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.
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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.
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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.
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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.--
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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.
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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.
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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.
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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.)
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