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

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