Click here to return to the page you were visiting. Sorry we could not verify that email address. Enter your email below and we'll send you another email. Security and medical staff responded to the incident to perform lifesaving measures, but the FDC says two inmates were pronounced deceased. Sunday visitation at the facility has been canceled.
Sign in using your wjax profile Need a profile? Welcome back. Use another account. Each correctional institution and facility shall be audited at least annually. The secretary shall annually report the audit findings to the Governor and the Legislature. Such persons shall be delivered to the custody of the department at such reception and classification centers as shall be provided for this purpose.
When the highest ranking offense for which the prisoner is convicted is a felony, the trial court shall sentence the prisoner pursuant to the Criminal Punishment Code in chapter When the highest ranking offense for which the prisoner is convicted is a misdemeanor, the trial court shall sentence the prisoner pursuant to s. The department shall adopt the uniform judgment and sentence forms as promulgated by the Supreme Court in Rule 3.
Available information shall be transmitted on standard forms developed by the department. The sheriff or chief correctional officer, or a designated representative, shall present a copy of the order to appropriate officers at the facility housing the prisoner prior to assuming temporary custody of the prisoner.
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Neither the court nor the sheriff or chief correctional officer may release such prisoner without first obtaining confirmation from the department that the prisoner has no commitments from other jurisdictions or outstanding detainers. Upon return to a state correctional institution, the inmate must be reclassified based on ss.
A termination date. Provisions concerning the costs of inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs, or treatment, including those costs not reasonably included as part of normal maintenance. Provisions concerning participation in programs of inmate employment, if any, the disposition or crediting of any payments received by inmates on account of employment, and the crediting of proceeds or disposal of any products resulting from employment.
Provisions for the delivery and retaking of inmates. A provision for a waiver of extradition by the parties to the contract. Retention of jurisdiction of the inmates transferred by Florida. Regular reporting procedures concerning Florida inmates by officials of the state, political subdivision, or correctional management services vendor with which the department is contracting. Provisions concerning procedures for community supervision, including probation, parole, conditional release, and discharge. The same standards of reasonable and humane care as the inmates would receive in an appropriate institution in this state.
Any other matters that are necessary and appropriate to establish the obligations, responsibilities, and rights of Florida and the state, political subdivision, or correctional management services vendor with which the department is contracting.
Florida Department of Corrections
The initial inmate classification questionnaire and the inmate reclassification questionnaire must cover both aggravating and mitigating factors. If any items prove to be invalid, the department may revise either questionnaire as needed. Such an inmate shall be assigned to a facility for youthful offenders until the inmate is 18 years of age; however, the department may assign the inmate to a facility for youthful offenders until the inmate reaches an age not to exceed 21 years if the department determines that the continued assignment is in the best interests of the inmate and the assignment does not pose an unreasonable risk to other inmates in the facility.
No other person not otherwise authorized by law shall be permitted to enter a state correctional institution except under such regulations as the department may prescribe. Permission shall not be unreasonably withheld from those who give sufficient evidence to the department that they are bona fide reporters or writers.
The department shall ensure that women inmates are given opportunities for exercise, recreation, and visitation privileges according to the same standards as those privileges are provided for men. Women inmates shall be given opportunities to participate in work-release programs which are comparable to the opportunities provided for male inmates and shall be eligible for early release according to the same standards and procedures under which male inmates are eligible for early release. The department shall ensure that a pregnant inmate receives supplemental food and clothing and is excused from inappropriate work assignments.
For purposes of this section, the term includes any woman detained under the immigration laws of the United States at any correctional institution. The physician may request that restraints not be used for documentable medical purposes. The correctional officer, correctional institution employee, or other officer accompanying the pregnant prisoner may consult with the medical staff; however, if the officer determines there is an extraordinary public safety risk, the officer is authorized to apply restraints as limited by subparagraph 2.
Under no circumstances shall leg, ankle, or waist restraints be used on any pregnant prisoner who is in labor or delivery. The type of restraint applied and the application of the restraint must be done in the least restrictive manner necessary; and. The corrections official shall make written findings within 10 days after the use of restraints as to the extraordinary circumstance that dictated the use of the restraints. These findings shall be kept on file by the department or correctional institution for at least 5 years. Leg, ankle, and waist restraints may not be used; and.
If wrist restraints are used, they must be applied in the front so the pregnant prisoner is able to protect herself in the event of a forward fall. Feminine hygiene products, including tampons. Moisturizing soap that is not lye-based. Any other health care product the correctional facility deems appropriate. A correctional facility may not require that a woman be diagnosed with an illness in order to access health care products. A correctional facility shall make health care products available in common housing areas and in medical care facilities. If a female correctional facility employee is not available or if a female correctional facility employee requires assistance, a male correctional facility employee may enter such area only in the event of a medical emergency or if an incarcerated woman presents an immediate risk of harm to herself or others.
The correctional facility shall review and retain all documentation. In establishing this date, the department shall reduce the total time to be served by any time lawfully credited.
The initial tentative release date shall be determined by deducting basic gain-time granted from the maximum sentence expiration date. Other gain-time shall be applied when granted or restored to make the tentative release date proportionately earlier; and forfeitures of gain-time, when ordered, shall be applied to make the tentative release date proportionately later.
Portions of any sentences to be served concurrently shall be treated as a single sentence when determining basic gain-time. Basic gain-time for a partial month shall be prorated on the basis of a day month. When a prisoner receives a new maximum sentence expiration date because of additional sentences imposed, basic gain-time shall be granted for the amount of time the maximum sentence expiration date was extended.
For sentences imposed for offenses committed prior to January 1, , up to 20 days of incentive gain-time may be granted. If granted, such gain-time shall be credited and applied monthly. For sentences imposed for offenses committed on or after January 1, , and before October 1, a. For offenses ranked in offense severity levels 1 through 7, under former s. For offenses ranked in offense severity levels 8, 9, and 10, under former s.
For sentences imposed for offenses committed on or after October 1, , the department may grant up to 10 days per month of incentive gain-time. Under no circumstances may an inmate receive more than 60 days for educational attainment pursuant to this section.
For purposes of this paragraph, credits awarded by the court for time physically incarcerated shall be credited toward satisfaction of 85 percent of the sentence imposed. Except as provided by this section, a prisoner may not accumulate further gain-time awards at any point when the tentative release date is the same as that date at which the prisoner will have served 85 percent of the sentence imposed. State prisoners sentenced to life imprisonment shall be incarcerated for the rest of their natural lives, unless granted pardon or clemency.
Release dates of all inmates with 1 or more days of such awards shall be extended by the length of time equal to the number of days of administrative gain-time and provisional credits which were canceled. Offenders who are under provisional release supervision as of the effective date of this section shall be subject to the terms and conditions established at the time of release until such offenders have been discharged from supervision. Offenders who have warrants outstanding based on violation of supervision as of the effective date of this section, or who violate terms of supervision subsequent to enactment of this section, shall be terminated from supervision and returned to custody.
A prisoner who is found by a court to have brought a frivolous or malicious suit, action, claim, proceeding, or appeal in any court of this state or in any federal court, which is filed after June 30, , or to have brought a frivolous or malicious collateral criminal proceeding, which is filed after September 30, , or who knowingly or with reckless disregard for the truth brought false information or evidence before the court, is subject to disciplinary procedures pursuant to the rules of the Department of Corrections.
The court shall issue a written finding and direct that a certified copy be forwarded to the appropriate institution or facility for disciplinary procedures pursuant to the rules of the department as provided in s. A copy of such charge shall be delivered to the prisoner, and he or she shall be given notice of a hearing before the disciplinary committee created under the authorization of rules heretofore or hereafter adopted by the department for the institution in which he or she is confined.
The prisoner shall be present at the hearing. If at such hearing the prisoner pleads guilty to the charge or if the committee determines that the prisoner is guilty thereof upon the basis of proof presented at such hearing, it shall find him or her guilty. Such report shall be presented to the warden of the institution, who may approve such recommendation in whole or in part by endorsing such approval on the report. In the event of approval, the warden shall forward the report to the department. Thereupon, the department may, in its discretion, declare the forfeiture thus approved by the warden or any specified part thereof.
The department shall adopt rules to administer the provisions of this section. It is the intent of the Legislature to restrict the use of weight training equipment for those inmates who have committed disciplinary infractions within the previous days or have not completed work assignments as determined by the department. Any released prisoner who is not under further supervision and control of the department or who is not subject to any statute relating to parole shall be eligible, on a voluntary basis, for any assistance available to him or her through any parole or probation office under the department.
Not fewer than 90 days prior to the tentative release date or provisional release date, whichever is earlier, the department shall provide the commission with the name and inmate identification number for each eligible inmate. X of the State Constitution, the civil rights of the person convicted shall be suspended in Florida until such rights are restored by a full pardon, conditional pardon, or restoration of civil rights granted pursuant to s.
IV of the State Constitution. Notwithstanding the suspension of civil rights, such a convicted person may obtain restoration of his or her voting rights pursuant to s. VI of the State Constitution and s. I of the State Constitution, until restoration of her or his civil rights. The office of the inspector general shall be charged with the duty of inspecting the penal and correctional systems of the state. The office of the inspector general shall inspect each correctional institution or any place in which state prisoners are housed, worked, or kept within the state, with reference to its physical conditions, cleanliness, sanitation, safety, and comfort; the quality and supply of all bedding; the quality, quantity, and diversity of food served and the manner in which it is served; the number and condition of the prisoners confined therein; and the general conditions of each institution.
The office of inspector general shall see that all the rules and regulations issued by the department are strictly observed and followed by all persons connected with the correctional systems of the state. The office of the inspector general shall coordinate and supervise the work of inspectors throughout the state.
The inspector general and inspectors may enter any place where prisoners in this state are kept and shall be immediately admitted to such place as they desire and may consult and confer with any prisoner privately and without molestation. The inspector general and inspectors shall be responsible for criminal and administrative investigation of matters relating to the Department of Corrections. The secretary may designate persons within the office of the inspector general as law enforcement officers to conduct any criminal investigation that occurs on property owned or leased by the department or involves matters over which the department has jurisdiction.
A person designated as a law enforcement officer must be certified pursuant to s. The department shall maintain a memorandum of understanding with the Department of Law Enforcement for the notification and investigation of mutually agreed-upon predicate events that shall include, but are not limited to, suspicious deaths and organized criminal activity. During investigations, the inspector general and inspectors may consult and confer with any prisoner or staff member privately and without molestation and persons designated as law enforcement officers under this section shall have the authority to arrest, with or without a warrant, any prisoner of or visitor to a state correctional institution for a violation of the criminal laws of the state involving an offense classified as a felony that occurs on property owned or leased by the department and may arrest offenders who have escaped or absconded from custody.
Persons designated as law enforcement officers have the authority to arrest with or without a warrant a staff member of the department, including any contract employee, for a violation of the criminal laws of the state involving an offense classified as a felony under this chapter or chapter on property owned or leased by the department.
A person designated as a law enforcement officer under this section may make arrests of persons against whom arrest warrants have been issued, including arrests of offenders who have escaped or absconded from custody. The arrested person shall be surrendered without delay to the sheriff of the county in which the arrest is made, with a formal complaint subsequently made against her or him in accordance with law.
One copy of each report shall be filed with the department, one copy shall be sent to the officer in charge of the correctional institution, and as many other copies as the department shall require; these reports shall be matters of public record and subject to inspection by the public at any time. If any prison inspector shall knowingly make a false report of his or her findings, he or she shall be guilty of a felony of the third degree, punishable as provided in s.
To defend himself or herself or another against such other imminent use of unlawful force;. To prevent a person from escaping from a state correctional institution when the officer reasonably believes that person is lawfully detained in such institution;. To prevent damage to property;.
To quell a disturbance;. To overcome physical resistance to a lawful command; or. To administer medical treatment only by or under the supervision of a physician or his or her designee and only: a.
When treatment is necessary to protect the health of other persons, as in the case of contagious or venereal diseases; or. When treatment is offered in satisfaction of a duty to protect the inmate against self-inflicted injury or death. Any noticeable physical injury shall be examined by a physician, and the physician shall prepare a report documenting the extent and probable cause of the injury and the treatment prescribed.
Such report shall be completed within 5 working days of the incident and shall be submitted to the warden for appropriate investigation. The report shall be delivered to the warden or the circuit administrator, who shall forward the report with all appropriate documentation to the office of the inspector general. The inspector general shall conduct a review and make recommendations regarding the appropriateness or inappropriateness of the use of force.
If the inspector general finds that the use of force was inappropriate, the inspector general shall conduct a complete investigation into the incident and forward the findings of fact to the appropriate regional director for further action. Any employee of the department who, with malicious intent, commits a battery upon an inmate or an offender supervised by the department in the community, commits a misdemeanor of the first degree, punishable as provided in s. Any employee of the department who, with malicious intent, commits a battery or inflicts cruel or inhuman treatment by neglect or otherwise, and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to an inmate or an offender supervised by the department in the community, commits a felony of the third degree, punishable as provided in s.
Any employee of the department or a private correctional facility as defined in s. The consent of the inmate or offender supervised by the department in the community to any act of sexual misconduct may not be raised as a defense to a prosecution under this paragraph. This paragraph does not apply to any employee of the department or any employee of a private correctional facility who is legally married to an inmate or an offender supervised by the department in the community, nor does it apply to any employee who has no knowledge, and would have no reason to believe, that the person with whom the employee has engaged in sexual misconduct is an inmate or an offender under community supervision of the department.
The report shall be delivered to the inspector general of the department with a copy to be delivered to the warden of the institution or the regional administrator. The inspector general shall immediately conduct an appropriate investigation, and, if probable cause is determined that a violation of this subsection has occurred, the respective state attorney in the circuit in which the incident occurred shall be notified. Whoever violates this section shall be guilty of a misdemeanor of the first degree, punishable as provided in s.
An officer or employee of the department or the state may not have an interest, directly or indirectly, in any contract or purchase made, or authorized to be made, by anyone for or on behalf of the department. No person shall, by disguise, misrepresentation of identity or other illicit means, attempt to gain admission to or enter upon the grounds of any state correctional institution for the purpose of visiting any prisoner in violation of the general visiting policy adopted by the department. A person, upon conviction of an offense as outlined in this section, shall be guilty of a misdemeanor of the second degree, punishable as provided in s.
Any peace officer or any correctional officer of the department or any prison inspector or any employee of the department may arrest without warrant any person violating the provisions of this section. The punishment of imprisonment imposed under this section shall run consecutive to any former sentence imposed upon any prisoner. The warden of the institution from which the inmate escaped shall determine the amount of the reward. Employees of state, county, and municipal law enforcement or correctional agencies who are engaged in the apprehension, detection, or detention of prisoners are not eligible to receive such rewards.
Any written or recorded communication or any currency or coin given or transmitted, or intended to be given or transmitted, to any inmate of any state correctional institution. Any article of food or clothing given or transmitted, or intended to be given or transmitted, to any inmate of any state correctional institution.
Any intoxicating beverage or beverage which causes or may cause an intoxicating effect. Any controlled substance as defined in s. Any firearm or weapon of any kind or any explosive substance. Any cellular telephone or other portable communication device intentionally and unlawfully introduced inside the secure perimeter of any state correctional institution without prior authorization or consent from the officer in charge of such correctional institution. The term also includes any new technology that is developed for similar purposes.
Excluded from this definition is any device having communication capabilities which has been approved or issued by the department for investigative or institutional security purposes or for conducting other state business. Otherwise, a violation of this section is a felony of the second degree, punishable as provided in s. The department shall also adopt rules relating to fair, economical, and accurate operations and procedures of a random inmate substance abuse testing program and a reasonable suspicion substance abuse testing program by urinalysis or other noninvasive procedure which enumerate penalties for positive test results, including but not limited to the forfeiture of both basic and incentive gain-time, and which do not limit the number of times an inmate may be tested in any one fiscal or calendar year.
A right to substance abuse program services is not stated, intended, or otherwise implied by this chapter. Criteria for mandated substance abuse program services shall be based on: 1. The presence of a diagnosed psychoactive substance dependence or use disorder;. The severity of the addiction;.
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A history of criminal behavior related to substance abuse;. A recommendation by a sentencing authority for substance abuse program services;. Unsuccessful participation in community-based substance abuse services;. Sentencing by a drug court or drug division; and. Other classification or program criteria that the department finds will ensure security and optimal program placement. A history of substance abuse or addiction;. Participated in any drug treatment;. No current or previous convictions for a violent offense;.
No current or previous convictions for drug trafficking or for the unlawful sale of a controlled substance;. No current or previous convictions for a property offense, except for a conviction for: a. Passing worthless checks, forgery, uttering, or counterfeiting;. Third degree felony grand theft, excluding a theft relating to firearms; or. Third degree felony burglary of an unoccupied structure or conveyance; and. No current or previous conviction for a traffic offense involving injury or death. If an offender has received a term of probation or community control to be served after release from incarceration, the period of probation or community control may not be substituted for addiction-recovery supervision and shall follow the term of addiction-recovery supervision.
A panel of not fewer than two commissioners shall establish the terms and conditions of supervision, and the terms and conditions must be included in the supervision order. In setting the terms and conditions of supervision, the commission shall weigh heavily the program requirements, including, but not limited to, work at paid employment while participating in treatment and traveling restrictions.
The commission shall also determine whether an offender violates the terms and conditions of supervision and whether a violation warrants revocation of addiction-recovery supervision pursuant to s. The commission may impose any special conditions it considers warranted from its review of the record.
The length of supervision may not exceed the maximum penalty imposed by the court. Provide postrelease housing, programming, treatment, and other transitional services;.
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Emphasize job placement and gainful employment for program participants;. Provide a curriculum related to substance abuse treatment which uses a cognitive behavior model or step model of addiction recovery;. Provide for a length of stay of not more than 12 months; and. Use community volunteers in operating the program to the greatest extent possible. To measure the success of postrelease job placement, the department shall, as part of its annual report, track for 1 year offenders who successfully complete the program and shall determine their employment status.
If an offender is approved for placement, the specialist shall assist the offender and coordinate the release of the offender with the selected program. If an offender requests and is approved for placement in a contracted faith-based substance abuse transition housing program, the specialist must consult with the chaplain prior to such placement. A right to substance abuse program services is not stated, intended, or otherwise implied by this section.
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Failure to comply with such rules or conditions may result in revocation of supervision pursuant to s. A healthy workforce is a productive workforce, and security of the state correctional system can best be provided by strong and healthy employees. The Department of Corrections may develop and implement an employee wellness program. The program may include, but is not limited to, wellness education, smoking cessation, nutritional education, and overall health-risk reduction, including the effects of using drugs and alcohol.
An employee of the department may not be under the influence of alcohol while on duty. In order to ensure that these prohibitions are adhered to by all employees of the department and notwithstanding s. The department may randomly evaluate employees for the contemporaneous use or influence of alcohol through the use of alcohol tests and observation methods. Notwithstanding s. The reasonable suspicion drug testing authorized by this subsection shall be conducted in accordance with s.
The department shall adopt rules pursuant to ss.
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A conviction shall be defined as a guilty verdict by a jury or judge, or a guilty or nolo contendere plea by the defendant, regardless of adjudication of guilt. The lien shall attach at the time of the conviction in county or circuit court. In the event of an appeal, the funds will be held in the Revolving Escrow Trust Fund of the Department of Legal Affairs until the appeal is resolved. If there are no dependents, this portion shall be distributed to the Crimes Compensation Trust Fund to be distributed as awards for crime victims. If there are no victims or dependents, or if their damages are less than 25 percent of the proceeds, this portion, or its remainder, shall be distributed to the Crimes Compensation Trust Fund to be distributed as awards to crime victims.
Additional costs shall be assessed for the computed per capita cost of imprisonment or supervision by the state or county correctional system. Such costs shall be determined and certified by the prosecuting attorney and the imprisoning entity and subject to review by the Auditor General. A conviction is defined as in subsection 1.
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The lien shall be attached by order of the judge at the time of the conviction in county or circuit court. In the event of an appeal, the funds shall be held in the Revolving Escrow Trust Fund of the Department of Legal Affairs until the appeal is resolved. Upon such notification, the Department of Legal Affairs is authorized and directed to take such legal action as is necessary to perfect and enforce the lien created by this section. In carrying out the provisions of this section, the department may delegate any of its enumerated powers and duties affecting inmates of an institution to the warden or regional director who shall personally, or through designated employees of his or her personal staff under his or her direct supervision, exercise such powers or perform such duties.
Such use of interest may be made only if, pursuant to a thorough investigation as part of the normal auditing process, the internal auditor of the department recommends in a written report that such use is appropriate. The report may also recommend other action, including prosecution, with respect to any missing funds. If the internal auditor of the department concludes that the department is at fault, the loss shall be replaced out of department funds; interest from the inmate trust fund may not be used to replace such loss. If the inmate account has a zero balance at the end of the billing cycle, a hold will be established to collect the processing fee when available.
Each prisoner shall be taken into custody by the transport company for the purpose of transportation and then delivered by the same transport company to the proper law enforcement official upon arriving at the point of destination. Any private transport company transporting a prisoner pursuant to this section shall be considered an independent contractor and shall be solely liable for the prisoner while she or he is in the custody of such company.
The curriculum for such training must be approved by the department and include instruction in: 1. Use of restraints;. Searches of prisoners;. Use of force, including use of appropriate weapons and firearms;. Cardiopulmonary resuscitation;. Map reading; and. Defensive driving. This section does not imply any repeal or modification of any provision of law relating to notification of victims. If a private correctional facility makes the digitized photograph, this photograph shall be provided to the Department of Corrections.
The department shall provide a copy of the digitized photograph to a local law enforcement agency upon request. Social security number. Date of birth. Hair and eye color. Tattoos or other identifying marks. A digitized photograph as provided in subsection 2. A replacement driver license shall be provided in lieu of a state identification card when an inmate has a valid state driver license issued by the Department of Highway Safety and Motor Vehicles which was lost, stolen, or destroyed.
The department determines have a valid driver license or state identification card, except that the department shall provide these inmates with a replacement state identification card or replacement driver license, if necessary. Have an active detainer, unless the department determines that cancellation of the detainer is likely or that the incarceration for which the detainer was issued will be less than 12 months in duration.
Are released due to an emergency release or a conditional medical release under s. Are not in the physical custody of the department at or within days before release. Are subject to sex offender residency restrictions, and who, upon release under such restrictions, do not have a qualifying address. A conviction for a similar offense includes, but is not limited to, a conviction by a federal or military tribunal, including courts-martial conducted by the Armed Forces of the United States, and includes a conviction or entry of a plea of guilty or nolo contendere resulting in a sanction in any state of the United States or other jurisdiction.
A sanction includes, but is not limited to, a fine; probation; community control; parole; conditional release; control release; or incarceration in a state prison, federal prison, private correctional facility, or local detention facility. Releasing sexual offender information to law enforcement agencies and to persons who request such information, and releasing such information to the public by a law enforcement agency or public agency, will further the governmental interests of public safety.
The department shall notify the Department of Law Enforcement if the sexual offender escapes, absconds, or dies. The department may provide any other information deemed necessary, including criminal and corrections records, nonprivileged personnel and treatment records, when available.
The sheriff of the county from where the sexual offender was sentenced;. The sheriff of the county and, if applicable, the police chief of the municipality, where the sexual offender plans to reside;. The Florida Department of Law Enforcement;. Any person who requests such information,. The sheriff of the county from where the sexual offender was sentenced; and. The sheriff of the county and, if applicable, the police chief of the municipality, where the sexual offender plans to reside,. I of the State Constitution. Conviction of a similar offense includes, but is not limited to, a conviction by a federal or military tribunal, including courts-martial conducted by the Armed Forces of the United States, and includes a conviction or entry of a plea of guilty or nolo contendere resulting in a sanction in any state of the United States or other jurisdiction.
On or after October 1, , as a result of a conviction for committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes in this state or similar offenses in another jurisdiction: s. Who establishes or maintains a residence in this state and who has not been designated as a sexual predator by a court of this state but who has been designated as a sexual predator, as a sexually violent predator, or by another sexual offender designation in another state or jurisdiction and was, as a result of such designation, subjected to registration or community or public notification, or both, or would be if the person were a resident of that state or jurisdiction, without regard as to whether the person otherwise meets the criteria for registration as a sexual offender.
The Department of Law Enforcement may include on its Internet site such special conditions or restrictions.