Bill Text: FL H1005 | 2010 | Regular Session | Engrossed

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Bill Title: Corrections [SPSC]

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2010-05-11 - Approved by Governor; Chapter No. 2010-64; companion bill(s) passed, see HB 7035 (Ch. 2010-113) [H1005 Detail]

Download: Florida-2010-H1005-Engrossed.html

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

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