Florida Senate - 2023 SB 802
By Senator Osgood
32-01581-23 2023802__
1 A bill to be entitled
2 An act relating to restorative justice; amending s.
3 945.71, F.S.; revising legislative intent for inmate
4 training programs; amending s. 945.73, F.S.; requiring
5 the Department of Corrections to develop and implement
6 training about restorative justice practices; amending
7 s. 960.001, F.S.; requiring notice to victims if
8 restorative justice is available; defining the term
9 “restorative justice”; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Section 945.71, Florida Statutes, is amended to
14 read:
15 945.71 Inmate training programs; intent and purposes.—It is
16 the intent of ss. 945.71-945.74 to authorize the establishment
17 of structured disciplinary training programs within the
18 Department of Corrections expressly intended to instill self
19 discipline, improve work habits, increase accountability and
20 reparative behavior, and improve self-confidence for inmates.
21 Section 2. Subsection (1) of section 945.73, Florida
22 Statutes, is amended to read:
23 945.73 Inmate training program operation.—
24 (1) The department shall, subject to specific legislative
25 appropriation, develop and implement training programs for
26 eligible inmates which include, but are not limited to, marching
27 drills, calisthenics, a rigid dress code, work assignments,
28 physical training, training in decisionmaking and personal
29 development, drug counseling, education, training about
30 restorative justice practices, and rehabilitation.
31 Section 3. Paragraph (a) of subsection (1) of section
32 960.001, Florida Statutes, is amended to read:
33 960.001 Guidelines for fair treatment of victims and
34 witnesses in the criminal justice and juvenile justice systems.—
35 (1) The Department of Legal Affairs, the state attorneys,
36 the Department of Corrections, the Department of Juvenile
37 Justice, the Florida Commission on Offender Review, the State
38 Courts Administrator and circuit court administrators, the
39 Department of Law Enforcement, and every sheriff’s department,
40 police department, or other law enforcement agency as defined in
41 s. 943.10(4) shall develop and implement guidelines for the use
42 of their respective agencies, which guidelines are consistent
43 with the purposes of this act and s. 16(b), Art. I of the State
44 Constitution and are designed to implement s. 16(b), Art. I of
45 the State Constitution and to achieve the following objectives:
46 (a) Information concerning services available to victims of
47 adult and juvenile crime.—As provided in s. 27.0065, state
48 attorneys and public defenders shall gather information
49 regarding the following services in the geographic boundaries of
50 their respective circuits and shall provide such information to
51 each law enforcement agency with jurisdiction within such
52 geographic boundaries. Law enforcement personnel shall ensure,
53 through distribution of a victim’s rights information card or
54 brochure at the crime scene, during the criminal investigation,
55 and in any other appropriate manner, that victims are given, as
56 a matter of course at the earliest possible time, information
57 about:
58 1. The availability of crime victim compensation, if
59 applicable;
60 2. Crisis intervention services, supportive or bereavement
61 counseling, social service support referrals, and community
62 based victim treatment programs;
63 3. The role of the victim in the criminal or juvenile
64 justice process, including what the victim may expect from the
65 system as well as what the system expects from the victim;
66 4. The stages in the criminal or juvenile justice process
67 which are of significance to the victim and the manner in which
68 information about such stages can be obtained;
69 5. The right of a victim, who is not incarcerated,
70 including the victim’s parent or guardian if the victim is a
71 minor, the lawful representative of the victim or of the
72 victim’s parent or guardian if the victim is a minor, and the
73 next of kin of a homicide victim, upon request, to be informed,
74 to be present, and to be heard at all stages of a criminal or
75 juvenile proceeding as provided by s. 16(b), Art. I of the State
76 Constitution;
77 6. In the case of incarcerated victims, the right, upon
78 request, to be informed and to submit written statements at all
79 stages of the criminal proceedings, parole proceedings, or
80 juvenile proceedings;
81 7. The right of a victim to a prompt and timely disposition
82 of the case in order to minimize the period during which the
83 victim must endure the responsibilities and stress involved; and
84 8. The right of a victim to employ private counsel. The
85 Florida Bar is encouraged to develop a registry of attorneys who
86 are willing to serve on a pro bono basis as advocates for crime
87 victims.
88 9.a. The right of a victim to be notified of restorative
89 justice if it is available in the jurisdiction. The victim or
90 their next of kin shall be advised that restorative justice may
91 be considered as a voluntary option, or a part of a deferred
92 prosecution or pretrial intervention. A notice shall be posted
93 on each waiting room floor of the lobbies of the state
94 attorneys’ offices and shall contain the location and contact
95 information concerning restorative justice programs that serve
96 the county or circuit.
97 b. As used in this subparagraph, the term “restorative
98 justice” means a gathering at which parties who have caused harm
99 or who have been harmed and community stakeholders choose to
100 collectively meet to identify and repair harm inflicted to the
101 extent possible, address trauma, reduce the likelihood of
102 further harm, and strengthen community ties by focusing on the
103 needs and obligations of all parties involved through a
104 voluntary and participatory process.
105 Section 4. This act shall take effect July 1, 2023.