Senate Bill sb0306
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Florida Senate - 2001 SB 306
By Senator Clary
7-76A-01
1 A bill to be entitled
2 An act relating to crime victims and witnesses;
3 amending s. 947.175, F.S.; requiring that the
4 Parole Commission notify a victim's parent,
5 guardian, or next of kin under certain
6 circumstances after the inmate who committed
7 the crime is approved for community work
8 release; amending s. 958.07, F.S.; authorizing
9 the victim of a crime or the victim's parent,
10 guardian, or next of kin to review the
11 presentence investigation report under certain
12 circumstances; amending s. 960.001, F.S.;
13 requiring that a crime victim or witness be
14 informed of the address confidentiality
15 program; requiring that the victim of a sex
16 offense be informed of the right to have the
17 courtroom cleared of certain persons when the
18 victim is testifying about the offense;
19 providing an effective date.
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21 Be It Enacted by the Legislature of the State of Florida:
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23 Section 1. Subsection (3) of section 947.175, Florida
24 Statutes, is amended to read:
25 947.175 Notice to local agencies.--
26 (3) Upon request, the department shall within 30 days
27 after an inmate is approved for community work release, the
28 Parole Commission shall notify the state attorney, the victim,
29 the victim's parent or guardian if the victim is a minor, the
30 victim's next of kin in the case of a homicide, or the
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Florida Senate - 2001 SB 306
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1 personal representative that of the victim when an inmate has
2 been is approved for community work release.
3 Section 2. Section 958.07, Florida Statutes, is
4 amended to read:
5 958.07 Presentence report; access by defendant.--The
6 defendant is entitled to an opportunity to present to the
7 court facts which would materially affect the decision of the
8 court to adjudicate the defendant a youthful offender. The
9 defendant, his or her attorney, and the state shall be
10 entitled to inspect all factual material contained in the
11 comprehensive presentence report or diagnostic reports
12 prepared or received by the department. The victim, the
13 victim's parent or guardian if the victim is a minor, or the
14 victim's next of kin in the case of a homicide may review the
15 presentence investigation report as provided in s.
16 960.001(1)(g)2. The court may withhold from disclosure to the
17 defendant and his or her attorney sources of information which
18 have been obtained through a promise of confidentiality. In
19 all cases in which parts of the report are not disclosed, the
20 court shall state for the record the reasons for its action
21 and shall inform the defendant and his or her attorney that
22 information has not been disclosed.
23 Section 3. Paragraphs (c), (g), and (q) of subsection
24 (1) of section 960.001, Florida Statutes, are amended to read:
25 960.001 Guidelines for fair treatment of victims and
26 witnesses in the criminal justice and juvenile justice
27 systems.--
28 (1) The Department of Legal Affairs, the state
29 attorneys, the Department of Corrections, the Department of
30 Juvenile Justice, the Parole Commission, the State Courts
31 Administrator and circuit court administrators, the Department
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Florida Senate - 2001 SB 306
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1 of Law Enforcement, and every sheriff's department, police
2 department, or other law enforcement agency as defined in s.
3 943.10(4) shall develop and implement guidelines for the use
4 of their respective agencies, which guidelines are consistent
5 with the purposes of this act and s. 16(b), Art. I of the
6 State Constitution and are designed to implement the
7 provisions of s. 16(b), Art. I of the State Constitution and
8 to achieve the following objectives:
9 (c) Information concerning protection available to
10 victim or witness.--A victim or witness shall be furnished, as
11 a matter of course, with information on steps that are
12 available to law enforcement officers and state attorneys to
13 protect victims and witnesses from intimidation. The victim or
14 witness shall also be given information about the address
15 confidentiality program provided under s. 741.403.
16 (g)1. Consultation with victim or guardian or family
17 of victim.--
18 1. In addition to being notified of the provisions of
19 s. 921.143, the victim of a felony involving physical or
20 emotional injury or trauma or, in a case in which the victim
21 is a minor child or in a homicide, the guardian or family of
22 the victim shall be consulted by the state attorney in order
23 to obtain the views of the victim or family about the
24 disposition of any criminal or juvenile case brought as a
25 result of such crime, including the views of the victim or
26 family about:
27 a. The release of the accused pending judicial
28 proceedings;
29 b. Plea agreements;
30 c. Participation in pretrial diversion programs; and
31 d. Sentencing of the accused.
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1 2. Upon request, the state attorney shall permit the
2 victim, the victim's parent or guardian if the victim is a
3 minor, or the victim's next of kin in the case of a homicide
4 to review a copy of the presentence investigation report prior
5 to the sentencing hearing if one was completed. Any
6 confidential information that pertains to medical history,
7 mental health, or substance abuse and any information that
8 pertains to any other victim shall be redacted from the copy
9 of the report. Any person who reviews the report pursuant to
10 this paragraph must maintain the confidentiality of the report
11 and shall not disclose its contents to any person except
12 statements made to the state attorney or the court.
13 3. When an inmate has been approved for community work
14 release, the Parole Commission shall, upon request and as
15 provided in s. 947.175, notify the victim, the victim's parent
16 or guardian if the victim is a minor, or the victim's next of
17 kin in the case of a homicide.
18 (q) Presence of victim advocate during discovery
19 deposition; testimony of victim of a sex offense.--At the
20 request of the victim, the victim advocate designated by state
21 attorney's office, sheriff's office, or municipal police
22 department, or one representative from a not-for-profit victim
23 services organization, including, but not limited to, rape
24 crisis centers, domestic violence advocacy groups, and alcohol
25 abuse or substance abuse groups shall be permitted to attend
26 and be present during any deposition of the victim. The victim
27 of a sex offense shall be informed of the right to have the
28 courtroom cleared of certain persons as provided in s. 918.16
29 when the victim is testifying concerning that offense.
30 Section 4. This act shall take effect July 1, 2001.
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2 SENATE SUMMARY
3 Requires the Parole Commission to notify a minor victim's
parent or guardian or a homicide victim's next of kin
4 within 30 days after the inmate who committed the crime
is approved for community work release. Requires that a
5 crime victim or witness be informed that his or her
address may be kept confidential. Requires that the
6 victim of a sex offense be informed of the right to have
the courtroom cleared of certain persons when the victim
7 is testifying about that offense.
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