Florida Senate - 2013                                    SB 1704
       
       
       
       By Senator Thompson
       
       
       
       
       12-01159-13                                           20131704__
    1                        A bill to be entitled                      
    2         An act relating to inmate reentry; providing
    3         definitions; directing the Department of Corrections
    4         to develop and administer a reentry program for
    5         nonviolent offenders which is intended to divert
    6         nonviolent offenders from long periods of
    7         incarceration; requiring that the program include
    8         intensive substance abuse treatment and rehabilitative
    9         programming; providing for the minimum length of
   10         service in the program; providing that any portion of
   11         a sentence before placement in the program does not
   12         count as progress toward program completion;
   13         specifying eligibility criteria for a nonviolent
   14         offender to be placed into the reentry program;
   15         directing the court to screen and select eligible
   16         offenders for the program based on specified
   17         considerations; directing the department to notify the
   18         nonviolent offender’s sentencing court to obtain
   19         approval before the nonviolent offender is placed into
   20         the reentry program; requiring the department to
   21         notify the state attorney; authorizing the state
   22         attorney to file objections to placing the offender
   23         into the reentry program within a specified period;
   24         requiring the sentencing court to notify the
   25         department of the court’s decision to approve or
   26         disapprove the requested placement within a specified
   27         period; requiring the nonviolent offender to undergo
   28         an education assessment and a full substance abuse
   29         assessment if admitted into the reentry program;
   30         requiring the offender to be enrolled in an adult
   31         education program in specified circumstances;
   32         requiring that assessments of vocational skills and
   33         future career education be provided to the offender;
   34         requiring that certain reevaluation be made
   35         periodically; providing that the nonviolent offender
   36         is subject to the disciplinary rules of the
   37         department; specifying the reasons for which the
   38         offender may be terminated from the reentry program;
   39         requiring that the department submit a report to the
   40         sentencing court at least 30 days before the
   41         nonviolent offender is scheduled to complete the
   42         reentry program; setting forth the issues to be
   43         addressed in the report; providing a court may
   44         schedule a hearing to consider any modifications to an
   45         imposed sentence; requiring the sentencing court to
   46         issue an order modifying the sentence imposed and
   47         placing the nonviolent offender on drug offender
   48         probation if the nonviolent offender’s performance is
   49         satisfactory; authorizing the court to revoke
   50         probation and impose the original sentence in
   51         specified circumstances; authorizing the court to
   52         require the offender to complete a postadjudicatory
   53         drug court program in specified circumstances;
   54         directing the department to implement the reentry
   55         program using available resources; requiring the
   56         department to submit an annual report to the Governor
   57         and Legislature detailing the extent of implementation
   58         of the reentry program, specifying information to be
   59         provided and outlining future goals and
   60         recommendations; authorizing the department to enter
   61         into contracts with qualified individuals, agencies,
   62         or corporations for services for the reentry program;
   63         authorizing the department to impose administrative or
   64         protective confinement as necessary; providing that
   65         the section does not create a right to placement in
   66         the reentry program or any right to placement or early
   67         release under supervision of any type; providing that
   68         the section does not create a cause of action related
   69         to the program; providing that specified provisions
   70         are not severable; authorizing the department to
   71         establish a system of incentives within the reentry
   72         program which the department may use to promote
   73         participation in rehabilitative programs and the
   74         orderly operation of institutions and facilities;
   75         directing the department to develop a system for
   76         tracking recidivism, including, but not limited to,
   77         rearrests and recommitment of nonviolent offenders who
   78         successfully complete the reentry program, and to
   79         report on recidivism in its annual report of the
   80         program; directing the department to adopt rules;
   81         providing an effective date.
   82  
   83  Be It Enacted by the Legislature of the State of Florida:
   84  
   85         Section 1. Nonviolent offender reentry program.—
   86         (1) As used in this section, the term:
   87         (a) “Department” means the Department of Corrections.
   88         (b) “Nonviolent offender” means an offender:
   89         1. Whose primary offense is a felony of the third degree;
   90         2. Who has never been convicted of a forcible felony as
   91  defined in s. 776.08, Florida Statutes;
   92         3. Who has never been convicted of an offense listed in s.
   93  775.082(9)(a)1.r., Florida Statutes, without regard to prior
   94  incarceration or release;
   95         4. Who has never been convicted of an offense described in
   96  chapter 847, Florida Statutes, involving a minor or a depiction
   97  of a minor;
   98         5. Who has never been convicted of an offense described in
   99  chapter 827, Florida Statutes;
  100         6. Who has never been convicted of any offense described in
  101  s. 784.07, s. 784.074, s. 784.075, s. 784.076, s. 784.08, s.
  102  784.083, or s. 784.085, Florida Statutes;
  103         7. Who has never been convicted of any offense involving
  104  the possession or use of a firearm;
  105         8. Who has never been convicted of a capital felony or a
  106  felony of the first or second degree;
  107         9. Who has never been convicted of any offense that
  108  requires a person to register as a sexual offender pursuant to
  109  s. 943.0435, Florida Statutes; and
  110         10. Who is not the subject of a domestic violence
  111  injunction currently in force.
  112         (2)(a) The department shall develop and administer a
  113  reentry program for nonviolent offenders. The reentry program
  114  must include prison-based substance abuse treatment, general
  115  education development and adult basic education courses,
  116  vocational training, training in decisionmaking and personal
  117  development, and other rehabilitation programs.
  118         (b) The reentry program is intended to divert nonviolent
  119  offenders from long periods of incarceration when a reduced
  120  period of incarceration supplemented by participation in
  121  intensive substance abuse treatment and rehabilitative
  122  programming could produce the same deterrent effect, protect the
  123  public, rehabilitate the offender, and reduce recidivism.
  124         (c) The nonviolent offender shall serve at least 6 months
  125  in the reentry program. The offender may not count any portion
  126  of his or her sentence served before placement in the reentry
  127  program as progress toward program completion.
  128         (d) A reentry program may be operated in a secure area in
  129  or adjacent to an adult institution.
  130         (3) The department shall screen offenders committed to the
  131  department for eligibility criteria to participate in the
  132  reentry program. In order to be eligible, an offender must be a
  133  nonviolent offender, must have served at least one-half of his
  134  or her original sentence, and must have been identified as
  135  having a need for substance abuse treatment.
  136         (4) The department shall select eligible offenders for the
  137  reentry program. When selecting participants for the reentry
  138  program, the department shall be guided in its selection by its
  139  evaluation of the following considerations:
  140         (a) The offender’s history of disciplinary reports.
  141         (b) The offender’s criminal history, with particular
  142  scrutiny of any charges for offenses listed in paragraph (1)(b).
  143         (c) The severity of the offender’s addiction.
  144         (d) The offender’s history of criminal behavior related to
  145  substance abuse.
  146         (e) Whether the offender has participated or requested to
  147  participate in a general education development or other
  148  educational, technical, work, vocational, or self-rehabilitation
  149  program.
  150         (f) The results of any risk assessment of the offender.
  151         (g) The outcome of all past participation of the offender
  152  in substance abuse treatment programs.
  153         (h) The possible rehabilitative benefits that substance
  154  abuse treatment, educational programming, vocational training,
  155  and other rehabilitative programming might have on the offender.
  156         (i) The likelihood that participation in the program will
  157  produce the same deterrent effect, protect the public, save
  158  government funds, and prevent or delay recidivism to an equal or
  159  greater extent than completion of the sentence previously
  160  imposed.
  161         (5)(a) If an offender volunteers to participate in the
  162  reentry program, meets the eligibility criteria, is selected by
  163  the department based on the considerations in subsection (4),
  164  and space is available in the reentry program, the department
  165  may request the sentencing court to approve the offender’s
  166  participation in the reentry program. The request shall be made
  167  in writing and shall include a brief summation of the
  168  department’s evaluation under subsection (4) and a recital of
  169  the documents or other information upon which the evaluation is
  170  based. All documents may be delivered to the sentencing court
  171  electronically.
  172         (b)1. The department shall notify the state attorney that
  173  the offender is being considered for placement in the reentry
  174  program. The notice must include a copy of all documents
  175  provided with the request to the court. The notice and all
  176  documents may be delivered to the state attorney electronically
  177  and may take the form of a copy of an electronic delivery to the
  178  sentencing court.
  179         2. The notice must also state that the state attorney may
  180  notify the sentencing court in writing of any objection the
  181  state attorney might have if the nonviolent offender is placed
  182  in the reentry program. The state attorney must notify the
  183  sentencing court of his or her objections within 15 days after
  184  receiving the notice. Whether or not an objection is raised, the
  185  state attorney may provide to the sentencing court any
  186  information supplemental or contrary to the information provided
  187  by the department that may assist the court in its
  188  determination.
  189         (c) When approving a nonviolent offender for participation
  190  in the reentry program, the sentencing court may consider any
  191  facts the court considers relevant, including, but not limited
  192  to, the criteria listed in subsection (4); the original
  193  sentencing report and any evidence admitted in a previous
  194  sentencing proceeding; the offender’s record of arrests without
  195  conviction for crimes; any other evidence of allegations of
  196  unlawful conduct or the use of violence by the offender; the
  197  offender’s family ties, length of residence in the community,
  198  employment history, and mental condition; the likelihood that
  199  participation in the program will produce the same deterrent
  200  effect, rehabilitate the offender, and prevent or delay
  201  recidivism to an equal or greater extent than completion of the
  202  sentence previously imposed; and the likelihood that the
  203  offender will engage again in a criminal course of conduct.
  204         (d) The sentencing court shall notify the department in
  205  writing of the court’s decision to approve or disapprove the
  206  requested placement of the nonviolent offender within 30 days
  207  after the court receives the department’s request to place the
  208  offender in the reentry program. If the court approves, the
  209  notification shall list the factors upon which the court relied
  210  in approving the placement.
  211         (6) After the nonviolent offender is admitted into the
  212  reentry program, he or she shall undergo a full substance abuse
  213  assessment to determine his or her substance abuse treatment
  214  needs. The offender shall also have an educational assessment,
  215  which shall be accomplished using the Test of Adult Basic
  216  Education or any other testing instrument approved by the
  217  Department of Education. Each offender who has not obtained a
  218  high school diploma shall be enrolled in an adult education
  219  program designed to aid the offender in improving his or her
  220  academic skills and earn a high school diploma. Further
  221  assessments of the offender’s vocational skills and future
  222  career education shall be provided to the offender as needed. A
  223  periodic reevaluation shall be made in order to assess the
  224  progress of each offender.
  225         (7)(a) If a nonviolent offender in the reentry program
  226  becomes unmanageable, the department may revoke the offender’s
  227  gain-time and place the offender in disciplinary confinement in
  228  accordance with department rule. Except as provided in paragraph
  229  (b), the offender shall be readmitted to the reentry program
  230  after completing the ordered discipline. Any period during which
  231  the offender is unable to participate in the reentry program
  232  shall be excluded from the specified time requirements in the
  233  reentry program.
  234         (b) The department may terminate an offender from the
  235  reentry program if:
  236         1. The offender commits or threatens to commit a violent
  237  act;
  238         2. The department determines that the offender is unable to
  239  participate in the reentry program due to the offender’s medical
  240  condition;
  241         3. The offender’s sentence is modified or expires;
  242         4. The department reassigns the offender’s classification
  243  status; or
  244         5. The department determines that removing the offender
  245  from the reentry program is in the best interest of the offender
  246  or the security of the institution.
  247         (8)(a) The department shall submit a report to the
  248  sentencing court at least 30 days before the nonviolent offender
  249  is scheduled to complete the reentry program. The report must
  250  describe the offender’s performance in the reentry program and
  251  certify whether the performance is satisfactory. The court may
  252  schedule a hearing to consider any modification to the imposed
  253  sentence. Notwithstanding the eligibility criteria contained in
  254  s. 948.20, Florida Statutes, if the offender’s performance is
  255  satisfactory to the department and the court, the court shall
  256  issue an order modifying the sentence imposed and placing the
  257  offender on drug offender probation as described in s.
  258  948.20(2), Florida Statutes, subject to the department’s
  259  certification of the offender’s successful completion of the
  260  remainder of the reentry program. The term of drug offender
  261  probation must not be less than the remainder of time that the
  262  offender would have served in prison, but for participating in
  263  the program. A condition of drug offender probation may include
  264  electronic monitoring or placement in a community residential or
  265  nonresidential licensed substance abuse treatment facility under
  266  the jurisdiction of the department or the Department of Children
  267  and Families or any public or private entity providing such
  268  services. The order shall include findings that the offender’s
  269  performance is satisfactory, that the requirements for
  270  resentencing under this section are satisfied, and that the
  271  public safety will not be compromised. If the nonviolent
  272  offender violates the conditions of drug offender probation, the
  273  court may revoke probation and impose any sentence that it might
  274  have originally imposed. An offender may not be released from
  275  the custody of the department under this section except pursuant
  276  to a judicial order modifying his or her sentence.
  277         (b) If an offender being released pursuant to paragraph (a)
  278  intends to reside in a county that has established a
  279  postadjudicatory drug court program as described in s. 397.334,
  280  Florida Statutes, the sentencing court may require the offender
  281  to successfully complete the postadjudicatory drug court program
  282  as a condition of drug offender probation. The original
  283  sentencing court shall relinquish jurisdiction of the offender’s
  284  case to the postadjudicatory drug court program until the
  285  offender is no longer active in the program, the case is
  286  returned to the sentencing court due to the offender’s
  287  termination from the program for failure to comply with the
  288  terms thereof, or the offender’s sentence is completed. If
  289  transferred to a postadjudicatory drug court program, the
  290  offender shall comply with all conditions and orders of the
  291  program.
  292         (9) The department shall implement the reentry program to
  293  the fullest extent feasible within available resources.
  294         (10) The department shall submit an annual report to the
  295  Governor, the President of the Senate, and the Speaker of the
  296  House of Representatives detailing the extent of implementation
  297  of the reentry program, the number of participants selected,
  298  approved, and who have successfully completed the program, a
  299  reasonable estimate or description of the additional public
  300  costs incurred and any public funds saved with respect to each
  301  participant, a brief description of each sentence modification,
  302  and a brief description of the subsequent criminal history, if
  303  any, of each participant following any modification of sentence
  304  under this section. The report shall also outline future goals
  305  and any recommendation the department has for future legislative
  306  action.
  307         (11) The department may enter into performance-based
  308  contracts with qualified individuals, agencies, or corporations
  309  for the provision of any or all of the services for the reentry
  310  program provided that an offender may not be released from the
  311  custody of the department under this section except pursuant to
  312  a judicial order modifying a sentence.
  313         (12) A nonviolent offender in the reentry program is
  314  subject to rules of conduct established by the department and
  315  may have sanctions imposed, including loss of privileges,
  316  restrictions, disciplinary confinement, alteration of release
  317  plans, or other program modifications in keeping with the nature
  318  and gravity of the program violation. Administrative or
  319  protective confinement, as necessary, may be imposed.
  320         (13) This section does not create or confer any right to
  321  any inmate to placement in the reentry program or any right to
  322  placement or early release under supervision of any type. An
  323  inmate does not have a cause of action under this section
  324  against the department, a court, or the state attorney related
  325  to the reentry program. This subsection is not severable from
  326  the remaining provisions of this section. If this subsection is
  327  determined by any state or federal court to be not fully
  328  enforceable, this section shall stand repealed in its entirety.
  329         (14) The department may establish a system of incentives
  330  within the reentry program which the department may use to
  331  promote participation in rehabilitative programs and the orderly
  332  operation of institutions and facilities.
  333         (15) The department shall develop a system for tracking
  334  recidivism, including, but not limited to, rearrests and
  335  recommitment of nonviolent offenders who successfully complete
  336  the reentry program, and shall report the recidivism rate in its
  337  annual report of the program.
  338         (16) The department shall adopt rules pursuant to ss.
  339  120.536(1) and 120.54, Florida Statutes, as are necessary to
  340  administer the reentry program.
  341         Section 2. This act shall take effect October 1, 2013.