Florida Senate - 2019 CS for SB 338 By the Committee on Criminal Justice; and Senator Brandes 591-02321-19 2019338c1 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 officer to report alleged violations to a 17 supervising probation office or the department’s 18 emergency action center for disposition of 19 disciplinary charges as prescribed by the department 20 by rule; requiring an inmate participating in 21 supervised community release to remain eligible to 22 earn or lose gain-time, subject to certain 23 restrictions; prohibiting the inmate from being 24 counted in the population of the prison system; 25 prohibiting the inmate’s approved community-based 26 housing location from being counted in the capacity 27 figures for the prison system; reenacting ss. 28 944.516(2), 945.092, and 946.503(2), F.S., relating to 29 money or other property received for personal use or 30 benefit of an inmate, limits on work-release and 31 minimum security custody for persons who have 32 committed the crime of escape, and definitions to be 33 used with respect to correctional work programs, 34 respectively, to incorporate the amendment made to s. 35 945.091, F.S., in references thereto; providing an 36 effective date. 37 38 Be It Enacted by the Legislature of the State of Florida: 39 40 Section 1. Paragraph (d) is added to subsection (1) of 41 section 945.091, Florida Statutes, to read: 42 945.091 Extension of the limits of confinement; restitution 43 by employed inmates.— 44 (1) The department may adopt rules permitting the extension 45 of the limits of the place of confinement of an inmate as to 46 whom there is reasonable cause to believe that the inmate will 47 honor his or her trust by authorizing the inmate, under 48 prescribed conditions and following investigation and approval 49 by the secretary, or the secretary’s designee, who shall 50 maintain a written record of such action, to leave the confines 51 of that place unaccompanied by a custodial agent for a 52 prescribed period of time to: 53 (d) Participate in supervised community release as 54 prescribed by the department by rule. The inmate’s participation 55 may begin 180 days before his or her provisional or tentative 56 release date. Such supervised community release must include 57 active electronic monitoring and community control as defined in 58 s. 948.001. The department must administer a risk assessment 59 instrument to appropriately determine an inmate’s ability to be 60 released pursuant to this paragraph. 61 1. If a participating inmate fails to comply with the 62 conditions prescribed by the department by rule for supervised 63 community release, the department may terminate the inmate’s 64 supervised community release and return him or her to the same 65 or another institution designated by the department. A law 66 enforcement officer or a probation officer may arrest the inmate 67 without a warrant in accordance with s. 948.06, if there are 68 reasonable grounds to believe he or she has violated the terms 69 and conditions of supervised community release. The law 70 enforcement officer must report the inmate’s alleged violations 71 to the supervising probation office or the department’s 72 emergency action center for disposition of disciplinary charges 73 as prescribed by the department by rule. 74 2. An inmate participating in supervised community release 75 under this paragraph remains eligible to earn or lose gain-time 76 in accordance with s. 944.275 and department rule, but may not 77 receive gain-time or other sentence credit in an amount that 78 would cause his or her sentence to expire, end, or terminate, or 79 that would result in his or her release before serving a minimum 80 of 85 percent of the sentence imposed. The inmate may not be 81 counted in the population of the prison system, and the inmate’s 82 approved community-based housing location may not be counted in 83 the capacity figures for the prison system. 84 Section 2. For the purpose of incorporating the amendment 85 made by this act to section 945.091, Florida Statutes, in a 86 reference thereto, subsection (2) of section 944.516, Florida 87 Statutes, is reenacted to read: 88 944.516 Money or other property received for personal use 89 or benefit of inmate; deposit; disposition of unclaimed trust 90 funds.—The Department of Corrections shall protect the financial 91 interest of the state with respect to claims which the state may 92 have against inmates in state institutions under its supervision 93 and control and shall administer money and other property 94 received for the personal benefit of such inmates. In carrying 95 out the provisions of this section, the department may delegate 96 any of its enumerated powers and duties affecting inmates of an 97 institution to the warden or regional director who shall 98 personally, or through designated employees of his or her 99 personal staff under his or her direct supervision, exercise 100 such powers or perform such duties. 101 (2) The department shall require documentation through an 102 accounting of receipts for expenditures by inmates placed on 103 extended limits of confinement pursuant to s. 945.091. However, 104 the department may allow such inmates an amount up to $25 per 105 week which may not require documentation and which may be used 106 for discretionary needs. The $25 per week may be increased by $5 107 biennially, beginning in fiscal year 1985-1986, up to a total of 108 $50. 109 Section 3. For the purpose of incorporating the amendment 110 made by this act to section 945.091, Florida Statutes, in a 111 reference thereto, section 945.092, Florida Statutes, is 112 reenacted to read: 113 945.092 Limits on work-release and minimum security custody 114 for persons who have committed the crime of escape.—A person who 115 has ever been convicted, regardless of adjudication, of the 116 offense of escape, as prohibited by s. 944.40 or its successor, 117 or as prohibited by a similar law of another state, is not 118 eligible for any work-release program under s. 945.091 or for 119 confinement in minimum security conditions. 120 Section 4. For the purpose of incorporating the amendment 121 made by this act to section 945.091, Florida Statutes, in a 122 reference thereto, subsection (2) of section 946.503, Florida 123 Statutes, is reenacted to read: 124 946.503 Definitions to be used with respect to correctional 125 work programs.—As used in this part, the term: 126 (2) “Correctional work program” means any program presently 127 a part of the prison industries program operated by the 128 department or any other correctional work program carried on at 129 any state correctional facility presently or in the future, but 130 the term does not include any program authorized by s. 945.091 131 or s. 946.40. 132 Section 5. This act shall take effect October 1, 2019.