HB 7137

1
A bill to be entitled
2An act relating to the Department of Corrections; amending
3s. 921.187, F.S.; deleting certain provisions limiting
4circumstances under which an offender may be placed in
5community control; amending s. 943.16, F.S.; eliminating
6provisions requiring that a law enforcement officer
7reimburse the employing agency for wages and benefits paid
8by the employing agency if the officer terminates
9employment before the end of a 2-year commitment period;
10eliminating wages and benefits from the costs that
11employing agencies may recover; eliminating the definition
12of the term "academy training period"; amending s.
13944.1905, F.S.; authorizing the department to assign
14certain young adult offenders to a facility for youthful
15offenders until the offender reaches a specified age;
16deleting provisions requiring that certain young adult
17offenders be housed and provided certain services
18separately from older offenders; amending s. 944.47, F.S.;
19providing that a cellular telephone or other portable
20communication device that is introduced inside the secure
21perimeter of a state correctional institution without
22prior authorization is contraband; prohibiting an inmate
23or other person upon the grounds of the institution from
24possessing such contraband without authorization;
25providing a definition; providing criminal penalties;
26amending s. 948.01, F.S.; deleting the requirement that a
27court using a specified alternative to a sentence of
28incarceration require the Department of Corrections to
29provide certain notifications; amending s. 948.10, F.S.;
30deleting a requirement that community control programs and
31manuals be developed in consultation with the Florida
32Conference of Circuit Court Judges and the State Courts
33Administrator; deleting the prohibition on sentencing
34offenders convicted of certain forcible felonies to
35community control; deleting requirements for the
36department in developing and implementing community
37control programs, resource directories, and training
38programs; deleting a requirement for the Florida Court
39Education Council and the State Courts Administrator to
40coordinate certain resources for judges pertaining to
41community control; eliminating provisions governing review
42and notice by the department of offenders ineligible for
43community control and requiring the department to develop
44a caseload equalization strategy; conforming provisions to
45deletion of the prohibition on sentencing offenders
46convicted of certain forcible felonies to community
47control; amending s. 958.04, F.S.; authorizing the court
48to sentence a person as a youthful offender if the
49offender is younger than 21 years of age at the time
50sentence is imposed; requiring the Department of
51Corrections to adopt by rule criteria to define successful
52participation in the youthful offender program; amending
53s. 958.11, F.S.; removing the specific designation of
54youthful offender facilities for housing female offenders;
55revising requirements for the department with respect to
56assigning or transferring youthful offenders; removing
57references to the Assistant Secretary for Youthful
58Offenders; amending s. 958.12, F.S.; removing the
59requirement for a youthful offender to be visited by a
60probation and parole officer before release; removing the
61requirement for the department to develop community
62partnerships with the Department of Labor and Employment
63Security and the Department of Children and Family
64Services and including private agencies as possible
65partners in such partnerships; amending s. 945.41, F.S.;
66eliminating a requirement that the Department of
67Corrections contract with the Department of Children and
68Family Services to provide certain mental health services;
69authorizing the Department of Corrections to contract with
70other entities or persons to provide mental health
71services to inmates; amending s. 945.42, F.S.; revising
72definitions and defining the term "crisis stabilization
73care"; amending s. 945.43, F.S.; revising the procedures
74for placing an inmate in a mental health treatment
75facility; authorizing the court to waive the presence of
76the inmate at the hearing on the inmate's placement;
77amending s. 945.44, F.S.; providing for the emergency
78placement of an inmate in a mental health treatment
79facility; amending s. 945.45, F.S.; revising the
80provisions governing the continued placement of an inmate
81in a mental health treatment facility; authorizing an
82administrative law judge to appoint a private pro bono
83attorney to represent an inmate in continued placement
84hearings; providing that the administrative law judge may
85waive the presence of the inmate at the hearing under
86certain conditions; amending s. 945.46, F.S.; authorizing
87the warden to initiate procedures for the involuntary
88examination of an inmate who has a mental illness and
89meets certain criteria; amending s. 945.47, F.S.;
90providing for the transfer of an inmate who is no longer
91in need of mental health treatment; deleting certain
92provisions governing involuntary placement; requiring that
93a summary of the inmate's treatment be provided to the
94Parole Commission and the Department of Children and
95Family Services upon request; amending s. 945.48, F.S.;
96revising the procedure for the involuntary mental health
97treatment of an inmate; providing for the warden of the
98institution containing the mental health treatment
99facility to petition the circuit court for an order
100authorizing involuntary treatment; providing requirements
101for the hearing on involuntary treatment; limiting the
102period that an order authorizing involuntary treatment is
103effective; providing a procedure for emergency treatment;
104amending s. 945.49, F.S.; deleting a provision requiring
105that training provided to correctional officers employed
106by a mental health treatment facility be in accordance
107with the requirements of the Criminal Justice Standards
108and Training Commission; deleting a requirement that a
109specified number of administrative law judges be assigned
110to conduct hearings on continued placement of inmates;
111requiring that inmates receiving mental health treatment
112be subject to the same standards applied to other inmates
113in the department; providing an effective date.
114
115Be It Enacted by the Legislature of the State of Florida:
116
117     Section 1.  Subsections (2), (3), and (4) of section
118921.187, Florida Statutes, are amended to read:
119     921.187  Disposition and sentencing; alternatives;
120restitution.--
121     (2)  An offender may not be placed in community control if:
122     (a)  Convicted of or adjudication is withheld for a
123forcible felony as defined in s. 776.08; and
124     (b)  Previously convicted of or adjudication was withheld
125for a forcible felony as defined in s. 776.08.
126
127Nothing in this subsection prohibits placement of certain
128inmates on community control pursuant to s. 947.1747. For
129purposes of this subsection, a forcible felony does not include
130manslaughter or burglary.
131     (2)(3)  In addition to any other penalty provided by law
132for an offense enumerated in s. 775.0877(1)(a)-(n), if the
133offender is convicted of criminal transmission of HIV pursuant
134to s. 775.0877, the court may sentence the offender to criminal
135quarantine community control as described in s. 948.001.
136     (3)(4)  The court shall require an offender to make
137restitution under s. 775.089, unless the court finds clear and
138compelling reasons not to order such restitution. If the court
139does not order restitution, or orders restitution of only a
140portion of the damages, as provided in s. 775.089, the court
141shall state the reasons on the record in detail. An order
142requiring an offender to make restitution to a victim under s.
143775.089 does not remove or diminish the requirement that the
144court order payment to the Crimes Compensation Trust Fund under
145chapter 960.
146     Section 2.  Section 943.16, Florida Statutes, is amended to
147read:
148     943.16  Payment of tuition or officer certification
149examination fee by employing agency; reimbursement of tuition,
150other course expenses, wages, and benefits.--
151     (1)  An employing agency is authorized to pay any costs of
152tuition of a trainee in attendance at an approved basic recruit
153training program.
154     (2)(a)  A trainee who attends such approved training
155program at the expense of an employing agency must remain in the
156employment or appointment of such employing agency for a period
157of not less than 2 years after graduation from the basic recruit
158training program. If employment or appointment is terminated on
159the trainee's own initiative within 2 years, he or she shall
160reimburse the employing agency for the full cost of his or her
161tuition and, other course expenses, and additional amounts as
162provided in paragraph (b).
163     (b)  In addition to reimbursement for the full cost of
164tuition and other course expenses, a trainee terminating
165employment as provided in paragraph (a) shall reimburse the
166employing agency for the trainee's wages and benefits paid by
167the employing agency during the academy training period
168according to the following schedule:
169     1.  For a trainee terminating employment within 6 months of
170graduation from the basic recruit training program, the full
171amount of wages and benefits paid during the academy training
172period.
173     2.  For a trainee terminating employment within 6 months
174and 1 day to 12 months of graduation from the basic recruit
175training program, an amount equal to three-fourths of the full
176amount of wages and benefits paid during the academy training
177period.
178     3.  For a trainee terminating employment within 12 months
179and 1 day to 18 months of graduation from the basic recruit
180training program, an amount equal to one-half of the full amount
181of wages and benefits paid during the academy training period.
182     4.  For a trainee terminating employment within 18 months
183and 1 day to 24 months of graduation from the basic recruit
184training program, an amount equal to one-fourth of the full
185amount of wages and benefits paid during the academy training
186period.
187     (3)  An employing agency is authorized to pay the required
188fee for an applicant to take the officer certification
189examination on one occasion.
190     (4)  An employing agency may institute a civil action to
191collect such cost of tuition and, other course expenses, wages,
192and benefits as provided in this section if it is not
193reimbursed, provided that the employing agency gave written
194notification to the trainee of the 2-year employment commitment
195during the employment screening process. The trainee shall
196return signed acknowledgment of receipt of such notification.
197     (5)  For purposes of this section, "academy training
198period" means the period of time that a trainee is attending an
199approved basic recruit training program in a law enforcement or
200correctional officer academy class for purposes of obtaining
201certification pursuant to this chapter, until the date of
202graduation from such class. the term "other course expenses"
203includes the cost of meals.
204     (6)  This section does not apply to trainees who terminate
205employment with the employing agency and resign their
206certification upon termination in order to obtain employment for
207which certification under this chapter is not required. Further,
208this section does not apply to trainees attending auxiliary
209officer training.
210     (7)  Notwithstanding the provisions of this section, an
211employing agency may waive a trainee's requirement of
212reimbursement in part or in full when the trainee terminates
213employment due to hardship or extenuating circumstances.
214     Section 3.  Subsection (5) of section 944.1905, Florida
215Statutes, is amended to read:
216     944.1905  Initial inmate classification; inmate
217reclassification.--The Department of Corrections shall classify
218inmates pursuant to an objective classification scheme. The
219initial inmate classification questionnaire and the inmate
220reclassification questionnaire must cover both aggravating and
221mitigating factors.
222     (5)(a)  Notwithstanding any other provision of this section
223or chapter 958, the department shall assign to facilities
224housing youthful offenders specific correctional facilities all
225inmates who are less than 18 years of age and who are not
226eligible for and have not been assigned to a facility for
227youthful offenders under the provisions of chapter 958. Such an
228inmate shall be assigned to a facility for youthful offenders
229until the inmate is 18 years of age; however, the department may
230assign the inmate to a facility for youthful offenders until the
231inmate reaches an age not to exceed 21 years if the department
232determines that the continued assignment is in the best
233interests of the inmate and the assignment does not pose an
234unreasonable risk to other inmates in the facility. Any such
235inmate who is less than 18 years of age shall be housed in a
236dormitory that is separate from inmates who are 18 years of age
237or older. Furthermore, the department shall provide any food
238service, education, and recreation for such inmate separately
239from inmates who are 18 years of age or older.
240     (b)  Notwithstanding the requirements of s. 958.11, any
241inmate who is less than 18 years of age, who was 15 years of age
242or younger at the time of his or her offense, and who has no
243prior juvenile adjudication must be placed in a facility for
244youthful offenders until the inmate is 18 years of age. At the
245discretion of the department, such an inmate may be placed in a
246facility for youthful offenders until the inmate is 21 years of
247age.
248     (b)(c)  Any inmate who is assigned to a facility under
249paragraph (a) is subject to the provisions of s. 958.11
250regarding facility assignments, and or paragraph (b) shall be
251removed and reassigned to the general inmate population if his
252or her behavior threatens the safety of other inmates or
253correctional staff.
254     Section 4.  Paragraph (a) of subsection (1) and subsection
255(2) of section 944.47, Florida Statutes, are amended to read:
256     944.47  Introduction, removal, or possession of certain
257articles unlawful; penalty.--
258     (1)(a)  Except through regular channels as authorized by
259the officer in charge of the correctional institution, it is
260unlawful to introduce into or upon the grounds of any state
261correctional institution, or to take or attempt to take or send
262or attempt to send therefrom, any of the following articles
263which are hereby declared to be contraband for the purposes of
264this section, to wit:
265     1.  Any written or recorded communication or any currency
266or coin given or transmitted, or intended to be given or
267transmitted, to any inmate of any state correctional
268institution.
269     2.  Any article of food or clothing given or transmitted,
270or intended to be given or transmitted, to any inmate of any
271state correctional institution.
272     3.  Any intoxicating beverage or beverage which causes or
273may cause an intoxicating effect.
274     4.  Any controlled substance as defined in s. 893.02(4) or
275any prescription or nonprescription drug having a hypnotic,
276stimulating, or depressing effect.
277     5.  Any firearm or weapon of any kind or any explosive
278substance.
279     6.  Any cellular telephone or other portable communication
280device intentionally and unlawfully introduced inside the secure
281perimeter of any state correctional institution without prior
282authorization or consent from the officer in charge of such
283correctional institution. As used in this subparagraph, the term
284"portable communication device" means any device carried, worn,
285or stored which is designed or intended to receive or transmit
286verbal or written messages, access or store data, or connect
287electronically to the Internet or any other electronic device
288and which allows communications in any form. Such devices
289include, but are not limited to, portable two-way pagers, hand-
290held radios, cellular telephones, Blackberry-type devices,
291personal digital assistants or PDA's, laptop computers, or any
292components of these devices which are intended to be used to
293assemble such devices. The term also includes any new technology
294that is developed for similar purposes. Excluded from this
295definition is any device having communication capabilities which
296has been approved or issued by the department for investigative
297or institutional security purposes or for conducting other state
298business.
299     (2)  A person who violates any provision of this section as
300it pertains to an article of contraband described in
301subparagraph (1)(a)1., or subparagraph (1)(a)2., or subparagraph
302(1)(a)6. commits is guilty of a felony of the third degree,
303punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
304In all other cases, a violation of a provision of this section
305constitutes a felony of the second degree, punishable as
306provided in s. 775.082, s. 775.083, or s. 775.084.
307     Section 5.  Paragraph (c) of subsection (3) of section
308948.01, Florida Statutes, is amended to read:
309     948.01  When court may place defendant on probation or into
310community control.--
311     (3)  If, after considering the provisions of subsection (2)
312and the offender's prior record or the seriousness of the
313offense, it appears to the court in the case of a felony
314disposition that probation is an unsuitable dispositional
315alternative to imprisonment, the court may place the offender in
316a community control program as provided in s. 948.10. Or, in a
317case of prior disposition of a felony commitment, upon motion of
318the offender or the department or upon its own motion, the court
319may, within the period of its retained jurisdiction following
320commitment, suspend the further execution of the disposition and
321place the offender in a community control program upon such
322terms as the court may require. The court may consult with a
323local offender advisory council pursuant to s. 948.90 with
324respect to the placement of an offender into community control.
325Not later than 3 working days before the hearing on the motion,
326the department shall forward to the court all relevant material
327on the offender's progress while in custody. If this sentencing
328alternative to incarceration is utilized, the court shall:
329     (c)  Require the department to provide notifications
330pursuant to s. 948.10(7).
331     Section 6.  Section 948.10, Florida Statutes, is amended to
332read:
333     948.10  Community control programs.--
334     (1)  The Department of Corrections shall develop and
335administer a community control program. Such community control
336program and required manuals shall be developed in consultation
337with the Florida Conference of Circuit Court Judges and the
338office of the State Courts Administrator. This complementary
339program shall be rigidly structured and designed to accommodate
340offenders who, in the absence of such a program, would have been
341incarcerated. The program shall focus on the provision of
342sanctions and consequences which are commensurate with the
343seriousness of the crime. The program shall offer the courts and
344the Parole Commission an alternative, community-based method to
345punish an offender in lieu of incarceration when the offender is
346a member of one of the following target groups:
347     (a)  Probation violators charged with technical violations
348or misdemeanor violations.
349     (b)  Parole violators charged with technical violations or
350misdemeanor violations.
351     (c)  Individuals found guilty of felonies, who, due to
352their criminal backgrounds or the seriousness of the offenses,
353would not be placed on regular probation.
354     (2)  An offender may not be placed in community control if:
355     (a)  Convicted of or adjudication withheld for a forcible
356felony as defined in s. 776.08, and
357     (b)  Previously convicted of or adjudication withheld for a
358forcible felony as defined in s. 776.08.
359
360Nothing in this subsection prohibits placement of certain
361inmates on community control pursuant to s. 947.1747. For the
362purposes of this subsection, a forcible felony does not include
363manslaughter or burglary.
364     (2)(3)  The department shall commit not less than 10
365percent of the parole and probation field staff and supporting
366resources to the operation of the community control program.
367Caseloads should be restricted to a maximum of 25 cases per
368officer in order to ensure an adequate level of staffing.
369Community control is an individualized program in which the
370offender is restricted to noninstitutional quarters or
371restricted to his or her own residence subject to an authorized
372level of limited freedom.
373     (4)  The department shall develop and implement procedures
374to diagnose offenders during the prison intake process in order
375to recommend to the sentencing courts, during the period of
376retained jurisdiction, suitable candidates for placement in a
377program of community control.
378     (5)  The Department of Corrections shall develop, or shall
379contract for the development of, an implementation manual, a
380resource directory, and training programs for implementing
381community control programs.
382     (a)1.  The community control implementation manual shall
383include, but shall not be limited to, an explanation of the
384types of offenders who should be placed in community control
385programs, procedures for diagnosing offenders, objectives and
386goals of such placements, examples of alternative placements
387based upon the experience of other states, and instruction in
388developing an individualized program for each offender.
389     2.  An offender's individualized program shall include
390diagnosis of treatment needs in the areas of education,
391substance abuse, and mental health, as well as community
392sanction provisions, restitution and community service
393provisions, rehabilitation objectives and programs, and a
394schedule for periodic review and reevaluation of such
395individualized programs. Individualized programs for offenders
396who committed controlled substance violations shall include
397provision for the conduct of random substance abuse testing
398intermittently throughout the term of supervision, upon the
399direction of the correctional probation officer as defined in s.
400943.10(3).
401     (b)  The community control resource directory shall
402include, but shall not be limited to, for each circuit in the
403state, an identification and description of community resources
404that are available for the implementation of community control
405programs, which resources include the following:
406     1.  The name, address, phone, county location, capacity,
407and cost.
408     2.  Client eligibility and characteristics which prohibit
409acceptance.
410     3.  The objectives of the program.
411     4.  The primary source of referrals.
412     5.  The average length of stay.
413     6.  The services offered.
414     (c)  Training programs shall be provided for correctional
415field staff, local offender advisory councils, and others
416responsible for the implementation of community control
417programs.
418     (6)  The Florida Court Education Council and the office of
419the State Courts Administrator shall coordinate the development
420and implementation of a reference manual, directory, and
421training programs for judges in relation to community control
422disposition.
423     (7)  Upon written request, when an offender is placed on
424community control, the department shall notify:
425     (a)  The original arresting law enforcement agency.
426     (b)  The sheriff or chief law enforcement officer of the
427county in which the offender is to be placed.
428     (c)  The chief officer of any local law enforcement agency
429within whose jurisdiction the offender is to be placed.
430     (d)  The victim of the offense, the victim's parent or
431guardian if the victim is a minor, the lawful representative of
432the victim or the victim's parent or guardian if the victim is a
433minor, or the next of kin if the victim is a homicide victim.
434
435Such notification shall include the name and street address of
436the offender, the length of supervision, and the nature of the
437offense. Update notification must be provided with respect to
438violation of the terms or conditions of the placement.
439     (8)  If an offender is sentenced to community control by
440the court and the offender is ineligible to be placed on
441community control as provided in subsection (2), the department
442shall:
443     (a)  Review and verify whether an ineligible offender was
444placed on community control.
445     (b)  Within 30 days after receipt of the order, notify the
446sentencing judge, the state attorney, and the Attorney General
447that the offender was ineligible for placement on community
448control.
449     (c)  Provide a quarterly report to the chief judge and the
450state attorney of each circuit citing the number of ineligible
451offenders placed on community control within that circuit.
452     (d)  Provide an annual report to the Governor, the
453President of the Senate, the Speaker of the House of
454Representatives, and the Chief Justice of the Supreme Court on
455the placement of ineligible offenders on community control in
456order to assist in preparing judicial education programs or for
457any other purpose.
458     (3)(9)  Procedures governing violations of community
459control shall be the same as those described in s. 948.06 with
460respect to probation.
461     (4)(10)  Upon completion of the sanctions imposed in the
462community control plan before the expiration of the term ordered
463by the court, the department may petition the court to discharge
464the offender from community control supervision or to return the
465offender to a program of regular probation supervision. In
466considering the petition, the court should recognize the limited
467staff resources committed to the community control program, the
468purpose of the program, and the offender's successful compliance
469with the conditions set forth in the order of the court.
470     (11)  The Department of Corrections shall:
471     (a)  Develop and maintain a weighted statewide caseload
472equalization strategy designed to ensure that high-risk
473offenders receive the highest level of supervision; and
474     (b)  Develop and implement a supervision risk assessment
475instrument for the community control population which is similar
476to the probation risk assessment instrument established by the
477National Institute of Justice.
478     (5)(12)  In its annual report to the Governor, the
479President of the Senate, and the Speaker of the House of
480Representatives under s. 20.315(5), the department shall include
481a detailed analysis of the community control program and the
482department's specific efforts to protect the public from
483offenders placed on community control. The analysis must
484include, but need not be limited to, specific information on the
485department's ability to meet minimum officer-to-offender contact
486standards, the number of crimes committed by offenders on
487community control, and the level of community supervision
488provided.
489     Section 7.  Subsections (1) and (2) of section 958.04,
490Florida Statutes, are amended to read:
491     958.04  Judicial disposition of youthful offenders.--
492     (1)  The court may sentence as a youthful offender any
493person:
494     (a)  Who is at least 18 years of age or who has been
495transferred for prosecution to the criminal division of the
496circuit court pursuant to chapter 985;
497     (b)  Who is found guilty of or who has tendered, and the
498court has accepted, a plea of nolo contendere or guilty to a
499crime that which is, under the laws of this state, a felony if
500the offender is younger than 21 years of age at the time
501sentence is imposed such crime was committed before the
502defendant's 21st birthday; and
503     (c)  Who has not previously been classified as a youthful
504offender under the provisions of this act; however, a no person
505who has been found guilty of a capital or life felony may not be
506sentenced as a youthful offender under this act.
507     (2)  In lieu of other criminal penalties authorized by law
508and notwithstanding any imposition of consecutive sentences, the
509court shall dispose of the criminal case as follows:
510     (a)  The court may place a youthful offender under
511supervision on probation or in a community control program, with
512or without an adjudication of guilt, under such conditions as
513the court may lawfully impose for a period of not more than 6
514years. Such period of supervision may shall not exceed the
515maximum sentence for the offense for which the youthful offender
516was found guilty.
517     (b)  The court may impose a period of incarceration as a
518condition of probation or community control, which period of
519incarceration shall be served in either a county facility, a
520department probation and restitution center, or a community
521residential facility that which is owned and operated by any
522public or private entity providing such services. A No youthful
523offender may not be required to serve a period of incarceration
524in a community correctional center as defined in s. 944.026.
525Admission to a department facility or center shall be contingent
526upon the availability of bed space and shall take into account
527the purpose and function of such facility or center. Placement
528in such a facility or center may shall not exceed 364 days.
529     (c)  The court may impose a split sentence whereby the
530youthful offender is to be placed on probation or community
531control upon completion of any specified period of
532incarceration; however, if the incarceration period is to be
533served in a department facility other than a probation and
534restitution center or community residential facility, such
535period shall be for not less than 1 year or more than 4 years.
536The period of probation or community control shall commence
537immediately upon the release of the youthful offender from
538incarceration. The period of incarceration imposed or served and
539the period of probation or community control, when added
540together, may shall not exceed 6 years.
541     (d)  The court may commit the youthful offender to the
542custody of the department for a period of not more than 6 years,
543provided that any such commitment may shall not exceed the
544maximum sentence for the offense for which the youthful offender
545has been convicted. Successful participation in the youthful
546offender program by an offender who is sentenced as a youthful
547offender by the court pursuant to this section, or is classified
548as such by the department, may result in a recommendation to the
549court, by the department, for a modification or early
550termination of probation, community control, or the sentence at
551any time prior to the scheduled expiration of such term. The
552department shall adopt rules defining criteria for successful
553participation in the youthful offender program which shall
554include program participation, academic and vocational training,
555and satisfactory adjustment. When a modification of the sentence
556results in the reduction of a term of incarceration, the court
557may impose a term of probation or community control which, when
558added to the term of incarceration, may shall not exceed the
559original sentence imposed.
560     Section 8.  Subsections (2), (4), (5), and (6) of section
561958.11, Florida Statutes, are amended to read:
562     958.11  Designation of institutions and programs for
563youthful offenders; assignment from youthful offender
564institutions and programs.--
565     (2)  Youthful offender institutions and programs shall
566contain only those youthful offenders sentenced as such by a
567court or classified as such by the department, pursuant to the
568requirements of subsections (4) and (6), except that under
569special circumstances select adult offenders may be assigned to
570youthful offender institutions. Female youthful offenders of all
571ages may continue to be housed together at those institutions
572designated by department rule Florida Correctional Institution
573and Broward Correctional Institution until such time as
574institutions for a female youthful offenders are offender
575institution is established or adapted to allow for separation by
576age and to accommodate all custody classifications.
577     (4)  The department Office of the Assistant Secretary for
578Youthful Offenders shall continuously screen all institutions,
579facilities, and programs for any inmate who meets the
580eligibility requirements for youthful offender designation
581specified in s. 958.04(1)(a) and (c) whose age does not exceed
58224 years and whose total length of sentence does not exceed 10
583years, and the department may classify and assign as a youthful
584offender any inmate who meets the criteria of this subsection.
585     (5)  The department Population Movement and Control
586Coordinator shall coordinate all youthful offender assignments
587or transfers and shall consult with the Office of the Assistant
588Secretary for Youthful Offenders. The Office of the Assistant
589Secretary for Youthful Offenders shall review and maintain
590access to full and complete documentation and substantiation of
591all such assignments or transfers of youthful offenders to or
592from facilities in the state correctional system which are not
593designated for their care, custody, and control, except
594assignments or transfers made pursuant to paragraph (3)(c).
595     (6)  The department may assign to a youthful offender
596facility any inmate, except a capital or life felon, whose age
597does not exceed 19 years but who does not otherwise meet the
598criteria of this section, if the department Assistant Secretary
599for Youthful Offenders determines that such inmate's mental or
600physical vulnerability would substantially or materially
601jeopardize his or her safety in a nonyouthful offender facility.
602Assignments made under this subsection shall be included in the
603department's annual report.
604     Section 9.  Section 958.12, Florida Statutes, is amended to
605read:
606     958.12  Participation in certain activities required.--
607     (1)  A youthful offender shall be required to participate
608in work assignments, and in career, academic, counseling, and
609other rehabilitative programs in accordance with this section,
610including, but not limited to:
611     (a)  All youthful offenders may be required, as
612appropriate, to participate in:
613     1.  Reception and orientation.
614     2.  Evaluation, needs assessment, and classification.
615     3.  Educational programs.
616     4.  Career and job training.
617     5.  Life and socialization skills training, including
618anger/aggression control.
619     6.  Prerelease orientation and planning.
620     7.  Appropriate transition services.
621     (b)  In addition to the requirements in paragraph (a), the
622department shall make available:
623     1.  Religious services and counseling.
624     2.  Social services.
625     3.  Substance abuse treatment and counseling.
626     4.  Psychological and psychiatric services.
627     5.  Library services.
628     6.  Medical and dental health care.
629     7.  Athletic, recreational, and leisure time activities.
630     8.  Mail and visiting privileges.
631
632Income derived by a youthful offender from participation in such
633activities may be used, in part, to defray a portion of the
634costs of his or her incarceration or supervision; to satisfy
635preexisting obligations; to pay fines, counseling fees, or other
636costs lawfully imposed; or to pay restitution to the victim of
637the crime for which the youthful offender has been convicted in
638an amount determined by the sentencing court. Any such income
639not used for such reasons or not used as provided in s. 946.513
640or s. 958.09 shall be placed in a bank account for use by the
641youthful offender upon his or her release.
642     (2)  A comprehensive transition and postrelease plan shall
643be developed for the youthful offender by a team consisting of a
644transition assistance officer, a classification officer, an
645educational representative, a health services administrator, a
646probation and parole officer, and the youthful offender.
647     (3)  A youthful offender shall be visited by a probation
648and parole officer prior to the offender's release from
649incarceration in order to assist in the youthful offender's
650transition.
651     (3)(4)  Community partnerships shall be developed by the
652department to provide postrelease community resources. The
653department shall develop partnerships with entities that which
654include, but are not limited to, state agencies the Department
655of Labor and Employment Security, the Department of Children and
656Family Services, community health agencies, private agencies,
657and school systems.
658     (4)(5)  If supervision of the youthful offender after
659release from incarceration is required, this and may be
660accomplished in a residential or nonresidential program or,
661intensive day treatment, or through supervision by a
662correctional probation and parole officer.
663     Section 10.  Subsections (1) and (5) of section 945.41,
664Florida Statutes, are amended to read:
665     945.41  Legislative intent of ss. 945.40-945.49.--It is the
666intent of the Legislature that mentally ill inmates in the
667custody of the Department of Corrections receive evaluation and
668appropriate treatment for their mental illness through a
669continuum of services. It is further the intent of the
670Legislature that:
671     (1)  Inmates in the custody of the department who have
672mental illnesses that require hospitalization and intensive
673psychiatric inpatient treatment or care receive appropriate
674treatment or care in Department of Corrections mental health
675treatment facilities designated for that purpose. The department
676shall contract with the Department of Children and Family
677Services for the provision of mental health services in any
678departmental mental health treatment facility. The Department of
679Corrections shall provide mental health services to inmates
680committed to it and may contract with any entities, persons, or
681agencies qualified to provide such services.
682     (5)  The department may designate a mental health treatment
683facility for adult, and youthful, and female offenders or may
684contract with other appropriate entities, persons, or agencies
685for such services.
686     Section 11.  Section 945.42, Florida Statutes, is amended
687to read:
688     945.42  Definitions; ss. 945.40-945.49.--As used in ss.
689945.40-945.49, the following terms shall have the meanings
690ascribed to them, unless the context shall clearly indicate
691otherwise:
692     (1)  "Court" means the circuit court.
693     (2)  "Crisis stabilization care" means a level of care that
694is less restrictive and intense than care provided in a mental
695health treatment facility, that includes a broad range of
696evaluation and treatment services provided within a highly
697structured setting or locked residential setting, and that is
698intended for inmates who are experiencing acute emotional
699distress and who cannot be adequately evaluated and treated in a
700transitional care unit or infirmary isolation management room.
701Such treatment is also more intense than treatment provided in a
702transitional care unit and is devoted principally toward rapid
703stabilization of acute symptoms and conditions.
704     (3)(2)  "Department" means the Department of Corrections.
705     (4)(3)  "Director" means the Director for Mental Health
706Services of the Department of Corrections or his or her
707designee.
708     (5)(4)  "In immediate need of care and treatment" means
709that an inmate is apparently mentally ill and is not able to be
710appropriately cared for in the institution where he or she the
711inmate is confined and that, but for being isolated in a more
712restrictive and secure housing environment, because of the
713apparent mental illness:
714     (a)1.  The inmate is demonstrating a refusal to care for
715himself or herself and without immediate treatment intervention,
716is likely to continue to refuse to care for himself or herself,
717and such refusal the alleged mental illness poses an immediate,
718real, and present threat of substantial harm to his or her the
719inmate's well-being; or to the safety of others.
720     2.  There is an immediate, real, and present threat that
721the inmate will inflict serious bodily harm on himself or
722herself or another person, as evidenced by recent behavior
723involving causing, attempting, or threatening such harm;
724     (b)1.  The inmate has refused voluntary placement for
725treatment at a mental health treatment facility after sufficient
726and conscientious explanation and disclosure of the purpose of
727placement; or
728     2.  The inmate is unable to determine for himself or
729herself whether placement is necessary; and
730     (c)  All available less restrictive treatment alternatives
731that would offer an opportunity for improvement of the inmate's
732condition have been clinically determined to be inappropriate.
733     (6)(5)  "In need of care and treatment" means that an
734inmate has a mental illness for which inpatient services in a
735mental health treatment facility are necessary and that, but for
736being isolated in a more restrictive and secure housing
737environment, because of the which mental illness:
738     (a)1.  The inmate is demonstrating a refusal to care for
739himself or herself and without treatment is likely to continue
740to refuse to care for himself or herself, and such refusal poses
741a real and present threat of substantial harm to his or her the
742inmate's well-being; or to the safety of others.
743     2.  There is a substantial likelihood that in the near
744future the inmate will inflict serious bodily harm on himself or
745herself or another person, as evidenced by recent behavior
746causing, attempting, or threatening such harm;
747     (b)1.  The inmate has refused voluntary placement for
748treatment at a mental health treatment facility after sufficient
749and conscientious explanation and disclosure of the purpose of
750placement; or
751     2.  The inmate is unable to determine for himself or
752herself whether placement is necessary; and
753     (c)  All available less restrictive treatment alternatives
754that would offer an opportunity for improvement of the inmate's
755condition have been clinically determined to be inappropriate.
756     (7)(6)  "Inmate" means any person committed to the custody
757of the Department of Corrections.
758     (8)(7)  "Mental health treatment facility" means the
759Corrections Mental Health Institution and any extended treatment
760or hospitalization-level unit within the corrections system
761which other institution that the Assistant Secretary for Health
762Services of the department specifically designates by rule to
763provide acute psychiatric care and which may include involuntary
764treatment and therapeutic intervention at the hospital level, in
765contrast to less intensive levels of care such as outpatient
766mental health care, transitional mental health care, or crisis
767stabilization care.
768     (9)(8)  "Mentally ill" means an impairment of the mental or
769emotional processes, of the ability to exercise conscious
770control of one's actions, or of the ability to perceive or
771understand reality or to understand, which impairment
772substantially interferes with a person's ability to meet the
773ordinary demands of living, regardless of etiology, except that,
774for the purposes of transfer of an inmate to a mental health
775treatment facility, the term does not include retardation or
776developmental disability as defined in chapter 393, simple
777intoxication, or conditions manifested only by antisocial
778behavior or substance abuse drug addiction. However, an
779individual who is mentally retarded or developmentally disabled
780may also have a mental illness.
781     (10)(9)  "Psychiatrist" means a medical practitioner
782licensed pursuant to chapter 458 or chapter 459 who has
783primarily diagnosed and treated nervous and mental disorders for
784a period of not less than 3 years inclusive of psychiatric
785residency.
786     (11)(10)  "Psychological professional" "Psychologist" means
787a behavioral practitioner who has an approved doctoral degree in
788psychology as defined in s. 490.003(3)(b) and is employed by the
789department that is primarily clinical in nature from a
790university or professional graduate school that is state-
791authorized or accredited by an accrediting agency approved by
792the United States Department of Education and who is
793professionally certified by the appropriate professional
794psychology association or who is licensed as a psychologist
795pursuant to chapter 490.
796     (12)(11)  "Secretary" means the Secretary of Corrections.
797     (13)(12)  "Transitional mental health care" means a level
798of care that is more intensive than outpatient care, but less
799intensive than crisis stabilization care, and is characterized
800by the provision of traditional mental health treatments such as
801group and individual therapy, activity therapy, recreational
802therapy, and psychotropic medications chemotherapy, in the
803context of a structured residential setting. Transitional mental
804health care is indicated for a person with chronic or residual
805symptomatology who does not require crisis stabilization care or
806acute psychiatric care at the hospital level, but whose
807impairment impairments in functioning nevertheless renders
808render him or her incapable of adjusting satisfactorily within
809the general inmate population, even with the assistance of
810outpatient care.
811     (14)(13)  "Warden" means the warden of a state corrections
812facility or his or her designee.
813     Section 12.  Section 945.43, Florida Statutes, is amended
814to read:
815     945.43  Admission of inmate to mental health treatment
816facility.--
817     (1)  CRITERIA.--An inmate may be admitted to a mental
818health treatment facility if he or she is mentally ill and is in
819need of care and treatment, as defined in s. 945.42.
820     (2)  PROCEDURE FOR PLACEMENT IN ADMISSION TO A MENTAL
821HEALTH TREATMENT FACILITY.--
822     (a)  An inmate may be admitted to a mental health treatment
823facility after notice and hearing, upon the recommendation of
824the warden of the facility where the inmate is confined and of
825the director. The recommendation shall be entered on a petition
826certificate and must be supported by the expert opinion of a
827psychiatrist and the second opinion of a psychiatrist or
828psychological professional psychologist. The petition
829certificate shall be filed with the court in the county where
830the inmate is located and shall serve as a petition for a
831hearing regarding placement.
832     (b)  A copy of the petition certificate shall also be filed
833with the department, and copies shall be served on the inmate
834and the inmate's representatives, accompanied by:
835     1.  A written notice, in plain and simple language, that
836the inmate or the inmate's representative may apply at any time
837for a hearing on the issue of the inmate's need for treatment if
838he or she has previously waived such a hearing.
839     2.  A petition for such hearing, which requires only the
840signature of the inmate or the inmate's representative for
841completion.
842     3.  A written notice that the petition may be filed with
843the court in the county in which the inmate is hospitalized at
844the time and stating the name and address of the judge of such
845court.
846     4.  a written notice that the inmate or the inmate's
847representative may apply immediately to the court to have an
848attorney appointed if the inmate cannot afford one.
849     (c)  The petition for placement may be filed in the county
850in which the inmate is located being treated at any time within
8516 months of the date of the certificate. The hearing shall be
852held in the same county, and one of the inmate's physicians at
853the facility where the inmate is located shall appear as a
854witness at the hearing.
855     (d)  An attorney representing the inmate shall have access
856to the inmate and any records, including medical or mental
857health records, which are relevant to the representation of the
858inmate.
859     (e)  If the court finds that the inmate is mentally ill and
860in need of care and treatment, as defined in s. 945.42, the
861court it shall order that he or she be placed in admitted to a
862mental health treatment facility or, if the inmate is at a
863mental health treatment facility, that he or she be retained
864there. However, the inmate may be immediately transferred to and
865admitted at a mental health treatment facility by executing a
866waiver of the hearing by express and informed consent, without
867awaiting the court order. The court shall authorize the mental
868health treatment facility to retain the inmate for up to 6
869months. If, at the end of that time, continued placement
870treatment is necessary, the warden shall apply to the Division
871of Administrative Hearings in accordance with s. 945.45 court
872for an order authorizing continued placement.
873     (3)  PROCEDURE FOR HEARING ON PLACEMENT TRANSFER OF AN
874INMATE IN A FOR MENTAL HEALTH TREATMENT FACILITY.--If the inmate
875does not waive a hearing or if the inmate or the inmate's
876representative files a petition for a hearing after having
877waived it,
878     (a)  The court shall serve notice on the warden of the
879facility where the inmate is confined, the director, and the
880allegedly mentally ill inmate. The notice must shall specify the
881date, time, and place of the hearing; the basis for the
882allegation of mental illness; and the names of the examining
883experts. The hearing shall be held within 5 days, and the court
884may appoint a general or special magistrate to preside. The
885court may waive the presence of the inmate at the hearing if
886such waiver is consistent with the best interests of the inmate
887and the inmate's counsel does not object. The hearing may be as
888informal as is consistent with orderly procedure. One of the
889experts whose opinion supported the petition for placement
890recommendation shall be present at the hearing for information
891purposes.
892     (b)  If, at the hearing, the court finds that the inmate is
893mentally ill and in need of care and treatment, as defined in s.
894945.42, the court it shall order that he or she be placed in
895transferred to a mental health treatment facility and provided
896appropriate treatment. The court shall provide a copy of its
897order authorizing placement transfer and all supporting
898documentation relating to the inmate's condition to the warden
899of the treatment facility. If the court finds that the inmate is
900not mentally ill, it shall dismiss the petition for placement
901transfer.
902     (4)  REFUSAL OF PLACEMENT ADMISSION; WHEN REFUSAL
903ALLOWED.--The warden of an institution in which a mental health
904treatment facility is located may refuse to place admit any
905inmate in that treatment facility who is not accompanied by
906adequate court orders and documentation, as required in ss.
907945.40-945.49.
908     Section 13.  Section 945.44, Florida Statutes, is amended
909to read:
910     945.44  Emergency placement admission of inmate in a to
911mental health treatment facility.--
912     (1)  CRITERIA.--An inmate may be placed in a mental health
913treatment facility on an emergency basis if he or she is
914mentally ill and in immediate need of care and treatment, as
915defined in s. 945.42.
916     (2)  PROCEDURE FOR EMERGENCY PLACEMENT ADMISSION.--An
917inmate who is mentally ill and in immediate need of care and
918treatment that which cannot be provided at the institution where
919he or she is confined may be placed in admitted to a mental
920health treatment facility on an emergency basis. The inmate may
921be placed transferred immediately in a mental health treatment
922to the facility and shall be accompanied by the recommendation
923of the warden of the institution where the inmate is confined,
924which recommendation must shall state the need for the emergency
925placement transfer and shall include a written opinion of a
926physician verifying the need for the emergency placement
927transfer. Upon the emergency placement the admission of the
928inmate in to the facility, the inmate shall be evaluated; if he
929or she is determined to be in need of treatment or care, the
930warden shall initiate proceedings for placement of the inmate,
931as described in s. 945.43(2).
932     Section 14.  Section 945.45, Florida Statutes, is amended
933to read:
934     945.45  Procedure for Continued placement of inmates in
935mental health treatment facilities.--
936     (1)  CRITERIA.--An inmate may be retained in a mental
937health treatment facility if he or she is mentally ill and
938continues to be in need of care and treatment, as defined in s.
939945.42.
940     (2)(1)  PROCEDURE.--
941     (a)  If continued placement of an inmate is necessary, The
942warden shall, prior to the expiration of the period during which
943the treatment facility is authorized to retain the inmate, file
944a petition with the Division of Administrative Hearings for
945request an order authorizing continued placement. The petition
946must This request shall be accompanied by a statement from the
947inmate's physician justifying the petition request and providing
948a brief summary of the inmate's treatment during the time he or
949she has been placed. In addition, the warden shall submit an
950individualized plan for the inmate for whom he or she is
951requesting continued placement. The inmate may remain in a
952mental health treatment facility pending a hearing after the
953timely filing of the petition.
954     (b)  Notification of this request for retention shall be
955mailed to the inmate, and the inmate's representative along with
956a waiver-of-hearing form and the completed petition, requesting
957the inmate's only a signature and a waiver-of-hearing form. The
958waiver-of-hearing form shall require express and informed
959consent and shall state that the inmate is entitled to an
960administrative a hearing under the law; that the inmate is
961entitled to be represented by an attorney at the hearing and
962that, if the inmate cannot afford an attorney, one will be
963appointed; and that, if it is shown at the hearing that the
964inmate does not meet the criteria for continued placement, he or
965she will be transferred out of the mental health treatment
966facility to another facility of the department. If the inmate or
967the inmate's representative does not sign the petition, or if
968the inmate does not sign a waiver within 15 days, the
969administrative law judge shall notice a hearing with regard to
970the inmate involved in accordance with ss. 120.569 and
971120.57(1).
972     (3)  PROCEDURE FOR HEARING.--
973     (a)  The hearing on a petition for the continued placement
974of an inmate in a mental health treatment facility is an
975administrative hearing and shall be conducted in accordance with
976ss. 120.569 and 120.57(1), except that an order entered by the
977administrative law judge is final and subject to judicial review
978in accordance with s. 120.68. An administrative law judge shall
979be assigned by the Division of Administrative Hearings to
980conduct hearings for continued placement.
981     (b)  The administrative law judge may appoint a private pro
982bono attorney in the circuit in which the treatment facility is
983located to represent the inmate.
984     (c)  The administrative law judge may waive the presence of
985the inmate at the hearing if such waiver is consistent with the
986best interests of the inmate and the inmate's counsel does not
987object.
988     (d)(2)  If, at a hearing pursuant to ss. 945.40-945.49, the
989administrative law judge finds that the inmate no longer meets
990the criteria for placement treatment, he or she shall order that
991the inmate be transferred out of the mental health treatment
992facility to another facility of the department.
993     (e)(3)  If the inmate waives the hearing or if the
994administrative law judge finds that the inmate is in need of
995continued placement treatment, the administrative law judge
996shall enter an order authorizing such continued placement
997treatment for a period not to exceed 1 year. The same procedure
998shall be repeated prior to the expiration of each additional 1-
999year period that the inmate is retained in the mental health
1000treatment facility.
1001     (4)  Hearings on requests for orders authorizing continued
1002placement filed in accordance with this section shall be
1003conducted in accordance with the provisions of ss. 120.569 and
1004120.57(1), except that any order entered by the administrative
1005law judge shall be final and subject to judicial review in
1006accordance with s. 120.68.
1007     Section 15.  Section 945.46, Florida Statutes, is amended
1008to read:
1009     945.46  Initiation of involuntary placement proceedings
1010with respect to a mentally ill inmate scheduled for release.--
1011     (1)  If an inmate who is receiving mental health treatment
1012in the department is scheduled for release through expiration of
1013sentence or any other means, but continues to be mentally ill
1014and in need of care and treatment, as defined in s. 945.42, the
1015warden is authorized to initiate procedures for involuntary
1016placement pursuant to the provisions of s. 394.467, 60 days
1017prior to such release.
1018     (2)  In addition, the warden may initiate procedures for
1019involuntary examination pursuant to s. 394.463 for any inmate
1020who has a mental illness and meets the criteria of s.
1021394.463(1).
1022     Section 16.  Section 945.47, Florida Statutes, is amended
1023to read:
1024     945.47  Discharge of inmate from mental health treatment.--
1025     (1)  An inmate who has been transferred for the purpose of
1026mental health treatment shall be discharged from treatment by
1027the warden under the following conditions:
1028     (a)  If the inmate is no longer in need of care and
1029treatment, as defined in s. 945.42, he or she may be transferred
1030out of the mental health treatment facility and provided with
1031appropriate mental health services to another institution in the
1032department; or
1033     (b)  If the inmate continues to be mentally ill, but is not
1034in need of care and treatment as an inpatient, he or she may be
1035transferred to another institution in the department and
1036provided appropriate outpatient and aftercare services;
1037     (b)(c)  If the inmate's sentence expires during his or her
1038treatment, but he or she is no longer in need of care and
1039treatment as an inpatient, the inmate may be released with a
1040recommendation for outpatient treatment, pursuant to the
1041provisions of ss. 945.40-945.49.; or
1042     (d)  If the inmate's sentence expires and he or she
1043continues to be mentally ill and in need of care and treatment,
1044the warden shall initiate proceedings for involuntary placement,
1045pursuant to s. 394.467.
1046     (2)  An inmate who is involuntarily placed pursuant to s.
1047394.467 at the expiration of his or her sentence may be placed,
1048by order of the court, in a facility designated by the
1049Department of Children and Family Services as a secure,
1050nonforensic, civil facility. Such a placement shall be
1051conditioned upon a finding by the court of clear and convincing
1052evidence that the inmate is manifestly dangerous to himself or
1053herself or others. The need for such placement shall be reviewed
1054by facility staff every 90 days. At any time that a patient is
1055considered for transfer to a nonsecure, civil unit, the court
1056which entered the order for involuntary placement shall be
1057notified.
1058     (2)(3)  At any time that an inmate who has received mental
1059health treatment while in the custody of the department becomes
1060eligible for release under supervision or upon end of sentence
1061on parole, a complete record of the inmate's mental health
1062treatment may shall be provided to the Parole Commission and to
1063the Department of Children and Family Services upon request. The
1064record shall include, at a minimum least, a summary of the
1065inmate's diagnosis, length of stay in treatment, clinical
1066history, prognosis, prescribed medication, and treatment plan,
1067and recommendations for aftercare services. In the event that
1068the inmate is released on parole, the record shall be provided
1069to the parole officer who shall assist the inmate in applying
1070for services from a professional or an agency in the community.
1071The application for treatment and continuation of treatment by
1072the inmate may be made a condition of parole, as provided in s.
1073947.19(1); and a failure to participate in prescribed treatment
1074may be a basis for initiation of parole violation hearings.
1075     Section 17.  Section 945.48, Florida Statutes, is amended
1076to read:
1077     945.48  Rights of inmates inmate provided mental health
1078treatment; procedure for involuntary treatment.--
1079     (1)  RIGHT TO QUALITY TREATMENT.--An inmate in a mental
1080health treatment facility has the right to receive treatment
1081that which is suited to his or her needs and that which is
1082provided in a humane psychological environment. Such treatment
1083shall be administered skillfully, safely, and humanely with
1084respect for the inmate's dignity and personal integrity.
1085     (2)  RIGHT TO EXPRESS AND INFORMED CONSENT.--Any inmate
1086provided psychiatric treatment within the department shall be
1087asked to give his or her express and informed written consent
1088for such treatment. "Express and informed written consent" or
1089"consent" means consent voluntarily given in writing after a
1090conscientious and sufficient explanation and disclosure of the
1091purpose of the proposed treatment; the common side effects of
1092the treatment, if any; the expected duration of the treatment;
1093and the alternative treatment available. The explanation shall
1094enable the inmate to make a knowing and willful decision without
1095any element of fraud, deceit, or duress or any other form of
1096constraint or coercion.
1097     (3)  PROCEDURE FOR INVOLUNTARY TREATMENT OF
1098INMATES.--Involuntary mental health treatment of an inmate who
1099refuses treatment that is deemed to be necessary for the
1100appropriate care of the inmate and the safety of the inmate or
1101others may be provided at a mental health treatment facility. an
1102institution authorized to do so by the Assistant Secretary for
1103Health Services under the following circumstances:
1104     (a)  In an emergency situation in which there is immediate
1105danger to the health and safety of the inmate or other inmates,
1106such treatment may be provided upon the written order of a
1107physician for a period not to exceed 48 hours, excluding
1108weekends and legal holidays. If, after the 48-hour period, the
1109inmate has not given express and informed consent to the
1110treatment initially refused, the warden shall, within 48 hours,
1111excluding weekends and legal holidays, petition the circuit
1112court serving the county in which the facility is located for an
1113order authorizing the continued treatment of the inmate. In the
1114interim, treatment may be continued upon the written order of a
1115physician who has determined that the emergency situation
1116continues to present a danger to the safety of the inmate or
1117others. If an inmate must be isolated for mental health
1118purposes, that decision must be reviewed within 72 hours by
1119medical staff different from that making the original placement.
1120     (b)  In a situation other than an emergency situation, The
1121warden of the institution containing the mental health treatment
1122facility shall petition the circuit court serving the county in
1123which the mental health treatment facility is located for an
1124order authorizing the treatment of the inmate. The inmate shall
1125be provided with a copy of the petition along with the proposed
1126treatment, the basis for the proposed treatment, the names of
1127the examining experts, and the date, time, and location of the
1128hearing. The inmate may have an attorney represent him or her at
1129the hearing and, if the inmate is indigent, the court shall
1130appoint the office of the public defender or private counsel
1131pursuant to s. 27.40(1) to represent the inmate at the hearing.
1132An attorney representing the inmate shall have access to the
1133inmate and any records, including medical or mental health
1134records, which are relevant to the representation of the inmate.
1135The order shall allow such treatment for a period not to exceed
113690 days from the date of the order. Unless the court is notified
1137in writing that the inmate has provided express and informed
1138consent in writing, that the inmate has been transferred to
1139another institution of the department, or that the inmate is no
1140longer in need of treatment, the warden shall, prior to the
1141expiration of the initial 90-day order, petition the court for
1142an order authorizing the continuation of treatment for another
114390-day period. This procedure shall be repeated until the inmate
1144provides consent or is no longer in need of treatment. Treatment
1145may be continued pending a hearing after the filing of any
1146petition.
1147     (4)  PROCEDURE FOR THE HEARING ON INVOLUNTARY TREATMENT OF
1148AN INMATE.--
1149     (a)  The hearing on the petition for involuntary treatment
1150shall be held within 5 days after the petition is filed and the
1151court may appoint a general or special magistrate to preside.
1152The inmate may testify or not, as he or she chooses, may cross-
1153examine witnesses testifying on behalf of the facility, and may
1154present his or her own witnesses. However, the court may waive
1155the presence of the inmate at the hearing if such waiver is
1156consistent with the best interests of the inmate and the
1157inmate's counsel does not object. One of the inmate's physicians
1158whose opinion supported the petition shall appear as a witness
1159at the hearing.
1160     (b)(c)  At the hearing on the issue of whether the court
1161should authorize treatment for which an inmate has refused to
1162give express and informed consent, the court shall determine by
1163clear and convincing evidence whether the inmate is mentally ill
1164as defined in this chapter; whether such treatment is essential
1165to the care of the inmate; and whether the treatment is
1166experimental or presents an unreasonable risk of serious,
1167hazardous, or irreversible side effects. In arriving at the
1168substitute judgment decision, the court must consider at least
1169the following:
1170     1.  The inmate's expressed preference regarding treatment;
1171     2.  The probability of adverse side effects;
1172     3.  The prognosis for the inmate without treatment; and
1173     4.  The prognosis for the inmate with treatment.
1174
1175The inmate and the inmate's representative shall be provided
1176with a copy of the petition and the date, time, and location of
1177the hearing. The inmate may have an attorney represent him or
1178her at the hearing, and, if the inmate is indigent, the court
1179shall appoint the office of the public defender to represent him
1180or her at the hearing. The inmate may testify or not, as he or
1181she chooses, may cross-examine witnesses testifying on behalf of
1182the facility, and may present his or her own witnesses.
1183     (c)  An order authorizing involuntary treatment shall allow
1184such treatment for a period not to exceed 90 days following the
1185date of the order. Unless the court is notified in writing that
1186the inmate has provided express and informed consent in writing,
1187that the inmate has been transferred to another institution of
1188the department, or that the inmate is no longer in need of
1189treatment, the warden shall, prior to the expiration of the
1190initial 90-day order, petition the court for an order
1191authorizing the continuation of treatment for another 90-day
1192period. This procedure shall be repeated until the inmate
1193provides express and informed consent or is no longer in need of
1194treatment. Treatment may be continued pending a hearing after
1195the timely filing of any petition.
1196     (5)  PROCEDURE FOR EMERGENCY TREATMENT.--In an emergency
1197situation in which there is immediate danger to the health and
1198safety of an inmate or other inmates, emergency treatment may be
1199provided at a mental health treatment facility upon the written
1200order of a physician for a period not to exceed 48 hours,
1201excluding weekends and legal holidays. If, after the 48-hour
1202period, the inmate has not given express and informed consent to
1203the treatment initially refused, the warden shall, within 48
1204hours, excluding weekends and legal holidays, petition the
1205circuit court, in accordance with the procedures described in
1206this section, for an order authorizing the continued treatment
1207of the inmate. In the interim, treatment may be continued upon
1208the written order of a physician who has determined that the
1209emergency situation continues to present a danger to the safety
1210of the inmate or others. If an inmate must be isolated for
1211mental health purposes, that decision must be reviewed within 72
1212hours by a different psychological professional or a physician
1213other than the one making the original placement.
1214     (6)(d)  EMERGENCY TREATMENT.--In addition to the other
1215above provisions of this section for mental health treatment,
1216when the consent permission of the inmate cannot be obtained,
1217the warden of a mental health treatment facility, or his or her
1218designated representative, with the concurrence of the inmate's
1219attending physician, may authorize emergency surgical or
1220nonpsychiatric medical treatment if such treatment is deemed
1221lifesaving or there is a situation threatening serious bodily
1222harm to the inmate.
1223     (3)  STATUS OF INMATE.--An inmate receiving mental health
1224treatment shall be subject to the same standards applied to
1225other inmates in the department, including, but not limited to,
1226consideration for parole, release by reason of gain-time
1227allowances as provided for in s. 944.291, and release by
1228expiration of sentence.
1229     Section 18.  Section 945.49, Florida Statutes, is amended
1230to read:
1231     945.49  Operation and administration.--
1232     (1)  ADMINISTRATION.--The department is authorized to
1233contract with the appropriate entities, agencies, persons, and
1234local governing bodies to provide mental health services
1235pursuant to ss. 945.40-945.49.
1236     (2)  RULES.--The department, in cooperation with the Mental
1237Health Program Office of the Department of Children and Family
1238Services, shall adopt rules necessary for administration of ss.
1239945.40-945.49 in accordance with chapter 120.
1240     (3)  ORIENTATION AND TRAINING.--Correctional officers
1241employed by a mental health treatment facility shall receive
1242specialized training above and beyond that required for basic
1243certification pursuant to chapter 943. Such training shall be in
1244accordance with requirements of the Criminal Justice Standards
1245and Training Commission.
1246     (4)  STATUS OF INMATE.--An inmate receiving mental health
1247treatment shall be subject to the same standards applied to
1248other inmates in the department, including, but not limited to,
1249consideration for parole, release by reason of gain-time
1250allowances as provided for in s. 944.291, and release by
1251expiration of sentence. ADMINISTRATIVE LAW JUDGES.--One or more
1252administrative law judges shall be assigned by the Division of
1253Administrative Hearings to conduct hearings for continued
1254placement.
1255     Section 19.  This act shall take effect October 1, 2008.


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