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The Florida Senate

2023 Florida Statutes (including 2023C)

Title XLVII CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 944 STATE CORRECTIONAL SYSTEM Entire Chapter
SECTION 4731
Addiction-Recovery Supervision Program.
F.S. 944.4731
944.4731 Addiction-Recovery Supervision Program.—
(1) This section may be cited as the “Addiction-Recovery Supervision Program Act.”
(2)(a) Any offender released from a state correctional facility who is convicted of a crime committed on or after July 1, 2001, must be given addiction-recovery supervision if the offender has:
1. A history of substance abuse or addiction;
2. Participated in any drug treatment;
3. No current or previous convictions for a violent offense;
4. No current or previous convictions for drug trafficking or for the unlawful sale of a controlled substance;
5. No current or previous convictions for a property offense, except for a conviction for:
a. Passing worthless checks, forgery, uttering, or counterfeiting;
b. Third degree felony grand theft, excluding a theft relating to firearms; or
c. Third degree felony burglary of an unoccupied structure or conveyance; and
6. No current or previous conviction for a traffic offense involving injury or death.
(b) An offender released under addiction-recovery supervision shall be subject to specified terms and conditions, including payment of the costs of supervision under s. 948.09 and any other court-ordered payments, such as child support and restitution. 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. 947.141. The commission shall review the offender’s record for the purpose of establishing the terms and conditions of supervision. 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.
(c) The Legislature finds that offenders released from state prison into the community who meet the criteria for participating in the addiction-recovery supervision program possess the greatest potential for successful substance abuse recovery through treatment and transition assistance.
(3)(a) Each fiscal year, and contingent upon funding, the department shall enter into contracts with multiple providers who are private organizations, including faith-based service groups, to operate substance abuse transition housing programs, including providers that:
1. Provide postrelease housing, programming, treatment, and other transitional services;
2. Emphasize job placement and gainful employment for program participants;
3. Provide a curriculum related to substance abuse treatment which uses a cognitive behavior model or 12-step model of addiction recovery;
4. Provide for a length of stay of not more than 12 months; and
5. Use community volunteers in operating the program to the greatest extent possible.
(b) The department shall allow providers to use innovative approaches to treatment and shall authorize a high level of flexibility in operating a program. The department shall ensure that an offender’s faith orientation, or lack thereof, will not be considered in determining admission to a faith-based program and that the program does not attempt to convert an offender toward a particular faith or religious preference.
(4) When facilitating job placement for an offender under this program, the provider shall make every effort to secure suitable employment that provides adequate wages, a potential for advancement, and a likelihood of stable and long-term employment. 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.
(5) Each contract entered into under this section for operating a substance abuse transition housing program must invite innovation, minimize bureaucracy, and permit the private organization or faith-based provider to petition the department to waive any rule, policy, or procedure that is inconsistent with the mission of the private organization or faith-based provider.
(6) Six months before an offender is released, the chaplain and transition assistance specialist at the institution where the offender is incarcerated shall initiate the prerelease screening process in addition to the basic release orientation required under s. 944.705.
(a) The transition assistance specialist and the chaplain shall provide a list of contracted private providers, including faith-based providers, to the offender and facilitate the application process. The transition assistance specialist shall inform the offender of program availability and assess the offender’s need and suitability for substance abuse transition housing assistance. 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.
(b) If an offender has participated in a faith-based program while incarcerated or housed at a community correctional center and the same or a similar faith-based provider offers a contracted substance abuse transition housing program, the department shall make every attempt to maintain this continuum of care.
(7) While participating in a substance abuse transition housing program, an offender shall:
(a) Adhere to all conditions of supervision enforced by the commission and the program provider. Failure to comply with such rules or conditions may result in revocation of supervision pursuant to s. 947.141.
(b) Pay fees to defray program costs, costs of supervision required under s. 948.09, and any restitution or obligations for child support.
(c) Participate in a cognitive behavior model or 12-step model of recovery.
(8) The commission may adopt rules pursuant to ss. 120.536(1) and 120.54 as necessary for administering this section.
History.—s. 5, ch. 2001-110; s. 39, ch. 2004-373; s. 35, ch. 2014-191; s. 89, ch. 2016-10; s. 132, ch. 2019-167.