| 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. |