Florida Senate - 2019                                     SB 338
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00740A-19                                           2019338__
    1                        A bill to be entitled                      
    2         An act relating to extension of confinement; amending
    3         s. 945.091, F.S.; authorizing the Department of
    4         Corrections to extend the limits of confinement to
    5         allow an inmate to participate in supervised community
    6         release, subject to certain requirements, as
    7         prescribed by the department by rule; requiring the
    8         department to administer a risk assessment instrument
    9         to appropriately determine an inmate’s ability to be
   10         released; authorizing the department to terminate the
   11         inmate’s supervised community release and return him
   12         or her to the same or another institution under
   13         certain circumstances; authorizing a law enforcement
   14         or probation officer to arrest an inmate without a
   15         warrant under certain circumstances; requiring the law
   16         enforcement or probation officer to report alleged
   17         violations to a correctional officer for disposition
   18         of disciplinary charges as prescribed by the
   19         department by rule; requiring an inmate participating
   20         in supervised community release to remain eligible to
   21         earn or lose gain-time, subject to certain
   22         restrictions; prohibiting the inmate from being
   23         counted in the population of the prison system;
   24         prohibiting the inmate’s approved community-based
   25         housing location from being counted in the capacity
   26         figures for the prison system; reenacting ss.
   27         944.516(2), 945.092, and 946.503(2), F.S., relating to
   28         money or other property received for personal use or
   29         benefit of an inmate, limits on work-release and
   30         minimum security custody for persons who have
   31         committed the crime of escape, and definitions to be
   32         used with respect to correctional work programs,
   33         respectively, to incorporate the amendment made to s.
   34         945.091, F.S., in references thereto; providing an
   35         effective date.
   36          
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Paragraph (d) is added to subsection (1) of
   40  section 945.091, Florida Statutes, to read:
   41         945.091 Extension of the limits of confinement; restitution
   42  by employed inmates.—
   43         (1) The department may adopt rules permitting the extension
   44  of the limits of the place of confinement of an inmate as to
   45  whom there is reasonable cause to believe that the inmate will
   46  honor his or her trust by authorizing the inmate, under
   47  prescribed conditions and following investigation and approval
   48  by the secretary, or the secretary’s designee, who shall
   49  maintain a written record of such action, to leave the confines
   50  of that place unaccompanied by a custodial agent for a
   51  prescribed period of time to:
   52         (d) Participate in supervised community release as
   53  prescribed by the department by rule. The inmate’s participation
   54  may begin 180 days before his or her provisional or tentative
   55  release date. Such supervised community release must include
   56  active electronic monitoring and community control as defined in
   57  s. 948.001. The department must administer a risk assessment
   58  instrument to appropriately determine an inmate’s ability to be
   59  released pursuant to this paragraph.
   60         1. If a participating inmate fails to comply with the
   61  conditions prescribed by the department by rule for supervised
   62  community release, the department may terminate the inmate’s
   63  supervised community release and return him or her to the same
   64  or another institution designated by the department. A law
   65  enforcement officer or a probation officer may arrest the inmate
   66  without a warrant in accordance with s. 948.06, if there are
   67  reasonable grounds to believe he or she has violated the terms
   68  and conditions of supervised community release. The law
   69  enforcement officer or probation officer must report the
   70  inmate’s alleged violations to a correctional officer for
   71  disposition of disciplinary charges as prescribed by the
   72  department by rule.
   73         2. An inmate participating in supervised community release
   74  under this paragraph remains eligible to earn or lose gain-time
   75  in accordance with s. 944.275 and department rule, but may not
   76  receive gain-time or other sentence credit in an amount that
   77  would cause his or her sentence to expire, end, or terminate, or
   78  that would result in his or her release before serving a minimum
   79  of 85 percent of the sentence imposed. The inmate may not be
   80  counted in the population of the prison system, and the inmate’s
   81  approved community-based housing location may not be counted in
   82  the capacity figures for the prison system.
   83         Section 2. For the purpose of incorporating the amendment
   84  made by this act to section 945.091, Florida Statutes, in a
   85  reference thereto, subsection (2) of section 944.516, Florida
   86  Statutes, is reenacted to read:
   87         944.516 Money or other property received for personal use
   88  or benefit of inmate; deposit; disposition of unclaimed trust
   89  funds.—The Department of Corrections shall protect the financial
   90  interest of the state with respect to claims which the state may
   91  have against inmates in state institutions under its supervision
   92  and control and shall administer money and other property
   93  received for the personal benefit of such inmates. In carrying
   94  out the provisions of this section, the department may delegate
   95  any of its enumerated powers and duties affecting inmates of an
   96  institution to the warden or regional director who shall
   97  personally, or through designated employees of his or her
   98  personal staff under his or her direct supervision, exercise
   99  such powers or perform such duties.
  100         (2) The department shall require documentation through an
  101  accounting of receipts for expenditures by inmates placed on
  102  extended limits of confinement pursuant to s. 945.091. However,
  103  the department may allow such inmates an amount up to $25 per
  104  week which may not require documentation and which may be used
  105  for discretionary needs. The $25 per week may be increased by $5
  106  biennially, beginning in fiscal year 1985-1986, up to a total of
  107  $50.
  108         Section 3. For the purpose of incorporating the amendment
  109  made by this act to section 945.091, Florida Statutes, in a
  110  reference thereto, section 945.092, Florida Statutes, is
  111  reenacted to read:
  112         945.092 Limits on work-release and minimum security custody
  113  for persons who have committed the crime of escape.—A person who
  114  has ever been convicted, regardless of adjudication, of the
  115  offense of escape, as prohibited by s. 944.40 or its successor,
  116  or as prohibited by a similar law of another state, is not
  117  eligible for any work-release program under s. 945.091 or for
  118  confinement in minimum security conditions.
  119         Section 4. For the purpose of incorporating the amendment
  120  made by this act to section 945.091, Florida Statutes, in a
  121  reference thereto, subsection (2) of section 946.503, Florida
  122  Statutes, is reenacted to read:
  123         946.503 Definitions to be used with respect to correctional
  124  work programs.—As used in this part, the term:
  125         (2) “Correctional work program” means any program presently
  126  a part of the prison industries program operated by the
  127  department or any other correctional work program carried on at
  128  any state correctional facility presently or in the future, but
  129  the term does not include any program authorized by s. 945.091
  130  or s. 946.40.
  131         Section 5. This act shall take effect October 1, 2019.