As a means of encouraging satisfactory behavior and
  184  developing character traits necessary for successful reentry to
  185  the community, the department shall grant good behavior time
  186  basic gain-time at the rate of 10 days for each month of each
  187  sentence imposed on a prisoner, subject to the following:
  188         1. Portions of any sentences to be served concurrently
  189  shall be treated as a single sentence when determining good
  190  behavior time basic gain-time.
  191         2. Good behavior time Basic gain-time for a partial month
  192  shall be prorated on the basis of a 30-day month.
  193         3. When a prisoner receives a new maximum sentence
  194  expiration date because of additional sentences imposed, good
  195  behavior time basic gain-time shall be granted for the amount of
  196  time the maximum sentence expiration date was extended.
  197         (b) For each month in which a prisoner an inmate works
  198  diligently, participates in training or education, uses time
  199  constructively, or otherwise engages in positive activities, the
  200  department may grant rehabilitation credits incentive gain-time
  201  in accordance with this paragraph. The rate of rehabilitation
  202  credits incentive gain-time in effect on the date the prisoner
  203  inmate committed the offense that which resulted in his or her
  204  incarceration shall be the prisoner’s inmate’s rate of
  205  eligibility to earn rehabilitation credits incentive gain-time
  206  throughout the period of incarceration and may shall not be
  207  altered by a subsequent change in the severity level of the
  208  offense for which the prisoner inmate was sentenced.
  209         1. For sentences imposed for offenses committed before
  210  prior to January 1, 1994, and on or after October 1, 1995, up to
  211  20 days of rehabilitation credits incentive gain-time may be
  212  granted. If granted, such rehabilitation credits gain-time shall
  213  be credited and applied monthly.
  214         2. For sentences imposed for offenses committed on or after
  215  January 1, 1994, and before October 1, 1995:
  216         a. For offenses ranked in offense severity levels 1 through
  217  7, under former s. 921.0012 or former s. 921.0013, up to 25 days
  218  of rehabilitation credits incentive gain-time may be granted. If
  219  granted, such rehabilitation credits gain-time shall be credited
  220  and applied monthly.
  221         b. For offenses ranked in offense severity levels 8, 9, and
  222  10, under former s. 921.0012 or former s. 921.0013, up to 20
  223  days of rehabilitation credits incentive gain-time may be
  224  granted. If granted, such rehabilitation credits gain-time shall
  225  be credited and applied monthly.
  226         3. For sentences imposed for offenses committed on or after
  227  October 1, 1995, the department may grant up to 10 days per
  228  month of incentive gain-time.
  229         (c) A prisoner An inmate who performs some outstanding
  230  deed, such as saving a life or assisting in recapturing an
  231  escaped prisoner inmate, or who in some manner performs an
  232  outstanding service that would merit the granting of additional
  233  deductions from the term of his or her sentence may be granted
  234  outstanding deed meritorious gain-time of from 30 1 to 60 days
  235  per outstanding deed performed.
  236         (d) Notwithstanding the monthly maximum awards of
  237  rehabilitation credits under subparagraphs (b)1. and 2.,
  238  incentive gain-time under subparagraphs (b)1., 2., and 3., the
  239  education program manager shall recommend, and the department
  240  shall grant awards of Corrections may grant, a one-time award of
  241  60 additional days of rehabilitation credits for each of the
  242  following successfully completed by a prisoner: incentive gain
  243  time to an inmate who is otherwise eligible and who successfully
  244  completes requirements for and is, or has been during the
  245  current commitment, awarded a high school equivalency diploma, a
  246  college degree, a or vocational certificate, a drug treatment
  247  program, a mental health treatment program, a life skills
  248  program, a behavioral modification program, a reentry program,
  249  or an equivalent rehabilitative program. Additionally, the
  250  department shall grant 5 additional days of rehabilitation
  251  credits for successful completion of any other department
  252  approved program, including prisoner-developed programs or a
  253  passing grade in each online or in-person educational course.
  254  Rehabilitation credits under this paragraph are retroactive.
  255         (e)Notwithstanding the monthly maximum awards of
  256  rehabilitation credits under subparagraphs (b)1. and 2., the
  257  department may grant 2 additional days per month of good
  258  behavior time to prisoners serving sentences for violations of
  259  s. 893.13 or s. 893.135. Good behavior time under this paragraph
  260  is retroactive Under no circumstances may an inmate receive more
  261  than 60 days for educational attainment pursuant to this
  262  section.
  263         (f)(e) Notwithstanding subparagraph (b)1. subparagraph
  264  (b)3., for sentences imposed for offenses committed on or after
  265  October 1, 2014, the department may not grant rehabilitation
  266  credits incentive gain-time if the offense is a violation of s.
  267  782.04(1)(a)2.c.; s. 787.01(3)(a)2. or 3.; s. 787.02(3)(a)2. or
  268  3.; s. 794.011, excluding s. 794.011(10); s. 800.04; s.
  269  825.1025; or s. 847.0135(5).
  270         (g)1.(f)A prisoner An inmate who is subject to this
  271  subsection subparagraph (b)3. is not eligible to earn or receive
  272  outstanding deed gain-time or good behavior time under paragraph
  273  (a), paragraph (b), paragraph (c), or paragraph (d) or any other
  274  type of gain-time in an amount that would cause a sentence to
  275  expire, end, or terminate, or that would result in a prisoner’s
  276  release, before he or she serves prior to serving a minimum of
  277  85 percent of the sentence imposed.
  278         2.A prisoner who is subject to this subsection may not
  279  earn or receive rehabilitation credits in an amount that would
  280  cause a sentence to expire, end, or terminate, or that would
  281  result in a prisoner’s release, before he or she serves a
  282  minimum of 65 percent of the sentence imposed.
  283         3. For purposes of this paragraph, credits awarded by the
  284  court for time physically incarcerated shall be credited toward
  285  satisfaction of 85 percent of the sentence imposed. Except as
  286  provided by this section, a prisoner may not accumulate further
  287  gain-time awards at any point when the tentative release date is
  288  the same as that date at which the prisoner will have served 65
  289  85 percent of the sentence imposed. State prisoners sentenced to
  290  life imprisonment shall be incarcerated for the rest of their
  291  natural lives, unless granted pardon or clemency.
  292         (5) If When a prisoner is found guilty of an infraction of
  293  the laws of this state or the rules of the department, good
  294  behavior time not yet vested gain-time may be forfeited
  295  according to law after due process. For purposes of this
  296  subsection, good behavior time vests 2 years after being
  297  granted.
  298         (6)(a) Good behavior time Basic gain-time under this
  299  section shall be computed on and applied to all sentences
  300  imposed for offenses committed on or after July 1, 1978, and
  301  before January 1, 1994.
  302         (b) All outstanding deed incentive and meritorious gain
  303  time, good behavior time, and rehabilitation credits are is
  304  granted according to this section.
  305         (c) All additional gain-time previously awarded under
  306  former subsections (2) and (3) and all forfeitures ordered
  307  before prior to the effective date of the act that created this
  308  section shall remain in effect and be applied in establishing an
  309  initial tentative release date.
  310         (7) The department shall adopt rules to implement the
  311  granting, forfeiture, restoration, and deletion of outstanding
  312  deed gain-time, good behavior time, and rehabilitation credits.
  313         Section 3. Subsection (7) of section 794.011, Florida
  314  Statutes, is amended to read:
  315         794.011 Sexual battery.—
  316         (7) A person who is convicted of committing a sexual
  317  battery on or after October 1, 1992, is not eligible for
  318  statutory basic gain-time under s. 944.275. This subsection may
  319  be cited as the “Junny Rios-Martinez, Jr. Act of 1992.”
  320         Section 4. For the purpose of incorporating the amendment
  321  made by this act to section 944.275, Florida Statutes, in a
  322  reference thereto, paragraph (k) of subsection (4) of section
  323  775.084, Florida Statutes, is reenacted to read:
  324         775.084 Violent career criminals; habitual felony offenders
  325  and habitual violent felony offenders; three-time violent felony
  326  offenders; definitions; procedure; enhanced penalties or
  327  mandatory minimum prison terms.—
  328         (4)
  329         (k)1. A defendant sentenced under this section as a
  330  habitual felony offender, a habitual violent felony offender, or
  331  a violent career criminal is eligible for gain-time granted by
  332  the Department of Corrections as provided in s. 944.275(4)(b).
  333         2. For an offense committed on or after October 1, 1995, a
  334  defendant sentenced under this section as a violent career
  335  criminal is not eligible for any form of discretionary early
  336  release, other than pardon or executive clemency, or conditional
  337  medical release granted pursuant to s. 947.149.
  338         3. For an offense committed on or after July 1, 1999, a
  339  defendant sentenced under this section as a three-time violent
  340  felony offender shall be released only by expiration of sentence
  341  and shall not be eligible for parole, control release, or any
  342  form of early release.
  343         Section 5. For the purpose of incorporating the amendment
  344  made by this act to section 944.275, Florida Statutes, in
  345  references thereto, paragraph (v) of subsection (2) and
  346  paragraph (e) of subsection (3) of section 900.05, Florida
  347  Statutes, are reenacted to read:
  348         900.05 Criminal justice data collection.—
  349         (2) DEFINITIONS.—As used in this section, the term:
  350         (v) “Gain-time credit earned” means a credit of time
  351  awarded to an inmate in a county detention facility in
  352  accordance with s. 951.21 or a state correctional institution or
  353  facility in accordance with s. 944.275.
  354         (3) DATA COLLECTION AND REPORTING.—An entity required to
  355  collect data in accordance with this subsection shall collect
  356  the specified data and report them in accordance with this
  357  subsection to the Department of Law Enforcement on a monthly
  358  basis.
  359         (e) Department of Corrections.—The Department of
  360  Corrections shall collect the following data:
  361         1. Information related to each inmate, including:
  362         a. Identifying information, including name, date of birth,
  363  race, ethnicity, gender, case number, and identification number
  364  assigned by the department.
  365         b. Highest education level.
  366         c. Date the inmate was admitted to the custody of the
  367  department for his or her current incarceration.
  368         d. Current institution placement and the security level
  369  assigned to the institution.
  370         e. Custody level assignment.
  371         f. Qualification for a flag designation as defined in this
  372  section, including sexual offender flag, habitual offender flag,
  373  habitual violent felony offender flag, prison releasee
  374  reoffender flag, three-time violent felony offender flag,
  375  violent career criminal flag, gang affiliation flag, or
  376  concurrent or consecutive sentence flag.
  377         g. County that committed the prisoner to the custody of the
  378  department.
  379         h. Whether the reason for admission to the department is
  380  for a new conviction or a violation of probation, community
  381  control, or parole. For an admission for a probation, community
  382  control, or parole violation, the department shall report
  383  whether the violation was technical or based on a new violation
  384  of law.
  385         i. Specific statutory citation for which the inmate was
  386  committed to the department, including, for an inmate convicted
  387  of drug trafficking under s. 893.135, the statutory citation for
  388  each specific drug trafficked.
  389         j. Length of sentence served.
  390         k. Length of concurrent or consecutive sentences served.
  391         l. Tentative release date.
  392         m. Gain time earned in accordance with s. 944.275.
  393         n. Prior incarceration within the state.
  394         o. Disciplinary violation and action.
  395         p. Participation in rehabilitative or educational programs
  396  while in the custody of the department.
  397         q. Digitized sentencing scoresheet prepared in accordance
  398  with s. 921.0024.
  399         2. Information about each state correctional institution or
  400  facility, including:
  401         a. Budget for each state correctional institution or
  402  facility.
  403         b. Daily prison population of all inmates incarcerated in a
  404  state correctional institution or facility.
  405         c. Daily number of correctional officers for each state
  406  correctional institution or facility.
  407         3. Information related to persons supervised by the
  408  department on probation or community control, including:
  409         a. Identifying information for each person supervised by
  410  the department on probation or community control, including his
  411  or her name, date of birth, race, ethnicity, gender, case
  412  number, and department-assigned case number.
  413         b. Length of probation or community control sentence
  414  imposed and amount of time that has been served on such
  415  sentence.
  416         c. Projected termination date for probation or community
  417  control.
  418         d. Revocation of probation or community control due to a
  419  violation, including whether the revocation is due to a
  420  technical violation of the conditions of supervision or from the
  421  commission of a new law violation.
  422         4. Per diem rates for:
  423         a. Prison bed.
  424         b. Probation.
  425         c. Community control.
  426  
  427  This information only needs to be reported once annually at the
  428  time the most recent per diem rate is published.
  429         Section 6. For the purpose of incorporating the amendment
  430  made by this act to section 944.275, Florida Statutes, in a
  431  reference thereto, subsection (1) of section 944.605, Florida
  432  Statutes, is reenacted to read:
  433         944.605 Inmate release; notification; identification card.—
  434         (1) Within 6 months before the release of an inmate from
  435  the custody of the Department of Corrections or a private
  436  correctional facility by expiration of sentence under s.
  437  944.275, any release program provided by law, or parole under
  438  chapter 947, or as soon as possible if the offender is released
  439  earlier than anticipated, notification of such anticipated
  440  release date shall be made known by the Department of
  441  Corrections to the chief judge of the circuit in which the
  442  offender was sentenced, the appropriate state attorney, the
  443  original arresting law enforcement agency, the Department of Law
  444  Enforcement, and the sheriff as chief law enforcement officer of
  445  the county in which the inmate plans to reside. In addition,
  446  unless otherwise requested by the victim, the victim’s parent or
  447  guardian if the victim is a minor, the lawful representative of
  448  the victim or of the victim’s parent or guardian if the victim
  449  is a minor, the victim’s next of kin in the case of a homicide,
  450  the state attorney or the Department of Corrections, whichever
  451  is appropriate, shall notify such person within 6 months before
  452  the inmate’s release, or as soon as possible if the offender is
  453  released earlier than anticipated, when the name and address of
  454  such victim, or the name and address of the parent, guardian,
  455  next of kin, or lawful representative of the victim has been
  456  furnished to the agency. The state attorney shall provide the
  457  latest address documented for the victim, or for the victim’s
  458  parent, guardian, next of kin, or lawful representative, as
  459  applicable, to the sheriff with the other documents required by
  460  law for the delivery of inmates to those agencies for service of
  461  sentence. Upon request, within 30 days after an inmate is
  462  approved for community work release, the state attorney, the
  463  victim, the victim’s parent or guardian if the victim is a
  464  minor, the victim’s next of kin in the case of a homicide, or
  465  the lawful representative of the victim or of the victim’s
  466  parent or guardian if the victim is a minor shall be notified
  467  that the inmate has been approved for community work release.
  468  This section does not imply any repeal or modification of any
  469  provision of law relating to notification of victims.
  470         Section 7. For the purpose of incorporating the amendment
  471  made by this act to section 944.275, Florida Statutes, in a
  472  reference thereto, subsection (6) of section 944.607, Florida
  473  Statutes, is reenacted to read:
  474         944.607 Notification to Department of Law Enforcement of
  475  information on sexual offenders.—
  476         (6) The information provided to the Department of Law
  477  Enforcement must include:
  478         (a) The information obtained from the sexual offender under
  479  subsection (4);
  480         (b) The sexual offender’s most current address, place of
  481  permanent, temporary, or transient residence within the state or
  482  out of state, and address, location or description, and dates of
  483  any current or known future temporary residence within the state
  484  or out of state, while the sexual offender is under supervision
  485  in this state, including the name of the county or municipality
  486  in which the offender permanently or temporarily resides, or has
  487  a transient residence, and address, location or description, and
  488  dates of any current or known future temporary residence within
  489  the state or out of state, and, if known, the intended place of
  490  permanent, temporary, or transient residence, and address,
  491  location or description, and dates of any current or known
  492  future temporary residence within the state or out of state upon
  493  satisfaction of all sanctions;
  494         (c) The legal status of the sexual offender and the
  495  scheduled termination date of that legal status;
  496         (d) The location of, and local telephone number for, any
  497  Department of Corrections’ office that is responsible for
  498  supervising the sexual offender;
  499         (e) An indication of whether the victim of the offense that
  500  resulted in the offender’s status as a sexual offender was a
  501  minor;
  502         (f) The offense or offenses at conviction which resulted in
  503  the determination of the offender’s status as a sex offender;
  504  and
  505         (g) A digitized photograph of the sexual offender which
  506  must have been taken within 60 days before the offender is
  507  released from the custody of the department or a private
  508  correctional facility by expiration of sentence under s. 944.275
  509  or must have been taken by January 1, 1998, or within 60 days
  510  after the onset of the department’s supervision of any sexual
  511  offender who is on probation, community control, conditional
  512  release, parole, provisional release, or control release or who
  513  is supervised by the department under the Interstate Compact
  514  Agreement for Probationers and Parolees. If the sexual offender
  515  is in the custody of a private correctional facility, the
  516  facility shall take a digitized photograph of the sexual
  517  offender within the time period provided in this paragraph and
  518  shall provide the photograph to the department.
  519  
  520  If any information provided by the department changes during the
  521  time the sexual offender is under the department’s control,
  522  custody, or supervision, including any change in the offender’s
  523  name by reason of marriage or other legal process, the
  524  department shall, in a timely manner, update the information and
  525  provide it to the Department of Law Enforcement in the manner
  526  prescribed in subsection (2).
  527         Section 8. For the purpose of incorporating the amendment
  528  made by this act to section 944.275, Florida Statutes, in a
  529  reference thereto, subsection (15) of section 947.005, Florida
  530  Statutes, is reenacted to read:
  531         947.005 Definitions.—As used in this chapter, unless the
  532  context clearly indicates otherwise:
  533         (15) “Tentative release date” means the date projected for
  534  the prisoner’s release from custody by virtue of gain-time
  535  granted or forfeited pursuant to s. 944.275(3)(a).
  536         Section 9. For the purpose of incorporating the amendment
  537  made by this act to section 944.275, Florida Statutes, in a
  538  reference thereto, paragraph (a) of subsection (6) of section
  539  985.4815, Florida Statutes, is reenacted to read:
  540         985.4815 Notification to Department of Law Enforcement of
  541  information on juvenile sexual offenders.—
  542         (6)(a) The information provided to the Department of Law
  543  Enforcement must include the following:
  544         1. The information obtained from the sexual offender under
  545  subsection (4).
  546         2. The sexual offender’s most current address and place of
  547  permanent, temporary, or transient residence within the state or
  548  out of state, and address, location or description, and dates of
  549  any current or known future temporary residence within the state
  550  or out of state, while the sexual offender is in the care or
  551  custody or under the jurisdiction or supervision of the
  552  department in this state, including the name of the county or
  553  municipality in which the offender permanently or temporarily
  554  resides, or has a transient residence, and address, location or
  555  description, and dates of any current or known future temporary
  556  residence within the state or out of state; and, if known, the
  557  intended place of permanent, temporary, or transient residence,
  558  and address, location or description, and dates of any current
  559  or known future temporary residence within the state or out of
  560  state upon satisfaction of all sanctions.
  561         3. The legal status of the sexual offender and the
  562  scheduled termination date of that legal status.
  563         4. The location of, and local telephone number for, any
  564  department office that is responsible for supervising the sexual
  565  offender.
  566         5. An indication of whether the victim of the offense that
  567  resulted in the offender’s status as a sexual offender was a
  568  minor.
  569         6. The offense or offenses at adjudication and disposition
  570  that resulted in the determination of the offender’s status as a
  571  sex offender.
  572         7. A digitized photograph of the sexual offender, which
  573  must have been taken within 60 days before the offender was
  574  released from the custody of the department or a private
  575  correctional facility by expiration of sentence under s.
  576  944.275, or within 60 days after the onset of the department’s
  577  supervision of any sexual offender who is on probation,
  578  postcommitment probation, residential commitment, nonresidential
  579  commitment, licensed child-caring commitment, community control,
  580  conditional release, parole, provisional release, or control
  581  release or who is supervised by the department under the
  582  Interstate Compact Agreement for Probationers and Parolees. If
  583  the sexual offender is in the custody of a private correctional
  584  facility, the facility shall take a digitized photograph of the
  585  sexual offender within the time period provided in this
  586  subparagraph and shall provide the photograph to the department.
  587         Section 10. This act shall take effect July 1, 2021.