Senate Bill sb0912

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    Florida Senate - 2001                                   SB 912

    By Senator Villalobos





    37-695B-01

  1                      A bill to be entitled

  2         An act relating to criminal rehabilitation;

  3         amending s. 20.315, F.S.; redesignating the

  4         area of program services within the Department

  5         of Corrections as program, transition, and

  6         postrelease services; amending s. 397.333,

  7         F.S.; revising the qualifications for members

  8         appointed to the Statewide Drug Policy Advisory

  9         Council; providing additional duties of the

10         council; amending s. 944.473, F.S.; requiring

11         certain inmates to participate in

12         substance-abuse treatment; providing criteria

13         for program participation; creating s.

14         944.4731, F.S.; creating the Addiction-Recovery

15         Supervision Program Act; providing criteria for

16         program participation; requiring the department

17         to contract with faith-based groups and private

18         organizations to operate

19         substance-abuse-transition housing programs;

20         providing program requirements; requiring

21         prerelease screening; providing requirements

22         for offenders who participate in the program;

23         amending s. 944.702, F.S.; providing

24         legislative intent with respect to support

25         services for inmates who abuse substances;

26         amending ss. 944.703, 944.704, F.S., relating

27         to transition assistance for inmates; requiring

28         that inmates who abuse substances receive

29         priority assistance; providing for

30         transition-assistance specialists at

31         institutions; amending ss. 944.705, 944.706,

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  1         944.707, F.S.; authorizing the department to

  2         contract with faith-based service groups for

  3         release-assistance programs and postrelease

  4         services; amending s. 944.803, F.S.; providing

  5         additional requirements for faith-based

  6         programs for inmates; requiring the department

  7         to assign chaplains to certain community

  8         correctional centers; providing for inmates to

  9         be informed of the availability of certain

10         faith-based housing programs; amending s.

11         945.091, F.S.; authorizing an inmate to

12         participate in faith-based service groups;

13         amending s. 948.08, F.S.; providing that

14         specified offenders are eligible for certain

15         pretrial intervention programs; amending s.

16         951.10, F.S.; clarifying provisions governing

17         the leasing of prisoners; requiring the

18         Department of Corrections to report to the

19         Governor and the Legislature on the

20         implementation of the act; requiring the

21         Legislative Committee on Intergovernmental

22         Relations to report to the Legislature on

23         intervention and treatment strategies for

24         persons convicted of prostitution; requiring

25         inmates to complete a course on job readiness

26         and life management before release; providing

27         an appropriation; providing an effective date.

28

29         WHEREAS, the Task Force on Self-Inflicted Crimes, as

30  created by chapter 2000-366, Laws of Florida, identified in

31  its report issued January 18, 2001, a wide variety of

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  1  potential legislative solutions for reducing the repetitious

  2  self-injurious behavior of prostitution and substance abuse,

  3  and

  4         WHEREAS, those recommendations stemmed from the

  5  testimony from numerous individuals, substance-abuse experts,

  6  governmental officials, and private organizations throughout

  7  Florida, and

  8         WHEREAS, a significant recommendation made by the task

  9  force was recognition that state government should not and

10  cannot bear the sole burden of treating and helping those

11  suffering from addictions and self-injurious behaviors, and

12         WHEREAS, the task force concluded that faith-based

13  organizations are "armies of compassion" devoted to changing

14  individuals' hearts and lives and can offer cost-effective

15  substance-abuse treatment through the use of volunteers and

16  other cost-saving measures, and

17         WHEREAS, the task force concluded that inmates with

18  histories of substance abuse will most likely return to prison

19  without transition assistance and postrelease supervision,

20  coupled with treatment and job placement, and

21         WHEREAS, research has proven that "one-on-one" private

22  and faith-based programming is often more effective than

23  government programs in shaping and reclaiming lives because

24  they are free to assert the essential connection between

25  responsibility and human dignity; their approach is personal,

26  not bureaucratic; their service is not primarily a function of

27  professional background, but of individual commitment; and

28  they inject an element of moral challenge and spiritual

29  renewal that government cannot duplicate, and

30         WHEREAS, a study required by chapter 97-78, Laws of

31  Florida, to measure the effectiveness of faith-based programs

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  1  in Florida's correctional facilities found a strong and

  2  beneficial correlation between faith-based programming and

  3  remaining crime-free and drug-free upon release, and

  4         WHEREAS, the Department of Corrections employs 105

  5  prison chaplains who are responsible for addressing the

  6  religious and spiritual needs of over 71,000 inmates; for

  7  developing community linkages with churches, synagogues,

  8  mosques, and other faith-based institutions; and for

  9  recruiting and supervising volunteers who come into Florida's

10  prisons to provide spiritual programs, mentoring activities,

11  and other transitional skills, and

12         WHEREAS, the continued investment in the work of prison

13  chaplains and their clerical staff is a critical factor for

14  strengthening volunteer participation and support of

15  faith-based programs in the prisons, as recognized by an

16  academic study in 1997 entitled "The Report of Faith-Based

17  Programs in Correctional Facilities," and

18         WHEREAS, the task force recommended that the

19  Legislature fund faith-based substance-abuse-recovery programs

20  and transitional assistance for the secular purpose of

21  reducing recidivism, and

22         WHEREAS, in an effort to transform lives and break the

23  personally destructive and expensive recidivism cycle, Florida

24  should increase the number of chaplains who strengthen

25  volunteer participation; expand the pilot dormitory program

26  started in November, 1999; and implement a strong

27  transitional-assistance residential program that includes a

28  voluntary faith component that supports inmates as they

29  reenter communities, NOW, THEREFORE,

30

31  Be It Enacted by the Legislature of the State of Florida:

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  1         Section 1.  Paragraph (c) of subsection (3) of section

  2  20.315, Florida Statutes, is amended to read:

  3         20.315  Department of Corrections.--There is created a

  4  Department of Corrections.

  5         (3)  SECRETARY OF CORRECTIONS.--The head of the

  6  Department of Corrections is the Secretary of Corrections.

  7  The secretary is appointed by the Governor, subject to

  8  confirmation by the Senate, and shall serve at the pleasure of

  9  the Governor.  The secretary is responsible for planning,

10  coordinating, and managing the corrections system of the

11  state.  The secretary shall ensure that the programs and

12  services of the department are administered in accordance with

13  state and federal laws, rules, and regulations, with

14  established program standards, and consistent with legislative

15  intent.  The secretary shall identify the need for and

16  recommend funding for the secure and efficient operation of

17  the state correctional system.

18         (c)  The secretary may appoint assistant secretaries,

19  directors, or other such persons that he or she deems are

20  necessary to accomplish the mission and goals of the

21  department, including, but not limited to, the following areas

22  of program responsibility:

23         1.  Security and institutional operations, which shall

24  provide inmate work programs, offender programs, security

25  administration, emergency operations response, and operational

26  oversight of the regions.

27         2.  Health services, which shall be headed by a

28  physician licensed under chapter 458 or an osteopathic

29  physician licensed under chapter 459, or a professionally

30  trained health care administrator with progressively

31  responsible experience in health care administration.  This

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  1  individual shall be responsible for the delivery of health

  2  services to offenders within the system and shall have direct

  3  professional authority over such services.

  4         3.  Community corrections, which shall provide for

  5  coordination of community alternatives to incarceration and

  6  operational oversight of community corrections regions.

  7         4.  Administrative services, which shall provide budget

  8  and accounting services within the department, including the

  9  construction and maintenance of correctional institutions,

10  human resource management, research, planning and evaluation,

11  and technology.

12         5.  Program, transition, and postrelease services,

13  which shall provide for the direct management and supervision

14  of all departmental programs, including the coordination and

15  delivery of education and job training to the offenders in the

16  custody of the department. In addition, this program shall

17  provide for the direct management and supervision of all

18  programs that furnish transition assistance to inmates who are

19  or have recently been in the custody of the department,

20  including the coordination, facilitation, and contract

21  management of prerelease and postrelease transition services

22  provided by governmental and private providers, including

23  faith-based service groups.

24         Section 2.  Subsections (1) and (3) of section 397.333,

25  Florida Statutes, are amended to read:

26         397.333  Statewide Drug Policy Advisory Council.--

27         (1)(a)  The Statewide Drug Policy Advisory Council is

28  created within the Executive Office of the Governor. The

29  director of the Office of Drug Control shall be a nonvoting,

30  ex officio member of the advisory council and shall act as

31  chairperson. The director of the Office of Planning and

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  1  Budgeting shall be a nonvoting, ex officio member of the

  2  advisory council. The Office of Drug Control and the Office of

  3  Planning and Budgeting shall provide staff support for the

  4  advisory council.

  5         (b)  The following state officials shall be appointed

  6  to serve on the advisory council:

  7         1.  The Attorney General, or his or her designee.

  8         2.  The executive director of the Department of Law

  9  Enforcement, or his or her designee.

10         3.  The Secretary of Children and Family Services, or

11  his or her designee.

12         4.  The Secretary of Health, or his or her designee.

13         5.  The Secretary of Corrections, or his or her

14  designee.

15         6.  The Secretary of Juvenile Justice, or his or her

16  designee.

17         7.  The Commissioner of Education, or his or her

18  designee.

19         8.  The executive director of the Department of Highway

20  Safety and Motor Vehicles, or his or her designee.

21         9.  The Adjutant General of the state as the Chief of

22  the Department of Military Affairs, or his or her designee.

23         (c)  In addition, the Governor shall appoint 11 members

24  of the public to serve on the advisory council. Of the 11

25  appointed members, one members must have professional or

26  occupational expertise in drug enforcement, one member must

27  have professional or occupational expertise in substance abuse

28  prevention, and one member must have professional or

29  occupational expertise in substance abuse treatment, and two

30  members must have professional or occupational expertise in

31  faith-based substance-abuse-treatment services. The remainder

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  1  of the members appointed should have professional or

  2  occupational expertise in, or be generally knowledgeable

  3  about, issues that relate to drug enforcement and substance

  4  abuse programs and services. The members appointed by the

  5  Governor must, to the extent possible, equitably represent all

  6  geographic areas of the state.

  7         (d)  The President of the Senate shall appoint a member

  8  of the Senate to the advisory council and the Speaker of the

  9  House of Representatives shall appoint a member of the House

10  of Representatives to the advisory council.

11         (e)  The Chief Justice of the Supreme Court shall

12  appoint a member of the judiciary to the advisory council.

13         (f)  Members appointed by the Governor, the President

14  of the Senate, the Speaker of the House of Representatives,

15  and the Chief Justice shall be appointed to terms of 4 years

16  each. However, for the purpose of providing staggered terms,

17  of the Governor's initial appointments, five members shall be

18  appointed to 2-year terms and six members shall be appointed

19  to 4-year terms.

20         (3)  The advisory council shall:

21         (a)  Conduct a comprehensive analysis of the problem of

22  substance abuse in this state and make recommendations to the

23  Governor and Legislature for developing and implementing a

24  state drug control strategy. The advisory council shall

25  determine the most effective means of establishing clear and

26  meaningful lines of communication between the advisory council

27  and the public and private sectors in order to ensure that the

28  process of developing and implementing the state drug control

29  strategy has afforded a broad spectrum of the public and

30  private sectors an opportunity to comment and make

31  recommendations.

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  1         (b)  Review and make recommendations to the Governor

  2  and Legislature on funding substance abuse programs and

  3  services, consistent with the state drug control strategy, as

  4  developed. The council may recommend the creation of a

  5  separate appropriations category for funding services

  6  delivered or procured by state agencies and may recommend the

  7  use of performance-based contracting as provided in s.

  8  414.065.

  9         (c)  Review various substance abuse programs and

10  recommend, where needed, measures that are sufficient to

11  determine program outcomes. The council shall review different

12  methodologies for evaluating programs and determine whether

13  programs within different agencies have common outcomes. The

14  methodologies shall be consistent with those established under

15  s. 216.0166.

16         (d)  Review the drug control strategies and programs

17  of, and efforts by, other states and the Federal Government

18  and compile the relevant research.

19         (e)  Recommend to the Governor and Legislature applied

20  research projects that would use research capabilities within

21  the state, including, but not limited to, the resources of the

22  State University System, for the purpose of achieving improved

23  outcomes and making better-informed strategic budgetary

24  decisions.

25         (f)  Recommend to the Governor and Legislature changes

26  in law which would remove barriers to or enhance the

27  implementation of the state drug control strategy.

28         (g)  Make recommendations to the Governor and the

29  Legislature on the need for public information campaigns to be

30  conducted in the state to limit substance abuse.

31

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  1         (h)  Ensure that there is a coordinated, integrated,

  2  and multidisciplinary response to the substance abuse problem

  3  in this state, with special attention given to creating

  4  partnerships within and between the public and private

  5  sectors, and to the coordinated, supported, and integrated

  6  delivery of multiple-system services for substance abusers,

  7  including a multiagency team approach to service delivery.

  8         (i)  Assist communities and families in pooling their

  9  knowledge and experiences with respect to the problem of

10  substance abuse. Forums for exchanging ideas, experiences, and

11  practical information, as well as instruction, should be

12  considered. For communities, such instruction may involve

13  issues of funding, staffing, training, and neighborhood and

14  parental involvement, and instruction on other issues. For

15  families, such instruction may involve practical strategies

16  for addressing family substance abuse; improving cognitive,

17  communication, and decisionmaking skills; providing parents

18  with techniques for resolving conflicts, communicating, and

19  cultivating meaningful relationships with their children and

20  establishing guidelines for their children; educating families

21  about drug-free programs and activities in which they may

22  serve as participants and planners; and other programs of

23  similar instruction. To maximize the effectiveness of such

24  forums, multiple agencies should participate.

25         (j)  Examine the extent to which all state programs

26  that involve substance-abuse treatment can include a

27  meaningful work component, and identify any change in the law

28  which would remove barriers to or enhance the work component

29  for a substance-abuse-treatment program.

30

31

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  1         (k)  Recommend to the Governor and the Legislature ways

  2  to expand and fund drug courts, which have proven effective in

  3  the state's drug-control strategy.

  4         Section 3.  Subsection (2) of section 944.473, Florida

  5  Statutes, is amended to read:

  6         944.473  Inmate substance abuse testing program.--

  7         (2)  SUBSTANCE ABUSE TREATMENT PROGRAMS.--

  8         (a)  An inmate who meets the criteria established by

  9  the department shall participate in substance-abuse-program

10  services when such services are available. A right to

11  substance-abuse-program services is not stated, intended, or

12  otherwise implied by this chapter.

13         (b)  Upon arrival at a department's reception center

14  for initial processing, each inmate shall be screened and

15  assessed to determine if the inmate meets the department's

16  criteria for mandated participation in a substance-abuse

17  program. Criteria for mandated substance-abuse-program

18  services shall be based on:

19         1.  The presence of a diagnosed psychoactive substance

20  dependence or use disorder;

21         2.  The severity of the addiction;

22         3.  A history of criminal behavior related to substance

23  abuse;

24         4.  A recommendation by a sentencing authority for

25  substance-abuse-program services;

26         5.  Unsuccessful participation in community-based

27  substance-abuse services;

28         6.  Sentencing by a drug court or drug division; and

29         7.  Other classification or program criteria that the

30  department finds will ensure security and optimal program

31  placement.

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  1         (c)  When selecting contract providers to administer

  2  substance-abuse-treatment programs, the department shall make

  3  every effort to consider qualified faith-based service groups

  4  on an equal basis with other private, nonprofit organizations.

  5  If substance abuse treatment is requested by an inmate, the

  6  department shall place the inmate in a substance abuse

  7  treatment program, if available and appropriate.

  8         Section 4.  Section 944.4731, Florida Statutes, is

  9  created to read:

10         944.4731  Addiction-Recovery Supervision Program.--

11         (1)  This section may be cited as the

12  "Addiction-Recovery Supervision Program Act."

13         (2)(a)  Any offender who is convicted of a crime

14  committed on or after July 1, 2001, must be given

15  addiction-recovery supervision if the offender has:

16         1.  A history of substance-abuse or addiction;

17         2.  Participated in drug treatment;

18         3.  No current or previous convictions for a violent

19  offense;

20         4.  No current or previous conviction for a property

21  offense, except for a conviction for:

22         a.  Passing worthless checks, forgery, uttering, or

23  counterfeiting;

24         b.  Third-degree felony grand theft, excluding a theft

25  relating to firearms; or

26         c.  Third-degree felony burglary of an unoccupied

27  structure or conveyance; and

28         5.  No current or previous conviction for a traffic

29  offense involving injury or death.

30         (b)  An offender released under addiction-recovery

31  supervision shall be subject to specified terms and

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  1  conditions, including payment of the costs of supervision

  2  under s. 948.09 and any other court-ordered payments, such as

  3  child support and restitution. If an offender has received a

  4  term of probation or community control to be served after

  5  release from incarceration, the period of probation or

  6  community control may not be substituted for

  7  addiction-recovery supervision. A panel of not fewer than two

  8  parole commissioners shall establish the terms and conditions

  9  of supervision. In setting the terms and conditions of

10  supervision, the parole commission shall weigh heavily the

11  program requirements, including, but not limited to, work at

12  paid employment while participating in treatment and traveling

13  restrictions. The commission shall also determine whether an

14  offender violates the terms and conditions of supervision and

15  whether a violation warrants revocation of addiction-recovery

16  supervision. The parole commission shall review the offender's

17  record for the purpose of establishing the terms and

18  conditions of supervision. The parole commission may impose

19  any special conditions it considers warranted from its review

20  of the record.

21         (c)  The Legislature finds that offenders released from

22  state prison into the community who meet the criteria for

23  participating in the addiction-recovery supervision program

24  possess the greatest potential for successful substance-abuse

25  recovery through treatment and transition assistance.

26         (3)  Any offender who meets the criteria in subsection

27  (2) and who is nearing his or her date of release into the

28  community shall be informed by the department of any available

29  contracted substance-abuse-transition housing programs,

30  including those programs operated by faith-based service

31  groups. If the offender wishes to be placed in a program, the

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  1  department shall, to the fullest extent possible, facilitate

  2  the placement.

  3         (4)(a)  Each fiscal year, and contingent upon funding,

  4  the department shall enter into contracts with multiple

  5  providers who are private nonprofit organizations, including

  6  faith-based service groups, to operate

  7  substance-abuse-transition housing programs, including

  8  providers that:

  9         1.  Provide postrelease housing, programming,

10  treatment, and other transitional services;

11         2.  Emphasize job placement and gainful employment for

12  program participants;

13         3.  Provide a curriculum related to substance-abuse

14  treatment which uses a 12-step model of addiction recovery;

15         4.  Require a minimum length of stay of 6 months and a

16  maximum length of stay of 12 months; and

17         5.  Use community volunteers in operating the program

18  to the greatest extent possible.

19         (b)  The department shall allow providers to use

20  innovative approaches to treatment and shall authorize a high

21  level of flexibility in operating a program. If the contracted

22  provider is a faith-based service group, the department shall

23  ensure that the faith component applies to all faith groups

24  and that the provider does not attempt to convert an offender

25  toward a particular religious preference.

26         (5)  When facilitating job placement for an offender

27  under this program, the provider shall make every effort to

28  secure suitable employment that provides adequate wages, a

29  potential for advancement, and a likelihood of stable and

30  long-term employment. To measure the success of postrelease

31  job placement, the department shall, as part of its annual

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  1  report, track for 1 year offenders who successfully complete

  2  the program and shall determine their employment status.

  3         (6)  Each contract entered into under this section for

  4  operating a substance-abuse-transition housing program must

  5  invite innovation, minimize bureaucracy, and permit the

  6  nonprofit organization or faith-based provider to petition the

  7  department to waive any rule, policy, or procedure that is

  8  inconsistent with the mission of the nonprofit organization or

  9  faith-based provider.

10         (7)  Six months before an offender is released, the

11  chaplain and transition-assistance specialist at the

12  institution where the offender is incarcerated shall initiate

13  the prerelease screening process, in addition to the basic

14  release orientation required under s. 944.705.

15         (a)  The transition-assistance specialist and the

16  chaplain shall provide a list of contracted nonprofit and

17  faith-based providers and other private, nonprofit

18  organizations to the offender, assist the offender in

19  selecting a program, and facilitate the application process.

20         (b)  If an offender participated in a faith-based

21  program while incarcerated or housed at a community

22  correctional center and the same or similar faith-based

23  provider offers a contracted substance-abuse-transition

24  housing program, the department shall make every attempt to

25  maintain this continuum of care.

26         (8)  While participating in a

27  substance-abuse-transition housing program, an offender shall:

28         (a)  Adhere to all conditions of supervision enforced

29  by the correctional probation officer and the program

30  provider. Failure to comply with such rules or conditions will

31  result in revocation of supervision.

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  1         (b)  Pay fees to defray program costs, costs of

  2  supervision required under s. 948.09, and any restitution or

  3  obligations for child support.

  4         (c)  Participate in a 12-step model of recovery, as

  5  prescribed by the program provider.

  6         Section 5.  Section 944.702, Florida Statutes, is

  7  amended to read:

  8         944.702  Legislative intent.--It is the intent of the

  9  Legislature to provide persons released from incarceration

10  from the Department of Corrections with certain fundamental

11  resources in the areas of employment, life skills training,

12  job placement, and access to as many support services as

13  possible in order to appreciably increase the likelihood of

14  the inmate's successful reentry into free society. The

15  Legislature intends that these support services include

16  faith-based service groups on an equal basis with other

17  private, nonprofit organizations. The Legislature finds that

18  releasing substance-abusing inmates in particular into the

19  community without effectively addressing their addictions is

20  tantamount to ensuring future crime.

21         Section 6.  Section 944.703, Florida Statutes, is

22  amended to read:

23         944.703  Eligible inmates.--Sections 944.701-944.708

24  apply to all inmates released from the custody of the

25  department.  However, priority should be given to

26  substance-addicted inmates to help break the cycle of drug

27  abuse, prostitution, and other self-injurious criminal

28  behavior that causes harm to families and communities. Those

29  inmates with a detainer are eligible if the department

30  determines that cancellation of the detainer is likely or that

31  the incarceration for which the detainer was issued will be of

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  1  short duration.  The department shall confirm the detainer

  2  with the originating authority prior to release.

  3         Section 7.  Section 944.704, Florida Statutes, is

  4  amended to read:

  5         944.704  Staff who provide transition assistance;

  6  duties.--The department shall provide a transition-assistance

  7  specialist transition assistance officer at each of the major

  8  institutions whose duties include, but are not limited to:

  9         (1)  Coordinating delivery of transition-assistance

10  transition assistance program services at the institution and

11  at the community correctional centers authorized pursuant to

12  s. 945.091(1)(b).

13         (2)  Assisting in the development of each inmate's

14  postrelease plan.

15         (3)  Obtaining job placement information for

16  transmittal to the Department of Labor and Employment

17  Security.

18         (4)  Facilitating placement in a private, nonprofit

19  transitional housing program, if requested by any eligible

20  inmate. If an inmate is considering being placed in a

21  contracted faith-based substance-abuse-transitional housing

22  program as described in s. 944.803 or s. 944.4731, the

23  transition-assistance specialist shall consult and coordinate

24  with the appropriate chaplain. If an inmate seeks placement in

25  a contracted program, the transition-assistance specialist and

26  chaplain shall assist the inmate in the application process

27  and facilitate placement in such program. In making such

28  placement, the department shall ensure that the faith

29  component applies to all faith groups and does not attempt to

30  convert an inmate toward a particular religious preference.

31

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  1         (5)(4)  Providing a photo identification card to all

  2  inmates prior to their release.

  3

  4  The transition-assistance specialist may not be a correctional

  5  officer or correctional probation officer as defined in s.

  6  943.10.

  7         Section 8.  Subsections (1) and (2) of section 944.705,

  8  Florida Statutes, are reenacted, and subsection (5) of that

  9  section is amended to read:

10         944.705  Release orientation program.--

11         (1)  The department shall provide participation in a

12  standardized release orientation program to every eligible

13  inmate.

14         (2)  The release orientation program instruction must

15  include, but is not limited to:

16         (a)  Employment skills.

17         (b)  Money management skills.

18         (c)  Personal development and planning.

19         (d)  Special needs.

20         (e)  Community reentry concerns.

21         (f)  Community reentry support.

22         (g)  Any other appropriate instruction to ensure the

23  inmate's successful reentry into the community.

24         (5)  The department may is authorized to contract with

25  public or private entities, including faith-based service

26  groups, for the provision of all or part of the services

27  pursuant to this section.

28         Section 9.  Section 944.706, Florida Statutes, is

29  amended to read:

30         944.706  Basic release assistance.--

31

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  1         (1)  Any inmate who is being released is eligible for

  2  transition assistance.  Those inmates released to a detainer

  3  are eligible pursuant to s. 944.703.

  4         (2)  The department may is authorized to contract with

  5  the Department of Children and Family Services, the Salvation

  6  Army, and other public or private organizations, including

  7  faith-based service groups, for the provision of basic support

  8  services for releasees.  The department shall contract with

  9  the Department of Labor and Employment Security for the

10  provision of releasee job placement.

11         (3)  The department shall adopt promulgate rules for

12  the development, implementation, and termination of transition

13  assistance.

14         Section 10.  Section 944.707, Florida Statutes, is

15  amended to read:

16         944.707  Postrelease special services; job placement

17  services.--

18         (1)  The department shall attempt to generate and

19  provide to every releasee, identified by the prerelease needs

20  assessment, support services such as, but not limited to,

21  substance abuse counseling, family counseling, and employment

22  support programs.  The department may is authorized to select

23  and contract with public or private organizations, including

24  faith-based service groups, for the provision of these basic

25  support services. When selecting a provider, the department

26  shall consider faith-based service groups on an equal basis

27  with other private, nonprofit organizations. Provider

28  selection criteria include, but are not limited to:

29         (a)  The depth and scope of services provided.

30         (b)  The geographic area to be served.

31

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  1         (c)  The number of inmates to be served and the cost of

  2  services per inmate.

  3         (d)  The individual provider's record of success in the

  4  provision of inmate services.

  5         (2)  The department shall maintain and regularly update

  6  a comprehensive directory of support services offered by

  7  private, nonprofit organizations and faith-based service

  8  groups for the purpose of assisting transition-assistance

  9  specialists and chaplains in making individualized placements

10  and referrals. The following items shall be provided to the

11  Department of Labor and Employment Security job service office

12  located nearest to the inmate's intended residence:

13         (a)  The job placement information obtained at release

14  orientation.

15         (b)  Referral information for the needed basic support

16  service providers.

17         (3)(a)  The Department of Labor and Employment Security

18  shall assign job service staff exclusively dedicated to

19  releasee services at those offices identified by the

20  Department of Corrections as having a high number of releasee

21  contacts.  Those offices having a fewer number of releasee

22  contacts shall have designated staff assigned to assist

23  releasees.  The Department of Labor and Employment Security

24  shall provide appropriate training for staff assigned to

25  assist releasees.  Staff assigned to assist releasees shall

26  use job placement information obtained at each releasee's

27  release orientation to attempt to secure suitable employment

28  for the releasee prior to the releasee's arrival.  Staff

29  assigned to assist releasees shall act to maximize releasee

30  placement opportunities in the job service office service

31  area.

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  1         (b)  The Department of Labor and Employment Security

  2  shall provide to the Department of Corrections data relating

  3  to inmate placement, tracking, and market needs.

  4         Section 11.  Section 944.803, Florida Statutes, is

  5  amended to read:

  6         944.803  Faith-based programs for inmates.--

  7         (1)  The Legislature finds and declares that

  8  faith-based programs offered in state and private correctional

  9  institutions and facilities have the potential to facilitate

10  inmate institutional adjustment, help inmates assume personal

11  responsibility, and reduce recidivism.

12         (2)  It is the intent of the Legislature that the

13  Department of Corrections and the private vendors operating

14  private correctional facilities shall continuously:

15         (a)  Measure recidivism rates for inmates who have

16  participated in religious programs;

17         (b)  Increase the number of volunteers who minister to

18  inmates from various faith-based institutions in the

19  community;

20         (c)  Develop community linkages with churches,

21  synagogues, mosques, and other faith-based institutions to

22  assist inmates in their release back into the community and

23  shall facilitate, when available, the placement of appropriate

24  releasees in contracted faith-based,

25  substance-abuse-transition housing programs; and

26         (d)  Fund through the use of inmate welfare trust funds

27  pursuant to s. 945.215 an adequate number of chaplains and

28  support staff to operate faith-based programs in correctional

29  institutions.

30         (3)  By March 1, 2002, the department must have at

31  least six faith-based dormitory programs fully operational

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  1  within existing correctional institutions. These six programs

  2  shall be similar to and in addition to the pilot program

  3  operating at Tomoka Correctional Institution. The six new

  4  programs shall be a joint effort with the department and

  5  faith-based service groups within the community. The

  6  department shall ensure that the faith component of these

  7  programs applies to all faith groups and does not attempt to

  8  convert an inmate toward a particular religious preference.

  9  The programs shall operate 24 hours a day within the existing

10  correctional facilities. The programs must emphasize the

11  importance of personal responsibility, meaningful work,

12  education, substance-abuse treatment, and peer support.

13  Participation is voluntary, but will be restricted to those

14  inmates who will be released within 36 months. Assignment to

15  these programs shall be based on evaluation and the length of

16  time the inmate is projected to be assigned to that particular

17  institution. In evaluating an inmate for this program,

18  priority shall be given to inmates who have shown an

19  indication for substance abuse. The department may not remove

20  an inmate once assigned to the program except for the purposes

21  of population management, for inmate conduct that may subject

22  the inmate to disciplinary confinement or loss of gain-time,

23  or for security or safety concerns. To support the programming

24  component, the department shall assign a chaplain and a

25  full-time clerical support person dedicated to each dormitory

26  to implement and monitor the program and to strengthen

27  volunteer participation and support. By January 1, 2004, the

28  department shall submit an evaluation report to the Governor,

29  the President of the Senate, and the Speaker of the House of

30  Representatives on the faith-based dormitory program. The

31  report must contain the findings from an extensive and

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  1  scientifically sound evaluation of the program, including at

  2  least a longitudinal followup of the inmates who successfully

  3  completed the program compared to other similar inmates who

  4  did not participate and an opinion survey of the faith-based

  5  service providers.

  6         (4)  Effective July 1, 2001, the Department of

  7  Corrections shall assign chaplains to specified community

  8  correctional centers authorized pursuant to s. 945.091(1)(b).

  9  These chaplains shall strengthen volunteer participation by

10  recruiting volunteers in the community to assist inmates in

11  transition, and, if requested by the inmate, placement in a

12  mentoring program or at a contracted faith-based

13  substance-abuse-transitional housing program. When placing an

14  inmate in a contracted program, the chaplain shall work with

15  the institutional transition-assistance specialist in an

16  effort to successfully place the released inmate.

17         (5)  In the case of an inmate who is not eligible for

18  placement in a community correctional center authorized

19  pursuant to s. 945.091(1)(b) and who is nearing release, the

20  transition-assistance specialist shall inform the inmate of

21  the availability of placement in a contracted faith-based

22  substance-abuse-transitional housing program upon release. If

23  the inmate requests such consideration, the

24  transition-assistance specialist, along with the institutional

25  chaplain, must assist in the placement.

26         (6)  In the case of an inmate who is placed at a

27  community correctional center authorized pursuant to s.

28  945.091(1)(b) and who is nearing release, the

29  transition-assistance specialist shall inform the inmate of

30  the availability of placement in a contracted faith-based

31  substance-abuse-transitional housing program upon release. If

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  1  the inmate requests such consideration, the

  2  transition-assistance specialist, along with the appropriate

  3  chaplain, must assist in the placement.

  4         (7)  The department shall ensure that any faith

  5  component of any program authorized in this chapter is offered

  6  on a voluntary basis and applies to all faith groups and that

  7  the program does not attempt to convert an inmate toward a

  8  particular religious preference.

  9         (8)  The department shall ensure that state funds are

10  not expended for the sole purpose of furthering religious

11  indoctrination, but rather, that state funds are expended for

12  purposes of furthering the secular goals of criminal

13  rehabilitation, the successful reintegration of offenders into

14  the community, and the reduction of recidivism.

15         Section 12.  Subsection (1) of section 945.091, Florida

16  Statutes, is amended to read:

17         945.091  Extension of the limits of confinement;

18  restitution by employed inmates.--

19         (1)  The department may is authorized to adopt rules

20  regulations permitting the extension of the limits of the

21  place of confinement of an inmate as to whom there is

22  reasonable cause to believe that the inmate will honor his or

23  her trust by authorizing the inmate, under prescribed

24  conditions and following investigation and approval by the

25  secretary, or the secretary's designee, who shall maintain a

26  written record of such action, to leave the confines of that

27  place unaccompanied by a custodial agent for a prescribed

28  period of time to:

29         (a)  Visit, for a specified period, a specifically

30  designated place or places:

31

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  1         1.  For the purpose of visiting a dying relative,

  2  attending the funeral of a relative, or arranging for

  3  employment or for a suitable residence for use when released;

  4         2.  To otherwise aid in the rehabilitation of the

  5  inmate and his or her successful transition into the

  6  community; or

  7         3.  For another compelling reason consistent with the

  8  public interest,

  9

10  and return to the same or another institution or facility

11  designated by the Department of Corrections.

12         (b)  Work at paid employment, participate in an

13  education or a training program, or voluntarily serve a public

14  or nonprofit agency or faith-based service group in the

15  community, while continuing as an inmate of the institution or

16  facility in which the inmate is confined, except during the

17  hours of his or her employment, education, training, or

18  service and traveling thereto and therefrom.

19         1.  An inmate may participate in paid employment only

20  during the last 36 months of his or her confinement, unless

21  sooner requested by the Parole Commission or the Control

22  Release Authority.

23         2.  While working at paid employment and residing in

24  the facility, and inmate may work with the chaplain, if

25  available, to apply for placement at a contracted faith-based

26  substance-abuse-transitional housing program. The department

27  shall ensure that the faith component of this program applies

28  to all faith groups and that the program does not attempt to

29  convert an inmate toward a particular religious preference.

30         (c)  Participate in a residential or nonresidential

31  rehabilitative program operated by a public or private,

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  1  nonprofit agency, including faith-based service groups, with

  2  which the department has contracted for the treatment of such

  3  inmate.  The provisions of ss. 216.311 and 287.057 shall apply

  4  to all contracts between the department and any private entity

  5  providing such services.  The department shall require such

  6  agency to provide appropriate supervision of inmates

  7  participating in such program.  The department is authorized

  8  to terminate any inmate's participation in the program if such

  9  inmate fails to demonstrate satisfactory progress in the

10  program as established by departmental rules.

11         Section 13.  Paragraph (a) of subsection (6) and

12  subsection (7) of section 948.08, Florida Statutes, are

13  amended to read:

14         948.08  Pretrial intervention program.--

15         (6)(a)  On the recommendation and approval of the state

16  attorney Notwithstanding any provision of this section, a

17  person who is charged with a felony of the second or third

18  degree for purchase or possession of a controlled substance

19  under chapter 893; who has not been charged with a crime

20  involving violence, including, but not limited to, murder,

21  sexual battery, robbery, carjacking, home-invasion robbery, or

22  any other crime involving violence;, and who has not

23  previously been convicted of a felony nor been admitted to a

24  pretrial program referred to in this section, is eligible for

25  admission into a pretrial substance abuse education and

26  treatment intervention program approved by the chief judge of

27  the circuit, for a period of not less than 1 year in duration,

28  upon motion of either party or the court's own motion, except:

29         1.  If a defendant was previously offered admission to

30  a pretrial substance abuse education and treatment

31  intervention program at any time prior to trial and the

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  1  defendant rejected that offer on the record, then the court or

  2  the state attorney may deny the defendant's admission to such

  3  a program.

  4         2.  If the state attorney believes that the facts and

  5  circumstances of the case suggest the defendant's involvement

  6  in the dealing and selling of controlled substances, the court

  7  shall hold a preadmission hearing. If the state attorney

  8  establishes, by a preponderance of the evidence at such

  9  hearing, that the defendant was involved in the dealing or

10  selling of controlled substances, the court shall deny the

11  defendant's admission into a pretrial intervention program.

12         (7)  The chief judge in each circuit may appoint an

13  advisory committee for the pretrial intervention program

14  composed of the chief judge or his or her designee, who shall

15  serve as chair; the state attorney, the public defender, and

16  the program administrator, or their designees; and such other

17  persons as the chair deems appropriate. The advisory committee

18  may not designate any defendant eligible for a pretrial

19  intervention program without the state attorney's

20  recommendation and approval. The committee may also include

21  persons representing any other agencies to which persons

22  released to the pretrial intervention program may be referred.

23         Section 14.  Section 951.10, Florida Statutes, is

24  amended to read:

25         951.10  Leasing prisoners to work for private interests

26  prohibited.--No County prisoners may not shall be leased to

27  work for any private interests. This section does not prohibit

28  county inmates from working in nonprofit and private-sector

29  jobs pursuant to s. 951.24(2) and consistent with federal law.

30         Section 15.  By March 1, 2002, the Department of

31  Corrections shall submit a comprehensive report to the

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  1  Governor, the President of the Senate, and the Speaker of the

  2  House of Representatives on its progress in implementing this

  3  act. In its comprehensive report the department shall:

  4         (1)  Identify the number of beds needed for

  5  substance-abuse-transitional housing for the 2002-2003 and

  6  2003-2005 fiscal years.

  7         (2)  Provide a 5-year plan for and the amount of funds

  8  needed to expand the number of faith-based dormitory programs

  9  and expand the number of chaplain-assisted community

10  correctional centers.

11         (3)  Project the number and fiscal impact of the

12  anticipated admissions to the Addiction-Recovery Supervision

13  Program over the next 5 years.

14         (4)  Describe and evaluate the activities and

15  coordination efforts of the Assistant Secretary for Program,

16  Transition, and Postrelease Services; the

17  transitional-assistance specialists at each institution; the

18  chaplain positions, and the expansion of comprehensive

19  transition courses.

20         Section 16.  By March 1, 2002, the Legislative

21  Committee on Intergovernmental Relations shall submit a

22  detailed report to the Legislature on the feasibility of

23  providing effective intervention and treatment strategies for

24  persons convicted of prostitution and detained in county

25  detention facilities.  In compiling this study, the committee

26  shall:

27         (1)  Identify and describe successful intervention and

28  treatment strategies in state county detention facilities and

29  other jurisdictions.

30

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  1         (2)  Survey each county detention facility in the state

  2  to determine what policies and practices are in place to

  3  address persons convicted of prostitution.

  4         (3)  Determine the number of prostitutes being held in

  5  county detention facilities, their length of stay, and their

  6  frequency of incarceration.

  7         (4)  Examine relevant scientific studies documenting

  8  any correlation between prostitution and substance abuse.

  9         (5)  Consider the implications of enhancing the

10  criminal penalty for prostitution from a misdemeanor to a

11  third-degree felony for a third or subsequent prostitution

12  offense with respect to the availability of treatment and

13  rehabilitation programs.

14         (6)  Recommend any changes to substantive law and any

15  funding that is necessary to assist persons convicted of

16  prostitution from repeated incarceration in county detention

17  facilities in successfully returning to the community.

18         Section 17.  In an effort to ensure that inmates

19  released from the Department of Corrections successfully

20  reenter the community, beginning December 1, 2002, each inmate

21  released from incarceration by the department must complete a

22  100-hour comprehensive transition course that covers job

23  readiness and life-management skills.

24         Section 18.  (1)  The sum of $5,073,000 is appropriated

25  from the General Revenue Fund to the Department of Corrections

26  for the 2001-2002 fiscal year to implement the provisions of

27  this act for the secular purpose of reducing recidivism

28  through successful reintegration of released inmates into the

29  community. The appropriation shall fund a chaplain at each of

30  the following community correctional centers authorized under

31  section 945.091(1)(b), Florida Statutes:

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  1         (a)  Panama City.

  2         (b)  Pensacola.

  3         (c)  Ft. Lauderdale.

  4         (d)  Bartow.

  5         (e)  Daytona Beach.

  6         (f)  Orlando.

  7         (g)  Palm Beach.

  8         (h)  Ft. Pierce.

  9         (i)  Pinellas.

10         (j)  Pembroke Pines.

11         (2)  The chaplains shall assist inmates in transition,

12  strengthen participation of community volunteers, and serve as

13  a liaison with community leaders. A chaplain shall, if

14  requested, facilitate the placement of an inmate in a

15  mentoring program or in a contracted faith-based

16  substance-abuse-transitional housing program and perform other

17  duties specified in this act. Using nonrecurring funds from

18  the appropriation, the department may erect adjacent

19  structures or alter the physical design of a community

20  correctional center as is necessary to accommodate the program

21  needs and other unique requirements of the chaplain.

22         (3)(a)  This appropriation shall also be used to fund

23  60 transition-assistance specialists and to expand the

24  100-hour comprehensive transition course at each correctional

25  institution. The transition-assistance specialists shall

26  assist all inmates released from the custody of the department

27  who are eligible for the transition-assistance program.

28         (b)  The appropriation shall also be used to fund six

29  additional faith-based dormitories. Using nonrecurring funds

30  from the appropriation, the department shall alter the

31  physical design at selected dormitories as necessary to

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  1  accommodate program needs and other unique requirements of the

  2  program described in section 944.803, Florida Statutes.

  3  Recurring funds from this appropriation shall fund six

  4  chaplain positions, six accompanying clerical-support

  5  positions, and the purchase of miscellaneous supplies that are

  6  necessary to operate the program.

  7         (c)  Finally, this appropriation shall also fund, for

  8  the 2001-2002 fiscal year, the nonrecurring start-up and

  9  recurring per diem costs for 500 substance-abuse and

10  transitional-housing beds. The 500 substance-abuse and

11  transitional-housing beds shall be provided by faith-based

12  service groups under contract with the department. The new

13  beds and services shall be in addition to similar services

14  offered by other private, nonprofit organizations that do not

15  have a faith component and that are currently under contract

16  with the department. Funds from the appropriation shall be

17  used for paying nonrecurring start-up costs to ensure the

18  proper selection and training of staff and for expenses that

19  relate to preparing the facilities for occupancy.

20         (d)  The department shall ensure that state funds are

21  not expended for the sole purpose of furthering religious

22  indoctrination, but rather, that state funds are expended for

23  purposes of furthering the secular goals of criminal

24  rehabilitation, the successful reintegration of offenders into

25  the community, and the reduction of recidivism.

26         Section 19.  This act shall take effect July 1, 2001.

27

28

29

30

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  1            *****************************************

  2                          SENATE SUMMARY

  3    Renames the area of program services within the
      Department of Corrections as "program, transition, and
  4    postrelease services." Provides additional qualifications
      for members and revises the duties of the Statewide Drug
  5    Policy Advisory Council. Revises eligibility requirements
      for substance-abuse treatment provided by the Department
  6    of Corrections. Creates the Addiction-Recovery
      Supervision Program Act. Requires that the department
  7    contract with faith-based groups and private
      organizations to operate certain substance-abuse
  8    treatment and transition programs for inmates following
      release from incarceration. Revises various requirements
  9    for substance-abuse treatment provided for inmates.
      Requires that the department assign chaplains to certain
10    community correctional centers. (See bill for details.)

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

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