HB 7137

1	A bill to be entitled
2	An act relating to the Department of Corrections; amending
3	s. 921.187, F.S.; deleting certain provisions limiting
4	circumstances under which an offender may be placed in
5	community control; amending s. 943.16, F.S.; eliminating
6	provisions requiring that a law enforcement officer
7	reimburse the employing agency for wages and benefits paid
8	by the employing agency if the officer terminates
9	employment before the end of a 2-year commitment period;
10	eliminating wages and benefits from the costs that
11	employing agencies may recover; eliminating the definition
12	of the term "academy training period"; amending s.
13	944.1905, F.S.; authorizing the department to assign
14	certain young adult offenders to a facility for youthful
15	offenders until the offender reaches a specified age;
16	deleting provisions requiring that certain young adult
17	offenders be housed and provided certain services
18	separately from older offenders; amending s. 944.47, F.S.;
19	providing that a cellular telephone or other portable
20	communication device that is introduced inside the secure
21	perimeter of a state correctional institution without
22	prior authorization is contraband; prohibiting an inmate
23	or other person upon the grounds of the institution from
24	possessing such contraband without authorization;
25	providing a definition; providing criminal penalties;
26	amending s. 948.01, F.S.; deleting the requirement that a
27	court using a specified alternative to a sentence of
28	incarceration require the Department of Corrections to
29	provide certain notifications; amending s. 948.10, F.S.;
30	deleting a requirement that community control programs and
31	manuals be developed in consultation with the Florida
32	Conference of Circuit Court Judges and the State Courts
33	Administrator; deleting the prohibition on sentencing
34	offenders convicted of certain forcible felonies to
35	community control; deleting requirements for the
36	department in developing and implementing community
37	control programs, resource directories, and training
38	programs; deleting a requirement for the Florida Court
39	Education Council and the State Courts Administrator to
40	coordinate certain resources for judges pertaining to
41	community control; eliminating provisions governing review
42	and notice by the department of offenders ineligible for
43	community control and requiring the department to develop
44	a caseload equalization strategy; conforming provisions to
45	deletion of the prohibition on sentencing offenders
46	convicted of certain forcible felonies to community
47	control; amending s. 958.04, F.S.; authorizing the court
48	to sentence a person as a youthful offender if the
49	offender is younger than 21 years of age at the time
50	sentence is imposed; requiring the Department of
51	Corrections to adopt by rule criteria to define successful
52	participation in the youthful offender program; amending
53	s. 958.11, F.S.; removing the specific designation of
54	youthful offender facilities for housing female offenders;
55	revising requirements for the department with respect to
56	assigning or transferring youthful offenders; removing
57	references to the Assistant Secretary for Youthful
58	Offenders; amending s. 958.12, F.S.; removing the
59	requirement for a youthful offender to be visited by a
60	probation and parole officer before release; removing the
61	requirement for the department to develop community
62	partnerships with the Department of Labor and Employment
63	Security and the Department of Children and Family
64	Services and including private agencies as possible
65	partners in such partnerships; amending s. 120.57, F.S.;
66	allowing administrative law judges to appoint private pro
67	bono attorneys in hearings on the continued placement of
68	inmates under a specified provision; amending s. 945.41,
69	F.S.; eliminating a requirement that the Department of
70	Corrections contract with the Department of Children and
71	Family Services to provide certain mental health services;
72	authorizing the Department of Corrections to contract with
73	other entities or persons to provide mental health
74	services to inmates; amending s. 945.42, F.S.; revising
75	definitions and defining the term "crisis stabilization
76	care"; amending s. 945.43, F.S.; revising the procedures
77	for placing an inmate in a mental health treatment
78	facility; authorizing the court to waive the presence of
79	the inmate at the hearing on the inmate's placement;
80	amending s. 945.44, F.S.; providing for the emergency
81	placement of an inmate in a mental health treatment
82	facility; amending s. 945.45, F.S.; revising the
83	provisions governing the continued placement of an inmate
84	in a mental health treatment facility; authorizing an
85	administrative law judge to appoint a private pro bono
86	attorney to represent an inmate in continued placement
87	hearings; providing that the administrative law judge may
88	waive the presence of the inmate at the hearing under
89	certain conditions; amending s. 945.46, F.S.; authorizing
90	the warden to initiate procedures for the involuntary
91	examination of an inmate who has a mental illness and
92	meets certain criteria; amending s. 945.47, F.S.;
93	providing for the transfer of an inmate who is no longer
94	in need of mental health treatment; deleting certain
95	provisions governing involuntary placement; requiring that
96	a summary of the inmate's treatment be provided to the
97	Parole Commission and the Department of Children and
98	Family Services upon request; amending s. 945.48, F.S.;
99	revising the procedure for the involuntary mental health
100	treatment of an inmate; providing for the warden of the
101	institution containing the mental health treatment
102	facility to petition the circuit court for an order
103	authorizing involuntary treatment; providing requirements
104	for the hearing on involuntary treatment; limiting the
105	period that an order authorizing involuntary treatment is
106	effective; providing a procedure for emergency treatment;
107	amending s. 945.49, F.S.; deleting a provision requiring
108	that training provided to correctional officers employed
109	by a mental health treatment facility be in accordance
110	with the requirements of the Criminal Justice Standards
111	and Training Commission; deleting a requirement that a
112	specified number of administrative law judges be assigned
113	to conduct hearings on continued placement of inmates;
114	requiring that inmates receiving mental health treatment
115	be subject to the same standards applied to other inmates
116	in the department; providing an effective date.
117
118	Be It Enacted by the Legislature of the State of Florida:
119
120	Section 1.  Subsections (2), (3), and (4) of section
121	921.187, Florida Statutes, are amended to read:
122	921.187  Disposition and sentencing; alternatives;
123	restitution.--
124	(2)  An offender may not be placed in community control if:
125	(a)  Convicted of or adjudication is withheld for a
126	forcible felony as defined in s. 776.08; and
127	(b)  Previously convicted of or adjudication was withheld
128	for a forcible felony as defined in s. 776.08.
129
130	Nothing in this subsection prohibits placement of certain
131	inmates on community control pursuant to s. 947.1747. For
132	purposes of this subsection, a forcible felony does not include
133	manslaughter or burglary.
134	(2)(3)  In addition to any other penalty provided by law
135	for an offense enumerated in s. 775.0877(1)(a)-(n), if the
136	offender is convicted of criminal transmission of HIV pursuant
137	to s. 775.0877, the court may sentence the offender to criminal
138	quarantine community control as described in s. 948.001.
139	(3)(4)  The court shall require an offender to make
140	restitution under s. 775.089, unless the court finds clear and
141	compelling reasons not to order such restitution. If the court
142	does not order restitution, or orders restitution of only a
143	portion of the damages, as provided in s. 775.089, the court
144	shall state the reasons on the record in detail. An order
145	requiring an offender to make restitution to a victim under s.
146	775.089 does not remove or diminish the requirement that the
147	court order payment to the Crimes Compensation Trust Fund under
148	chapter 960.
149	Section 2.  Section 943.16, Florida Statutes, is amended to
150	read:
151	943.16  Payment of tuition or officer certification
152	examination fee by employing agency; reimbursement of tuition,
153	other course expenses, wages, and benefits.--
154	(1)  An employing agency is authorized to pay any costs of
155	tuition of a trainee in attendance at an approved basic recruit
156	training program.
157	(2)(a)  A trainee who attends such approved training
158	program at the expense of an employing agency must remain in the
159	employment or appointment of such employing agency for a period
160	of not less than 2 years after graduation from the basic recruit
161	training program. If employment or appointment is terminated on
162	the trainee's own initiative within 2 years, he or she shall
163	reimburse the employing agency for the full cost of his or her
164	tuition and, other course expenses, and additional amounts as
165	provided in paragraph (b).
166	(b)  In addition to reimbursement for the full cost of
167	tuition and other course expenses, a trainee terminating
168	employment as provided in paragraph (a) shall reimburse the
169	employing agency for the trainee's wages and benefits paid by
170	the employing agency during the academy training period
171	according to the following schedule:
172	1.  For a trainee terminating employment within 6 months of
173	graduation from the basic recruit training program, the full
174	amount of wages and benefits paid during the academy training
175	period.
176	2.  For a trainee terminating employment within 6 months
177	and 1 day to 12 months of graduation from the basic recruit
178	training program, an amount equal to three-fourths of the full
179	amount of wages and benefits paid during the academy training
180	period.
181	3.  For a trainee terminating employment within 12 months
182	and 1 day to 18 months of graduation from the basic recruit
183	training program, an amount equal to one-half of the full amount
184	of wages and benefits paid during the academy training period.
185	4.  For a trainee terminating employment within 18 months
186	and 1 day to 24 months of graduation from the basic recruit
187	training program, an amount equal to one-fourth of the full
188	amount of wages and benefits paid during the academy training
189	period.
190	(3)  An employing agency is authorized to pay the required
191	fee for an applicant to take the officer certification
192	examination on one occasion.
193	(4)  An employing agency may institute a civil action to
194	collect such cost of tuition and, other course expenses, wages,
195	and benefits as provided in this section if it is not
196	reimbursed, provided that the employing agency gave written
197	notification to the trainee of the 2-year employment commitment
198	during the employment screening process. The trainee shall
199	return signed acknowledgment of receipt of such notification.
200	(5)  For purposes of this section, "academy training
201	period" means the period of time that a trainee is attending an
202	approved basic recruit training program in a law enforcement or
203	correctional officer academy class for purposes of obtaining
204	certification pursuant to this chapter, until the date of
205	graduation from such class. the term "other course expenses"
206	includes the cost of meals.
207	(6)  This section does not apply to trainees who terminate
208	employment with the employing agency and resign their
209	certification upon termination in order to obtain employment for
210	which certification under this chapter is not required. Further,
211	this section does not apply to trainees attending auxiliary
212	officer training.
213	(7)  Notwithstanding the provisions of this section, an
214	employing agency may waive a trainee's requirement of
215	reimbursement in part or in full when the trainee terminates
216	employment due to hardship or extenuating circumstances.
217	Section 3.  Subsection (5) of section 944.1905, Florida
218	Statutes, is amended to read:
219	944.1905  Initial inmate classification; inmate
220	reclassification.--The Department of Corrections shall classify
221	inmates pursuant to an objective classification scheme. The
222	initial inmate classification questionnaire and the inmate
223	reclassification questionnaire must cover both aggravating and
224	mitigating factors.
225	(5)(a)  Notwithstanding any other provision of this section
226	or chapter 958, the department shall assign to facilities
227	housing youthful offenders specific correctional facilities all
228	inmates who are less than 18 years of age and who are not
229	eligible for and have not been assigned to a facility for
230	youthful offenders under the provisions of chapter 958. Such an
231	inmate shall be assigned to a facility for youthful offenders
232	until the inmate is 18 years of age; however, the department may
233	assign the inmate to a facility for youthful offenders until the
234	inmate reaches an age not to exceed 21 years if the department
235	determines that the continued assignment is in the best
236	interests of the inmate and the assignment does not pose an
237	unreasonable risk to other inmates in the facility. Any such
238	inmate who is less than 18 years of age shall be housed in a
239	dormitory that is separate from inmates who are 18 years of age
240	or older. Furthermore, the department shall provide any food
241	service, education, and recreation for such inmate separately
242	from inmates who are 18 years of age or older.
243	(b)  Notwithstanding the requirements of s. 958.11, any
244	inmate who is less than 18 years of age, who was 15 years of age
245	or younger at the time of his or her offense, and who has no
246	prior juvenile adjudication must be placed in a facility for
247	youthful offenders until the inmate is 18 years of age. At the
248	discretion of the department, such an inmate may be placed in a
249	facility for youthful offenders until the inmate is 21 years of
250	age.
251	(b)(c)  Any inmate who is assigned to a facility under
252	paragraph (a) is subject to the provisions of s. 958.11
253	regarding facility assignments, and or paragraph (b) shall be
254	removed and reassigned to the general inmate population if his
255	or her behavior threatens the safety of other inmates or
256	correctional staff.
257	Section 4.  Paragraph (a) of subsection (1) and subsection
258	(2) of section 944.47, Florida Statutes, are amended to read:
259	944.47  Introduction, removal, or possession of certain
260	articles unlawful; penalty.--
261	(1)(a)  Except through regular channels as authorized by
262	the officer in charge of the correctional institution, it is
263	unlawful to introduce into or upon the grounds of any state
264	correctional institution, or to take or attempt to take or send
265	or attempt to send therefrom, any of the following articles
266	which are hereby declared to be contraband for the purposes of
267	this section, to wit:
268	1.  Any written or recorded communication or any currency
269	or coin given or transmitted, or intended to be given or
270	transmitted, to any inmate of any state correctional
271	institution.
272	2.  Any article of food or clothing given or transmitted,
273	or intended to be given or transmitted, to any inmate of any
274	state correctional institution.
275	3.  Any intoxicating beverage or beverage which causes or
276	may cause an intoxicating effect.
277	4.  Any controlled substance as defined in s. 893.02(4) or
278	any prescription or nonprescription drug having a hypnotic,
279	stimulating, or depressing effect.
280	5.  Any firearm or weapon of any kind or any explosive
281	substance.
282	6.  Any cellular telephone or other portable communication
283	device intentionally and unlawfully introduced inside the secure
284	perimeter of any state correctional institution without prior
285	authorization or consent from the officer in charge of such
286	correctional institution. As used in this subparagraph, the term
287	"portable communication device" means any device carried, worn,
288	or stored which is designed or intended to receive or transmit
289	verbal or written messages, access or store data, or connect
290	electronically to the Internet or any other electronic device
291	and which allows communications in any form. Such devices
292	include, but are not limited to, portable two-way pagers, hand-
293	held radios, cellular telephones, Blackberry-type devices,
294	personal digital assistants or PDA's, laptop computers, or any
295	components of these devices which are intended to be used to
296	assemble such devices. The term also includes any new technology
297	that is developed for similar purposes. Excluded from this
298	definition is any device having communication capabilities which
299	has been approved or issued by the department for investigative
300	or institutional security purposes or for conducting other state
301	business.
302	(2)  A person who violates any provision of this section as
303	it pertains to an article of contraband described in
304	subparagraph (1)(a)1., or subparagraph (1)(a)2., or subparagraph
305	(1)(a)6. commits is guilty of a felony of the third degree,
306	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
307	In all other cases, a violation of a provision of this section
308	constitutes a felony of the second degree, punishable as
309	provided in s. 775.082, s. 775.083, or s. 775.084.
310	Section 5.  Paragraph (c) of subsection (3) of section
311	948.01, Florida Statutes, is amended to read:
312	948.01  When court may place defendant on probation or into
313	community control.--
314	(3)  If, after considering the provisions of subsection (2)
315	and the offender's prior record or the seriousness of the
316	offense, it appears to the court in the case of a felony
317	disposition that probation is an unsuitable dispositional
318	alternative to imprisonment, the court may place the offender in
319	a community control program as provided in s. 948.10. Or, in a
320	case of prior disposition of a felony commitment, upon motion of
321	the offender or the department or upon its own motion, the court
322	may, within the period of its retained jurisdiction following
323	commitment, suspend the further execution of the disposition and
324	place the offender in a community control program upon such
325	terms as the court may require. The court may consult with a
326	local offender advisory council pursuant to s. 948.90 with
327	respect to the placement of an offender into community control.
328	Not later than 3 working days before the hearing on the motion,
329	the department shall forward to the court all relevant material
330	on the offender's progress while in custody. If this sentencing
331	alternative to incarceration is utilized, the court shall:
332	(c)  Require the department to provide notifications
333	pursuant to s. 948.10(7).
334	Section 6.  Section 948.10, Florida Statutes, is amended to
335	read:
336	948.10  Community control programs.--
337	(1)  The Department of Corrections shall develop and
338	administer a community control program. Such community control
339	program and required manuals shall be developed in consultation
340	with the Florida Conference of Circuit Court Judges and the
341	office of the State Courts Administrator. This complementary
342	program shall be rigidly structured and designed to accommodate
343	offenders who, in the absence of such a program, would have been
344	incarcerated. The program shall focus on the provision of
345	sanctions and consequences which are commensurate with the
346	seriousness of the crime. The program shall offer the courts and
347	the Parole Commission an alternative, community-based method to
348	punish an offender in lieu of incarceration when the offender is
349	a member of one of the following target groups:
350	(a)  Probation violators charged with technical violations
351	or misdemeanor violations.
352	(b)  Parole violators charged with technical violations or
353	misdemeanor violations.
354	(c)  Individuals found guilty of felonies, who, due to
355	their criminal backgrounds or the seriousness of the offenses,
356	would not be placed on regular probation.
357	(2)  An offender may not be placed in community control if:
358	(a)  Convicted of or adjudication withheld for a forcible
359	felony as defined in s. 776.08, and
360	(b)  Previously convicted of or adjudication withheld for a
361	forcible felony as defined in s. 776.08.
362
363	Nothing in this subsection prohibits placement of certain
364	inmates on community control pursuant to s. 947.1747. For the
365	purposes of this subsection, a forcible felony does not include
366	manslaughter or burglary.
367	(2)(3)  The department shall commit not less than 10
368	percent of the parole and probation field staff and supporting
369	resources to the operation of the community control program.
370	Caseloads should be restricted to a maximum of 25 cases per
371	officer in order to ensure an adequate level of staffing.
372	Community control is an individualized program in which the
373	offender is restricted to noninstitutional quarters or
374	restricted to his or her own residence subject to an authorized
375	level of limited freedom.
376	(4)  The department shall develop and implement procedures
377	to diagnose offenders during the prison intake process in order
378	to recommend to the sentencing courts, during the period of
379	retained jurisdiction, suitable candidates for placement in a
380	program of community control.
381	(5)  The Department of Corrections shall develop, or shall
382	contract for the development of, an implementation manual, a
383	resource directory, and training programs for implementing
384	community control programs.
385	(a)1.  The community control implementation manual shall
386	include, but shall not be limited to, an explanation of the
387	types of offenders who should be placed in community control
388	programs, procedures for diagnosing offenders, objectives and
389	goals of such placements, examples of alternative placements
390	based upon the experience of other states, and instruction in
391	developing an individualized program for each offender.
392	2.  An offender's individualized program shall include
393	diagnosis of treatment needs in the areas of education,
394	substance abuse, and mental health, as well as community
395	sanction provisions, restitution and community service
396	provisions, rehabilitation objectives and programs, and a
397	schedule for periodic review and reevaluation of such
398	individualized programs. Individualized programs for offenders
399	who committed controlled substance violations shall include
400	provision for the conduct of random substance abuse testing
401	intermittently throughout the term of supervision, upon the
402	direction of the correctional probation officer as defined in s.
403	943.10(3).
404	(b)  The community control resource directory shall
405	include, but shall not be limited to, for each circuit in the
406	state, an identification and description of community resources
407	that are available for the implementation of community control
408	programs, which resources include the following:
409	1.  The name, address, phone, county location, capacity,
410	and cost.
411	2.  Client eligibility and characteristics which prohibit
412	acceptance.
413	3.  The objectives of the program.
414	4.  The primary source of referrals.
415	5.  The average length of stay.
416	6.  The services offered.
417	(c)  Training programs shall be provided for correctional
418	field staff, local offender advisory councils, and others
419	responsible for the implementation of community control
420	programs.
421	(6)  The Florida Court Education Council and the office of
422	the State Courts Administrator shall coordinate the development
423	and implementation of a reference manual, directory, and
424	training programs for judges in relation to community control
425	disposition.
426	(7)  Upon written request, when an offender is placed on
427	community control, the department shall notify:
428	(a)  The original arresting law enforcement agency.
429	(b)  The sheriff or chief law enforcement officer of the
430	county in which the offender is to be placed.
431	(c)  The chief officer of any local law enforcement agency
432	within whose jurisdiction the offender is to be placed.
433	(d)  The victim of the offense, the victim's parent or
434	guardian if the victim is a minor, the lawful representative of
435	the victim or the victim's parent or guardian if the victim is a
436	minor, or the next of kin if the victim is a homicide victim.
437
438	Such notification shall include the name and street address of
439	the offender, the length of supervision, and the nature of the
440	offense. Update notification must be provided with respect to
441	violation of the terms or conditions of the placement.
442	(8)  If an offender is sentenced to community control by
443	the court and the offender is ineligible to be placed on
444	community control as provided in subsection (2), the department
445	shall:
446	(a)  Review and verify whether an ineligible offender was
447	placed on community control.
448	(b)  Within 30 days after receipt of the order, notify the
449	sentencing judge, the state attorney, and the Attorney General
450	that the offender was ineligible for placement on community
451	control.
452	(c)  Provide a quarterly report to the chief judge and the
453	state attorney of each circuit citing the number of ineligible
454	offenders placed on community control within that circuit.
455	(d)  Provide an annual report to the Governor, the
456	President of the Senate, the Speaker of the House of
457	Representatives, and the Chief Justice of the Supreme Court on
458	the placement of ineligible offenders on community control in
459	order to assist in preparing judicial education programs or for
460	any other purpose.
461	(3)(9)  Procedures governing violations of community
462	control shall be the same as those described in s. 948.06 with
463	respect to probation.
464	(4)(10)  Upon completion of the sanctions imposed in the
465	community control plan before the expiration of the term ordered
466	by the court, the department may petition the court to discharge
467	the offender from community control supervision or to return the
468	offender to a program of regular probation supervision. In
469	considering the petition, the court should recognize the limited
470	staff resources committed to the community control program, the
471	purpose of the program, and the offender's successful compliance
472	with the conditions set forth in the order of the court.
473	(11)  The Department of Corrections shall:
474	(a)  Develop and maintain a weighted statewide caseload
475	equalization strategy designed to ensure that high-risk
476	offenders receive the highest level of supervision; and
477	(b)  Develop and implement a supervision risk assessment
478	instrument for the community control population which is similar
479	to the probation risk assessment instrument established by the
480	National Institute of Justice.
481	(5)(12)  In its annual report to the Governor, the
482	President of the Senate, and the Speaker of the House of
483	Representatives under s. 20.315(5), the department shall include
484	a detailed analysis of the community control program and the
485	department's specific efforts to protect the public from
486	offenders placed on community control. The analysis must
487	include, but need not be limited to, specific information on the
488	department's ability to meet minimum officer-to-offender contact
489	standards, the number of crimes committed by offenders on
490	community control, and the level of community supervision
491	provided.
492	Section 7.  Subsections (1) and (2) of section 958.04,
493	Florida Statutes, are amended to read:
494	958.04  Judicial disposition of youthful offenders.--
495	(1)  The court may sentence as a youthful offender any
496	person:
497	(a)  Who is at least 18 years of age or who has been
498	transferred for prosecution to the criminal division of the
499	circuit court pursuant to chapter 985;
500	(b)  Who is found guilty of or who has tendered, and the
501	court has accepted, a plea of nolo contendere or guilty to a
502	crime that which is, under the laws of this state, a felony if
503	the offender is younger than 21 years of age at the time
504	sentence is imposed such crime was committed before the
505	defendant's 21st birthday; and
506	(c)  Who has not previously been classified as a youthful
507	offender under the provisions of this act; however, a no person
508	who has been found guilty of a capital or life felony may not be
509	sentenced as a youthful offender under this act.
510	(2)  In lieu of other criminal penalties authorized by law
511	and notwithstanding any imposition of consecutive sentences, the
512	court shall dispose of the criminal case as follows:
513	(a)  The court may place a youthful offender under
514	supervision on probation or in a community control program, with
515	or without an adjudication of guilt, under such conditions as
516	the court may lawfully impose for a period of not more than 6
517	years. Such period of supervision may shall not exceed the
518	maximum sentence for the offense for which the youthful offender
519	was found guilty.
520	(b)  The court may impose a period of incarceration as a
521	condition of probation or community control, which period of
522	incarceration shall be served in either a county facility, a
523	department probation and restitution center, or a community
524	residential facility that which is owned and operated by any
525	public or private entity providing such services. A No youthful
526	offender may not be required to serve a period of incarceration
527	in a community correctional center as defined in s. 944.026.
528	Admission to a department facility or center shall be contingent
529	upon the availability of bed space and shall take into account
530	the purpose and function of such facility or center. Placement
531	in such a facility or center may shall not exceed 364 days.
532	(c)  The court may impose a split sentence whereby the
533	youthful offender is to be placed on probation or community
534	control upon completion of any specified period of
535	incarceration; however, if the incarceration period is to be
536	served in a department facility other than a probation and
537	restitution center or community residential facility, such
538	period shall be for not less than 1 year or more than 4 years.
539	The period of probation or community control shall commence
540	immediately upon the release of the youthful offender from
541	incarceration. The period of incarceration imposed or served and
542	the period of probation or community control, when added
543	together, may shall not exceed 6 years.
544	(d)  The court may commit the youthful offender to the
545	custody of the department for a period of not more than 6 years,
546	provided that any such commitment may shall not exceed the
547	maximum sentence for the offense for which the youthful offender
548	has been convicted. Successful participation in the youthful
549	offender program by an offender who is sentenced as a youthful
550	offender by the court pursuant to this section, or is classified
551	as such by the department, may result in a recommendation to the
552	court, by the department, for a modification or early
553	termination of probation, community control, or the sentence at
554	any time prior to the scheduled expiration of such term. The
555	department shall adopt rules defining criteria for successful
556	participation in the youthful offender program which shall
557	include program participation, academic and vocational training,
558	and satisfactory adjustment. When a modification of the sentence
559	results in the reduction of a term of incarceration, the court
560	may impose a term of probation or community control which, when
561	added to the term of incarceration, may shall not exceed the
562	original sentence imposed.
563	Section 8.  Subsections (2), (4), (5), and (6) of section
564	958.11, Florida Statutes, are amended to read:
565	958.11  Designation of institutions and programs for
566	youthful offenders; assignment from youthful offender
567	institutions and programs.--
568	(2)  Youthful offender institutions and programs shall
569	contain only those youthful offenders sentenced as such by a
570	court or classified as such by the department, pursuant to the
571	requirements of subsections (4) and (6), except that under
572	special circumstances select adult offenders may be assigned to
573	youthful offender institutions. Female youthful offenders of all
574	ages may continue to be housed together at those institutions
575	designated by department rule Florida Correctional Institution
576	and Broward Correctional Institution until such time as
577	institutions for a female youthful offenders are offender
578	institution is established or adapted to allow for separation by
579	age and to accommodate all custody classifications.
580	(4)  The department Office of the Assistant Secretary for
581	Youthful Offenders shall continuously screen all institutions,
582	facilities, and programs for any inmate who meets the
583	eligibility requirements for youthful offender designation
584	specified in s. 958.04(1)(a) and (c) whose age does not exceed
585	24 years and whose total length of sentence does not exceed 10
586	years, and the department may classify and assign as a youthful
587	offender any inmate who meets the criteria of this subsection.
588	(5)  The department Population Movement and Control
589	Coordinator shall coordinate all youthful offender assignments
590	or transfers and shall consult with the Office of the Assistant
591	Secretary for Youthful Offenders. The Office of the Assistant
592	Secretary for Youthful Offenders shall review and maintain
593	access to full and complete documentation and substantiation of
594	all such assignments or transfers of youthful offenders to or
595	from facilities in the state correctional system which are not
596	designated for their care, custody, and control, except
597	assignments or transfers made pursuant to paragraph (3)(c).
598	(6)  The department may assign to a youthful offender
599	facility any inmate, except a capital or life felon, whose age
600	does not exceed 19 years but who does not otherwise meet the
601	criteria of this section, if the department Assistant Secretary
602	for Youthful Offenders determines that such inmate's mental or
603	physical vulnerability would substantially or materially
604	jeopardize his or her safety in a nonyouthful offender facility.
605	Assignments made under this subsection shall be included in the
606	department's annual report.
607	Section 9.  Section 958.12, Florida Statutes, is amended to
608	read:
609	958.12  Participation in certain activities required.--
610	(1)  A youthful offender shall be required to participate
611	in work assignments, and in career, academic, counseling, and
612	other rehabilitative programs in accordance with this section,
613	including, but not limited to:
614	(a)  All youthful offenders may be required, as
615	appropriate, to participate in:
616	1.  Reception and orientation.
617	2.  Evaluation, needs assessment, and classification.
618	3.  Educational programs.
619	4.  Career and job training.
620	5.  Life and socialization skills training, including
621	anger/aggression control.
622	6.  Prerelease orientation and planning.
623	7.  Appropriate transition services.
624	(b)  In addition to the requirements in paragraph (a), the
625	department shall make available:
626	1.  Religious services and counseling.
627	2.  Social services.
628	3.  Substance abuse treatment and counseling.
629	4.  Psychological and psychiatric services.
630	5.  Library services.
631	6.  Medical and dental health care.
632	7.  Athletic, recreational, and leisure time activities.
633	8.  Mail and visiting privileges.
634
635	Income derived by a youthful offender from participation in such
636	activities may be used, in part, to defray a portion of the
637	costs of his or her incarceration or supervision; to satisfy
638	preexisting obligations; to pay fines, counseling fees, or other
639	costs lawfully imposed; or to pay restitution to the victim of
640	the crime for which the youthful offender has been convicted in
641	an amount determined by the sentencing court. Any such income
642	not used for such reasons or not used as provided in s. 946.513
643	or s. 958.09 shall be placed in a bank account for use by the
644	youthful offender upon his or her release.
645	(2)  A comprehensive transition and postrelease plan shall
646	be developed for the youthful offender by a team consisting of a
647	transition assistance officer, a classification officer, an
648	educational representative, a health services administrator, a
649	probation and parole officer, and the youthful offender.
650	(3)  A youthful offender shall be visited by a probation
651	and parole officer prior to the offender's release from
652	incarceration in order to assist in the youthful offender's
653	transition.
654	(3)(4)  Community partnerships shall be developed by the
655	department to provide postrelease community resources. The
656	department shall develop partnerships with entities that which
657	include, but are not limited to, state agencies the Department
658	of Labor and Employment Security, the Department of Children and
659	Family Services, community health agencies, private agencies,
660	and school systems.
661	(4)(5)  If supervision of the youthful offender after
662	release from incarceration is required, this and may be
663	accomplished in a residential or nonresidential program or,
664	intensive day treatment, or through supervision by a
665	correctional probation and parole officer.
666	Section 10.  Paragraph (b) of subsection (1) of section
667	120.57, Florida Statutes, is amended to read:
668	120.57  Additional procedures for particular cases.--
669	(1)  ADDITIONAL PROCEDURES APPLICABLE TO HEARINGS INVOLVING
670	DISPUTED ISSUES OF MATERIAL FACT.--
671	(b)  All parties shall have an opportunity to respond, to
672	present evidence and argument on all issues involved, to conduct
673	cross-examination and submit rebuttal evidence, to submit
674	proposed findings of facts and orders, to file exceptions to the
675	presiding officer's recommended order, and to be represented by
676	counsel or other qualified representative. In proceedings for
677	the continued placement of inmates under s. 945.45, the
678	administrative law judge may appoint a private pro bono attorney
679	in the circuit in which the treatment facility is located to
680	represent the inmate. When appropriate, the general public may
681	be given an opportunity to present oral or written
682	communications. If the agency proposes to consider such
683	material, then all parties shall be given an opportunity to
684	cross-examine or challenge or rebut the material.
685	Section 11.  Subsections (1) and (5) of section 945.41,
686	Florida Statutes, are amended to read:
687	945.41  Legislative intent of ss. 945.40-945.49.--It is the
688	intent of the Legislature that mentally ill inmates in the
689	custody of the Department of Corrections receive evaluation and
690	appropriate treatment for their mental illness through a
691	continuum of services. It is further the intent of the
692	Legislature that:
693	(1)  Inmates in the custody of the department who have
694	mental illnesses that require hospitalization and intensive
695	psychiatric inpatient treatment or care receive appropriate
696	treatment or care in Department of Corrections mental health
697	treatment facilities designated for that purpose. The department
698	shall contract with the Department of Children and Family
699	Services for the provision of mental health services in any
700	departmental mental health treatment facility. The Department of
701	Corrections shall provide mental health services to inmates
702	committed to it and may contract with any entities, persons, or
703	agencies qualified to provide such services.
704	(5)  The department may designate a mental health treatment
705	facility for adult, and youthful, and female offenders or may
706	contract with other appropriate entities, persons, or agencies
707	for such services.
708	Section 12.  Section 945.42, Florida Statutes, is amended
709	to read:
710	945.42  Definitions; ss. 945.40-945.49.--As used in ss.
711	945.40-945.49, the following terms shall have the meanings
712	ascribed to them, unless the context shall clearly indicate
713	otherwise:
714	(1)  "Court" means the circuit court.
715	(2)  "Crisis stabilization care" means a level of care that
716	is less restrictive and intense than care provided in a mental
717	health treatment facility, that includes a broad range of
718	evaluation and treatment services provided within a highly
719	structured setting or locked residential setting, and that is
720	intended for inmates who are experiencing acute emotional
721	distress and who cannot be adequately evaluated and treated in a
722	transitional care unit or infirmary isolation management room.
723	Such treatment is also more intense than treatment provided in a
724	transitional care unit and is devoted principally toward rapid
725	stabilization of acute symptoms and conditions.
726	(3)(2)  "Department" means the Department of Corrections.
727	(4)(3)  "Director" means the Director for Mental Health
728	Services of the Department of Corrections or his or her
729	designee.
730	(5)(4)  "In immediate need of care and treatment" means
731	that an inmate is apparently mentally ill and is not able to be
732	appropriately cared for in the institution where he or she the
733	inmate is confined and that, but for being isolated in a more
734	restrictive and secure housing environment, because of the
735	apparent mental illness:
736	(a)1.  The inmate is demonstrating a refusal to care for
737	himself or herself and without immediate treatment intervention,
738	is likely to continue to refuse to care for himself or herself,
739	and such refusal the alleged mental illness poses an immediate,
740	real, and present threat of substantial harm to his or her the
741	inmate's well-being; or to the safety of others.
742	2.  There is an immediate, real, and present threat that
743	the inmate will inflict serious bodily harm on himself or
744	herself or another person, as evidenced by recent behavior
745	involving causing, attempting, or threatening such harm;
746	(b)1.  The inmate has refused voluntary placement for
747	treatment at a mental health treatment facility after sufficient
748	and conscientious explanation and disclosure of the purpose of
749	placement; or
750	2.  The inmate is unable to determine for himself or
751	herself whether placement is necessary; and
752	(c)  All available less restrictive treatment alternatives
753	that would offer an opportunity for improvement of the inmate's
754	condition have been clinically determined to be inappropriate.
755	(6)(5)  "In need of care and treatment" means that an
756	inmate has a mental illness for which inpatient services in a
757	mental health treatment facility are necessary and that, but for
758	being isolated in a more restrictive and secure housing
759	environment, because of the which mental illness:
760	(a)1.  The inmate is demonstrating a refusal to care for
761	himself or herself and without treatment is likely to continue
762	to refuse to care for himself or herself, and such refusal poses
763	a real and present threat of substantial harm to his or her the
764	inmate's well-being; or to the safety of others.
765	2.  There is a substantial likelihood that in the near
766	future the inmate will inflict serious bodily harm on himself or
767	herself or another person, as evidenced by recent behavior
768	causing, attempting, or threatening such harm;
769	(b)1.  The inmate has refused voluntary placement for
770	treatment at a mental health treatment facility after sufficient
771	and conscientious explanation and disclosure of the purpose of
772	placement; or
773	2.  The inmate is unable to determine for himself or
774	herself whether placement is necessary; and
775	(c)  All available less restrictive treatment alternatives
776	that would offer an opportunity for improvement of the inmate's
777	condition have been clinically determined to be inappropriate.
778	(7)(6)  "Inmate" means any person committed to the custody
779	of the Department of Corrections.
780	(8)(7)  "Mental health treatment facility" means the
781	Corrections Mental Health Institution and any extended treatment
782	or hospitalization-level unit within the corrections system
783	which other institution that the Assistant Secretary for Health
784	Services of the department specifically designates by rule to
785	provide acute psychiatric care and which may include involuntary
786	treatment and therapeutic intervention at the hospital level, in
787	contrast to less intensive levels of care such as outpatient
788	mental health care, transitional mental health care, or crisis
789	stabilization care.
790	(9)(8)  "Mentally ill" means an impairment of the mental or
791	emotional processes, of the ability to exercise conscious
792	control of one's actions, or of the ability to perceive or
793	understand reality or to understand, which impairment
794	substantially interferes with a person's ability to meet the
795	ordinary demands of living, regardless of etiology, except that,
796	for the purposes of transfer of an inmate to a mental health
797	treatment facility, the term does not include retardation or
798	developmental disability as defined in chapter 393, simple
799	intoxication, or conditions manifested only by antisocial
800	behavior or substance abuse drug addiction. However, an
801	individual who is mentally retarded or developmentally disabled
802	may also have a mental illness.
803	(10)(9)  "Psychiatrist" means a medical practitioner
804	licensed pursuant to chapter 458 or chapter 459 who has
805	primarily diagnosed and treated nervous and mental disorders for
806	a period of not less than 3 years inclusive of psychiatric
807	residency.
808	(11)(10)  "Psychological professional" "Psychologist" means
809	a behavioral practitioner who has an approved doctoral degree in
810	psychology as defined in s. 490.003(3)(b) and is employed by the
811	department that is primarily clinical in nature from a
812	university or professional graduate school that is state-
813	authorized or accredited by an accrediting agency approved by
814	the United States Department of Education and who is
815	professionally certified by the appropriate professional
816	psychology association or who is licensed as a psychologist
817	pursuant to chapter 490.
818	(12)(11)  "Secretary" means the Secretary of Corrections.
819	(13)(12)  "Transitional mental health care" means a level
820	of care that is more intensive than outpatient care, but less
821	intensive than crisis stabilization care, and is characterized
822	by the provision of traditional mental health treatments such as
823	group and individual therapy, activity therapy, recreational
824	therapy, and psychotropic medications chemotherapy, in the
825	context of a structured residential setting. Transitional mental
826	health care is indicated for a person with chronic or residual
827	symptomatology who does not require crisis stabilization care or
828	acute psychiatric care at the hospital level, but whose
829	impairment impairments in functioning nevertheless renders
830	render him or her incapable of adjusting satisfactorily within
831	the general inmate population, even with the assistance of
832	outpatient care.
833	(14)(13)  "Warden" means the warden of a state corrections
834	facility or his or her designee.
835	Section 13.  Section 945.43, Florida Statutes, is amended
836	to read:
837	945.43  Admission of inmate to mental health treatment
838	facility.--
839	(1)  CRITERIA.--An inmate may be admitted to a mental
840	health treatment facility if he or she is mentally ill and is in
841	need of care and treatment, as defined in s. 945.42.
842	(2)  PROCEDURE FOR PLACEMENT IN ADMISSION TO A MENTAL
843	HEALTH TREATMENT FACILITY.--
844	(a)  An inmate may be admitted to a mental health treatment
845	facility after notice and hearing, upon the recommendation of
846	the warden of the facility where the inmate is confined and of
847	the director. The recommendation shall be entered on a petition
848	certificate and must be supported by the expert opinion of a
849	psychiatrist and the second opinion of a psychiatrist or
850	psychological professional psychologist. The petition
851	certificate shall be filed with the court in the county where
852	the inmate is located and shall serve as a petition for a
853	hearing regarding placement.
854	(b)  A copy of the petition certificate shall also be filed
855	with the department, and copies shall be served on the inmate
856	and the inmate's representatives, accompanied by:
857	1.  A written notice, in plain and simple language, that
858	the inmate or the inmate's representative may apply at any time
859	for a hearing on the issue of the inmate's need for treatment if
860	he or she has previously waived such a hearing.
861	2.  A petition for such hearing, which requires only the
862	signature of the inmate or the inmate's representative for
863	completion.
864	3.  A written notice that the petition may be filed with
865	the court in the county in which the inmate is hospitalized at
866	the time and stating the name and address of the judge of such
867	court.
868	4.  a written notice that the inmate or the inmate's
869	representative may apply immediately to the court to have an
870	attorney appointed if the inmate cannot afford one.
871	(c)  The petition for placement may be filed in the county
872	in which the inmate is located being treated at any time within
873	6 months of the date of the certificate. The hearing shall be
874	held in the same county, and one of the inmate's physicians at
875	the facility where the inmate is located shall appear as a
876	witness at the hearing.
877	(d)  An attorney representing the inmate shall have access
878	to the inmate and any records, including medical or mental
879	health records, which are relevant to the representation of the
880	inmate.
881	(e)  If the court finds that the inmate is mentally ill and
882	in need of care and treatment, as defined in s. 945.42, the
883	court it shall order that he or she be placed in admitted to a
884	mental health treatment facility or, if the inmate is at a
885	mental health treatment facility, that he or she be retained
886	there. However, the inmate may be immediately transferred to and
887	admitted at a mental health treatment facility by executing a
888	waiver of the hearing by express and informed consent, without
889	awaiting the court order. The court shall authorize the mental
890	health treatment facility to retain the inmate for up to 6
891	months. If, at the end of that time, continued placement
892	treatment is necessary, the warden shall apply to the Division
893	of Administrative Hearings in accordance with s. 945.45 court
894	for an order authorizing continued placement.
895	(3)  PROCEDURE FOR HEARING ON PLACEMENT TRANSFER OF AN
896	INMATE IN A FOR MENTAL HEALTH TREATMENT FACILITY.--If the inmate
897	does not waive a hearing or if the inmate or the inmate's
898	representative files a petition for a hearing after having
899	waived it,
900	(a)  The court shall serve notice on the warden of the
901	facility where the inmate is confined, the director, and the
902	allegedly mentally ill inmate. The notice must shall specify the
903	date, time, and place of the hearing; the basis for the
904	allegation of mental illness; and the names of the examining
905	experts. The hearing shall be held within 5 days, and the court
906	may appoint a general or special magistrate to preside. The
907	court may waive the presence of the inmate at the hearing if
908	such waiver is consistent with the best interests of the inmate
909	and the inmate's counsel does not object. The hearing may be as
910	informal as is consistent with orderly procedure. One of the
911	experts whose opinion supported the petition for placement
912	recommendation shall be present at the hearing for information
913	purposes.
914	(b)  If, at the hearing, the court finds that the inmate is
915	mentally ill and in need of care and treatment, as defined in s.
916	945.42, the court it shall order that he or she be placed in
917	transferred to a mental health treatment facility and provided
918	appropriate treatment. The court shall provide a copy of its
919	order authorizing placement transfer and all supporting
920	documentation relating to the inmate's condition to the warden
921	of the treatment facility. If the court finds that the inmate is
922	not mentally ill, it shall dismiss the petition for placement
923	transfer.
924	(4)  REFUSAL OF PLACEMENT ADMISSION; WHEN REFUSAL
925	ALLOWED.--The warden of an institution in which a mental health
926	treatment facility is located may refuse to place admit any
927	inmate in that treatment facility who is not accompanied by
928	adequate court orders and documentation, as required in ss.
929	945.40-945.49.
930	Section 14.  Section 945.44, Florida Statutes, is amended
931	to read:
932	945.44  Emergency placement admission of inmate in a to
933	mental health treatment facility.--
934	(1)  CRITERIA.--An inmate may be placed in a mental health
935	treatment facility on an emergency basis if he or she is
936	mentally ill and in immediate need of care and treatment, as
937	defined in s. 945.42.
938	(2)  PROCEDURE FOR EMERGENCY PLACEMENT ADMISSION.--An
939	inmate who is mentally ill and in immediate need of care and
940	treatment that which cannot be provided at the institution where
941	he or she is confined may be placed in admitted to a mental
942	health treatment facility on an emergency basis. The inmate may
943	be placed transferred immediately in a mental health treatment
944	to the facility and shall be accompanied by the recommendation
945	of the warden of the institution where the inmate is confined,
946	which recommendation must shall state the need for the emergency
947	placement transfer and shall include a written opinion of a
948	physician verifying the need for the emergency placement
949	transfer. Upon the emergency placement the admission of the
950	inmate in to the facility, the inmate shall be evaluated; if he
951	or she is determined to be in need of treatment or care, the
952	warden shall initiate proceedings for placement of the inmate,
953	as described in s. 945.43(2).
954	Section 15.  Section 945.45, Florida Statutes, is amended
955	to read:
956	945.45  Procedure for Continued placement of inmates in
957	mental health treatment facilities.--
958	(1)  CRITERIA.--An inmate may be retained in a mental
959	health treatment facility if he or she is mentally ill and
960	continues to be in need of care and treatment, as defined in s.
961	945.42.
962	(2)(1)  PROCEDURE.--
963	(a)  If continued placement of an inmate is necessary, The
964	warden shall, prior to the expiration of the period during which
965	the treatment facility is authorized to retain the inmate, file
966	a petition with the Division of Administrative Hearings for
967	request an order authorizing continued placement. The petition
968	must This request shall be accompanied by a statement from the
969	inmate's physician justifying the petition request and providing
970	a brief summary of the inmate's treatment during the time he or
971	she has been placed. In addition, the warden shall submit an
972	individualized plan for the inmate for whom he or she is
973	requesting continued placement. The inmate may remain in a
974	mental health treatment facility pending a hearing after the
975	timely filing of the petition.
976	(b)  Notification of this request for retention shall be
977	mailed to the inmate, and the inmate's representative along with
978	a waiver-of-hearing form and the completed petition, requesting
979	the inmate's only a signature and a waiver-of-hearing form. The
980	waiver-of-hearing form shall require express and informed
981	consent and shall state that the inmate is entitled to an
982	administrative a hearing under the law; that the inmate is
983	entitled to be represented by an attorney at the hearing and
984	that, if the inmate cannot afford an attorney, one will be
985	appointed; and that, if it is shown at the hearing that the
986	inmate does not meet the criteria for continued placement, he or
987	she will be transferred out of the mental health treatment
988	facility to another facility of the department. If the inmate or
989	the inmate's representative does not sign the petition, or if
990	the inmate does not sign a waiver within 15 days, the
991	administrative law judge shall notice a hearing with regard to
992	the inmate involved in accordance with ss. 120.569 and
993	120.57(1).
994	(3)  PROCEDURE FOR HEARING.--
995	(a)  The hearing on a petition for the continued placement
996	of an inmate in a mental health treatment facility is an
997	administrative hearing and shall be conducted in accordance with
998	ss. 120.569 and 120.57(1), except that an order entered by the
999	administrative law judge is final and subject to judicial review
1000	in accordance with s. 120.68. An administrative law judge shall
1001	be assigned by the Division of Administrative Hearings to
1002	conduct hearings for continued placement.
1003	(b)  The administrative law judge may appoint a private pro
1004	bono attorney in the circuit in which the treatment facility is
1005	located to represent the inmate.
1006	(c)  The administrative law judge may waive the presence of
1007	the inmate at the hearing if such waiver is consistent with the
1008	best interests of the inmate and the inmate's counsel does not
1009	object.
1010	(d)(2)  If, at a hearing pursuant to ss. 945.40-945.49, the
1011	administrative law judge finds that the inmate no longer meets
1012	the criteria for placement treatment, he or she shall order that
1013	the inmate be transferred out of the mental health treatment
1014	facility to another facility of the department.
1015	(e)(3)  If the inmate waives the hearing or if the
1016	administrative law judge finds that the inmate is in need of
1017	continued placement treatment, the administrative law judge
1018	shall enter an order authorizing such continued placement
1019	treatment for a period not to exceed 1 year. The same procedure
1020	shall be repeated prior to the expiration of each additional 1-
1021	year period that the inmate is retained in the mental health
1022	treatment facility.
1023	(4)  Hearings on requests for orders authorizing continued
1024	placement filed in accordance with this section shall be
1025	conducted in accordance with the provisions of ss. 120.569 and
1026	120.57(1), except that any order entered by the administrative
1027	law judge shall be final and subject to judicial review in
1028	accordance with s. 120.68.
1029	Section 16.  Section 945.46, Florida Statutes, is amended
1030	to read:
1031	945.46  Initiation of involuntary placement proceedings
1032	with respect to a mentally ill inmate scheduled for release.--
1033	(1)  If an inmate who is receiving mental health treatment
1034	in the department is scheduled for release through expiration of
1035	sentence or any other means, but continues to be mentally ill
1036	and in need of care and treatment, as defined in s. 945.42, the
1037	warden is authorized to initiate procedures for involuntary
1038	placement pursuant to the provisions of s. 394.467, 60 days
1039	prior to such release.
1040	(2)  In addition, the warden may initiate procedures for
1041	involuntary examination pursuant to s. 394.463 for any inmate
1042	who has a mental illness and meets the criteria of s.
1043	394.463(1).
1044	Section 17.  Section 945.47, Florida Statutes, is amended
1045	to read:
1046	945.47  Discharge of inmate from mental health treatment.--
1047	(1)  An inmate who has been transferred for the purpose of
1048	mental health treatment shall be discharged from treatment by
1049	the warden under the following conditions:
1050	(a)  If the inmate is no longer in need of care and
1051	treatment, as defined in s. 945.42, he or she may be transferred
1052	out of the mental health treatment facility and provided with
1053	appropriate mental health services to another institution in the
1054	department; or
1055	(b)  If the inmate continues to be mentally ill, but is not
1056	in need of care and treatment as an inpatient, he or she may be
1057	transferred to another institution in the department and
1058	provided appropriate outpatient and aftercare services;
1059	(b)(c)  If the inmate's sentence expires during his or her
1060	treatment, but he or she is no longer in need of care and
1061	treatment as an inpatient, the inmate may be released with a
1062	recommendation for outpatient treatment, pursuant to the
1063	provisions of ss. 945.40-945.49.; or
1064	(d)  If the inmate's sentence expires and he or she
1065	continues to be mentally ill and in need of care and treatment,
1066	the warden shall initiate proceedings for involuntary placement,
1067	pursuant to s. 394.467.
1068	(2)  An inmate who is involuntarily placed pursuant to s.
1069	394.467 at the expiration of his or her sentence may be placed,
1070	by order of the court, in a facility designated by the
1071	Department of Children and Family Services as a secure,
1072	nonforensic, civil facility. Such a placement shall be
1073	conditioned upon a finding by the court of clear and convincing
1074	evidence that the inmate is manifestly dangerous to himself or
1075	herself or others. The need for such placement shall be reviewed
1076	by facility staff every 90 days. At any time that a patient is
1077	considered for transfer to a nonsecure, civil unit, the court
1078	which entered the order for involuntary placement shall be
1079	notified.
1080	(2)(3)  At any time that an inmate who has received mental
1081	health treatment while in the custody of the department becomes
1082	eligible for release under supervision or upon end of sentence
1083	on parole, a complete record of the inmate's mental health
1084	treatment may shall be provided to the Parole Commission and to
1085	the Department of Children and Family Services upon request. The
1086	record shall include, at a minimum least, a summary of the
1087	inmate's diagnosis, length of stay in treatment, clinical
1088	history, prognosis, prescribed medication, and treatment plan,
1089	and recommendations for aftercare services. In the event that
1090	the inmate is released on parole, the record shall be provided
1091	to the parole officer who shall assist the inmate in applying
1092	for services from a professional or an agency in the community.
1093	The application for treatment and continuation of treatment by
1094	the inmate may be made a condition of parole, as provided in s.
1095	947.19(1); and a failure to participate in prescribed treatment
1096	may be a basis for initiation of parole violation hearings.
1097	Section 18.  Section 945.48, Florida Statutes, is amended
1098	to read:
1099	945.48  Rights of inmates inmate provided mental health
1100	treatment; procedure for involuntary treatment.--
1101	(1)  RIGHT TO QUALITY TREATMENT.--An inmate in a mental
1102	health treatment facility has the right to receive treatment
1103	that which is suited to his or her needs and that which is
1104	provided in a humane psychological environment. Such treatment
1105	shall be administered skillfully, safely, and humanely with
1106	respect for the inmate's dignity and personal integrity.
1107	(2)  RIGHT TO EXPRESS AND INFORMED CONSENT.--Any inmate
1108	provided psychiatric treatment within the department shall be
1109	asked to give his or her express and informed written consent
1110	for such treatment. "Express and informed written consent" or
1111	"consent" means consent voluntarily given in writing after a
1112	conscientious and sufficient explanation and disclosure of the
1113	purpose of the proposed treatment; the common side effects of
1114	the treatment, if any; the expected duration of the treatment;
1115	and the alternative treatment available. The explanation shall
1116	enable the inmate to make a knowing and willful decision without
1117	any element of fraud, deceit, or duress or any other form of
1118	constraint or coercion.
1119	(3)  PROCEDURE FOR INVOLUNTARY TREATMENT OF
1120	INMATES.--Involuntary mental health treatment of an inmate who
1121	refuses treatment that is deemed to be necessary for the
1122	appropriate care of the inmate and the safety of the inmate or
1123	others may be provided at a mental health treatment facility. an
1124	institution authorized to do so by the Assistant Secretary for
1125	Health Services under the following circumstances:
1126	(a)  In an emergency situation in which there is immediate
1127	danger to the health and safety of the inmate or other inmates,
1128	such treatment may be provided upon the written order of a
1129	physician for a period not to exceed 48 hours, excluding
1130	weekends and legal holidays. If, after the 48-hour period, the
1131	inmate has not given express and informed consent to the
1132	treatment initially refused, the warden shall, within 48 hours,
1133	excluding weekends and legal holidays, petition the circuit
1134	court serving the county in which the facility is located for an
1135	order authorizing the continued treatment of the inmate. In the
1136	interim, treatment may be continued upon the written order of a
1137	physician who has determined that the emergency situation
1138	continues to present a danger to the safety of the inmate or
1139	others. If an inmate must be isolated for mental health
1140	purposes, that decision must be reviewed within 72 hours by
1141	medical staff different from that making the original placement.
1142	(b)  In a situation other than an emergency situation, The
1143	warden of the institution containing the mental health treatment
1144	facility shall petition the circuit court serving the county in
1145	which the mental health treatment facility is located for an
1146	order authorizing the treatment of the inmate. The inmate shall
1147	be provided with a copy of the petition along with the proposed
1148	treatment, the basis for the proposed treatment, the names of
1149	the examining experts, and the date, time, and location of the
1150	hearing. The inmate may have an attorney represent him or her at
1151	the hearing and, if the inmate is indigent, the court shall
1152	appoint the office of the public defender or private counsel
1153	pursuant to s. 27.40(1) to represent the inmate at the hearing.
1154	An attorney representing the inmate shall have access to the
1155	inmate and any records, including medical or mental health
1156	records, which are relevant to the representation of the inmate.
1157	The order shall allow such treatment for a period not to exceed
1158	90 days from the date of the order. Unless the court is notified
1159	in writing that the inmate has provided express and informed
1160	consent in writing, that the inmate has been transferred to
1161	another institution of the department, or that the inmate is no
1162	longer in need of treatment, the warden shall, prior to the
1163	expiration of the initial 90-day order, petition the court for
1164	an order authorizing the continuation of treatment for another
1165	90-day period. This procedure shall be repeated until the inmate
1166	provides consent or is no longer in need of treatment. Treatment
1167	may be continued pending a hearing after the filing of any
1168	petition.
1169	(4)  PROCEDURE FOR THE HEARING ON INVOLUNTARY TREATMENT OF
1170	AN INMATE.--
1171	(a)  The hearing on the petition for involuntary treatment
1172	shall be held within 5 days after the petition is filed and the
1173	court may appoint a general or special magistrate to preside.
1174	The inmate may testify or not, as he or she chooses, may cross-
1175	examine witnesses testifying on behalf of the facility, and may
1176	present his or her own witnesses. However, the court may waive
1177	the presence of the inmate at the hearing if such waiver is
1178	consistent with the best interests of the inmate and the
1179	inmate's counsel does not object. One of the inmate's physicians
1180	whose opinion supported the petition shall appear as a witness
1181	at the hearing.
1182	(b)(c)  At the hearing on the issue of whether the court
1183	should authorize treatment for which an inmate has refused to
1184	give express and informed consent, the court shall determine by
1185	clear and convincing evidence whether the inmate is mentally ill
1186	as defined in this chapter; whether such treatment is essential
1187	to the care of the inmate; and whether the treatment is
1188	experimental or presents an unreasonable risk of serious,
1189	hazardous, or irreversible side effects. In arriving at the
1190	substitute judgment decision, the court must consider at least
1191	the following:
1192	1.  The inmate's expressed preference regarding treatment;
1193	2.  The probability of adverse side effects;
1194	3.  The prognosis for the inmate without treatment; and
1195	4.  The prognosis for the inmate with treatment.
1196
1197	The inmate and the inmate's representative shall be provided
1198	with a copy of the petition and the date, time, and location of
1199	the hearing. The inmate may have an attorney represent him or
1200	her at the hearing, and, if the inmate is indigent, the court
1201	shall appoint the office of the public defender to represent him
1202	or her at the hearing. The inmate may testify or not, as he or
1203	she chooses, may cross-examine witnesses testifying on behalf of
1204	the facility, and may present his or her own witnesses.
1205	(c)  An order authorizing involuntary treatment shall allow
1206	such treatment for a period not to exceed 90 days following the
1207	date of the order. Unless the court is notified in writing that
1208	the inmate has provided express and informed consent in writing,
1209	that the inmate has been transferred to another institution of
1210	the department, or that the inmate is no longer in need of
1211	treatment, the warden shall, prior to the expiration of the
1212	initial 90-day order, petition the court for an order
1213	authorizing the continuation of treatment for another 90-day
1214	period. This procedure shall be repeated until the inmate
1215	provides express and informed consent or is no longer in need of
1216	treatment. Treatment may be continued pending a hearing after
1217	the timely filing of any petition.
1218	(5)  PROCEDURE FOR EMERGENCY TREATMENT.--In an emergency
1219	situation in which there is immediate danger to the health and
1220	safety of an inmate or other inmates, emergency treatment may be
1221	provided at a mental health treatment facility upon the written
1222	order of a physician for a period not to exceed 48 hours,
1223	excluding weekends and legal holidays. If, after the 48-hour
1224	period, the inmate has not given express and informed consent to
1225	the treatment initially refused, the warden shall, within 48
1226	hours, excluding weekends and legal holidays, petition the
1227	circuit court, in accordance with the procedures described in
1228	this section, for an order authorizing the continued treatment
1229	of the inmate. In the interim, treatment may be continued upon
1230	the written order of a physician who has determined that the
1231	emergency situation continues to present a danger to the safety
1232	of the inmate or others. If an inmate must be isolated for
1233	mental health purposes, that decision must be reviewed within 72
1234	hours by a different psychological professional or a physician
1235	other than the one making the original placement.
1236	(6)(d)  EMERGENCY TREATMENT.--In addition to the other
1237	above provisions of this section for mental health treatment,
1238	when the consent permission of the inmate cannot be obtained,
1239	the warden of a mental health treatment facility, or his or her
1240	designated representative, with the concurrence of the inmate's
1241	attending physician, may authorize emergency surgical or
1242	nonpsychiatric medical treatment if such treatment is deemed
1243	lifesaving or there is a situation threatening serious bodily
1244	harm to the inmate.
1245	(3)  STATUS OF INMATE.--An inmate receiving mental health
1246	treatment shall be subject to the same standards applied to
1247	other inmates in the department, including, but not limited to,
1248	consideration for parole, release by reason of gain-time
1249	allowances as provided for in s. 944.291, and release by
1250	expiration of sentence.
1251	Section 19.  Section 945.49, Florida Statutes, is amended
1252	to read:
1253	945.49  Operation and administration.--
1254	(1)  ADMINISTRATION.--The department is authorized to
1255	contract with the appropriate entities, agencies, persons, and
1256	local governing bodies to provide mental health services
1257	pursuant to ss. 945.40-945.49.
1258	(2)  RULES.--The department, in cooperation with the Mental
1259	Health Program Office of the Department of Children and Family
1260	Services, shall adopt rules necessary for administration of ss.
1261	945.40-945.49 in accordance with chapter 120.
1262	(3)  ORIENTATION AND TRAINING.--Correctional officers
1263	employed by a mental health treatment facility shall receive
1264	specialized training above and beyond that required for basic
1265	certification pursuant to chapter 943. Such training shall be in
1266	accordance with requirements of the Criminal Justice Standards
1267	and Training Commission.
1268	(4)  STATUS OF INMATE.--An inmate receiving mental health
1269	treatment shall be subject to the same standards applied to
1270	other inmates in the department, including, but not limited to,
1271	consideration for parole, release by reason of gain-time
1272	allowances as provided for in s. 944.291, and release by
1273	expiration of sentence. ADMINISTRATIVE LAW JUDGES.--One or more
1274	administrative law judges shall be assigned by the Division of
1275	Administrative Hearings to conduct hearings for continued
1276	placement.
1277	Section 20.  This act shall take effect October 1, 2008.

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