Florida Senate - 2015                                     SB 410
       
       
        
       By Senator Dean
       
       
       
       
       
       5-00562A-15                                            2015410__
    1                        A bill to be entitled                      
    2         An act relating to mandatory supervision for released
    3         violent offenders; providing legislative intent;
    4         amending s. 947.1405, F.S.; revising a short title;
    5         renaming the conditional release program as the
    6         mandatory supervision program; conforming provisions
    7         to changes made by the act; replacing the term
    8         “conditional release” with the term “mandatory
    9         supervision”; amending s. 947.141, F.S.; conforming
   10         provisions; amending s. 944.291, F.S.; revising which
   11         prisoners may only be released under mandatory
   12         supervision; conforming provisions to changes made by
   13         the act; amending ss. 216.136, 394.926, 394.927,
   14         775.084, 775.16, 775.21, 775.261, 893.11, 943.0435,
   15         943.325, 944.171, 944.28, 944.606, 944.607, 944.608,
   16         944.70, 945.36, 947.071, 947.13, 947.22, 947.24,
   17         948.09, 948.32, and 957.06, F.S.; conforming
   18         provisions to changes made by the act; providing
   19         applicability; specifying that the Mandatory
   20         Supervision Program Act continues the prior
   21         Conditional Release Program Act; providing an
   22         effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. The Legislature finds that those convicted of
   27  violent offenses and sentenced to incarceration are at a higher
   28  risk of continuing to perpetrate crimes after release. The
   29  Legislature further finds that intensive, postprison supervision
   30  may help such persons in making the transition from prison to a
   31  postrelease community setting by offering participation in
   32  appropriate programs and by following specified terms and
   33  conditions. Such intensive, postprison supervision is also
   34  intended to help reduce recidivism.
   35         Section 2. Section 947.1405, Florida Statutes, is amended
   36  to read:
   37         947.1405 Mandatory supervision Conditional release
   38  program.—
   39         (1) This section and s. 947.141 may be cited as the
   40  “Mandatory Supervision Conditional Release Program Act.”
   41         (2) Any inmate who:
   42         (a) Is convicted of a crime committed on or after October
   43  1, 1988, and before January 1, 1994, and any inmate who is
   44  convicted of a crime committed on or after January 1, 1994,
   45  which crime is or was contained in category 1, category 2,
   46  category 3, or category 4 of Rule 3.701 and Rule 3.988, Florida
   47  Rules of Criminal Procedure (1993), and who has served at least
   48  one prior felony commitment at a state or federal correctional
   49  institution;
   50         (b) Is sentenced as a habitual or violent habitual offender
   51  or a violent career criminal pursuant to s. 775.084; or
   52         (c) Is found to be a sexual predator under s. 775.21 or
   53  former s. 775.23; or,
   54         (d) Is convicted of a crime committed on or after October
   55  1, 2015, which crime is or was contained in category 1, category
   56  2, category 3, or category 4 of Rule 3.701 and Rule 3.988,
   57  Florida Rules of Criminal Procedure (1993),
   58  
   59  shall, upon reaching the tentative release date or provisional
   60  release date, whichever is earlier, as established by the
   61  Department of Corrections, be released under supervision subject
   62  to specified terms and conditions, including payment of the cost
   63  of supervision pursuant to s. 948.09. Such supervision shall be
   64  applicable to all sentences within the overall term of sentences
   65  if an inmate’s overall term of sentences includes one or more
   66  sentences that are eligible for mandatory conditional release
   67  supervision as provided herein. Effective July 1, 1994, and
   68  applicable for offenses committed on or after that date, the
   69  commission may require, as a condition of mandatory supervision
   70  conditional release, that the releasee make payment of the debt
   71  due and owing to a county or municipal detention facility under
   72  s. 951.032 for medical care, treatment, hospitalization, or
   73  transportation received by the releasee while in that detention
   74  facility. The commission, in determining whether to order such
   75  repayment and the amount of such repayment, shall consider the
   76  amount of the debt, whether there was any fault of the
   77  institution for the medical expenses incurred, the financial
   78  resources of the releasee, the present and potential future
   79  financial needs and earning ability of the releasee, and
   80  dependents, and other appropriate factors. If any inmate placed
   81  on mandatory conditional release supervision is also subject to
   82  probation or community control, resulting from a probationary or
   83  community control split sentence within the overall term of
   84  sentences, the Department of Corrections shall supervise such
   85  person according to the conditions imposed by the court and the
   86  commission shall defer to such supervision. If the court revokes
   87  probation or community control and resentences the offender to a
   88  term of incarceration, such revocation also constitutes a
   89  sufficient basis for the revocation of the mandatory conditional
   90  release supervision on any nonprobationary or noncommunity
   91  control sentence without further hearing by the commission. If
   92  any such supervision on any nonprobationary or noncommunity
   93  control sentence is revoked, such revocation may result in a
   94  forfeiture of all gain-time, and the commission may revoke the
   95  resulting deferred mandatory conditional release supervision or
   96  take other action it considers appropriate. If the term of
   97  mandatory conditional release supervision exceeds that of the
   98  probation or community control, then, upon expiration of the
   99  probation or community control, authority for the supervision
  100  shall revert to the commission and the supervision shall be
  101  subject to the conditions imposed by the commission. A panel of
  102  no fewer than two commissioners shall establish the terms and
  103  conditions of any such release. If the offense was a controlled
  104  substance violation, the conditions shall include a requirement
  105  that the offender submit to random substance abuse testing
  106  intermittently throughout the term of mandatory conditional
  107  release supervision, upon the direction of the correctional
  108  probation officer as defined in s. 943.10(3). The commission
  109  shall also determine whether the terms and conditions of such
  110  release have been violated and whether such violation warrants
  111  revocation of the mandatory supervision conditional release.
  112         (3) As part of the mandatory supervision conditional
  113  release process, the commission, through review and
  114  consideration of information provided by the department, shall
  115  determine:
  116         (a) The amount of reparation or restitution.
  117         (b) The consequences of the offense as reported by the
  118  aggrieved party.
  119         (c) The aggrieved party’s fear of the inmate or concerns
  120  about the release of the inmate.
  121         (4) The commission shall provide to the aggrieved party
  122  information regarding the manner in which notice of any
  123  developments concerning the status of the inmate during the term
  124  of mandatory supervision conditional release may be requested.
  125         (5) Within 180 days prior to the tentative release date or
  126  provisional release date, whichever is earlier, a representative
  127  of the department shall review the inmate’s program
  128  participation, disciplinary record, psychological and medical
  129  records, criminal records, and any other information pertinent
  130  to the impending release. The department shall gather and
  131  compile information necessary for the commission to make the
  132  determinations set forth in subsection (3). A department
  133  representative shall conduct a personal interview with the
  134  inmate for the purpose of determining the details of the
  135  inmate’s release plan, including the inmate’s planned residence
  136  and employment. The department representative shall forward the
  137  inmate’s release plan to the commission and recommend to the
  138  commission the terms and conditions of the mandatory supervision
  139  conditional release.
  140         (6) The commission shall review the recommendations of the
  141  department, and such other information as it deems relevant, and
  142  may conduct a review of the inmate’s record for the purpose of
  143  establishing the terms and conditions of the mandatory
  144  supervision conditional release. The commission may impose any
  145  special conditions it considers warranted from its review of the
  146  release plan and recommendation. If the commission determines
  147  that the inmate is eligible for release under this section, the
  148  commission shall enter an order establishing the length of
  149  supervision and the conditions attendant thereto. However, an
  150  inmate who has been convicted of a violation of chapter 794 or
  151  found by the court to be a sexual predator is subject to the
  152  maximum level of supervision provided, with the mandatory
  153  conditions as required in subsection (7), and that supervision
  154  shall continue through the end of the releasee’s original court
  155  imposed sentence. The length of supervision must not exceed the
  156  maximum penalty imposed by the court.
  157         (7)(a) Any inmate who is convicted of a crime committed on
  158  or after October 1, 1995, or who has been previously convicted
  159  of a crime committed on or after October 1, 1995, in violation
  160  of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or s.
  161  847.0145, and is subject to mandatory conditional release
  162  supervision, shall have, in addition to any other conditions
  163  imposed, the following special conditions imposed by the
  164  commission:
  165         1. A mandatory curfew from 10 p.m. to 6 a.m. The commission
  166  may designate another 8-hour period if the offender’s employment
  167  precludes the above specified time, and such alternative is
  168  recommended by the Department of Corrections. If the commission
  169  determines that imposing a curfew would endanger the victim, the
  170  commission may consider alternative sanctions.
  171         2. If the victim was under the age of 18, a prohibition on
  172  living within 1,000 feet of a school, child care facility, park,
  173  playground, designated public school bus stop, or other place
  174  where children regularly congregate. A releasee who is subject
  175  to this subparagraph may not relocate to a residence that is
  176  within 1,000 feet of a public school bus stop. Beginning October
  177  1, 2004, the commission or the department may not approve a
  178  residence that is located within 1,000 feet of a school, child
  179  care facility, park, playground, designated school bus stop, or
  180  other place where children regularly congregate for any releasee
  181  who is subject to this subparagraph. On October 1, 2004, the
  182  department shall notify each affected school district of the
  183  location of the residence of a releasee 30 days prior to release
  184  and thereafter, if the releasee relocates to a new residence,
  185  shall notify any affected school district of the residence of
  186  the releasee within 30 days after relocation. If, on October 1,
  187  2004, any public school bus stop is located within 1,000 feet of
  188  the existing residence of such releasee, the district school
  189  board shall relocate that school bus stop. Beginning October 1,
  190  2004, a district school board may not establish or relocate a
  191  public school bus stop within 1,000 feet of the residence of a
  192  releasee who is subject to this subparagraph. The failure of the
  193  district school board to comply with this subparagraph shall not
  194  result in a violation of mandatory conditional release
  195  supervision. A releasee who is subject to this subparagraph may
  196  not be forced to relocate and does not violate his or her
  197  mandatory conditional release supervision if he or she is living
  198  in a residence that meets the requirements of this subparagraph
  199  and a school, child care facility, park, playground, designated
  200  public school bus stop, or other place where children regularly
  201  congregate is subsequently established within 1,000 feet of his
  202  or her residence.
  203         3. Active participation in and successful completion of a
  204  sex offender treatment program with qualified practitioners
  205  specifically trained to treat sex offenders, at the releasee’s
  206  own expense. If a qualified practitioner is not available within
  207  a 50-mile radius of the releasee’s residence, the offender shall
  208  participate in other appropriate therapy.
  209         4. A prohibition on any contact with the victim, directly
  210  or indirectly, including through a third person, unless approved
  211  by the victim, a qualified practitioner in the sexual offender
  212  treatment program, and the sentencing court.
  213         5. If the victim was under the age of 18, a prohibition
  214  against contact with children under the age of 18 without review
  215  and approval by the commission. The commission may approve
  216  supervised contact with a child under the age of 18 if the
  217  approval is based upon a recommendation for contact issued by a
  218  qualified practitioner who is basing the recommendation on a
  219  risk assessment. Further, the sex offender must be currently
  220  enrolled in or have successfully completed a sex offender
  221  therapy program. The commission may not grant supervised contact
  222  with a child if the contact is not recommended by a qualified
  223  practitioner and may deny supervised contact with a child at any
  224  time. When considering whether to approve supervised contact
  225  with a child, the commission must review and consider the
  226  following:
  227         a. A risk assessment completed by a qualified practitioner.
  228  The qualified practitioner must prepare a written report that
  229  must include the findings of the assessment and address each of
  230  the following components:
  231         (I) The sex offender’s current legal status;
  232         (II) The sex offender’s history of adult charges with
  233  apparent sexual motivation;
  234         (III) The sex offender’s history of adult charges without
  235  apparent sexual motivation;
  236         (IV) The sex offender’s history of juvenile charges,
  237  whenever available;
  238         (V) The sex offender’s offender treatment history,
  239  including a consultation from the sex offender’s treating, or
  240  most recent treating, therapist;
  241         (VI) The sex offender’s current mental status;
  242         (VII) The sex offender’s mental health and substance abuse
  243  history as provided by the Department of Corrections;
  244         (VIII) The sex offender’s personal, social, educational,
  245  and work history;
  246         (IX) The results of current psychological testing of the
  247  sex offender if determined necessary by the qualified
  248  practitioner;
  249         (X) A description of the proposed contact, including the
  250  location, frequency, duration, and supervisory arrangement;
  251         (XI) The child’s preference and relative comfort level with
  252  the proposed contact, when age-appropriate;
  253         (XII) The parent’s or legal guardian’s preference regarding
  254  the proposed contact; and
  255         (XIII) The qualified practitioner’s opinion, along with the
  256  basis for that opinion, as to whether the proposed contact would
  257  likely pose significant risk of emotional or physical harm to
  258  the child.
  259  
  260  The written report of the assessment must be given to the
  261  commission.
  262         b. A recommendation made as a part of the risk-assessment
  263  report as to whether supervised contact with the child should be
  264  approved;
  265         c. A written consent signed by the child’s parent or legal
  266  guardian, if the parent or legal guardian is not the sex
  267  offender, agreeing to the sex offender having supervised contact
  268  with the child after receiving full disclosure of the sex
  269  offender’s present legal status, past criminal history, and the
  270  results of the risk assessment. The commission may not approve
  271  contact with the child if the parent or legal guardian refuses
  272  to give written consent for supervised contact;
  273         d. A safety plan prepared by the qualified practitioner,
  274  who provides treatment to the offender, in collaboration with
  275  the sex offender, the child’s parent or legal guardian, and the
  276  child, when age appropriate, which details the acceptable
  277  conditions of contact between the sex offender and the child.
  278  The safety plan must be reviewed and approved by the Department
  279  of Corrections before being submitted to the commission; and
  280         e. Evidence that the child’s parent or legal guardian, if
  281  the parent or legal guardian is not the sex offender,
  282  understands the need for and agrees to the safety plan and has
  283  agreed to provide, or to designate another adult to provide,
  284  constant supervision any time the child is in contact with the
  285  offender.
  286  
  287  The commission may not appoint a person to conduct a risk
  288  assessment and may not accept a risk assessment from a person
  289  who has not demonstrated to the commission that he or she has
  290  met the requirements of a qualified practitioner as defined in
  291  this section.
  292         6. If the victim was under age 18, a prohibition on working
  293  for pay or as a volunteer at any school, child care facility,
  294  park, playground, or other place where children regularly
  295  congregate, as prescribed by the commission.
  296         7. Unless otherwise indicated in the treatment plan
  297  provided by a qualified practitioner in the sexual offender
  298  treatment program, a prohibition on viewing, owning, or
  299  possessing any obscene, pornographic, or sexually stimulating
  300  visual or auditory material, including telephone, electronic
  301  media, computer programs, or computer services that are relevant
  302  to the offender’s deviant behavior pattern.
  303         8. Effective for a releasee whose crime is committed on or
  304  after July 1, 2005, a prohibition on accessing the Internet or
  305  other computer services until a qualified practitioner in the
  306  offender’s sex offender treatment program, after a risk
  307  assessment is completed, approves and implements a safety plan
  308  for the offender’s accessing or using the Internet or other
  309  computer services.
  310         9. A requirement that the releasee must submit two
  311  specimens of blood to the Department of Law Enforcement to be
  312  registered with the DNA database.
  313         10. A requirement that the releasee make restitution to the
  314  victim, as determined by the sentencing court or the commission,
  315  for all necessary medical and related professional services
  316  relating to physical, psychiatric, and psychological care.
  317         11. Submission to a warrantless search by the community
  318  control or probation officer of the probationer’s or community
  319  controllee’s person, residence, or vehicle.
  320         (b) For a releasee whose crime was committed on or after
  321  October 1, 1997, in violation of chapter 794, s. 800.04, s.
  322  827.071, s. 847.0135(5), or s. 847.0145, and who is subject to
  323  mandatory conditional release supervision, in addition to any
  324  other provision of this subsection, the commission shall impose
  325  the following additional conditions of mandatory conditional
  326  release supervision:
  327         1. As part of a treatment program, participation in a
  328  minimum of one annual polygraph examination to obtain
  329  information necessary for risk management and treatment and to
  330  reduce the sex offender’s denial mechanisms. The polygraph
  331  examination must be conducted by a polygrapher who is a member
  332  of a national or state polygraph association and who is
  333  certified as a postconviction sex offender polygrapher, where
  334  available, and at the expense of the releasee. The results of
  335  the examination shall be provided to the releasee’s probation
  336  officer and qualified practitioner and may not be used as
  337  evidence in a hearing to prove that a violation of supervision
  338  has occurred.
  339         2. Maintenance of a driving log and a prohibition against
  340  driving a motor vehicle alone without the prior approval of the
  341  supervising officer.
  342         3. A prohibition against obtaining or using a post office
  343  box without the prior approval of the supervising officer.
  344         4. If there was sexual contact, a submission to, at the
  345  releasee’s expense, an HIV test with the results to be released
  346  to the victim or the victim’s parent or guardian.
  347         5. Electronic monitoring of any form when ordered by the
  348  commission. Any person who has been placed under supervision and
  349  is electronically monitored by the department must pay the
  350  department for the cost of the electronic monitoring service at
  351  a rate that may not exceed the full cost of the monitoring
  352  service. Funds collected under this subparagraph shall be
  353  deposited into the General Revenue Fund. The department may
  354  exempt a person from the payment of all or any part of the
  355  electronic monitoring service cost if the department finds that
  356  any of the factors listed in s. 948.09(3) exist.
  357         (8) It is the finding of the Legislature that the
  358  population of offenders released from state prison into the
  359  community who meet the mandatory supervision conditional release
  360  criteria poses the greatest threat to the public safety of the
  361  groups of offenders under community supervision. Therefore, the
  362  Department of Corrections is to provide intensive supervision by
  363  experienced correctional probation officers to mandatory
  364  supervision conditional release offenders. Subject to specific
  365  appropriation by the Legislature, caseloads may be restricted to
  366  a maximum of 40 mandatory supervision conditional release
  367  offenders per officer to provide for enhanced public safety and
  368  to effectively monitor conditions of electronic monitoring or
  369  curfews, if so ordered by the commission.
  370         (9) The commission shall adopt rules pursuant to ss.
  371  120.536(1) and 120.54 necessary to implement the provisions of
  372  the Mandatory Supervision Conditional Release Program Act.
  373         (10) Effective for a releasee whose crime was committed on
  374  or after September 1, 2005, in violation of chapter 794, s.
  375  800.04(4), (5), or (6), s. 827.071, or s. 847.0145, and the
  376  unlawful activity involved a victim who was 15 years of age or
  377  younger and the offender is 18 years of age or older or for a
  378  releasee who is designated as a sexual predator pursuant to s.
  379  775.21, in addition to any other provision of this section, the
  380  commission must order electronic monitoring for the duration of
  381  the releasee’s supervision.
  382         (11) Effective for a releasee whose crime was committed on
  383  or after October 1, 2008, and who has been found to have
  384  committed the crime for the purpose of benefiting, promoting, or
  385  furthering the interests of a criminal gang, the commission
  386  shall, in addition to any other conditions imposed, impose a
  387  condition prohibiting the releasee from knowingly associating
  388  with other criminal gang members or associates, except as
  389  authorized by law enforcement officials, prosecutorial
  390  authorities, or the court, for the purpose of aiding in the
  391  investigation of criminal activity.
  392         (12) In addition to all other conditions imposed, for a
  393  releasee who is subject to mandatory supervision conditional
  394  release for a crime that was committed on or after May 26, 2010,
  395  and who has been convicted at any time of committing, or
  396  attempting, soliciting, or conspiring to commit, any of the
  397  criminal offenses listed in s. 943.0435(1)(a)1.a.(I), or a
  398  similar offense in another jurisdiction against a victim who was
  399  under 18 years of age at the time of the offense, if the
  400  releasee has not received a pardon for any felony or similar law
  401  of another jurisdiction necessary for the operation of this
  402  subsection, if a conviction of a felony or similar law of
  403  another jurisdiction necessary for the operation of this
  404  subsection has not been set aside in any postconviction
  405  proceeding, or if the releasee has not been removed from the
  406  requirement to register as a sexual offender or sexual predator
  407  pursuant to s. 943.04354, the commission must impose the
  408  following conditions:
  409         (a) A prohibition on visiting schools, child care
  410  facilities, parks, and playgrounds without prior approval from
  411  the releasee’s supervising officer. The commission may also
  412  designate additional prohibited locations to protect a victim.
  413  The prohibition ordered under this paragraph does not prohibit
  414  the releasee from visiting a school, child care facility, park,
  415  or playground for the sole purpose of attending a religious
  416  service as defined in s. 775.0861 or picking up or dropping off
  417  the releasee’s child or grandchild at a child care facility or
  418  school.
  419         (b) A prohibition on distributing candy or other items to
  420  children on Halloween; wearing a Santa Claus costume, or other
  421  costume to appeal to children, on or preceding Christmas;
  422  wearing an Easter Bunny costume, or other costume to appeal to
  423  children, on or preceding Easter; entertaining at children’s
  424  parties; or wearing a clown costume without prior approval from
  425  the commission.
  426         (13) If a person who is transferred to the custody of the
  427  Department of Children and Families pursuant to part V of
  428  chapter 394 is subject to mandatory conditional release
  429  supervision, the period of mandatory conditional release
  430  supervision is tolled until such person is no longer in the
  431  custody of the Department of Children and Families. This
  432  subsection applies to all periods of mandatory conditional
  433  release supervision which begin on or after October 1, 2014,
  434  regardless of the date of the underlying offense.
  435         (14) Effective for a releasee whose crime was committed on
  436  or after October 1, 2014, in violation of chapter 794, s.
  437  800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, in addition
  438  to any other provision of this section, the commission must
  439  impose a condition prohibiting the releasee from viewing,
  440  accessing, owning, or possessing any obscene, pornographic, or
  441  sexually stimulating visual or auditory material unless
  442  otherwise indicated in the treatment plan provided by a
  443  qualified practitioner in the sexual offender treatment program.
  444  Visual or auditory material includes, but is not limited to,
  445  telephone, electronic media, computer programs, and computer
  446  services.
  447         Section 3. Section 947.141, Florida Statutes, is amended to
  448  read:
  449         947.141 Violations of mandatory supervision conditional
  450  release, control release, or conditional medical release, or
  451  addiction-recovery supervision.—
  452         (1) If a member of the commission or a duly authorized
  453  representative of the commission has reasonable grounds to
  454  believe that an offender who is on release supervision under s.
  455  947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
  456  the terms and conditions of the release in a material respect,
  457  such member or representative may cause a warrant to be issued
  458  for the arrest of the releasee; if the offender was found to be
  459  a sexual predator, the warrant must be issued.
  460         (2) Upon the arrest on a felony charge of an offender who
  461  is on release supervision under s. 947.1405, s. 947.146, s.
  462  947.149, or s. 944.4731, the offender must be detained without
  463  bond until the initial appearance of the offender at which a
  464  judicial determination of probable cause is made. If the trial
  465  court judge determines that there was no probable cause for the
  466  arrest, the offender may be released. If the trial court judge
  467  determines that there was probable cause for the arrest, such
  468  determination also constitutes reasonable grounds to believe
  469  that the offender violated the conditions of the release. Within
  470  24 hours after the trial court judge’s finding of probable
  471  cause, the detention facility administrator or designee shall
  472  notify the commission and the department of the finding and
  473  transmit to each a facsimile copy of the probable cause
  474  affidavit or the sworn offense report upon which the trial court
  475  judge’s probable cause determination is based. The offender must
  476  continue to be detained without bond for a period not exceeding
  477  72 hours excluding weekends and holidays after the date of the
  478  probable cause determination, pending a decision by the
  479  commission whether to issue a warrant charging the offender with
  480  violation of the conditions of release. Upon the issuance of the
  481  commission’s warrant, the offender must continue to be held in
  482  custody pending a revocation hearing held in accordance with
  483  this section.
  484         (3) Within 45 days after notice to the Florida Commission
  485  on Offender Review of the arrest of a releasee charged with a
  486  violation of the terms and conditions of mandatory supervision
  487  conditional release, control release, conditional medical
  488  release, or addiction-recovery supervision, the releasee must be
  489  afforded a hearing conducted by a commissioner or a duly
  490  authorized representative thereof. If the releasee elects to
  491  proceed with a hearing, the releasee must be informed orally and
  492  in writing of the following:
  493         (a) The alleged violation with which the releasee is
  494  charged.
  495         (b) The releasee’s right to be represented by counsel.
  496         (c) The releasee’s right to be heard in person.
  497         (d) The releasee’s right to secure, present, and compel the
  498  attendance of witnesses relevant to the proceeding.
  499         (e) The releasee’s right to produce documents on the
  500  releasee’s own behalf.
  501         (f) The releasee’s right of access to all evidence used
  502  against the releasee and to confront and cross-examine adverse
  503  witnesses.
  504         (g) The releasee’s right to waive the hearing.
  505         (4) Within a reasonable time following the hearing, the
  506  commissioner or the commissioner’s duly authorized
  507  representative who conducted the hearing shall make findings of
  508  fact in regard to the alleged violation. A panel of no fewer
  509  than two commissioners shall enter an order determining whether
  510  the charge of violation of mandatory supervision conditional
  511  release, control release, conditional medical release, or
  512  addiction-recovery supervision has been sustained based upon the
  513  findings of fact presented by the hearing commissioner or
  514  authorized representative. By such order, the panel may revoke
  515  mandatory supervision conditional release, control release,
  516  conditional medical release, or addiction-recovery supervision
  517  and thereby return the releasee to prison to serve the sentence
  518  imposed, reinstate the original order granting the release, or
  519  enter such other order as it considers proper. Effective for
  520  inmates whose offenses were committed on or after July 1, 1995,
  521  the panel may order the placement of a releasee, upon a finding
  522  of violation pursuant to this subsection, into a local detention
  523  facility as a condition of supervision.
  524         (5) Effective for inmates whose offenses were committed on
  525  or after July 1, 1995, notwithstanding the provisions of ss.
  526  775.08, former 921.001, 921.002, 921.187, 921.188, 944.02, and
  527  951.23, or any other law to the contrary, by such order as
  528  provided in subsection (4), the panel, upon a finding of guilt,
  529  may, as a condition of continued supervision, place the releasee
  530  in a local detention facility for a period of incarceration not
  531  to exceed 22 months. Prior to the expiration of the term of
  532  incarceration, or upon recommendation of the chief correctional
  533  officer of that county, the commission shall cause inquiry into
  534  the inmate’s release plan and custody status in the detention
  535  facility and consider whether to restore the inmate to
  536  supervision, modify the conditions of supervision, or enter an
  537  order of revocation, thereby causing the return of the inmate to
  538  prison to serve the sentence imposed. The provisions of This
  539  section does do not prohibit the panel from entering such other
  540  order or conducting any investigation that it deems proper. The
  541  commission may only place a person in a local detention facility
  542  pursuant to this section only if there is a contractual
  543  agreement between the chief correctional officer of that county
  544  and the Department of Corrections. The agreement must provide
  545  for a per diem reimbursement for each person placed under this
  546  section, which is payable by the Department of Corrections for
  547  the duration of the offender’s placement in the facility. This
  548  section does not limit the commission’s ability to place a
  549  person in a local detention facility for less than 1 year.
  550         (6) Whenever a mandatory supervision conditional release,
  551  control release, conditional medical release, or addiction
  552  recovery supervision is revoked by a panel of no fewer than two
  553  commissioners and the releasee is ordered to be returned to
  554  prison, the releasee, by reason of the misconduct, shall be
  555  deemed to have forfeited all gain-time or commutation of time
  556  for good conduct, as provided for by law, earned up to the date
  557  of release. However, if a conditional medical release is revoked
  558  due to the improved medical or physical condition of the
  559  releasee, the releasee does shall not forfeit gain-time accrued
  560  before the date of conditional medical release. This subsection
  561  does not deprive the prisoner of the right to gain-time or
  562  commutation of time for good conduct, as provided by law, from
  563  the date of return to prison.
  564         (7) If a law enforcement officer has probable cause to
  565  believe that an offender who is on release supervision under s.
  566  947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
  567  the terms and conditions of his or her release by committing a
  568  felony offense, the officer shall arrest the offender without a
  569  warrant, and a warrant need not be issued in the case.
  570         Section 4. Subsection (2) of section 944.291, Florida
  571  Statutes, is amended to read:
  572         944.291 Prisoner released by reason of gain-time allowances
  573  or attainment of provisional release date.—
  574         (2) Any prisoner who meets the criteria specified in is
  575  convicted of a crime committed on or after October 1, 1988,
  576  which crime is contained in category 1, category 2, category 3,
  577  or category 4 of Rule 3.701 and Rule 3.988, Florida Rules of
  578  Criminal Procedure, and who has served at least one prior felony
  579  commitment at a state or federal correctional institution, or is
  580  sentenced as a habitual or violent habitual offender pursuant to
  581  s. 947.1405(2) s. 775.084, may only be released under mandatory
  582  conditional release supervision as described in chapter 947. Not
  583  fewer than 90 days prior to the tentative release date or
  584  provisional release date, whichever is earlier, the department
  585  shall provide the commission with the name and inmate
  586  identification number for each eligible inmate.
  587         Section 5. Paragraph (c) of subsection (5) of section
  588  216.136, Florida Statutes, is amended to read:
  589         216.136 Consensus estimating conferences; duties and
  590  principals.—
  591         (5) CRIMINAL JUSTICE ESTIMATING CONFERENCE.—The Criminal
  592  Justice Estimating Conference shall:
  593         (c) Develop official information relating to the number of
  594  sexual offenders and sexual predators who are required by law to
  595  be placed on community control, probation, or mandatory
  596  supervision conditional release who are subject to electronic
  597  monitoring.
  598         Section 6. Subsection (2) of section 394.926, Florida
  599  Statutes, is amended to read:
  600         394.926 Notice to victims and others of release of persons
  601  in the custody of the department.—
  602         (2) If a person in the custody of the department who has an
  603  active or pending term of probation, community control, parole,
  604  mandatory supervision conditional release, or other court
  605  ordered or postprison release supervision is released, the
  606  department must immediately notify the Department of
  607  Corrections’ Office of Community Corrections in Tallahassee. The
  608  Florida Commission on Offender Review must also be immediately
  609  notified of any releases of a person who has an active or
  610  pending term of parole, mandatory supervision conditional
  611  release, or other postprison release supervision that is
  612  administered by the Florida Commission on Offender Review.
  613         Section 7. Subsection (2) of section 394.927, Florida
  614  Statutes, is amended to read:
  615         394.927 Escape while in lawful custody; notice to victim;
  616  notice to the Department of Corrections and Florida Commission
  617  on Offender Review.—
  618         (2) If a person who is held in custody pursuant to a
  619  finding of probable cause or commitment as a sexually violent
  620  predator escapes while in custody, the department shall
  621  immediately notify the victim in accordance with s. 394.926. The
  622  state attorney that filed the petition for civil commitment of
  623  the escapee must also be immediately notified by the department.
  624  If the escapee has an active or pending term of probation,
  625  community control, parole, mandatory supervision conditional
  626  release, or other court-ordered or postprison release
  627  supervision, the department shall also immediately notify the
  628  Department of Corrections’ Office of Community Corrections in
  629  Tallahassee. The Florida Commission on Offender Review shall
  630  also be immediately notified of an escape if the escapee has an
  631  active or pending term of parole, mandatory supervision
  632  conditional release, or other postprison release supervision
  633  that is administered by the Florida Commission on Offender
  634  Review.
  635         Section 8. Paragraphs (a), (b), and (d) of subsection (1)
  636  of section 775.084, Florida Statutes, are amended to read:
  637         775.084 Violent career criminals; habitual felony offenders
  638  and habitual violent felony offenders; three-time violent felony
  639  offenders; definitions; procedure; enhanced penalties or
  640  mandatory minimum prison terms.—
  641         (1) As used in this act:
  642         (a) “Habitual felony offender” means a defendant for whom
  643  the court may impose an extended term of imprisonment, as
  644  provided in paragraph (4)(a), if it finds that:
  645         1. The defendant has previously been convicted of any
  646  combination of two or more felonies in this state or other
  647  qualified offenses.
  648         2. The felony for which the defendant is to be sentenced
  649  was committed:
  650         a. While the defendant was serving a prison sentence or
  651  other sentence, or court-ordered or lawfully imposed supervision
  652  that is imposed as a result of a prior conviction for a felony
  653  or other qualified offense; or
  654         b. Within 5 years of the date of the conviction of the
  655  defendant’s last prior felony or other qualified offense, or
  656  within 5 years of the defendant’s release from a prison
  657  sentence, probation, community control, control release,
  658  mandatory supervision conditional release, parole or court
  659  ordered or lawfully imposed supervision or other sentence that
  660  is imposed as a result of a prior conviction for a felony or
  661  other qualified offense, whichever is later.
  662         3. The felony for which the defendant is to be sentenced,
  663  and one of the two prior felony convictions, is not a violation
  664  of s. 893.13 relating to the purchase or the possession of a
  665  controlled substance.
  666         4. The defendant has not received a pardon for any felony
  667  or other qualified offense that is necessary for the operation
  668  of this paragraph.
  669         5. A conviction of a felony or other qualified offense
  670  necessary to the operation of this paragraph has not been set
  671  aside in any postconviction proceeding.
  672         (b) “Habitual violent felony offender” means a defendant
  673  for whom the court may impose an extended term of imprisonment,
  674  as provided in paragraph (4)(b), if it finds that:
  675         1. The defendant has previously been convicted of a felony
  676  or an attempt or conspiracy to commit a felony and one or more
  677  of such convictions was for:
  678         a. Arson;
  679         b. Sexual battery;
  680         c. Robbery;
  681         d. Kidnapping;
  682         e. Aggravated child abuse;
  683         f. Aggravated abuse of an elderly person or disabled adult;
  684         g. Aggravated assault with a deadly weapon;
  685         h. Murder;
  686         i. Manslaughter;
  687         j. Aggravated manslaughter of an elderly person or disabled
  688  adult;
  689         k. Aggravated manslaughter of a child;
  690         l. Unlawful throwing, placing, or discharging of a
  691  destructive device or bomb;
  692         m. Armed burglary;
  693         n. Aggravated battery; or
  694         o. Aggravated stalking.
  695         2. The felony for which the defendant is to be sentenced
  696  was committed:
  697         a. While the defendant was serving a prison sentence or
  698  other sentence, or court-ordered or lawfully imposed supervision
  699  that is imposed as a result of a prior conviction for an
  700  enumerated felony; or
  701         b. Within 5 years of the date of the conviction of the last
  702  prior enumerated felony, or within 5 years of the defendant’s
  703  release from a prison sentence, probation, community control,
  704  control release, mandatory supervision conditional release,
  705  parole, or court-ordered or lawfully imposed supervision or
  706  other sentence that is imposed as a result of a prior conviction
  707  for an enumerated felony, whichever is later.
  708         3. The defendant has not received a pardon on the ground of
  709  innocence for any crime that is necessary for the operation of
  710  this paragraph.
  711         4. A conviction of a crime necessary to the operation of
  712  this paragraph has not been set aside in any postconviction
  713  proceeding.
  714         (d) “Violent career criminal” means a defendant for whom
  715  the court must impose imprisonment pursuant to paragraph (4)(d),
  716  if it finds that:
  717         1. The defendant has previously been convicted as an adult
  718  three or more times for an offense in this state or other
  719  qualified offense that is:
  720         a. Any forcible felony, as described in s. 776.08;
  721         b. Aggravated stalking, as described in s. 784.048(3) and
  722  (4);
  723         c. Aggravated child abuse, as described in s. 827.03(2)(a);
  724         d. Aggravated abuse of an elderly person or disabled adult,
  725  as described in s. 825.102(2);
  726         e. Lewd or lascivious battery, lewd or lascivious
  727  molestation, lewd or lascivious conduct, or lewd or lascivious
  728  exhibition, as described in s. 800.04 or s. 847.0135(5);
  729         f. Escape, as described in s. 944.40; or
  730         g. A felony violation of chapter 790 involving the use or
  731  possession of a firearm.
  732         2. The defendant has been incarcerated in a state prison or
  733  a federal prison.
  734         3. The primary felony offense for which the defendant is to
  735  be sentenced is a felony enumerated in subparagraph 1. and was
  736  committed on or after October 1, 1995, and:
  737         a. While the defendant was serving a prison sentence or
  738  other sentence, or court-ordered or lawfully imposed supervision
  739  that is imposed as a result of a prior conviction for an
  740  enumerated felony; or
  741         b. Within 5 years after the conviction of the last prior
  742  enumerated felony, or within 5 years after the defendant’s
  743  release from a prison sentence, probation, community control,
  744  control release, mandatory supervision conditional release,
  745  parole, or court-ordered or lawfully imposed supervision or
  746  other sentence that is imposed as a result of a prior conviction
  747  for an enumerated felony, whichever is later.
  748         4. The defendant has not received a pardon for any felony
  749  or other qualified offense that is necessary for the operation
  750  of this paragraph.
  751         5. A conviction of a felony or other qualified offense
  752  necessary to the operation of this paragraph has not been set
  753  aside in any postconviction proceeding.
  754         Section 9. Section 775.16, Florida Statutes, is amended to
  755  read:
  756         775.16 Drug offenses; additional penalties.—In addition to
  757  any other penalty provided by law, a person who has been
  758  convicted of sale of or trafficking in, or conspiracy to sell or
  759  traffic in, a controlled substance under chapter 893, if such
  760  offense is a felony, or who has been convicted of an offense
  761  under the laws of any state or country which, if committed in
  762  this state, would constitute the felony of selling or
  763  trafficking in, or conspiracy to sell or traffic in, a
  764  controlled substance under chapter 893, is:
  765         (1) Disqualified from applying for employment by any agency
  766  of the state, unless:
  767         (a) The person has completed all sentences of imprisonment
  768  or supervisory sanctions imposed by the court, by the Florida
  769  Commission on Offender Review, or by law; or
  770         (b) The person has complied with the conditions of
  771  subparagraphs 1. and 2. which shall be monitored by the
  772  Department of Corrections while the person is under any
  773  supervisory sanctions. The person under supervision may:
  774         1. Seek evaluation and enrollment in, and once enrolled
  775  maintain enrollment in until completion, a drug treatment and
  776  rehabilitation program which is approved by the Department of
  777  Children and Families, unless it is deemed by the program that
  778  the person does not have a substance abuse problem. The
  779  treatment and rehabilitation program may be specified by:
  780         a. The court, in the case of court-ordered supervisory
  781  sanctions;
  782         b. The Florida Commission on Offender Review, in the case
  783  of parole, control release, or mandatory supervision conditional
  784  release; or
  785         c. The Department of Corrections, in the case of
  786  imprisonment or any other supervision required by law.
  787         2. Submit to periodic urine drug testing pursuant to
  788  procedures prescribed by the Department of Corrections. If the
  789  person is indigent, the costs shall be paid by the Department of
  790  Corrections.
  791         (2) Disqualified from applying for a license, permit, or
  792  certificate required by any agency of the state to practice,
  793  pursue, or engage in any occupation, trade, vocation,
  794  profession, or business, unless:
  795         (a) The person has completed all sentences of imprisonment
  796  or supervisory sanctions imposed by the court, by the Florida
  797  Commission on Offender Review, or by law;
  798         (b) The person has complied with the conditions of
  799  subparagraphs 1. and 2. which shall be monitored by the
  800  Department of Corrections while the person is under any
  801  supervisory sanction. If the person fails to comply with
  802  provisions of these subparagraphs by either failing to maintain
  803  treatment or by testing positive for drug use, the department
  804  shall notify the licensing, permitting, or certifying agency,
  805  which may refuse to reissue or reinstate such license, permit,
  806  or certification. The licensee, permittee, or certificateholder
  807  under supervision may:
  808         1. Seek evaluation and enrollment in, and once enrolled
  809  maintain enrollment in until completion, a drug treatment and
  810  rehabilitation program which is approved or regulated by the
  811  Department of Children and Families, unless it is deemed by the
  812  program that the person does not have a substance abuse problem.
  813  The treatment and rehabilitation program may be specified by:
  814         a. The court, in the case of court-ordered supervisory
  815  sanctions;
  816         b. The Florida Commission on Offender Review, in the case
  817  of parole, control release, or mandatory supervision conditional
  818  release; or
  819         c. The Department of Corrections, in the case of
  820  imprisonment or any other supervision required by law.
  821         2. Submit to periodic urine drug testing pursuant to
  822  procedures prescribed by the Department of Corrections. If the
  823  person is indigent, the costs shall be paid by the Department of
  824  Corrections; or
  825         (c) The person has successfully completed an appropriate
  826  program under the Correctional Education Program.
  827  
  828  The provisions of this section do not apply to any of the taxes,
  829  fees, or permits regulated, controlled, or administered by the
  830  Department of Revenue in accordance with the provisions of s.
  831  213.05.
  832         Section 10. Paragraph (e) of subsection (2) of section
  833  775.21, Florida Statutes, is amended to read:
  834         775.21 The Florida Sexual Predators Act.—
  835         (2) DEFINITIONS.—As used in this section, the term:
  836         (e) “Conviction” means a determination of guilt which is
  837  the result of a trial or the entry of a plea of guilty or nolo
  838  contendere, regardless of whether adjudication is withheld. A
  839  conviction for a similar offense includes, but is not limited
  840  to, a conviction by a federal or military tribunal, including
  841  courts-martial conducted by the Armed Forces of the United
  842  States, and includes a conviction or entry of a plea of guilty
  843  or nolo contendere resulting in a sanction in any state of the
  844  United States or other jurisdiction. A sanction includes, but is
  845  not limited to, a fine, probation, community control, parole,
  846  mandatory supervision conditional release, control release, or
  847  incarceration in a state prison, federal prison, private
  848  correctional facility, or local detention facility.
  849         Section 11. Paragraph (a) of subsection (3) of section
  850  775.261, Florida Statutes, is amended to read:
  851         775.261 The Florida Career Offender Registration Act.—
  852         (3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.—
  853         (a) A career offender released on or after July 1, 2002,
  854  from a sanction imposed in this state must register as required
  855  under subsection (4) and is subject to community and public
  856  notification as provided under subsection (5). For purposes of
  857  this section, a sanction imposed in this state includes, but is
  858  not limited to, a fine, probation, community control, parole,
  859  mandatory supervision conditional release, control release, or
  860  incarceration in a state prison, private correctional facility,
  861  or local detention facility, and:
  862         1. The career offender has not received a pardon for any
  863  felony or other qualified offense that is necessary for the
  864  operation of this paragraph; or
  865         2. A conviction of a felony or other qualified offense
  866  necessary to the operation of this paragraph has not been set
  867  aside in any postconviction proceeding.
  868         Section 12. Section 893.11, Florida Statutes, is amended to
  869  read:
  870         893.11 Suspension, revocation, and reinstatement of
  871  business and professional licenses.—For the purposes of s.
  872  120.60(6), any conviction in any court reported to the
  873  Comprehensive Case Information System of the Florida Association
  874  of Court Clerks and Comptrollers, Inc., for the sale of, or
  875  trafficking in, a controlled substance or for conspiracy to
  876  sell, or traffic in, a controlled substance constitutes an
  877  immediate serious danger to the public health, safety, or
  878  welfare, and is grounds for disciplinary action by the licensing
  879  state agency. A state agency shall initiate an immediate
  880  emergency suspension of an individual professional license
  881  issued by the agency, in compliance with the procedures for
  882  summary suspensions in s. 120.60(6), upon the agency’s findings
  883  of the licensee’s conviction in any court reported to the
  884  Comprehensive Case Information System of the Florida Association
  885  of Court Clerks and Comptrollers, Inc., for the sale of, or
  886  trafficking in, a controlled substance, or for conspiracy to
  887  sell, or traffic in, a controlled substance. Before renewing any
  888  professional license, a state agency that issues a professional
  889  license must use the Comprehensive Case Information System of
  890  the Florida Association of Court Clerks and Comptrollers, Inc.,
  891  to obtain information relating to any conviction for the sale
  892  of, or trafficking in, a controlled substance or for conspiracy
  893  to sell, or traffic in, a controlled substance. The clerk of
  894  court shall provide electronic access to each state agency at no
  895  cost and also provide certified copies of the judgment upon
  896  request to the agency. Upon a showing by any such convicted
  897  defendant whose professional license has been suspended or
  898  revoked pursuant to this section that his or her civil rights
  899  have been restored or upon a showing that the convicted
  900  defendant meets the following criteria, the agency head may
  901  reinstate or reactivate such license when:
  902         (1) The person has complied with the conditions of
  903  paragraphs (a) and (b) which shall be monitored by the
  904  Department of Corrections while the person is under any
  905  supervisory sanction. If the person fails to comply with
  906  provisions of these paragraphs by either failing to maintain
  907  treatment or by testing positive for drug use, the department
  908  shall notify the licensing agency, which shall revoke the
  909  license. The person under supervision may:
  910         (a) Seek evaluation and enrollment in, and once enrolled
  911  maintain enrollment in until completion, a drug treatment and
  912  rehabilitation program which is approved or regulated by the
  913  Department of Children and Families. The treatment and
  914  rehabilitation program shall be specified by:
  915         1. The court, in the case of court-ordered supervisory
  916  sanctions;
  917         2. The Florida Commission on Offender Review, in the case
  918  of parole, control release, or mandatory supervision conditional
  919  release; or
  920         3. The Department of Corrections, in the case of
  921  imprisonment or any other supervision required by law.
  922         (b) Submit to periodic urine drug testing pursuant to
  923  procedures prescribed by the Department of Corrections. If the
  924  person is indigent, the costs shall be paid by the Department of
  925  Corrections; or
  926         (2) The person has successfully completed an appropriate
  927  program under the Correctional Education Program.
  928         (3) As used in this section, the term “professional
  929  license” includes any license, permit, or certificate that
  930  authorizes a person to practice his or her profession. However,
  931  the term does not include any of the taxes, fees, or permits
  932  regulated, controlled, or administered by the Department of
  933  Revenue in accordance with s. 213.05.
  934         Section 13. Paragraphs (a) and (b) of subsection (1) of
  935  section 943.0435, Florida Statutes, are amended to read:
  936         943.0435 Sexual offenders required to register with the
  937  department; penalty.—
  938         (1) As used in this section, the term:
  939         (a)1. “Sexual offender” means a person who meets the
  940  criteria in sub-subparagraph a., sub-subparagraph b., sub
  941  subparagraph c., or sub-subparagraph d., as follows:
  942         a.(I) Has been convicted of committing, or attempting,
  943  soliciting, or conspiring to commit, any of the criminal
  944  offenses proscribed in the following statutes in this state or
  945  similar offenses in another jurisdiction: s. 393.135(2); s.
  946  394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
  947  the victim is a minor and the defendant is not the victim’s
  948  parent or guardian; s. 787.06(3)(b), (d), (f), or (g); former s.
  949  787.06(3)(h); s. 794.011, excluding s. 794.011(10); s. 794.05;
  950  former s. 796.03; former s. 796.035; s. 800.04; s. 810.145(8);
  951  s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
  952  847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s.
  953  916.1075(2); or s. 985.701(1); or any similar offense committed
  954  in this state which has been redesignated from a former statute
  955  number to one of those listed in this sub-sub-subparagraph; and
  956         (II) Has been released on or after October 1, 1997, from
  957  the sanction imposed for any conviction of an offense described
  958  in sub-sub-subparagraph (I). For purposes of sub-sub
  959  subparagraph (I), a sanction imposed in this state or in any
  960  other jurisdiction includes, but is not limited to, a fine,
  961  probation, community control, parole, mandatory supervision
  962  conditional release, control release, or incarceration in a
  963  state prison, federal prison, private correctional facility, or
  964  local detention facility;
  965         b. Establishes or maintains a residence in this state and
  966  who has not been designated as a sexual predator by a court of
  967  this state but who has been designated as a sexual predator, as
  968  a sexually violent predator, or by another sexual offender
  969  designation in another state or jurisdiction and was, as a
  970  result of such designation, subjected to registration or
  971  community or public notification, or both, or would be if the
  972  person were a resident of that state or jurisdiction, without
  973  regard to whether the person otherwise meets the criteria for
  974  registration as a sexual offender;
  975         c. Establishes or maintains a residence in this state who
  976  is in the custody or control of, or under the supervision of,
  977  any other state or jurisdiction as a result of a conviction for
  978  committing, or attempting, soliciting, or conspiring to commit,
  979  any of the criminal offenses proscribed in the following
  980  statutes or similar offense in another jurisdiction: s.
  981  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  982  787.025(2)(c), where the victim is a minor and the defendant is
  983  not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
  984  or (g); former s. 787.06(3)(h); s. 794.011, excluding s.
  985  794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s.
  986  800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s.
  987  847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
  988  847.0145; s. 916.1075(2); or s. 985.701(1); or any similar
  989  offense committed in this state which has been redesignated from
  990  a former statute number to one of those listed in this sub
  991  subparagraph; or
  992         d. On or after July 1, 2007, has been adjudicated
  993  delinquent for committing, or attempting, soliciting, or
  994  conspiring to commit, any of the criminal offenses proscribed in
  995  the following statutes in this state or similar offenses in
  996  another jurisdiction when the juvenile was 14 years of age or
  997  older at the time of the offense:
  998         (I) Section 794.011, excluding s. 794.011(10);
  999         (II) Section 800.04(4)(a)2. where the victim is under 12
 1000  years of age or where the court finds sexual activity by the use
 1001  of force or coercion;
 1002         (III) Section 800.04(5)(c)1. where the court finds
 1003  molestation involving unclothed genitals; or
 1004         (IV) Section 800.04(5)(d) where the court finds the use of
 1005  force or coercion and unclothed genitals.
 1006         2. For all qualifying offenses listed in sub-subparagraph
 1007  (1)(a)1.d., the court shall make a written finding of the age of
 1008  the offender at the time of the offense.
 1009  
 1010  For each violation of a qualifying offense listed in this
 1011  subsection, except for a violation of s. 794.011, the court
 1012  shall make a written finding of the age of the victim at the
 1013  time of the offense. For a violation of s. 800.04(4), the court
 1014  shall also make a written finding indicating whether the offense
 1015  involved sexual activity and indicating whether the offense
 1016  involved force or coercion. For a violation of s. 800.04(5), the
 1017  court shall also make a written finding that the offense did or
 1018  did not involve unclothed genitals or genital area and that the
 1019  offense did or did not involve the use of force or coercion.
 1020         (b) “Convicted” means that there has been a determination
 1021  of guilt as a result of a trial or the entry of a plea of guilty
 1022  or nolo contendere, regardless of whether adjudication is
 1023  withheld, and includes an adjudication of delinquency of a
 1024  juvenile as specified in this section. Conviction of a similar
 1025  offense includes, but is not limited to, a conviction by a
 1026  federal or military tribunal, including courts-martial conducted
 1027  by the Armed Forces of the United States, and includes a
 1028  conviction or entry of a plea of guilty or nolo contendere
 1029  resulting in a sanction in any state of the United States or
 1030  other jurisdiction. A sanction includes, but is not limited to,
 1031  a fine, probation, community control, parole, mandatory
 1032  supervision conditional release, control release, or
 1033  incarceration in a state prison, federal prison, private
 1034  correctional facility, or local detention facility.
 1035         Section 14. Paragraph (a) of subsection (7) of section
 1036  943.325, Florida Statutes, is amended to read:
 1037         943.325 DNA database.—
 1038         (7) COLLECTION OF DNA SAMPLES FROM OFFENDERS.—
 1039         (a) Any qualifying offender, who is:
 1040         1. Arrested in this state;
 1041         2. Incarcerated in this state; or
 1042         3. On probation, community control, parole, mandatory
 1043  supervision conditional release, control release, or any other
 1044  type of court-ordered supervision in this state,
 1045  
 1046  shall be required to submit a DNA sample to a department
 1047  designated facility.
 1048         Section 15. Paragraph (a) of subsection (2) of section
 1049  944.171, Florida Statutes, is amended to read:
 1050         944.171 Housing of inmates.—
 1051         (2) Notwithstanding s. 944.17, the department may enter
 1052  into contracts with another state, a political subdivision of
 1053  another state, or a correctional management services vendor in
 1054  another state for the transfer and confinement in that state of
 1055  inmates who have been committed to the custody of the
 1056  department.
 1057         (a) Any such contract must include:
 1058         1. A termination date.
 1059         2. Provisions concerning the costs of inmate maintenance,
 1060  extraordinary medical and dental expenses, and any participation
 1061  in or receipt by inmates of rehabilitative or correctional
 1062  services, facilities, programs, or treatment, including those
 1063  costs not reasonably included as part of normal maintenance.
 1064         3. Provisions concerning participation in programs of
 1065  inmate employment, if any, the disposition or crediting of any
 1066  payments received by inmates on account of employment, and the
 1067  crediting of proceeds or disposal of any products resulting from
 1068  employment.
 1069         4. Provisions for the delivery and retaking of inmates.
 1070         5. A provision for a waiver of extradition by the parties
 1071  to the contract.
 1072         6. Retention of jurisdiction of the inmates transferred by
 1073  Florida.
 1074         7. Regular reporting procedures concerning Florida inmates
 1075  by officials of the state, political subdivision, or
 1076  correctional management services vendor with which the
 1077  department is contracting.
 1078         8. Provisions concerning procedures for community
 1079  supervision, including probation, parole, mandatory supervision
 1080  conditional release, and discharge.
 1081         9. The same standards of reasonable and humane care as the
 1082  inmates would receive in an appropriate institution in this
 1083  state.
 1084         10. Any other matters that are necessary and appropriate to
 1085  establish the obligations, responsibilities, and rights of
 1086  Florida and the state, political subdivision, or correctional
 1087  management services vendor with which the department is
 1088  contracting.
 1089         Section 16. Subsection (1) of section 944.28, Florida
 1090  Statutes, is amended to read:
 1091         944.28 Forfeiture of gain-time and the right to earn gain
 1092  time in the future.—
 1093         (1) If a prisoner is convicted of escape, or if the
 1094  clemency, mandatory supervision conditional release as described
 1095  in chapter 947, probation or community control as described in
 1096  chapter 948, provisional release as described in former s.
 1097  944.277, parole, or control release as described in s. 947.146
 1098  granted to the prisoner is revoked, the department may, without
 1099  notice or hearing, declare a forfeiture of all gain-time earned
 1100  according to the provisions of law by such prisoner prior to
 1101  such escape or his or her release under such clemency, mandatory
 1102  supervision conditional release, probation, community control,
 1103  provisional release, control release, or parole.
 1104         Section 17. Paragraph (a) of subsection (1) of section
 1105  944.606, Florida Statutes, is amended to read:
 1106         944.606 Sexual offenders; notification upon release.—
 1107         (1) As used in this section:
 1108         (a) “Convicted” means there has been a determination of
 1109  guilt as a result of a trial or the entry of a plea of guilty or
 1110  nolo contendere, regardless of whether adjudication is withheld.
 1111  A conviction for a similar offense includes, but is not limited
 1112  to, a conviction by a federal or military tribunal, including
 1113  courts-martial conducted by the Armed Forces of the United
 1114  States, and includes a conviction or entry of a plea of guilty
 1115  or nolo contendere resulting in a sanction in any state of the
 1116  United States or other jurisdiction. A sanction includes, but is
 1117  not limited to, a fine; probation; community control; parole;
 1118  mandatory supervision conditional release; control release; or
 1119  incarceration in a state prison, federal prison, private
 1120  correctional facility, or local detention facility.
 1121         Section 18. Paragraph (c) of subsection (1) and subsection
 1122  (6) of section 944.607, Florida Statutes, are amended to read:
 1123         944.607 Notification to Department of Law Enforcement of
 1124  information on sexual offenders.—
 1125         (1) As used in this section, the term:
 1126         (c) “Conviction” means a determination of guilt which is
 1127  the result of a trial or the entry of a plea of guilty or nolo
 1128  contendere, regardless of whether adjudication is withheld.
 1129  Conviction of a similar offense includes, but is not limited to,
 1130  a conviction by a federal or military tribunal, including
 1131  courts-martial conducted by the Armed Forces of the United
 1132  States, and includes a conviction or entry of a plea of guilty
 1133  or nolo contendere resulting in a sanction in any state of the
 1134  United States or other jurisdiction. A sanction includes, but is
 1135  not limited to, a fine; probation; community control; parole;
 1136  mandatory supervision conditional release; control release; or
 1137  incarceration in a state prison, federal prison, private
 1138  correctional facility, or local detention facility.
 1139         (6) The information provided to the Department of Law
 1140  Enforcement must include:
 1141         (a) The information obtained from the sexual offender under
 1142  subsection (4);
 1143         (b) The sexual offender’s most current address, place of
 1144  permanent, temporary, or transient residence within the state or
 1145  out of state, and address, location or description, and dates of
 1146  any current or known future temporary residence within the state
 1147  or out of state, while the sexual offender is under supervision
 1148  in this state, including the name of the county or municipality
 1149  in which the offender permanently or temporarily resides, or has
 1150  a transient residence, and address, location or description, and
 1151  dates of any current or known future temporary residence within
 1152  the state or out of state, and, if known, the intended place of
 1153  permanent, temporary, or transient residence, and address,
 1154  location or description, and dates of any current or known
 1155  future temporary residence within the state or out of state upon
 1156  satisfaction of all sanctions;
 1157         (c) The legal status of the sexual offender and the
 1158  scheduled termination date of that legal status;
 1159         (d) The location of, and local telephone number for, any
 1160  Department of Corrections’ office that is responsible for
 1161  supervising the sexual offender;
 1162         (e) An indication of whether the victim of the offense that
 1163  resulted in the offender’s status as a sexual offender was a
 1164  minor;
 1165         (f) The offense or offenses at conviction which resulted in
 1166  the determination of the offender’s status as a sex offender;
 1167  and
 1168         (g) A digitized photograph of the sexual offender which
 1169  must have been taken within 60 days before the offender is
 1170  released from the custody of the department or a private
 1171  correctional facility by expiration of sentence under s. 944.275
 1172  or must have been taken by January 1, 1998, or within 60 days
 1173  after the onset of the department’s supervision of any sexual
 1174  offender who is on probation, community control, mandatory
 1175  supervision conditional release, parole, provisional release, or
 1176  control release or who is supervised by the department under the
 1177  Interstate Compact Agreement for Probationers and Parolees. If
 1178  the sexual offender is in the custody of a private correctional
 1179  facility, the facility shall take a digitized photograph of the
 1180  sexual offender within the time period provided in this
 1181  paragraph and shall provide the photograph to the department.
 1182  
 1183  If any information provided by the department changes during the
 1184  time the sexual offender is under the department’s control,
 1185  custody, or supervision, including any change in the offender’s
 1186  name by reason of marriage or other legal process, the
 1187  department shall, in a timely manner, update the information and
 1188  provide it to the Department of Law Enforcement in the manner
 1189  prescribed in subsection (2).
 1190         Section 19. Subsection (5) of section 944.608, Florida
 1191  Statutes, is amended to read:
 1192         944.608 Notification to Department of Law Enforcement of
 1193  information on career offenders.—
 1194         (5) The information provided to the Department of Law
 1195  Enforcement must include:
 1196         (a) The information obtained from the career offender under
 1197  subsection (3);
 1198         (b) The career offender’s most current address and place of
 1199  permanent and temporary residence within the state or out of
 1200  state while the career offender is under supervision in this
 1201  state, including the name of the county or municipality in which
 1202  the career offender permanently or temporarily resides and, if
 1203  known, the intended place of permanent or temporary residence
 1204  upon satisfaction of all sanctions;
 1205         (c) The legal status of the career offender and the
 1206  scheduled termination date of that legal status;
 1207         (d) The location of, and local telephone number for, any
 1208  Department of Corrections’ office that is responsible for
 1209  supervising the career offender; and
 1210         (e) A digitized photograph of the career offender, which
 1211  must have been taken within 60 days before the career offender
 1212  is released from the custody of the department or a private
 1213  correctional facility or within 60 days after the onset of the
 1214  department’s supervision of any career offender who is on
 1215  probation, community control, mandatory supervision conditional
 1216  release, parole, provisional release, or control release. If the
 1217  career offender is in the custody or control of, or under the
 1218  supervision of, a private correctional facility, the facility
 1219  shall take a digitized photograph of the career offender within
 1220  the time period provided in this paragraph and shall provide the
 1221  photograph to the department.
 1222         Section 20. Subsection (1) of section 944.70, Florida
 1223  Statutes, is amended to read:
 1224         944.70 Conditions for release from incarceration.—
 1225         (1)(a) A person who is convicted of a crime committed on or
 1226  after October 1, 1983, but before January 1, 1994, may be
 1227  released from incarceration only:
 1228         1. Upon expiration of the person’s sentence;
 1229         2. Upon expiration of the person’s sentence as reduced by
 1230  accumulated gain-time;
 1231         3. As directed by an executive order granting clemency;
 1232         4. Upon attaining the provisional release date;
 1233         5. Upon placement in a mandatory supervision conditional
 1234  release program pursuant to s. 947.1405; or
 1235         6. Upon the granting of control release pursuant to s.
 1236  947.146.
 1237         (b) A person who is convicted of a crime committed on or
 1238  after January 1, 1994, may be released from incarceration only:
 1239         1. Upon expiration of the person’s sentence;
 1240         2. Upon expiration of the person’s sentence as reduced by
 1241  accumulated meritorious or incentive gain-time;
 1242         3. As directed by an executive order granting clemency;
 1243         4. Upon placement in a mandatory supervision conditional
 1244  release program pursuant to s. 947.1405 or a conditional medical
 1245  release program pursuant to s. 947.149; or
 1246         5. Upon the granting of control release, including
 1247  emergency control release, pursuant to s. 947.146.
 1248         Section 21. Section 945.36, Florida Statutes, is amended to
 1249  read:
 1250         945.36 Exemption from health testing regulations for law
 1251  enforcement personnel conducting drug tests on inmates and
 1252  releasees.—
 1253         (1) Any law enforcement officer, state or county probation
 1254  officer, or employee of the Department of Corrections, who is
 1255  certified by the Department of Corrections pursuant to
 1256  subsection (2), is exempt from part I of chapter 483, for the
 1257  limited purpose of administering a urine screen drug test to:
 1258         (a) Persons during incarceration;
 1259         (b) Persons released as a condition of probation for either
 1260  a felony or misdemeanor;
 1261         (c) Persons released as a condition of community control;
 1262         (d) Persons released as a condition of mandatory
 1263  supervision conditional release;
 1264         (e) Persons released as a condition of parole;
 1265         (f) Persons released as a condition of provisional release;
 1266         (g) Persons released as a condition of pretrial release; or
 1267         (h) Persons released as a condition of control release.
 1268         (2) The Department of Corrections shall develop a procedure
 1269  for certification of any law enforcement officer, state or
 1270  county probation officer, or employee of the Department of
 1271  Corrections to perform a urine screen drug test on the persons
 1272  specified in subsection (1).
 1273         Section 22. Subsection (2) of section 947.071, Florida
 1274  Statutes, is amended to read:
 1275         947.071 Rulemaking procedures; indexing of orders.—
 1276         (2) The only final orders of the commission which must
 1277  shall be indexed pursuant to chapter 120 are:
 1278         (a) Orders granting parole.
 1279         (b) Orders revoking parole.
 1280         (c) Orders restoring to supervision.
 1281         (d) Orders releasing from custody and further supervision.
 1282         (e) Early parole termination orders.
 1283         (f) Orders granting mandatory supervision conditional
 1284  release.
 1285         (g) Orders revoking mandatory supervision conditional
 1286  release.
 1287         Section 23. Paragraph (f) of subsection (1) of section
 1288  947.13, Florida Statutes, is amended to read:
 1289         947.13 Powers and duties of commission.—
 1290         (1) The commission shall have the powers and perform the
 1291  duties of:
 1292         (f) Establishing the terms and conditions of persons
 1293  released on mandatory supervision conditional release under s.
 1294  947.1405, and determining subsequent ineligibility for mandatory
 1295  supervision conditional release due to a violation of the terms
 1296  or conditions of mandatory supervision conditional release and
 1297  taking action with respect to such a violation.
 1298         Section 24. Subsection (2) of section 947.22, Florida
 1299  Statutes, is amended to read:
 1300         947.22 Authority to arrest parole violators with or without
 1301  warrant.—
 1302         (2) Any parole and probation officer, if she or he has
 1303  reasonable ground to believe that a parolee, control releasee,
 1304  or mandatory supervision conditional releasee has violated the
 1305  terms and conditions of her or his parole, control release, or
 1306  mandatory supervision conditional release in a material respect,
 1307  has the right to arrest the releasee or parolee without warrant
 1308  and bring her or him forthwith before one or more commissioners
 1309  or a duly authorized representative of the Florida Commission on
 1310  Offender Review or Control Release Authority; and proceedings
 1311  shall thereupon be had as provided herein when a warrant has
 1312  been issued by a member of the commission or authority or a duly
 1313  authorized representative of the commission or authority.
 1314         Section 25. Subsections (1) and (2) of section 947.24,
 1315  Florida Statutes, are amended to read:
 1316         947.24 Discharge from parole supervision or release
 1317  supervision.—
 1318         (1) When a person is placed on parole, control release, or
 1319  mandatory supervision conditional release, the commission shall
 1320  determine the period of time the person will be under parole
 1321  supervision or release supervision in the following manner:
 1322         (a) If the person is being paroled or released under
 1323  supervision from a single or concurrent sentence, the period of
 1324  time the person will be under parole supervision or release
 1325  supervision may not exceed 2 years unless the commission
 1326  designates a longer period of time, in which case it must advise
 1327  the parolee or releasee in writing of the reasons for the
 1328  extended period. In any event, the period of parole supervision
 1329  or release supervision may not exceed the maximum period for
 1330  which the person has been sentenced.
 1331         (b) If the person is being paroled or released under
 1332  supervision from a consecutive sentence or sentences, the period
 1333  of time the person will be under parole supervision or release
 1334  supervision will be for the maximum period for which the person
 1335  was sentenced.
 1336         (2) The commission shall review the progress of each person
 1337  who has been placed on parole, control release, or mandatory
 1338  supervision conditional release after 2 years of supervision in
 1339  the community and biennially thereafter. The department shall
 1340  provide to the commission the information necessary to conduct
 1341  such a review. Such review must include consideration of whether
 1342  to modify the reporting schedule, thereby authorizing the person
 1343  under parole supervision or release supervision to submit
 1344  reports quarterly, semiannually, or annually. The commission,
 1345  after having retained jurisdiction of a person for a sufficient
 1346  length of time to evidence satisfactory rehabilitation and
 1347  cooperation, may further modify the terms and conditions of the
 1348  person’s parole, control release, or mandatory supervision
 1349  conditional release, may discharge the person from parole
 1350  supervision or release supervision, may relieve the person from
 1351  making further reports, or may permit the person to leave the
 1352  state or country, upon finding that such action is in the best
 1353  interests of the person and society.
 1354         Section 26. Paragraph (a) of subsection (1) and subsection
 1355  (3) of section 948.09, Florida Statutes, are amended to read:
 1356         948.09 Payment for cost of supervision and rehabilitation.—
 1357         (1)(a)1. Any person ordered by the court, the Department of
 1358  Corrections, or the Florida Commission on Offender Review to be
 1359  placed on probation, drug offender probation, community control,
 1360  parole, control release, provisional release supervision,
 1361  addiction-recovery supervision, or mandatory conditional release
 1362  supervision under this chapter, chapter 944, chapter 945,
 1363  chapter 947, or chapter 958, or in a pretrial intervention
 1364  program, must, as a condition of any placement, pay the
 1365  department a total sum of money equal to the total month or
 1366  portion of a month of supervision times the court-ordered
 1367  amount, but not to exceed the actual per diem cost of the
 1368  supervision. The department shall adopt rules by which an
 1369  offender who pays in full and in advance of regular termination
 1370  of supervision may receive a reduction in the amount due. The
 1371  rules shall incorporate provisions by which the offender’s
 1372  ability to pay is linked to an established written payment plan.
 1373  Funds collected from felony offenders may be used to offset
 1374  costs of the Department of Corrections associated with community
 1375  supervision programs, subject to appropriation by the
 1376  Legislature.
 1377         2. In addition to any other contribution or surcharge
 1378  imposed by this section, each felony offender assessed under
 1379  this paragraph shall pay a $2-per-month surcharge to the
 1380  department. The surcharge shall be deemed to be paid only after
 1381  the full amount of any monthly payment required by the
 1382  established written payment plan has been collected by the
 1383  department. These funds shall be used by the department to pay
 1384  for correctional probation officers’ training and equipment,
 1385  including radios, and firearms training, firearms, and attendant
 1386  equipment necessary to train and equip officers who choose to
 1387  carry a concealed firearm while on duty. This subparagraph does
 1388  not limit the department’s authority to determine who shall be
 1389  authorized to carry a concealed firearm while on duty, or limit
 1390  the right of a correctional probation officer to carry a
 1391  personal firearm approved by the department.
 1392         (3) Any failure to pay contribution as required under this
 1393  section may constitute a ground for the revocation of probation
 1394  by the court, the revocation of parole or mandatory supervision
 1395  conditional release by the Florida Commission on Offender
 1396  Review, the revocation of control release by the Control Release
 1397  Authority, or removal from the pretrial intervention program by
 1398  the state attorney. The Department of Corrections may exempt a
 1399  person from the payment of all or any part of the contribution
 1400  if it finds any of the following factors to exist:
 1401         (a) The offender has diligently attempted, but has been
 1402  unable, to obtain employment which provides him or her
 1403  sufficient income to make such payments.
 1404         (b) The offender is a student in a school, college,
 1405  university, or course of career training designed to fit the
 1406  student for gainful employment. Certification of such student
 1407  status shall be supplied to the Secretary of Corrections by the
 1408  educational institution in which the offender is enrolled.
 1409         (c) The offender has an employment handicap, as determined
 1410  by a physical, psychological, or psychiatric examination
 1411  acceptable to, or ordered by, the secretary.
 1412         (d) The offender’s age prevents him or her from obtaining
 1413  employment.
 1414         (e) The offender is responsible for the support of
 1415  dependents, and the payment of such contribution constitutes an
 1416  undue hardship on the offender.
 1417         (f) The offender has been transferred outside the state
 1418  under an interstate compact adopted pursuant to chapter 949.
 1419         (g) There are other extenuating circumstances, as
 1420  determined by the secretary.
 1421         Section 27. Section 948.32, Florida Statutes, is amended to
 1422  read:
 1423         948.32 Requirements of law enforcement agency upon arrest
 1424  of persons for certain sex offenses.—
 1425         (1) When any state or local law enforcement agency
 1426  investigates or arrests a person for committing, or attempting,
 1427  soliciting, or conspiring to commit, a violation of s.
 1428  787.025(2)(c), s. 787.06(3)(g), chapter 794, former s. 796.03,
 1429  s. 800.04, s. 827.071, s. 847.0133, s. 847.0135, or s. 847.0145,
 1430  the law enforcement agency shall contact the Department of
 1431  Corrections to verify whether the person under investigation or
 1432  under arrest is on probation, community control, parole,
 1433  mandatory supervision conditional release, or control release.
 1434         (2) If the law enforcement agency finds that the person
 1435  under investigation or under arrest is on probation, community
 1436  control, parole, mandatory supervision conditional release, or
 1437  control release, the law enforcement agency shall immediately
 1438  notify the person’s probation officer or release supervisor of
 1439  the investigation or the arrest.
 1440         Section 28. Subsection (6) of section 957.06, Florida
 1441  Statutes, is amended to read:
 1442         957.06 Powers and duties not delegable to contractor.—A
 1443  contract entered into under this chapter does not authorize,
 1444  allow, or imply a delegation of authority to the contractor to:
 1445         (6) Make recommendations to the Florida Commission on
 1446  Offender Review with respect to the denial or granting of
 1447  parole, control release, mandatory supervision conditional
 1448  release, or conditional medical release. However, the contractor
 1449  may submit written reports to the Florida Commission on Offender
 1450  Review and must respond to a written request by the Florida
 1451  Commission on Offender Review for information.
 1452         Section 29. The Conditional Release Program Act, ss.
 1453  947.1405 and 947.141, Florida Statutes, which is renamed by the
 1454  amendments made by this act to s. 947.1405(1), Florida Statutes,
 1455  is continued as the Mandatory Supervision Program Act.
 1456         Section 30. This act shall take effect October 1, 2015.