Florida Senate - 2013                                     SB 540
       
       
       
       By Senator Dean
       
       
       
       
       5-00116-13                                             2013540__
    1                        A bill to be entitled                      
    2         An act relating to mandatory supervision of specified
    3         offenders by the Department of Corrections; providing
    4         legislative findings; amending s. 944.291, F.S.;
    5         requiring that persons convicted on or after a
    6         specified date of crimes in specified categories be
    7         released only under mandatory supervision; amending s.
    8         947.1405, F.S.; renaming the conditional release
    9         program as the “mandatory supervision program”;
   10         amending ss. 20.316, 216.136, 394.926, 394.927,
   11         775.084, 775.16, 775.21, 775.261, 893.11, 943.0435,
   12         943.325, 944.171, 944.28, 944.606, 944.607, 944.608,
   13         944.70, 945.36, 947.071, 947.13, 947.141, 947.16,
   14         947.22, 947.24, 948.09, 948.32, and 957.06, F.S.;
   15         revising provisions to conform to changes made by the
   16         act; providing an effective date.
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Legislative findings.The Legislature finds that
   21  an offender convicted of violent offenses and sentenced to
   22  incarceration is at a higher risk of continuing to perpetrate
   23  crimes after his or her release. The Legislature further finds
   24  that intensive postrelease supervision may assist these
   25  offenders in successfully transitioning from the prison system
   26  back into the community, reducing the rate of recidivism.
   27         Section 2. Section 944.291, Florida Statutes, is amended to
   28  read:
   29         944.291 Prisoner released by reason of gain-time allowances
   30  or attainment of provisional release date.—
   31         (1) Notwithstanding any other provision of law to the
   32  contrary, a prisoner who has served his or her term or terms,
   33  less allowable gain-time deductions as provided by law, or who
   34  has attained his or her provisional release date shall, upon
   35  release, be placed under further supervision and control of the
   36  department. A Any released prisoner who is not under further
   37  supervision and control of the department or who is not subject
   38  to any statute relating to parole is shall be eligible, on a
   39  voluntary basis, for any assistance available to him or her
   40  through any parole or probation office under the department.
   41         (2) A Any prisoner who is convicted of a crime committed on
   42  or after October 1, 1988, which crime is contained in category
   43  1, category 2, category 3, or category 4 of Rule 3.701 and Rule
   44  3.988, Florida Rules of Criminal Procedure, and who has served
   45  at least one prior felony commitment at a state or federal
   46  correctional institution, or is sentenced as a habitual or
   47  violent habitual offender pursuant to s. 775.084, or is
   48  convicted of a crime committed on or after October 1, 2013,
   49  which crime is or was contained in category 1, category 2,
   50  category 3, or category 4 of Rule 3.701 and Rule 3.988, Florida
   51  Rules of Criminal Procedure (1993), may only be released only
   52  under mandatory conditional release supervision as described in
   53  chapter 947. At least Not fewer than 90 days before prior to the
   54  tentative release date or provisional release date, whichever is
   55  earlier, the department shall provide the commission with the
   56  name and inmate identification number for each eligible inmate.
   57         Section 3. Section 947.1405, Florida Statutes, is amended
   58  to read:
   59         947.1405 Mandatory supervision Conditional release
   60  program.—
   61         (1) This section and s. 947.141 may be cited as the
   62  “Mandatory Supervision Conditional Release Program Act.”
   63         (2) An Any inmate who:
   64         (a) Is convicted of a crime committed on or after October
   65  1, 1988, and before January 1, 1994, and any inmate who is
   66  convicted of a crime committed on or after January 1, 1994,
   67  which crime is or was contained in category 1, category 2,
   68  category 3, or category 4 of Rule 3.701 and Rule 3.988, Florida
   69  Rules of Criminal Procedure (1993), and who has served at least
   70  one prior felony commitment at a state or federal correctional
   71  institution;
   72         (b) Is sentenced as a habitual or violent habitual offender
   73  or a violent career criminal pursuant to s. 775.084; or
   74         (c) Is found to be a sexual predator under s. 775.21 or
   75  former s. 775.23; or,
   76         (d) Is convicted of a crime committed on or after October
   77  1, 2013, which crime is or was contained in category 1, category
   78  2, category 3, or category 4 of Rule 3.701 and Rule 3.988,
   79  Florida Rules of Criminal Procedure (1993),
   80  
   81  shall, upon reaching the tentative release date or provisional
   82  release date, whichever is earlier, as established by the
   83  Department of Corrections, be released under supervision subject
   84  to specified terms and conditions, including payment of the cost
   85  of supervision pursuant to s. 948.09. Such supervision is shall
   86  be applicable to all sentences within the overall term of
   87  sentences if an inmate’s overall term of sentences includes one
   88  or more sentences that are eligible for mandatory conditional
   89  release supervision as provided herein. Effective July 1, 1994,
   90  and applicable for offenses committed on or after that date, the
   91  commission may require, as a condition of mandatory supervision
   92  conditional release, that the releasee make payment of the debt
   93  due and owing to a county or municipal detention facility under
   94  s. 951.032 for medical care, treatment, hospitalization, or
   95  transportation received by the releasee while in that detention
   96  facility. The commission, in determining whether to order such
   97  repayment and the amount of such repayment, shall consider the
   98  amount of the debt, whether there was any fault of the
   99  institution for the medical expenses incurred, the financial
  100  resources of the releasee, the present and potential future
  101  financial needs and earning ability of the releasee, and
  102  dependents, and other appropriate factors. If an any inmate
  103  placed on mandatory conditional release supervision is also
  104  subject to probation or community control, resulting from a
  105  probationary or community control split sentence within the
  106  overall term of sentences, the Department of Corrections shall
  107  supervise such person according to the conditions imposed by the
  108  court and the commission shall defer to such supervision. If the
  109  court revokes probation or community control and resentences the
  110  offender to a term of incarceration, such revocation also
  111  constitutes a sufficient basis for the revocation of the
  112  mandatory conditional release supervision on any nonprobationary
  113  or noncommunity control sentence without further hearing by the
  114  commission. If any such supervision on any nonprobationary or
  115  noncommunity control sentence is revoked, such revocation may
  116  result in a forfeiture of all gain-time, and the commission may
  117  revoke the resulting deferred mandatory conditional release
  118  supervision or take other action it considers appropriate. If
  119  the term of mandatory conditional release supervision exceeds
  120  that of the probation or community control, then, upon
  121  expiration of the probation or community control, authority for
  122  the supervision reverts shall revert to the commission and the
  123  supervision is shall be subject to the conditions imposed by the
  124  commission. A panel of no fewer than two commissioners shall
  125  establish the terms and conditions of any such release. If the
  126  offense was a controlled substance violation, the conditions
  127  shall include a requirement that the offender submit to random
  128  substance abuse testing intermittently throughout the term of
  129  mandatory conditional release supervision, upon the direction of
  130  the correctional probation officer as defined in s. 943.10(3).
  131  The commission shall also determine whether the terms and
  132  conditions of the such release have been violated and whether
  133  the such violation warrants revocation of the mandatory
  134  supervision conditional release.
  135         (3) As part of the mandatory supervision conditional
  136  release process, the commission, through review and
  137  consideration of information provided by the department, shall
  138  determine:
  139         (a) The amount of reparation or restitution.
  140         (b) The consequences of the offense as reported by the
  141  aggrieved party.
  142         (c) The aggrieved party’s fear of the inmate or concerns
  143  about the release of the inmate.
  144         (4) The commission shall provide to the aggrieved party
  145  information regarding the manner in which notice of any
  146  developments concerning the status of the inmate during the term
  147  of mandatory supervision conditional release may be requested.
  148         (5) Within 180 days before prior to the tentative release
  149  date or provisional release date, whichever is earlier, a
  150  representative of the department shall review the inmate’s
  151  program participation, disciplinary record, psychological and
  152  medical records, criminal records, and any other information
  153  pertinent to the impending release. The department shall gather
  154  and compile information necessary for the commission to make the
  155  determinations set forth in subsection (3). A department
  156  representative shall conduct a personal interview with the
  157  inmate for the purpose of determining the details of the
  158  inmate’s release plan, including the inmate’s planned residence
  159  and employment. The department representative shall forward the
  160  inmate’s release plan to the commission and recommend to the
  161  commission the terms and conditions of the mandatory supervision
  162  conditional release.
  163         (6) The commission shall review the recommendations of the
  164  department, and such other information as it deems relevant, and
  165  may conduct a review of the inmate’s record for the purpose of
  166  establishing the terms and conditions of the mandatory
  167  supervision conditional release. The commission may impose any
  168  special conditions it considers warranted from its review of the
  169  release plan and recommendation. If the commission determines
  170  that the inmate is eligible for release under this section, the
  171  commission shall enter an order establishing the length of
  172  supervision and the conditions attendant thereto. However, an
  173  inmate who has been convicted of a violation of chapter 794 or
  174  found by the court to be a sexual predator is subject to the
  175  maximum level of supervision provided, with the mandatory
  176  conditions as required in subsection (7), and that supervision
  177  shall continue through the end of the releasee’s original court
  178  imposed sentence. The length of supervision must not exceed the
  179  maximum penalty imposed by the court.
  180         (7)(a) An Any inmate who is convicted of a crime committed
  181  on or after October 1, 1995, or who has been previously
  182  convicted of a crime committed on or after October 1, 1995, in
  183  violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5),
  184  or s. 847.0145, and is subject to mandatory conditional release
  185  supervision, shall have, in addition to any other conditions
  186  imposed, the following special conditions imposed by the
  187  commission:
  188         1. A mandatory curfew from 10 p.m. to 6 a.m. The commission
  189  may designate another 8-hour period if the offender’s employment
  190  precludes the above specified time, and such alternative is
  191  recommended by the Department of Corrections. If the commission
  192  determines that imposing a curfew would endanger the victim, the
  193  commission may consider alternative sanctions.
  194         2. If the victim was under the age of 18, a prohibition on
  195  living within 1,000 feet of a school, child care facility, park,
  196  playground, designated public school bus stop, or other place
  197  where children regularly congregate. A releasee who is subject
  198  to this subparagraph may not relocate to a residence that is
  199  within 1,000 feet of a public school bus stop. Beginning October
  200  1, 2004, the commission or the department may not approve a
  201  residence that is located within 1,000 feet of a school, child
  202  care facility, park, playground, designated school bus stop, or
  203  other place where children regularly congregate for any releasee
  204  who is subject to this subparagraph. On October 1, 2004, the
  205  department shall notify each affected school district of the
  206  location of the residence of a releasee 30 days before prior to
  207  release and thereafter, if the releasee relocates to a new
  208  residence, shall notify any affected school district of the
  209  residence of the releasee within 30 days after relocation. If,
  210  on October 1, 2004, any public school bus stop is located within
  211  1,000 feet of the existing residence of such releasee, the
  212  district school board shall relocate that school bus stop.
  213  Beginning October 1, 2004, a district school board may not
  214  establish or relocate a public school bus stop within 1,000 feet
  215  of the residence of a releasee who is subject to this
  216  subparagraph. The failure of the district school board to comply
  217  with this subparagraph is not grounds for a finding of shall not
  218  result in a violation of mandatory conditional release
  219  supervision. A releasee who is subject to this subparagraph may
  220  not be forced to relocate and does not violate his or her
  221  mandatory conditional release supervision if he or she is living
  222  in a residence that meets the requirements of this subparagraph
  223  and a school, child care facility, park, playground, designated
  224  public school bus stop, or other place where children regularly
  225  congregate is subsequently established within 1,000 feet of his
  226  or her residence.
  227         3. Active participation in and successful completion of a
  228  sex offender treatment program with qualified practitioners
  229  specifically trained to treat sex offenders, at the releasee’s
  230  own expense. If a qualified practitioner is not available within
  231  a 50-mile radius of the releasee’s residence, the offender shall
  232  participate in other appropriate therapy.
  233         4. A prohibition on any contact with the victim, directly
  234  or indirectly, including through a third person, unless approved
  235  by the victim, a qualified practitioner in the sexual offender
  236  treatment program, and the sentencing court.
  237         5. If the victim was under the age of 18, a prohibition
  238  against contact with children under the age of 18 without review
  239  and approval by the commission. The commission may approve
  240  supervised contact with a child under the age of 18 if the
  241  approval is based upon a recommendation for contact issued by a
  242  qualified practitioner who is basing the recommendation on a
  243  risk assessment. Further, the sex offender must be currently
  244  enrolled in or have successfully completed a sex offender
  245  therapy program. The commission may not grant supervised contact
  246  with a child if the contact is not recommended by a qualified
  247  practitioner and may deny supervised contact with a child at any
  248  time. When considering whether to approve supervised contact
  249  with a child, the commission must review and consider the
  250  following:
  251         a. A risk assessment completed by a qualified practitioner.
  252  The qualified practitioner must prepare a written report that
  253  must include the findings of the assessment and address each of
  254  the following components:
  255         (I) The sex offender’s current legal status;
  256         (II) The sex offender’s history of adult charges with
  257  apparent sexual motivation;
  258         (III) The sex offender’s history of adult charges without
  259  apparent sexual motivation;
  260         (IV) The sex offender’s history of juvenile charges,
  261  whenever available;
  262         (V) The sex offender’s offender treatment history,
  263  including a consultation from the sex offender’s treating, or
  264  most recent treating, therapist;
  265         (VI) The sex offender’s current mental status;
  266         (VII) The sex offender’s mental health and substance abuse
  267  history as provided by the Department of Corrections;
  268         (VIII) The sex offender’s personal, social, educational,
  269  and work history;
  270         (IX) The results of current psychological testing of the
  271  sex offender if determined necessary by the qualified
  272  practitioner;
  273         (X) A description of the proposed contact, including the
  274  location, frequency, duration, and supervisory arrangement;
  275         (XI) The child’s preference and relative comfort level with
  276  the proposed contact, when age-appropriate;
  277         (XII) The parent’s or legal guardian’s preference regarding
  278  the proposed contact; and
  279         (XIII) The qualified practitioner’s opinion, along with the
  280  basis for that opinion, as to whether the proposed contact would
  281  likely pose significant risk of emotional or physical harm to
  282  the child.
  283  
  284  The written report of the assessment must be given to the
  285  commission.
  286         b. A recommendation made as a part of the risk-assessment
  287  report as to whether supervised contact with the child should be
  288  approved.;
  289         c. A written consent signed by the child’s parent or legal
  290  guardian, if the parent or legal guardian is not the sex
  291  offender, agreeing to the sex offender having supervised contact
  292  with the child after receiving full disclosure of the sex
  293  offender’s present legal status, past criminal history, and the
  294  results of the risk assessment. The commission may not approve
  295  contact with the child if the parent or legal guardian refuses
  296  to give written consent for supervised contact.;
  297         d. A safety plan prepared by the qualified practitioner,
  298  who provides treatment to the offender, in collaboration with
  299  the sex offender, the child’s parent or legal guardian, and the
  300  child, when age appropriate, which details the acceptable
  301  conditions of contact between the sex offender and the child.
  302  The safety plan must be reviewed and approved by the Department
  303  of Corrections before being submitted to the commission.; and
  304         e. Evidence that the child’s parent or legal guardian, if
  305  the parent or legal guardian is not the sex offender,
  306  understands the need for and agrees to the safety plan and has
  307  agreed to provide, or to designate another adult to provide,
  308  constant supervision any time the child is in contact with the
  309  offender.
  310  
  311  The commission may not appoint a person to conduct a risk
  312  assessment and may not accept a risk assessment from a person
  313  who has not demonstrated to the commission that he or she has
  314  met the requirements of a qualified practitioner as defined in
  315  this section.
  316         6. If the victim was under age 18, a prohibition on working
  317  for pay or as a volunteer at any school, child care facility,
  318  park, playground, or other place where children regularly
  319  congregate, as prescribed by the commission.
  320         7. Unless otherwise indicated in the treatment plan
  321  provided by a qualified practitioner in the sexual offender
  322  treatment program, a prohibition on viewing, owning, or
  323  possessing any obscene, pornographic, or sexually stimulating
  324  visual or auditory material, including telephone, electronic
  325  media, computer programs, or computer services that are relevant
  326  to the offender’s deviant behavior pattern.
  327         8. Effective for a releasee whose crime is committed on or
  328  after July 1, 2005, a prohibition on accessing the Internet or
  329  other computer services until a qualified practitioner in the
  330  offender’s sex offender treatment program, after a risk
  331  assessment is completed, approves and implements a safety plan
  332  for the offender’s accessing or using the Internet or other
  333  computer services.
  334         9. A requirement that the releasee must submit two
  335  specimens of blood to the Department of Law Enforcement to be
  336  registered with the DNA database.
  337         10. A requirement that the releasee make restitution to the
  338  victim, as determined by the sentencing court or the commission,
  339  for all necessary medical and related professional services
  340  relating to physical, psychiatric, and psychological care.
  341         11. Submission to a warrantless search by the community
  342  control or probation officer of the probationer’s or community
  343  controllee’s person, residence, or vehicle.
  344         (b) For a releasee whose crime was committed on or after
  345  October 1, 1997, in violation of chapter 794, s. 800.04, s.
  346  827.071, s. 847.0135(5), or s. 847.0145, and who is subject to
  347  mandatory conditional release supervision, in addition to any
  348  other provision of this subsection, the commission shall impose
  349  the following additional conditions of mandatory conditional
  350  release supervision:
  351         1. As part of a treatment program, participation in a
  352  minimum of one annual polygraph examination to obtain
  353  information necessary for risk management and treatment and to
  354  reduce the sex offender’s denial mechanisms. The polygraph
  355  examination must be conducted by a polygrapher who is a member
  356  of a national or state polygraph association and who is
  357  certified as a postconviction sex offender polygrapher, where
  358  available, and at the expense of the releasee. The results of
  359  the examination shall be provided to the releasee’s probation
  360  officer and qualified practitioner and may not be used as
  361  evidence in a hearing to prove that a violation of supervision
  362  has occurred.
  363         2. Maintenance of a driving log and a prohibition against
  364  driving a motor vehicle alone without the prior approval of the
  365  supervising officer.
  366         3. A prohibition against obtaining or using a post office
  367  box without the prior approval of the supervising officer.
  368         4. If there was sexual contact, a submission to, at the
  369  releasee’s expense, an HIV test with the results to be released
  370  to the victim or the victim’s parent or guardian.
  371         5. Electronic monitoring of any form when ordered by the
  372  commission. Any person who has been placed under supervision and
  373  is electronically monitored by the department must pay the
  374  department for the cost of the electronic monitoring service at
  375  a rate that may not exceed the full cost of the monitoring
  376  service. Funds collected under this subparagraph shall be
  377  deposited into the General Revenue Fund. The department may
  378  exempt a person from the payment of all or any part of the
  379  electronic monitoring service cost if the department finds that
  380  any of the factors listed in s. 948.09(3) exist.
  381         (8) It is the finding of the Legislature that the
  382  population of offenders released from state prison into the
  383  community who meet the mandatory supervision conditional release
  384  criteria poses the greatest threat to the public safety of the
  385  groups of offenders under community supervision. Therefore, the
  386  Department of Corrections shall is to provide intensive
  387  supervision by experienced correctional probation officers to
  388  mandatory supervision conditional release offenders. Subject to
  389  specific appropriation by the Legislature, caseloads may be
  390  restricted to a maximum of 40 mandatory supervision conditional
  391  release offenders per officer to provide for enhanced public
  392  safety and to effectively monitor conditions of electronic
  393  monitoring or curfews, if so ordered by the commission.
  394         (9) The commission shall adopt rules pursuant to ss.
  395  120.536(1) and 120.54 necessary to administer implement the
  396  provisions of the Mandatory Supervision Conditional Release
  397  Program Act.
  398         (10) Effective for a releasee whose crime was committed on
  399  or after September 1, 2005, in violation of chapter 794, s.
  400  800.04(4), (5), or (6), s. 827.071, or s. 847.0145, and the
  401  unlawful activity involved a victim who was 15 years of age or
  402  younger and the offender is 18 years of age or older or for a
  403  releasee who is designated as a sexual predator pursuant to s.
  404  775.21, in addition to any other provision of this section, the
  405  commission must order electronic monitoring for the duration of
  406  the releasee’s supervision.
  407         (11) Effective for a releasee whose crime was committed on
  408  or after October 1, 2008, and who has been found to have
  409  committed the crime for the purpose of benefiting, promoting, or
  410  furthering the interests of a criminal gang, the commission
  411  shall, in addition to any other conditions imposed, impose a
  412  condition prohibiting the releasee from knowingly associating
  413  with other criminal gang members or associates, except as
  414  authorized by law enforcement officials, prosecutorial
  415  authorities, or the court, for the purpose of aiding in the
  416  investigation of criminal activity.
  417         (12) In addition to all other conditions imposed, for a
  418  releasee who is subject to mandatory supervision conditional
  419  release for a crime that was committed on or after May 26, 2010,
  420  and who has been convicted at any time of committing, or
  421  attempting, soliciting, or conspiring to commit, any of the
  422  criminal offenses listed in s. 943.0435(1)(a)1.a.(I), or a
  423  similar offense in another jurisdiction against a victim who was
  424  under 18 years of age at the time of the offense, if the
  425  releasee has not received a pardon for any felony or similar law
  426  of another jurisdiction necessary for the operation of this
  427  subsection, if a conviction of a felony or similar law of
  428  another jurisdiction necessary for the operation of this
  429  subsection has not been set aside in any postconviction
  430  proceeding, or if the releasee has not been removed from the
  431  requirement to register as a sexual offender or sexual predator
  432  pursuant to s. 943.04354, the commission must impose the
  433  following conditions:
  434         (a) A prohibition on visiting schools, child care
  435  facilities, parks, and playgrounds without prior approval from
  436  the releasee’s supervising officer. The commission may also
  437  designate additional prohibited locations to protect a victim.
  438  The prohibition ordered under this paragraph does not prohibit
  439  the releasee from visiting a school, child care facility, park,
  440  or playground for the sole purpose of attending a religious
  441  service as defined in s. 775.0861 or picking up or dropping off
  442  the releasee’s child or grandchild at a child care facility or
  443  school.
  444         (b) A prohibition on distributing candy or other items to
  445  children on Halloween; wearing a Santa Claus costume, or other
  446  costume to appeal to children, on or preceding Christmas;
  447  wearing an Easter Bunny costume, or other costume to appeal to
  448  children, on or preceding Easter; entertaining at children’s
  449  parties; or wearing a clown costume without prior approval from
  450  the commission.
  451         Section 4. Paragraph (c) of subsection (1) of section
  452  20.316, Florida Statutes, is amended to read:
  453         20.316 Department of Juvenile Justice.—There is created a
  454  Department of Juvenile Justice.
  455         (1) SECRETARY OF JUVENILE JUSTICE.—
  456         (c) The Secretary of Juvenile Justice shall:
  457         1. Ensure that juvenile justice continuum programs and
  458  services are implemented according to legislative intent; state
  459  and federal laws, rules, and regulations; statewide program
  460  standards; and performance objectives by reviewing and
  461  monitoring regional and circuit program operations and providing
  462  technical assistance to those programs.
  463         2. Identify the need for and recommend the funding and
  464  implementation of an appropriate mix of programs and services
  465  within the juvenile justice continuum, including prevention,
  466  diversion, nonresidential and residential commitment programs,
  467  training schools, and mandatory supervision conditional release
  468  programs and services, with an overlay of educational,
  469  vocational, alcohol, drug abuse, and mental health services
  470  where appropriate.
  471         3. Provide for program research, development, and planning.
  472         4. Develop staffing and workload standards and coordinate
  473  staff development and training.
  474         5. Develop budget and resource allocation methodologies and
  475  strategies.
  476         6. Establish program policies and rules and ensure that
  477  those policies and rules encourage cooperation, collaboration,
  478  and information sharing with community partners in the juvenile
  479  justice system to the extent authorized by law.
  480         7. Develop funding sources external to state government.
  481         8. Obtain, approve, monitor, and coordinate research and
  482  program development grants.
  483         9. Enter into contracts.
  484         10. Monitor all state-funded programs, grants,
  485  appropriations, or activities that are designed to prevent
  486  juvenile crime, delinquency, gang membership, or status offense
  487  behaviors and all state-funded programs, grants, appropriations,
  488  or activities that are designed to prevent a child from becoming
  489  a “child in need of services,” as defined in chapter 984, in
  490  order to effect the goals and policies of the State
  491  Comprehensive Plan regarding children and regarding governmental
  492  efficiency, and in order to determine:
  493         a. The number of youth served by such state-funded
  494  programs, grants, appropriations, or activities;
  495         b. The number of youth who complete such state-funded
  496  programs, grants, appropriations, or activities;
  497         c. The number and percentage of youth who are referred for
  498  delinquency while participating in such state-funded programs,
  499  grants, appropriations, or activities; and
  500         d. The number and percentage of youth who are referred for
  501  delinquency within 6 months after completing such state-funded
  502  programs, grants, appropriations, or activities.
  503         Section 5. Paragraph (c) of subsection (5) of section
  504  216.136, Florida Statutes, is amended to read:
  505         216.136 Consensus estimating conferences; duties and
  506  principals.—
  507         (5) CRIMINAL JUSTICE ESTIMATING CONFERENCE.—The Criminal
  508  Justice Estimating Conference shall:
  509         (c) Develop official information relating to the number of
  510  sexual offenders and sexual predators who are required by law to
  511  be placed on community control, probation, or mandatory
  512  supervision conditional release who are subject to electronic
  513  monitoring.
  514         Section 6. Subsection (2) of section 394.926, Florida
  515  Statutes, is amended to read:
  516         394.926 Notice to victims of release of persons committed
  517  as sexually violent predators; notice to Department of
  518  Corrections and Parole Commission.—
  519         (2) If a sexually violent predator who has an active or
  520  pending term of probation, community control, parole, mandatory
  521  supervision conditional release, or other court-ordered or
  522  postprison release supervision is released from custody, the
  523  department must immediately notify the Department of
  524  Corrections’ Office of Community Corrections in Tallahassee. The
  525  Parole Commission must also be immediately notified of any
  526  releases of a sexually violent predator who has an active or
  527  pending term of parole, mandatory supervision conditional
  528  release, or other postprison release supervision that is
  529  administered by the Parole Commission.
  530         Section 7. Subsection (2) of section 394.927, Florida
  531  Statutes, is amended to read:
  532         394.927 Escape while in lawful custody; notice to victim;
  533  notice to the Department of Corrections and Parole Commission.—
  534         (2) If a person who is held in custody pursuant to a
  535  finding of probable cause or commitment as a sexually violent
  536  predator escapes while in custody, the department shall
  537  immediately notify the victim in accordance with s. 394.926. The
  538  state attorney that filed the petition for civil commitment of
  539  the escapee must also be immediately notified by the department.
  540  If the escapee has an active or pending term of probation,
  541  community control, parole, mandatory supervision conditional
  542  release, or other court-ordered or postprison release
  543  supervision, the department shall also immediately notify the
  544  Department of Corrections’ Office of Community Corrections in
  545  Tallahassee. The Parole Commission shall also be immediately
  546  notified of an escape if the escapee has an active or pending
  547  term of parole, mandatory supervision conditional release, or
  548  other postprison release supervision that is administered by the
  549  Parole Commission.
  550         Section 8. Paragraphs (a), (b), and (d) of subsection (1)
  551  of section 775.084, Florida Statutes, are amended to read:
  552         775.084 Violent career criminals; habitual felony offenders
  553  and habitual violent felony offenders; three-time violent felony
  554  offenders; definitions; procedure; enhanced penalties or
  555  mandatory minimum prison terms.—
  556         (1) As used in this act:
  557         (a) “Habitual felony offender” means a defendant for whom
  558  the court may impose an extended term of imprisonment, as
  559  provided in paragraph (4)(a), if it finds that:
  560         1. The defendant has previously been convicted of any
  561  combination of two or more felonies in this state or other
  562  qualified offenses.
  563         2. The felony for which the defendant is to be sentenced
  564  was committed:
  565         a. While the defendant was serving a prison sentence or
  566  other sentence, or court-ordered or lawfully imposed supervision
  567  that is imposed as a result of a prior conviction for a felony
  568  or other qualified offense; or
  569         b. Within 5 years of the date of the conviction of the
  570  defendant’s last prior felony or other qualified offense, or
  571  within 5 years of the defendant’s release from a prison
  572  sentence, probation, community control, control release,
  573  mandatory supervision conditional release, parole or court
  574  ordered or lawfully imposed supervision or other sentence that
  575  is imposed as a result of a prior conviction for a felony or
  576  other qualified offense, whichever is later.
  577         3. The felony for which the defendant is to be sentenced,
  578  and one of the two prior felony convictions, is not a violation
  579  of s. 893.13 relating to the purchase or the possession of a
  580  controlled substance.
  581         4. The defendant has not received a pardon for any felony
  582  or other qualified offense that is necessary for the operation
  583  of this paragraph.
  584         5. A conviction of a felony or other qualified offense
  585  necessary to the operation of this paragraph has not been set
  586  aside in any postconviction proceeding.
  587         (b) “Habitual violent felony offender” means a defendant
  588  for whom the court may impose an extended term of imprisonment,
  589  as provided in paragraph (4)(b), if it finds that:
  590         1. The defendant has previously been convicted of a felony
  591  or an attempt or conspiracy to commit a felony and one or more
  592  of such convictions was for:
  593         a. Arson;
  594         b. Sexual battery;
  595         c. Robbery;
  596         d. Kidnapping;
  597         e. Aggravated child abuse;
  598         f. Aggravated abuse of an elderly person or disabled adult;
  599         g. Aggravated assault with a deadly weapon;
  600         h. Murder;
  601         i. Manslaughter;
  602         j. Aggravated manslaughter of an elderly person or disabled
  603  adult;
  604         k. Aggravated manslaughter of a child;
  605         l. Unlawful throwing, placing, or discharging of a
  606  destructive device or bomb;
  607         m. Armed burglary;
  608         n. Aggravated battery; or
  609         o. Aggravated stalking.
  610         2. The felony for which the defendant is to be sentenced
  611  was committed:
  612         a. While the defendant was serving a prison sentence or
  613  other sentence, or court-ordered or lawfully imposed supervision
  614  that is imposed as a result of a prior conviction for an
  615  enumerated felony; or
  616         b. Within 5 years of the date of the conviction of the last
  617  prior enumerated felony, or within 5 years of the defendant’s
  618  release from a prison sentence, probation, community control,
  619  control release, mandatory supervision conditional release,
  620  parole, or court-ordered or lawfully imposed supervision or
  621  other sentence that is imposed as a result of a prior conviction
  622  for an enumerated felony, whichever is later.
  623         3. The defendant has not received a pardon on the ground of
  624  innocence for any crime that is necessary for the operation of
  625  this paragraph.
  626         4. A conviction of a crime necessary to the operation of
  627  this paragraph has not been set aside in any postconviction
  628  proceeding.
  629         (d) “Violent career criminal” means a defendant for whom
  630  the court must impose imprisonment pursuant to paragraph (4)(d),
  631  if it finds that:
  632         1. The defendant has previously been convicted as an adult
  633  three or more times for an offense in this state or other
  634  qualified offense that is:
  635         a. Any forcible felony, as described in s. 776.08;
  636         b. Aggravated stalking, as described in s. 784.048(3) and
  637  (4);
  638         c. Aggravated child abuse, as described in s. 827.03(2)(a);
  639         d. Aggravated abuse of an elderly person or disabled adult,
  640  as described in s. 825.102(2);
  641         e. Lewd or lascivious battery, lewd or lascivious
  642  molestation, lewd or lascivious conduct, or lewd or lascivious
  643  exhibition, as described in s. 800.04 or s. 847.0135(5);
  644         f. Escape, as described in s. 944.40; or
  645         g. A felony violation of chapter 790 involving the use or
  646  possession of a firearm.
  647         2. The defendant has been incarcerated in a state prison or
  648  a federal prison.
  649         3. The primary felony offense for which the defendant is to
  650  be sentenced is a felony enumerated in subparagraph 1. and was
  651  committed on or after October 1, 1995, and:
  652         a. While the defendant was serving a prison sentence or
  653  other sentence, or court-ordered or lawfully imposed supervision
  654  that is imposed as a result of a prior conviction for an
  655  enumerated felony; or
  656         b. Within 5 years after the conviction of the last prior
  657  enumerated felony, or within 5 years after the defendant’s
  658  release from a prison sentence, probation, community control,
  659  control release, mandatory supervision conditional release,
  660  parole, or court-ordered or lawfully imposed supervision or
  661  other sentence that is imposed as a result of a prior conviction
  662  for an enumerated felony, whichever is later.
  663         4. The defendant has not received a pardon for any felony
  664  or other qualified offense that is necessary for the operation
  665  of this paragraph.
  666         5. A conviction of a felony or other qualified offense
  667  necessary to the operation of this paragraph has not been set
  668  aside in any postconviction proceeding.
  669         Section 9. Section 775.16, Florida Statutes, is amended to
  670  read:
  671         775.16 Drug offenses; additional penalties.—In addition to
  672  any other penalty provided by law, a person who has been
  673  convicted of sale of or trafficking in, or conspiracy to sell or
  674  traffic in, a controlled substance under chapter 893, if such
  675  offense is a felony, or who has been convicted of an offense
  676  under the laws of any state or country which, if committed in
  677  this state, would constitute the felony of selling or
  678  trafficking in, or conspiracy to sell or traffic in, a
  679  controlled substance under chapter 893, is:
  680         (1) Disqualified from applying for employment by any agency
  681  of the state, unless:
  682         (a) The person has completed all sentences of imprisonment
  683  or supervisory sanctions imposed by the court, by the Parole
  684  Commission, or by law; or
  685         (b) The person has complied with the conditions of
  686  subparagraphs 1. and 2. which shall be monitored by the
  687  Department of Corrections while the person is under any
  688  supervisory sanctions. The person under supervision may:
  689         1. Seek evaluation and enrollment in, and once enrolled
  690  maintain enrollment in until completion, a drug treatment and
  691  rehabilitation program that which is approved by the Department
  692  of Children and Family Services, unless it is deemed by the
  693  program that the person does not have a substance abuse problem.
  694  The treatment and rehabilitation program may be specified by:
  695         a. The court, in the case of court-ordered supervisory
  696  sanctions;
  697         b. The Parole Commission, in the case of parole, control
  698  release, or mandatory supervision conditional release; or
  699         c. The Department of Corrections, in the case of
  700  imprisonment or any other supervision required by law.
  701         2. Submit to periodic urine drug testing pursuant to
  702  procedures prescribed by the Department of Corrections. If the
  703  person is indigent, the costs shall be paid by the Department of
  704  Corrections.
  705         (2) Disqualified from applying for a license, permit, or
  706  certificate required by any agency of the state to practice,
  707  pursue, or engage in any occupation, trade, vocation,
  708  profession, or business, unless:
  709         (a) The person has completed all sentences of imprisonment
  710  or supervisory sanctions imposed by the court, by the Parole
  711  Commission, or by law;
  712         (b) The person has complied with the conditions of
  713  subparagraphs 1. and 2. which shall be monitored by the
  714  Department of Corrections while the person is under any
  715  supervisory sanction. If the person fails to comply with
  716  provisions of these subparagraphs by either failing to maintain
  717  treatment or by testing positive for drug use, the department
  718  shall notify the licensing, permitting, or certifying agency,
  719  which may refuse to reissue or reinstate such license, permit,
  720  or certification. The licensee, permittee, or certificateholder
  721  under supervision may:
  722         1. Seek evaluation and enrollment in, and once enrolled
  723  maintain enrollment in until completion, a drug treatment and
  724  rehabilitation program which is approved or regulated by the
  725  Department of Children and Family Services, unless it is deemed
  726  by the program that the person does not have a substance abuse
  727  problem. The treatment and rehabilitation program may be
  728  specified by:
  729         a. The court, in the case of court-ordered supervisory
  730  sanctions;
  731         b. The Parole Commission, in the case of parole, control
  732  release, or mandatory supervision conditional release; or
  733         c. The Department of Corrections, in the case of
  734  imprisonment or any other supervision required by law.
  735         2. Submit to periodic urine drug testing pursuant to
  736  procedures prescribed by the Department of Corrections. If the
  737  person is indigent, the costs shall be paid by the Department of
  738  Corrections; or
  739         (c) The person has successfully completed an appropriate
  740  program under the Correctional Education Program.
  741  
  742  The provisions of this section do not apply to any of the taxes,
  743  fees, or permits regulated, controlled, or administered by the
  744  Department of Revenue in accordance with the provisions of s.
  745  213.05.
  746         Section 10. Paragraph (e) of subsection (2) of section
  747  775.21, Florida Statutes, is amended to read:
  748         775.21 The Florida Sexual Predators Act.—
  749         (2) DEFINITIONS.—As used in this section, the term:
  750         (e) “Conviction” means a determination of guilt which is
  751  the result of a trial or the entry of a plea of guilty or nolo
  752  contendere, regardless of whether adjudication is withheld. A
  753  conviction for a similar offense includes, but is not limited
  754  to, a conviction by a federal or military tribunal, including
  755  courts-martial conducted by the Armed Forces of the United
  756  States, and includes a conviction or entry of a plea of guilty
  757  or nolo contendere resulting in a sanction in any state of the
  758  United States or other jurisdiction. A sanction includes, but is
  759  not limited to, a fine, probation, community control, parole,
  760  mandatory supervision conditional release, control release, or
  761  incarceration in a state prison, federal prison, private
  762  correctional facility, or local detention facility.
  763         Section 11. Paragraph (a) of subsection (3) of section
  764  775.261, Florida Statutes, is amended to read:
  765         775.261 The Florida Career Offender Registration Act.—
  766         (3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.—
  767         (a) A career offender released on or after July 1, 2002,
  768  from a sanction imposed in this state must register as required
  769  under subsection (4) and is subject to community and public
  770  notification as provided under subsection (5). For purposes of
  771  this section, a sanction imposed in this state includes, but is
  772  not limited to, a fine, probation, community control, parole,
  773  mandatory supervision conditional release, control release, or
  774  incarceration in a state prison, private correctional facility,
  775  or local detention facility, and:
  776         1. The career offender has not received a pardon for any
  777  felony or other qualified offense that is necessary for the
  778  operation of this paragraph; or
  779         2. A conviction of a felony or other qualified offense
  780  necessary to the operation of this paragraph has not been set
  781  aside in any postconviction proceeding.
  782         Section 12. Section 893.11, Florida Statutes, is amended to
  783  read:
  784         893.11 Suspension, revocation, and reinstatement of
  785  business and professional licenses.—For the purposes of s.
  786  120.60(6), any conviction in any court reported to the
  787  Comprehensive Case Information System of the Florida Association
  788  of Court Clerks and Comptrollers, Inc., for the sale of, or
  789  trafficking in, a controlled substance or for conspiracy to
  790  sell, or traffic in, a controlled substance constitutes an
  791  immediate serious danger to the public health, safety, or
  792  welfare, and is grounds for disciplinary action by the licensing
  793  state agency. A state agency shall initiate an immediate
  794  emergency suspension of an individual professional license
  795  issued by the agency, in compliance with the procedures for
  796  summary suspensions in s. 120.60(6), upon the agency’s findings
  797  of the licensee’s conviction in any court reported to the
  798  Comprehensive Case Information System of the Florida Association
  799  of Court Clerks and Comptrollers, Inc., for the sale of, or
  800  trafficking in, a controlled substance, or for conspiracy to
  801  sell, or traffic in, a controlled substance. Before renewing any
  802  professional license, a state agency that issues a professional
  803  license must use the Comprehensive Case Information System of
  804  the Florida Association of Court Clerks and Comptrollers, Inc.,
  805  to obtain information relating to any conviction for the sale
  806  of, or trafficking in, a controlled substance or for conspiracy
  807  to sell, or traffic in, a controlled substance. The clerk of
  808  court shall provide electronic access to each state agency at no
  809  cost and also provide certified copies of the judgment upon
  810  request to the agency. Upon a showing by any such convicted
  811  defendant whose professional license has been suspended or
  812  revoked pursuant to this section that his or her civil rights
  813  have been restored or upon a showing that the convicted
  814  defendant meets the following criteria, the agency head may
  815  reinstate or reactivate such license when:
  816         (1) The person has complied with the conditions of
  817  paragraphs (a) and (b) which shall be monitored by the
  818  Department of Corrections while the person is under any
  819  supervisory sanction. If the person fails to comply with
  820  provisions of these paragraphs by either failing to maintain
  821  treatment or by testing positive for drug use, the department
  822  shall notify the licensing agency, which shall revoke the
  823  license. The person under supervision may:
  824         (a) Seek evaluation and enrollment in, and once enrolled
  825  maintain enrollment in until completion, a drug treatment and
  826  rehabilitation program that which is approved or regulated by
  827  the Department of Children and Family Services. The treatment
  828  and rehabilitation program shall be specified by:
  829         1. The court, in the case of court-ordered supervisory
  830  sanctions;
  831         2. The Parole Commission, in the case of parole, control
  832  release, or mandatory supervision conditional release; or
  833         3. The Department of Corrections, in the case of
  834  imprisonment or any other supervision required by law.
  835         (b) Submit to periodic urine drug testing pursuant to
  836  procedures prescribed by the Department of Corrections. If the
  837  person is indigent, the costs shall be paid by the Department of
  838  Corrections; or
  839         (2) The person has successfully completed an appropriate
  840  program under the Correctional Education Program.
  841         (3) As used in this section, the term “professional
  842  license” includes any license, permit, or certificate that
  843  authorizes a person to practice his or her profession. However,
  844  the term does not include any of the taxes, fees, or permits
  845  regulated, controlled, or administered by the Department of
  846  Revenue in accordance with s. 213.05.
  847         Section 13. Paragraphs (a) and (b) of subsection (1) of
  848  section 943.0435, Florida Statutes, are amended to read:
  849         943.0435 Sexual offenders required to register with the
  850  department; penalty.—
  851         (1) As used in this section, the term:
  852         (a)1. “Sexual offender” means a person who meets the
  853  criteria in sub-subparagraph a., sub-subparagraph b., sub
  854  subparagraph c., or sub-subparagraph d., as follows:
  855         a.(I) Has been convicted of committing, or attempting,
  856  soliciting, or conspiring to commit, any of the criminal
  857  offenses proscribed in the following statutes in this state or
  858  similar offenses in another jurisdiction: s. 787.01, s. 787.02,
  859  or s. 787.025(2)(c), where the victim is a minor and the
  860  defendant is not the victim’s parent or guardian; s.
  861  787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s.
  862  794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
  863  810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
  864  excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
  865  or s. 985.701(1); or any similar offense committed in this state
  866  which has been redesignated from a former statute number to one
  867  of those listed in this sub-sub-subparagraph; and
  868         (II) Has been released on or after October 1, 1997, from
  869  the sanction imposed for any conviction of an offense described
  870  in sub-sub-subparagraph (I). For purposes of sub-sub
  871  subparagraph (I), a sanction imposed in this state or in any
  872  other jurisdiction includes, but is not limited to, a fine,
  873  probation, community control, parole, mandatory supervision
  874  conditional release, control release, or incarceration in a
  875  state prison, federal prison, private correctional facility, or
  876  local detention facility;
  877         b. Establishes or maintains a residence in this state and
  878  who has not been designated as a sexual predator by a court of
  879  this state but who has been designated as a sexual predator, as
  880  a sexually violent predator, or by another sexual offender
  881  designation in another state or jurisdiction and was, as a
  882  result of such designation, subjected to registration or
  883  community or public notification, or both, or would be if the
  884  person were a resident of that state or jurisdiction, without
  885  regard to whether the person otherwise meets the criteria for
  886  registration as a sexual offender;
  887         c. Establishes or maintains a residence in this state who
  888  is in the custody or control of, or under the supervision of,
  889  any other state or jurisdiction as a result of a conviction for
  890  committing, or attempting, soliciting, or conspiring to commit,
  891  any of the criminal offenses proscribed in the following
  892  statutes or similar offense in another jurisdiction: s. 787.01,
  893  s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
  894  the defendant is not the victim’s parent or guardian; s.
  895  787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s.
  896  794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
  897  810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
  898  excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
  899  or s. 985.701(1); or any similar offense committed in this state
  900  which has been redesignated from a former statute number to one
  901  of those listed in this sub-subparagraph; or
  902         d. On or after July 1, 2007, has been adjudicated
  903  delinquent for committing, or attempting, soliciting, or
  904  conspiring to commit, any of the criminal offenses proscribed in
  905  the following statutes in this state or similar offenses in
  906  another jurisdiction when the juvenile was 14 years of age or
  907  older at the time of the offense:
  908         (I) Section 794.011, excluding s. 794.011(10);
  909         (II) Section 800.04(4)(b) where the victim is under 12
  910  years of age or where the court finds sexual activity by the use
  911  of force or coercion;
  912         (III) Section 800.04(5)(c)1. where the court finds
  913  molestation involving unclothed genitals; or
  914         (IV) Section 800.04(5)(d) where the court finds the use of
  915  force or coercion and unclothed genitals.
  916         2. For all qualifying offenses listed in sub-subparagraph
  917  (1)(a)1.d., the court shall make a written finding of the age of
  918  the offender at the time of the offense.
  919  
  920  For each violation of a qualifying offense listed in this
  921  subsection, the court shall make a written finding of the age of
  922  the victim at the time of the offense. For a violation of s.
  923  800.04(4), the court shall additionally make a written finding
  924  indicating that the offense did or did not involve sexual
  925  activity and indicating that the offense did or did not involve
  926  force or coercion. For a violation of s. 800.04(5), the court
  927  shall additionally make a written finding that the offense did
  928  or did not involve unclothed genitals or genital area and that
  929  the offense did or did not involve the use of force or coercion.
  930         (b) “Convicted” means that there has been a determination
  931  of guilt as a result of a trial or the entry of a plea of guilty
  932  or nolo contendere, regardless of whether adjudication is
  933  withheld, and includes an adjudication of delinquency of a
  934  juvenile as specified in this section. Conviction of a similar
  935  offense includes, but is not limited to, a conviction by a
  936  federal or military tribunal, including courts-martial conducted
  937  by the Armed Forces of the United States, and includes a
  938  conviction or entry of a plea of guilty or nolo contendere
  939  resulting in a sanction in any state of the United States or
  940  other jurisdiction. A sanction includes, but is not limited to,
  941  a fine, probation, community control, parole, mandatory
  942  supervision conditional release, control release, or
  943  incarceration in a state prison, federal prison, private
  944  correctional facility, or local detention facility.
  945         Section 14. Paragraph (a) of subsection (7) of section
  946  943.325, Florida Statutes, is amended to read:
  947         943.325 DNA database.—
  948         (7) COLLECTION OF DNA SAMPLES FROM OFFENDERS.—
  949         (a) Any qualifying offender, who is:
  950         1. Arrested in this state;
  951         2. Incarcerated in this state; or
  952         3. On probation, community control, parole, mandatory
  953  supervision conditional release, control release, or any other
  954  type of court-ordered supervision in this state,
  955  
  956  shall be required to submit a DNA sample to a department
  957  designated facility.
  958         Section 15. Paragraph (a) of subsection (2) of section
  959  944.171, Florida Statutes, is amended to read:
  960         944.171 Housing of inmates.—
  961         (2) Notwithstanding s. 944.17, the department may enter
  962  into contracts with another state, a political subdivision of
  963  another state, or a correctional management services vendor in
  964  another state for the transfer and confinement in that state of
  965  inmates who have been committed to the custody of the
  966  department.
  967         (a) Any such contract must include:
  968         1. A termination date.
  969         2. Provisions concerning the costs of inmate maintenance,
  970  extraordinary medical and dental expenses, and any participation
  971  in or receipt by inmates of rehabilitative or correctional
  972  services, facilities, programs, or treatment, including those
  973  costs not reasonably included as part of normal maintenance.
  974         3. Provisions concerning participation in programs of
  975  inmate employment, if any, the disposition or crediting of any
  976  payments received by inmates on account of employment, and the
  977  crediting of proceeds or disposal of any products resulting from
  978  employment.
  979         4. Provisions for the delivery and retaking of inmates.
  980         5. A provision for a waiver of extradition by the parties
  981  to the contract.
  982         6. Retention of jurisdiction of the inmates transferred by
  983  Florida.
  984         7. Regular reporting procedures concerning Florida inmates
  985  by officials of the state, political subdivision, or
  986  correctional management services vendor with which the
  987  department is contracting.
  988         8. Provisions concerning procedures for community
  989  supervision, including probation, parole, mandatory supervision
  990  conditional release, and discharge.
  991         9. The same standards of reasonable and humane care as the
  992  inmates would receive in an appropriate institution in this
  993  state.
  994         10. Any other matters that are necessary and appropriate to
  995  establish the obligations, responsibilities, and rights of
  996  Florida and the state, political subdivision, or correctional
  997  management services vendor with which the department is
  998  contracting.
  999         Section 16. Subsection (1) of section 944.28, Florida
 1000  Statutes, is amended to read:
 1001         944.28 Forfeiture of gain-time and the right to earn gain
 1002  time in the future.—
 1003         (1) If a prisoner is convicted of escape, or if the
 1004  clemency, mandatory supervision conditional release as described
 1005  in chapter 947, probation or community control as described in
 1006  chapter 948, provisional release as described in s. 944.277,
 1007  parole, or control release as described in s. 947.146 granted to
 1008  the prisoner is revoked, the department may, without notice or
 1009  hearing, declare a forfeiture of all gain-time earned according
 1010  to the provisions of law by such prisoner prior to such escape
 1011  or his or her release under such clemency, mandatory supervision
 1012  conditional release, probation, community control, provisional
 1013  release, control release, or parole.
 1014         Section 17. Paragraph (a) of subsection (1) of section
 1015  944.606, Florida Statutes, is amended to read:
 1016         944.606 Sexual offenders; notification upon release.—
 1017         (1) As used in this section:
 1018         (a) “Convicted” means there has been a determination of
 1019  guilt as a result of a trial or the entry of a plea of guilty or
 1020  nolo contendere, regardless of whether adjudication is withheld.
 1021  A conviction for a similar offense includes, but is not limited
 1022  to, a conviction by a federal or military tribunal, including
 1023  courts-martial conducted by the Armed Forces of the United
 1024  States, and includes a conviction or entry of a plea of guilty
 1025  or nolo contendere resulting in a sanction in any state of the
 1026  United States or other jurisdiction. A sanction includes, but is
 1027  not limited to, a fine; probation; community control; parole;
 1028  mandatory supervision conditional release; control release; or
 1029  incarceration in a state prison, federal prison, private
 1030  correctional facility, or local detention facility.
 1031         Section 18. Paragraph (b) of subsection (1) and subsection
 1032  (6) of section 944.607, Florida Statutes, are amended to read:
 1033         944.607 Notification to Department of Law Enforcement of
 1034  information on sexual offenders.—
 1035         (1) As used in this section, the term:
 1036         (b) “Conviction” means a determination of guilt which is
 1037  the result of a trial or the entry of a plea of guilty or nolo
 1038  contendere, regardless of whether adjudication is withheld.
 1039  Conviction of a similar offense includes, but is not limited to,
 1040  a conviction by a federal or military tribunal, including
 1041  courts-martial conducted by the Armed Forces of the United
 1042  States, and includes a conviction or entry of a plea of guilty
 1043  or nolo contendere resulting in a sanction in any state of the
 1044  United States or other jurisdiction. A sanction includes, but is
 1045  not limited to, a fine; probation; community control; parole;
 1046  mandatory supervision conditional release; control release; or
 1047  incarceration in a state prison, federal prison, private
 1048  correctional facility, or local detention facility.
 1049         (6) The information provided to the Department of Law
 1050  Enforcement must include:
 1051         (a) The information obtained from the sexual offender under
 1052  subsection (4);
 1053         (b) The sexual offender’s most current address, place of
 1054  permanent, temporary, or transient residence within the state or
 1055  out of state, and address, location or description, and dates of
 1056  any current or known future temporary residence within the state
 1057  or out of state, while the sexual offender is under supervision
 1058  in this state, including the name of the county or municipality
 1059  in which the offender permanently or temporarily resides, or has
 1060  a transient residence, and address, location or description, and
 1061  dates of any current or known future temporary residence within
 1062  the state or out of state, and, if known, the intended place of
 1063  permanent, temporary, or transient residence, and address,
 1064  location or description, and dates of any current or known
 1065  future temporary residence within the state or out of state upon
 1066  satisfaction of all sanctions;
 1067         (c) The legal status of the sexual offender and the
 1068  scheduled termination date of that legal status;
 1069         (d) The location of, and local telephone number for, any
 1070  Department of Corrections’ office that is responsible for
 1071  supervising the sexual offender;
 1072         (e) An indication of whether the victim of the offense that
 1073  resulted in the offender’s status as a sexual offender was a
 1074  minor;
 1075         (f) The offense or offenses at conviction which resulted in
 1076  the determination of the offender’s status as a sex offender;
 1077  and
 1078         (g) A digitized photograph of the sexual offender which
 1079  must have been taken within 60 days before the offender is
 1080  released from the custody of the department or a private
 1081  correctional facility by expiration of sentence under s. 944.275
 1082  or must have been taken by January 1, 1998, or within 60 days
 1083  after the onset of the department’s supervision of any sexual
 1084  offender who is on probation, community control, mandatory
 1085  supervision conditional release, parole, provisional release, or
 1086  control release or who is supervised by the department under the
 1087  Interstate Compact Agreement for Probationers and Parolees. If
 1088  the sexual offender is in the custody of a private correctional
 1089  facility, the facility shall take a digitized photograph of the
 1090  sexual offender within the time period provided in this
 1091  paragraph and shall provide the photograph to the department.
 1092  
 1093  If any information provided by the department changes during the
 1094  time the sexual offender is under the department’s control,
 1095  custody, or supervision, including any change in the offender’s
 1096  name by reason of marriage or other legal process, the
 1097  department shall, in a timely manner, update the information and
 1098  provide it to the Department of Law Enforcement in the manner
 1099  prescribed in subsection (2).
 1100         Section 19. Subsection (5) of section 944.608, Florida
 1101  Statutes, is amended to read:
 1102         944.608 Notification to Department of Law Enforcement of
 1103  information on career offenders.—
 1104         (5) The information provided to the Department of Law
 1105  Enforcement must include:
 1106         (a) The information obtained from the career offender under
 1107  subsection (3);
 1108         (b) The career offender’s most current address and place of
 1109  permanent and temporary residence within the state or out of
 1110  state while the career offender is under supervision in this
 1111  state, including the name of the county or municipality in which
 1112  the career offender permanently or temporarily resides and, if
 1113  known, the intended place of permanent or temporary residence
 1114  upon satisfaction of all sanctions;
 1115         (c) The legal status of the career offender and the
 1116  scheduled termination date of that legal status;
 1117         (d) The location of, and local telephone number for, any
 1118  Department of Corrections’ office that is responsible for
 1119  supervising the career offender; and
 1120         (e) A digitized photograph of the career offender, which
 1121  must have been taken within 60 days before the career offender
 1122  is released from the custody of the department or a private
 1123  correctional facility or within 60 days after the onset of the
 1124  department’s supervision of any career offender who is on
 1125  probation, community control, mandatory supervision conditional
 1126  release, parole, provisional release, or control release. If the
 1127  career offender is in the custody or control of, or under the
 1128  supervision of, a private correctional facility, the facility
 1129  shall take a digitized photograph of the career offender within
 1130  the time period provided in this paragraph and shall provide the
 1131  photograph to the department.
 1132         Section 20. Section 944.70, Florida Statutes, is amended to
 1133  read:
 1134         944.70 Conditions for release from incarceration.—
 1135         (1)(a) A person who is convicted of a crime committed on or
 1136  after October 1, 1983, but before January 1, 1994, may be
 1137  released from incarceration only:
 1138         1. Upon expiration of the person’s sentence;
 1139         2. Upon expiration of the person’s sentence as reduced by
 1140  accumulated gain-time;
 1141         3. As directed by an executive order granting clemency;
 1142         4. Upon attaining the provisional release date;
 1143         5. Upon placement in a mandatory supervision conditional
 1144  release program pursuant to s. 947.1405; or
 1145         6. Upon the granting of control release pursuant to s.
 1146  947.146.
 1147         (b) A person who is convicted of a crime committed on or
 1148  after January 1, 1994, may be released from incarceration only:
 1149         1. Upon expiration of the person’s sentence;
 1150         2. Upon expiration of the person’s sentence as reduced by
 1151  accumulated meritorious or incentive gain-time;
 1152         3. As directed by an executive order granting clemency;
 1153         4. Upon placement in a mandatory supervision conditional
 1154  release program pursuant to s. 947.1405 or a conditional medical
 1155  release program pursuant to s. 947.149; or
 1156         5. Upon the granting of control release, including
 1157  emergency control release, pursuant to s. 947.146.
 1158         (2) A person who is convicted of a crime committed on or
 1159  after December 1, 1990, and who receives a control release date
 1160  may not refuse to accept the terms or conditions of control
 1161  release.
 1162         Section 21. Section 945.36, Florida Statutes, is amended to
 1163  read:
 1164         945.36 Exemption from health testing regulations for law
 1165  enforcement personnel conducting drug tests on inmates and
 1166  releasees.—
 1167         (1) Any law enforcement officer, state or county probation
 1168  officer, or employee of the Department of Corrections, who is
 1169  certified by the Department of Corrections pursuant to
 1170  subsection (2), is exempt from part I of chapter 483, for the
 1171  limited purpose of administering a urine screen drug test to:
 1172         (a) Persons during incarceration;
 1173         (b) Persons released as a condition of probation for either
 1174  a felony or misdemeanor;
 1175         (c) Persons released as a condition of community control;
 1176         (d) Persons released as a condition of mandatory
 1177  supervision conditional release;
 1178         (e) Persons released as a condition of parole;
 1179         (f) Persons released as a condition of provisional release;
 1180         (g) Persons released as a condition of pretrial release; or
 1181         (h) Persons released as a condition of control release.
 1182         (2) The Department of Corrections shall develop a procedure
 1183  for certification of any law enforcement officer, state or
 1184  county probation officer, or employee of the Department of
 1185  Corrections to perform a urine screen drug test on the persons
 1186  specified in subsection (1).
 1187         Section 22. Section 947.071, Florida Statutes, is amended
 1188  to read:
 1189         947.071 Rulemaking procedures; indexing of orders.—
 1190         (1) It is the intent of the Legislature that all rulemaking
 1191  procedures by the commission be conducted pursuant to the
 1192  Administrative Procedure Act, chapter 120.
 1193         (2) The only final orders of the commission which must
 1194  shall be indexed pursuant to chapter 120 are:
 1195         (a) Orders granting parole.
 1196         (b) Orders revoking parole.
 1197         (c) Orders restoring to supervision.
 1198         (d) Orders releasing from custody and further supervision.
 1199         (e) Early parole termination orders.
 1200         (f) Orders granting mandatory supervision conditional
 1201  release.
 1202         (g) Orders revoking mandatory supervision conditional
 1203  release.
 1204         Section 23. Paragraph (f) of subsection (1) of section
 1205  947.13, Florida Statutes, is amended to read:
 1206         947.13 Powers and duties of commission.—
 1207         (1) The commission shall have the powers and perform the
 1208  duties of:
 1209         (f) Establishing the terms and conditions of persons
 1210  released on mandatory supervision conditional release under s.
 1211  947.1405, and determining subsequent ineligibility for mandatory
 1212  supervision conditional release due to a violation of the terms
 1213  or conditions of mandatory supervision conditional release and
 1214  taking action with respect to such a violation.
 1215         Section 24. Section 947.141, Florida Statutes, is amended
 1216  to read:
 1217         947.141 Violations of mandatory supervision conditional
 1218  release, control release, or conditional medical release, or
 1219  addiction-recovery supervision.—
 1220         (1) If a member of the commission or a duly authorized
 1221  representative of the commission has reasonable grounds to
 1222  believe that an offender who is on release supervision under s.
 1223  947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
 1224  the terms and conditions of the release in a material respect,
 1225  such member or representative may cause a warrant to be issued
 1226  for the arrest of the releasee; if the offender was found to be
 1227  a sexual predator, the warrant must be issued.
 1228         (2) Upon the arrest on a felony charge of an offender who
 1229  is on release supervision under s. 947.1405, s. 947.146, s.
 1230  947.149, or s. 944.4731, the offender must be detained without
 1231  bond until the initial appearance of the offender at which a
 1232  judicial determination of probable cause is made. If the trial
 1233  court judge determines that there was no probable cause for the
 1234  arrest, the offender may be released. If the trial court judge
 1235  determines that there was probable cause for the arrest, such
 1236  determination also constitutes reasonable grounds to believe
 1237  that the offender violated the conditions of the release. Within
 1238  24 hours after the trial court judge’s finding of probable
 1239  cause, the detention facility administrator or designee shall
 1240  notify the commission and the department of the finding and
 1241  transmit to each a facsimile copy of the probable cause
 1242  affidavit or the sworn offense report upon which the trial court
 1243  judge’s probable cause determination is based. The offender must
 1244  continue to be detained without bond for a period not exceeding
 1245  72 hours excluding weekends and holidays after the date of the
 1246  probable cause determination, pending a decision by the
 1247  commission whether to issue a warrant charging the offender with
 1248  violation of the conditions of release. Upon the issuance of the
 1249  commission’s warrant, the offender must continue to be held in
 1250  custody pending a revocation hearing held in accordance with
 1251  this section.
 1252         (3) Within 45 days after notice to the Parole Commission of
 1253  the arrest of a releasee charged with a violation of the terms
 1254  and conditions of mandatory supervision conditional release,
 1255  control release, conditional medical release, or addiction
 1256  recovery supervision, the releasee must be afforded a hearing
 1257  conducted by a commissioner or a duly authorized representative
 1258  thereof. If the releasee elects to proceed with a hearing, the
 1259  releasee must be informed orally and in writing of the
 1260  following:
 1261         (a) The alleged violation with which the releasee is
 1262  charged.
 1263         (b) The releasee’s right to be represented by counsel.
 1264         (c) The releasee’s right to be heard in person.
 1265         (d) The releasee’s right to secure, present, and compel the
 1266  attendance of witnesses relevant to the proceeding.
 1267         (e) The releasee’s right to produce documents on the
 1268  releasee’s own behalf.
 1269         (f) The releasee’s right of access to all evidence used
 1270  against the releasee and to confront and cross-examine adverse
 1271  witnesses.
 1272         (g) The releasee’s right to waive the hearing.
 1273         (4) Within a reasonable time following the hearing, the
 1274  commissioner or the commissioner’s duly authorized
 1275  representative who conducted the hearing shall make findings of
 1276  fact in regard to the alleged violation. A panel of no fewer
 1277  than two commissioners shall enter an order determining whether
 1278  the charge of violation of mandatory supervision conditional
 1279  release, control release, conditional medical release, or
 1280  addiction-recovery supervision has been sustained based upon the
 1281  findings of fact presented by the hearing commissioner or
 1282  authorized representative. By such order, the panel may revoke
 1283  mandatory supervision conditional release, control release,
 1284  conditional medical release, or addiction-recovery supervision
 1285  and thereby return the releasee to prison to serve the sentence
 1286  imposed, reinstate the original order granting the release, or
 1287  enter such other order as it considers proper. Effective for
 1288  inmates whose offenses were committed on or after July 1, 1995,
 1289  the panel may order the placement of a releasee, upon a finding
 1290  of violation pursuant to this subsection, into a local detention
 1291  facility as a condition of supervision.
 1292         (5) Effective for inmates whose offenses were committed on
 1293  or after July 1, 1995, notwithstanding the provisions of ss.
 1294  775.08, former 921.001, 921.002, 921.187, 921.188, 944.02, and
 1295  951.23, or any other law to the contrary, by such order as
 1296  provided in subsection (4), the panel, upon a finding of guilt,
 1297  may, as a condition of continued supervision, place the releasee
 1298  in a local detention facility for a period of incarceration not
 1299  to exceed 22 months. Prior to the expiration of the term of
 1300  incarceration, or upon recommendation of the chief correctional
 1301  officer of that county, the commission shall cause inquiry into
 1302  the inmate’s release plan and custody status in the detention
 1303  facility and consider whether to restore the inmate to
 1304  supervision, modify the conditions of supervision, or enter an
 1305  order of revocation, thereby causing the return of the inmate to
 1306  prison to serve the sentence imposed. The provisions of This
 1307  section does do not prohibit the panel from entering such other
 1308  order or conducting any investigation that it deems proper. The
 1309  commission may only place a person in a local detention facility
 1310  pursuant to this section only if there is a contractual
 1311  agreement between the chief correctional officer of that county
 1312  and the Department of Corrections. The agreement must provide
 1313  for a per diem reimbursement for each person placed under this
 1314  section, which is payable by the Department of Corrections for
 1315  the duration of the offender’s placement in the facility. This
 1316  section does not limit the commission’s ability to place a
 1317  person in a local detention facility for less than 1 year.
 1318         (6) Whenever a mandatory supervision conditional release,
 1319  control release, conditional medical release, or addiction
 1320  recovery supervision is revoked by a panel of no fewer than two
 1321  commissioners and the releasee is ordered to be returned to
 1322  prison, the releasee, by reason of the misconduct, shall be
 1323  deemed to have forfeited all gain-time or commutation of time
 1324  for good conduct, as provided for by law, earned up to the date
 1325  of release. However, if a conditional medical release is revoked
 1326  due to the improved medical or physical condition of the
 1327  releasee, the releasee does shall not forfeit gain-time accrued
 1328  before the date of conditional medical release. This subsection
 1329  does not deprive the prisoner of the right to gain-time or
 1330  commutation of time for good conduct, as provided by law, from
 1331  the date of return to prison.
 1332         (7) If a law enforcement officer has probable cause to
 1333  believe that an offender who is on release supervision under s.
 1334  947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
 1335  the terms and conditions of his or her release by committing a
 1336  felony offense, the officer shall arrest the offender without a
 1337  warrant, and a warrant need not be issued in the case.
 1338         Section 25. Paragraphs (a) and (f) of subsection (2) of
 1339  section 947.16, Florida Statutes, are amended to read:
 1340         947.16 Eligibility for parole; initial parole interviews;
 1341  powers and duties of commission.—
 1342         (2) The following special types of cases shall have their
 1343  initial parole interview as follows:
 1344         (a) An initial interview may be postponed for a period not
 1345  to exceed 90 days. Such postponement shall be for good cause,
 1346  which includes shall include, but need not be limited to, the
 1347  need for the department to obtain a presentence or postsentence
 1348  investigation report or a probation or parole or mandatory
 1349  supervision conditional release violation report. The reason for
 1350  postponement shall be noted in writing and included in the
 1351  official record. No postponement for good cause shall result in
 1352  an initial interview being conducted later than 90 days after
 1353  the inmate’s initially scheduled initial interview.
 1354         (f) An initial interview may be held at the discretion of
 1355  the commission after the entry of a commission order to revoke
 1356  parole or mandatory supervision conditional release.
 1357         Section 26. Subsection (2) of section 947.22, Florida
 1358  Statutes, is amended to read:
 1359         947.22 Authority to arrest parole violators with or without
 1360  warrant.—
 1361         (2) Any parole and probation officer, when she or he has
 1362  reasonable ground to believe that a parolee, control releasee,
 1363  or mandatory supervision participant conditional releasee has
 1364  violated the terms and conditions of her or his parole, control
 1365  release, or mandatory supervision conditional release in a
 1366  material respect, has the right to arrest the releasee or
 1367  parolee without warrant and bring her or him forthwith before
 1368  one or more commissioners or a duly authorized representative of
 1369  the Parole Commission or Control Release Authority; and
 1370  proceedings shall thereupon be had as provided herein when a
 1371  warrant has been issued by a member of the commission or
 1372  authority or a duly authorized representative of the commission
 1373  or authority.
 1374         Section 27. Section 947.24, Florida Statutes, is amended to
 1375  read:
 1376         947.24 Discharge from parole supervision or release
 1377  supervision.—
 1378         (1) When a person is placed on parole, control release, or
 1379  mandatory supervision conditional release, the commission shall
 1380  determine the period of time the person will be under parole
 1381  supervision or release supervision in the following manner:
 1382         (a) If the person is being paroled or released under
 1383  supervision from a single or concurrent sentence, the period of
 1384  time the person will be under parole supervision or release
 1385  supervision may not exceed 2 years unless the commission
 1386  designates a longer period of time, in which case it must advise
 1387  the parolee or releasee in writing of the reasons for the
 1388  extended period. In any event, the period of parole supervision
 1389  or release supervision may not exceed the maximum period for
 1390  which the person has been sentenced.
 1391         (b) If the person is being paroled or released under
 1392  supervision from a consecutive sentence or sentences, the period
 1393  of time the person will be under parole supervision or release
 1394  supervision will be for the maximum period for which the person
 1395  was sentenced.
 1396         (2) The commission shall review the progress of each person
 1397  who has been placed on parole, control release, or mandatory
 1398  supervision conditional release after 2 years of supervision in
 1399  the community and biennially thereafter. The department shall
 1400  provide to the commission the information necessary to conduct
 1401  such a review. Such review must include consideration of whether
 1402  to modify the reporting schedule, thereby authorizing the person
 1403  under parole supervision or release supervision to submit
 1404  reports quarterly, semiannually, or annually. The commission,
 1405  after having retained jurisdiction of a person for a sufficient
 1406  length of time to evidence satisfactory rehabilitation and
 1407  cooperation, may further modify the terms and conditions of the
 1408  person’s parole, control release, or mandatory supervision
 1409  conditional release, may discharge the person from parole
 1410  supervision or release supervision, may relieve the person from
 1411  making further reports, or may permit the person to leave the
 1412  state or country, upon finding that such action is in the best
 1413  interests of the person and society.
 1414         (3) This section does not affect the rights of a parolee to
 1415  request modification of the terms and conditions of parole under
 1416  s. 947.19.
 1417         Section 28. Paragraph (a) of subsection (1) and subsection
 1418  (3) of section 948.09, Florida Statutes, are amended to read:
 1419         948.09 Payment for cost of supervision and rehabilitation.—
 1420         (1)(a)1. Any person ordered by the court, the Department of
 1421  Corrections, or the parole commission to be placed on probation,
 1422  drug offender probation, community control, parole, control
 1423  release, provisional release supervision, addiction-recovery
 1424  supervision, or mandatory supervision conditional release
 1425  supervision under chapter 944, chapter 945, chapter 947, this
 1426  chapter 948, or chapter 958, or in a pretrial intervention
 1427  program, must, as a condition of any placement, pay the
 1428  department a total sum of money equal to the total month or
 1429  portion of a month of supervision times the court-ordered
 1430  amount, but not to exceed the actual per diem cost of the
 1431  supervision. The department shall adopt rules by which an
 1432  offender who pays in full and in advance of regular termination
 1433  of supervision may receive a reduction in the amount due. The
 1434  rules shall incorporate provisions by which the offender’s
 1435  ability to pay is linked to an established written payment plan.
 1436  Funds collected from felony offenders may be used to offset
 1437  costs of the Department of Corrections associated with community
 1438  supervision programs, subject to appropriation by the
 1439  Legislature.
 1440         2. In addition to any other contribution or surcharge
 1441  imposed by this section, each felony offender assessed under
 1442  this paragraph shall pay a $2-per-month surcharge to the
 1443  department. The surcharge shall be deemed to be paid only after
 1444  the full amount of any monthly payment required by the
 1445  established written payment plan has been collected by the
 1446  department. These funds shall be used by the department to pay
 1447  for correctional probation officers’ training and equipment,
 1448  including radios, and firearms training, firearms, and attendant
 1449  equipment necessary to train and equip officers who choose to
 1450  carry a concealed firearm while on duty. Nothing in This
 1451  subparagraph does not shall be construed to limit the
 1452  department’s authority to determine who shall be authorized to
 1453  carry a concealed firearm while on duty, or to limit the right
 1454  of a correctional probation officer to carry a personal firearm
 1455  approved by the department.
 1456         (3) Any failure to pay contribution as required under this
 1457  section may constitute a ground for the revocation of probation
 1458  by the court, the revocation of parole or mandatory supervision
 1459  conditional release by the Parole Commission, the revocation of
 1460  control release by the Control Release Authority, or removal
 1461  from the pretrial intervention program by the state attorney.
 1462  The Department of Corrections may exempt a person from the
 1463  payment of all or any part of the contribution if it finds any
 1464  of the following factors to exist:
 1465         (a) The offender has diligently attempted, but has been
 1466  unable, to obtain employment that which provides him or her
 1467  sufficient income to make such payments.
 1468         (b) The offender is a student in a school, college,
 1469  university, or course of career training designed to fit the
 1470  student for gainful employment. Certification of such student
 1471  status shall be supplied to the Secretary of Corrections by the
 1472  educational institution in which the offender is enrolled.
 1473         (c) The offender has an employment handicap, as determined
 1474  by a physical, psychological, or psychiatric examination
 1475  acceptable to, or ordered by, the secretary.
 1476         (d) The offender’s age prevents him or her from obtaining
 1477  employment.
 1478         (e) The offender is responsible for the support of
 1479  dependents, and the payment of such contribution constitutes an
 1480  undue hardship on the offender.
 1481         (f) The offender has been transferred outside the state
 1482  under an interstate compact adopted pursuant to chapter 949.
 1483         (g) There are other extenuating circumstances, as
 1484  determined by the secretary.
 1485         Section 29. Section 948.32, Florida Statutes, is amended to
 1486  read:
 1487         948.32 Requirements of law enforcement agency upon arrest
 1488  of persons for certain sex offenses.—
 1489         (1) When any state or local law enforcement agency
 1490  investigates or arrests a person for committing, or attempting,
 1491  soliciting, or conspiring to commit, a violation of s.
 1492  787.025(2)(c), chapter 794, s. 796.03, s. 800.04, s. 827.071, s.
 1493  847.0133, s. 847.0135, or s. 847.0145, the law enforcement
 1494  agency shall contact the Department of Corrections to verify
 1495  whether the person under investigation or under arrest is on
 1496  probation, community control, parole, mandatory supervision
 1497  conditional release, or control release.
 1498         (2) If the law enforcement agency finds that the person
 1499  under investigation or under arrest is on probation, community
 1500  control, parole, mandatory supervision conditional release, or
 1501  control release, the law enforcement agency shall immediately
 1502  notify the person’s probation officer or release supervisor of
 1503  the investigation or the arrest.
 1504         Section 30. Subsection (6) of section 957.06, Florida
 1505  Statutes, is amended to read:
 1506         957.06 Powers and duties not delegable to contractor.—A
 1507  contract entered into under this chapter does not authorize,
 1508  allow, or imply a delegation of authority to the contractor to:
 1509         (6) Make recommendations to the Parole Commission with
 1510  respect to the denial or granting of parole, control release,
 1511  mandatory supervision conditional release, or conditional
 1512  medical release. However, the contractor may submit written
 1513  reports to the Parole Commission and must respond to a written
 1514  request by the Parole Commission for information.
 1515         Section 31. This act shall take effect July 1, 2013.