Senate Bill sb0912c1

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    Florida Senate - 2001                            CS for SB 912

    By the Committee on Criminal Justice and Senator Villalobos





    307-1441C-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. 944.026, F.S.; requiring

11         the department to designate a certain number of

12         beds to be used for transition assistance;

13         expanding the types of offenders who are

14         eligible for nonsecure community-based

15         residential drug treatment; amending s.

16         944.473, F.S.; requiring certain inmates to

17         participate in substance-abuse treatment;

18         providing criteria for program participation;

19         creating s. 944.4731, F.S.; creating the

20         Addiction-Recovery Supervision Program Act;

21         providing criteria for program participation;

22         requiring the department to contract with

23         faith-based groups and private organizations to

24         operate substance-abuse-transition housing

25         programs; providing program requirements;

26         requiring prerelease screening; providing

27         requirements for offenders who participate in

28         the program; amending s. 944.702, F.S.;

29         providing legislative intent with respect to

30         support services for inmates who abuse

31         substances; amending ss. 944.703, 944.704,

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  1         F.S., relating to transition assistance for

  2         inmates; requiring that inmates who abuse

  3         substances receive priority assistance;

  4         providing for transition-assistance specialists

  5         at institutions; amending ss. 944.705, 944.706,

  6         944.707, F.S.; authorizing the department to

  7         contract with faith-based service groups for

  8         release-assistance programs and postrelease

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

10         additional requirements for faith-based

11         programs for inmates; requiring the department

12         to assign chaplains to certain community

13         correctional centers; amending s. 945.091,

14         F.S.; authorizing an inmate to participate in

15         faith-based service groups; amending s. 948.08,

16         F.S.; providing that specified offenders are

17         eligible for certain pretrial intervention

18         programs; amending s. 951.10, F.S.; clarifying

19         provisions governing the leasing of prisoners;

20         requiring the Department of Corrections to

21         report to the Governor and the Legislature on

22         the implementation of the act; requiring the

23         Legislative Committee on Intergovernmental

24         Relations to report to the Legislature on

25         intervention and treatment strategies for

26         persons convicted of prostitution; requiring

27         inmates to complete a course on job readiness

28         and life management before release; providing

29         an appropriation; providing an effective date.

30

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

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

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

  4  potential legislative solutions for reducing the repetitious

  5  self-injurious behavior of prostitution and substance abuse,

  6  and

  7         WHEREAS, those recommendations stemmed from the

  8  testimony from numerous individuals, substance-abuse experts,

  9  governmental officials, and private organizations throughout

10  Florida, and

11         WHEREAS, a significant recommendation made by the task

12  force was recognition that state government should not and

13  cannot bear the sole burden of treating and helping those

14  suffering from addictions and self-injurious behaviors, and

15         WHEREAS, the task force concluded that faith-based

16  organizations are "armies of compassion" devoted to changing

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

18  substance-abuse treatment through the use of volunteers and

19  other cost-saving measures, and

20         WHEREAS, the task force concluded that inmates with

21  histories of substance abuse will most likely return to prison

22  without transition assistance and postrelease supervision,

23  coupled with treatment and job placement, and

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

25  and faith-based programming is often more effective than

26  government programs in shaping and reclaiming lives because

27  they are free to assert the essential connection between

28  responsibility and human dignity; their approach is personal,

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

30  professional background, but of individual commitment; and

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  1  they inject an element of moral challenge and spiritual

  2  renewal that government cannot duplicate, and

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

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

  5  in Florida's correctional facilities found a strong and

  6  beneficial correlation between faith-based programming and

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

  8         WHEREAS, the Department of Corrections employs 105

  9  prison chaplains who are responsible for addressing the

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

11  developing community linkages with churches, synagogues,

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

13  recruiting and supervising volunteers who come into Florida's

14  prisons to provide spiritual programs, mentoring activities,

15  and other transitional skills, and

16         WHEREAS, the continued investment in the work of prison

17  chaplains and their clerical staff is a critical factor for

18  strengthening volunteer participation and support of

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

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

21  Programs in Correctional Facilities," and

22         WHEREAS, the task force recommended that the

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

24  and transition assistance for the secular purpose of reducing

25  recidivism, and

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

27  personally destructive and expensive recidivism cycle, Florida

28  should increase the number of chaplains who strengthen

29  volunteer participation; expand the pilot dormitory program

30  started in November 1999; and implement a strong

31  transition-assistance residential program that includes a

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  1  voluntary faith component that supports inmates as they

  2  reenter communities, NOW, THEREFORE,

  3

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

  5

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

  7  20.315, Florida Statutes, is amended to read:

  8         20.315  Department of Corrections.--There is created a

  9  Department of Corrections.

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

11  Department of Corrections is the Secretary of Corrections.

12  The secretary is appointed by the Governor, subject to

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

14  the Governor.  The secretary is responsible for planning,

15  coordinating, and managing the corrections system of the

16  state.  The secretary shall ensure that the programs and

17  services of the department are administered in accordance with

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

19  established program standards, and consistent with legislative

20  intent.  The secretary shall identify the need for and

21  recommend funding for the secure and efficient operation of

22  the state correctional system.

23         (c)  The secretary may appoint assistant secretaries,

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

25  necessary to accomplish the mission and goals of the

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

27  of program responsibility:

28         1.  Security and institutional operations, which shall

29  provide inmate work programs, offender programs, security

30  administration, emergency operations response, and operational

31  oversight of the regions.

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

  2  physician licensed under chapter 458 or an osteopathic

  3  physician licensed under chapter 459, or a professionally

  4  trained health care administrator with progressively

  5  responsible experience in health care administration.  This

  6  individual shall be responsible for the delivery of health

  7  services to offenders within the system and shall have direct

  8  professional authority over such services.

  9         3.  Community corrections, which shall provide for

10  coordination of community alternatives to incarceration and

11  operational oversight of community corrections regions.

12         4.  Administrative services, which shall provide budget

13  and accounting services within the department, including the

14  construction and maintenance of correctional institutions,

15  human resource management, research, planning and evaluation,

16  and technology.

17         5.  Program, transition, and postrelease services,

18  which shall provide for the direct management and supervision

19  of all departmental programs, including the coordination and

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

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

22  provide for the direct management and supervision of all

23  programs that furnish transition assistance to inmates who are

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

25  including the coordination, facilitation, and contract

26  management of prerelease and postrelease transition services

27  provided by governmental and private providers, including

28  faith-based service groups.

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

30  Florida Statutes, are amended to read:

31         397.333  Statewide Drug Policy Advisory Council.--

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

  2  created within the Executive Office of the Governor. The

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

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

  5  chairperson. The director of the Office of Planning and

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

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

  8  Planning and Budgeting shall provide staff support for the

  9  advisory council.

10         (b)  The following state officials shall be appointed

11  to serve on the advisory council:

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

13         2.  The executive director of the Department of Law

14  Enforcement, or his or her designee.

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

16  his or her designee.

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

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

19  designee.

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

21  designee.

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

23  designee.

24         8.  The executive director of the Department of Highway

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

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

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

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

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

30  appointed members, one members must have professional or

31  occupational expertise in drug enforcement, one member must

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  1  have professional or occupational expertise in substance abuse

  2  prevention, and one member must have professional or

  3  occupational expertise in substance abuse treatment, and two

  4  members must have professional or occupational expertise in

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

  6  of the members appointed should have professional or

  7  occupational expertise in, or be generally knowledgeable

  8  about, issues that relate to drug enforcement and substance

  9  abuse programs and services. The members appointed by the

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

11  geographic areas of the state.

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

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

14  House of Representatives shall appoint a member of the House

15  of Representatives to the advisory council.

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

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

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

19  of the Senate, the Speaker of the House of Representatives,

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

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

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

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

24  to 4-year terms.

25         (3)  The advisory council shall:

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

27  substance abuse in this state and make recommendations to the

28  Governor and Legislature for developing and implementing a

29  state drug control strategy. The advisory council shall

30  determine the most effective means of establishing clear and

31  meaningful lines of communication between the advisory council

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

  2  process of developing and implementing the state drug control

  3  strategy has afforded a broad spectrum of the public and

  4  private sectors an opportunity to comment and make

  5  recommendations.

  6         (b)  Review and make recommendations to the Governor

  7  and Legislature on funding substance abuse programs and

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

  9  developed. The council may recommend the creation of a

10  separate appropriations category for funding services

11  delivered or procured by state agencies and may recommend the

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

13  414.065.

14         (c)  Review various substance abuse programs and

15  recommend, where needed, measures that are sufficient to

16  determine program outcomes. The council shall review different

17  methodologies for evaluating programs and determine whether

18  programs within different agencies have common outcomes. The

19  methodologies shall be consistent with those established under

20  s. 216.0166.

21         (d)  Review the drug control strategies and programs

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

23  and compile the relevant research.

24         (e)  Recommend to the Governor and Legislature applied

25  research projects that would use research capabilities within

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

27  State University System, for the purpose of achieving improved

28  outcomes and making better-informed strategic budgetary

29  decisions.

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  1         (f)  Recommend to the Governor and Legislature changes

  2  in law which would remove barriers to or enhance the

  3  implementation of the state drug control strategy.

  4         (g)  Make recommendations to the Governor and the

  5  Legislature on the need for public information campaigns to be

  6  conducted in the state to limit substance abuse.

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

  8  and multidisciplinary response to the substance abuse problem

  9  in this state, with special attention given to creating

10  partnerships within and between the public and private

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

12  delivery of multiple-system services for substance abusers,

13  including a multiagency team approach to service delivery.

14         (i)  Assist communities and families in pooling their

15  knowledge and experiences with respect to the problem of

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

17  practical information, as well as instruction, should be

18  considered. For communities, such instruction may involve

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

20  parental involvement, and instruction on other issues. For

21  families, such instruction may involve practical strategies

22  for addressing family substance abuse; improving cognitive,

23  communication, and decisionmaking skills; providing parents

24  with techniques for resolving conflicts, communicating, and

25  cultivating meaningful relationships with their children and

26  establishing guidelines for their children; educating families

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

28  serve as participants and planners; and other programs of

29  similar instruction. To maximize the effectiveness of such

30  forums, multiple agencies should participate.

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

  2  that involve substance-abuse treatment can include a

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

  4  which would remove barriers to or enhance the work component

  5  for a substance-abuse-treatment program.

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

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

  8  the state's drug-control strategy.

  9         Section 3.  Section 944.026, Florida Statutes, is

10  amended to read:

11         944.026  Community-based facilities and programs.--

12         (1)  In addition to those facilities and services

13  described elsewhere in this chapter, the department shall

14  develop, provide, or contract for a statewide system of

15  community-based facilities, services, and programs dealing

16  with the rehabilitation of offenders, which shall include, but

17  not be limited to:

18         (a)  A system of community correctional centers to be

19  used for reintegration of the offender back into the

20  community, located at various places throughout the state as

21  provided in s. 944.033.

22         (b)  Community-based residential drug treatment

23  facilities that which include:

24         1.  Nonsecure facilities, whereby probationers and drug

25  offender probationers who have violated their terms or

26  conditions, or persons placed on community control whose

27  presumptive sentence exceeds 22 months, may be required to

28  reside while working, receiving treatment, or attending

29  school, and whereby inmates may be placed who are nearing

30  their date of release from a correctional institution or a

31  community correctional center, who are in need of placement in

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  1  a substance-abuse-transition housing program, and who are

  2  considered eligible for such placement by the department; and

  3         2.  Secure facilities which provide for limited access

  4  for the duration of the program for persons who have violated

  5  their conditions of probation, drug offender probation, or

  6  community control, and whose presumptive sentence exceeds 22

  7  months.

  8         (c)  A system of probation and restitution centers

  9  throughout the state whereby probationers, drug offender

10  probationers, and community controllees who have violated

11  their terms or conditions, and whose presumptive sentence

12  exceeds 22 months, may be required to reside while working,

13  receiving treatment, or attending school, or for persons on

14  probation, drug offender probation, or community control who

15  may be  required to attend outpatient substance abuse

16  counseling.  The purpose of these facilities and services is

17  to provide the court with an alternative to committing

18  offenders to more secure state correctional institutions and

19  to assist in the supervision of probationers, drug offender

20  probationers, and community controllees.

21         (2)  By January 1, 2002, and notwithstanding any other

22  law, the department shall ensure that at least 400 of its

23  contracted nonsecure community-based residential

24  substance-abuse-treatment beds authorized under subparagraph

25  (1)(b)1. are designated for transition assistance for inmates

26  who are nearing their date of release from a correctional

27  institution or a community correctional center. These

28  designated beds shall be provided by private organizations

29  that do not have a faith component and that are under contract

30  with the department. In making placement decisions, the

31  department and the contract providers shall give priority

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  1  consideration to those inmates who are nearing their date of

  2  release and who are to be placed in some form of postrelease

  3  community supervision. However, if an inmate whose sentence

  4  expires upon his or her release from a correctional

  5  institution or a community correction center and for whom

  6  community supervision is not required demonstrates the need

  7  for or interest in and suitability for transition-housing

  8  assistance, as determined by the department, the inmate is

  9  eligible to be considered for placement in transition housing.

10  A right to substance-abuse-program services is not stated,

11  intended, or otherwise implied by this subsection.

12         (3)(2)(a)  The department shall develop and implement

13  procedures to diagnose offenders prior to sentencing, for the

14  purpose of recommending to the sentencing court suitable

15  candidates for placement in a community-based residential drug

16  treatment facility or probation and restitution center as

17  provided in this section. The department shall also develop

18  and implement procedures to properly identify inmates prior to

19  release who demonstrate the need for or interest in and

20  suitability for placement in a community-based

21  substance-abuse-transition housing program as provided in this

22  section and pursuant to ss. 944.704 and 944.4731.

23         (b)  Pretrial intervention programs in appropriate

24  counties to provide early counseling and supervision services

25  to specified offenders as provided in s. 948.08.

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

27  Statutes, is amended to read:

28         944.473  Inmate substance abuse testing program.--

29         (2)  SUBSTANCE ABUSE TREATMENT PROGRAMS.--

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

31  the department shall participate in substance-abuse-program

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  1  services when such services are available. A right to

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

  3  otherwise implied by this chapter.

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

  5  for initial processing, each inmate shall be screened and

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

  7  criteria for mandated participation in a substance-abuse

  8  program. Criteria for mandated substance-abuse-program

  9  services shall be based on:

10         1.  The presence of a diagnosed psychoactive substance

11  dependence or use disorder;

12         2.  The severity of the addiction;

13         3.  A history of criminal behavior related to substance

14  abuse;

15         4.  A recommendation by a sentencing authority for

16  substance-abuse-program services;

17         5.  Unsuccessful participation in community-based

18  substance-abuse services;

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

20         7.  Other classification or program criteria that the

21  department finds will ensure security and optimal program

22  placement.

23         (c)  When selecting contract providers to administer

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

25  every effort to consider qualified faith-based service groups

26  on an equal basis with other private organizations. If

27  substance abuse treatment is requested by an inmate, the

28  department shall place the inmate in a substance abuse

29  treatment program, if available and appropriate.

30         Section 5.  Section 944.4731, Florida Statutes, is

31  created to read:

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  1         944.4731  Addiction-Recovery Supervision Program.--

  2         (1)  This section may be cited as the

  3  "Addiction-Recovery Supervision Program Act."

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

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

  6  addiction-recovery supervision if the offender has:

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

  8         2.  Participated in any drug treatment;

  9         3.  No current or previous convictions for a violent

10  offense;

11         4.  No current or previous convictions for drug

12  trafficking or for the unlawful sale of a controlled

13  substance;

14         5.  No current or previous convictions for a property

15  offense, except for a conviction for:

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

17  counterfeiting;

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

19  relating to firearms; or

20         c.  Third-degree felony burglary of an unoccupied

21  structure or conveyance; and

22         6.  No current or previous conviction for a traffic

23  offense involving injury or death.

24         (b)  An offender released under addiction-recovery

25  supervision shall be subject to specified terms and

26  conditions, including payment of the costs of supervision

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

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

29  term of probation or community control to be served after

30  release from incarceration, the period of probation or

31  community control may not be substituted for

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  1  addiction-recovery supervision and shall follow the term of

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

  3  parole commissioners shall establish the terms and conditions

  4  of supervision, and the terms and conditions must be included

  5  in the supervision order. In setting the terms and conditions

  6  of supervision, the parole commission shall weigh heavily the

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

  8  paid employment while participating in treatment and traveling

  9  restrictions. The commission shall also determine whether an

10  offender violates the terms and conditions of supervision and

11  whether a violation warrants revocation of addiction-recovery

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

13  record for the purpose of establishing the terms and

14  conditions of supervision. The parole commission may impose

15  any special conditions it considers warranted from its review

16  of the record. The length of supervision may not exceed the

17  maximum penalty imposed by the court.

18         (c)  The Legislature finds that offenders released from

19  state prison into the community who meet the criteria for

20  participating in the addiction-recovery supervision program

21  possess the greatest potential for successful substance-abuse

22  recovery through treatment and transition assistance.

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

24  the department shall enter into contracts with multiple

25  providers who are private organizations, including faith-based

26  service groups, to operate substance-abuse-transition housing

27  programs, including providers that:

28         1.  Provide postrelease housing, programming,

29  treatment, and other transitional services;

30         2.  Emphasize job placement and gainful employment for

31  program participants;

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  1         3.  Provide a curriculum related to substance-abuse

  2  treatment which uses a cognitive-behavior model or 12-step

  3  model of addiction recovery;

  4         4.  Provide for a length of stay of not more than 12

  5  months; and

  6         5.  Use community volunteers in operating the program

  7  to the greatest extent possible.

  8         (b)  The department shall allow providers to use

  9  innovative approaches to treatment and shall authorize a high

10  level of flexibility in operating a program. The department

11  shall ensure that an offender's faith orientation, or lack

12  thereof, will not be considered in determining admission to a

13  faith-based program and that the program does not attempt to

14  convert an offender toward a particular faith or religious

15  preference.

16         (4)  When facilitating job placement for an offender

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

18  secure suitable employment that provides adequate wages, a

19  potential for advancement, and a likelihood of stable and

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

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

22  report, track for 1 year offenders who successfully complete

23  the program and shall determine their employment status.

24         (5)  Each contract entered into under this section for

25  operating a substance-abuse-transition housing program must

26  invite innovation, minimize bureaucracy, and permit the

27  private organization or faith-based provider to petition the

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

29  inconsistent with the mission of the private organization or

30  faith-based provider.

31

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  1         (6)  Six months before an offender is released, the

  2  chaplain and transition-assistance specialist at the

  3  institution where the offender is incarcerated shall initiate

  4  the prerelease screening process in addition to the basic

  5  release orientation required under s. 944.705.

  6         (a)  The transition-assistance specialist and the

  7  chaplain shall provide a list of contracted private providers,

  8  including faith-based providers, to the offender and

  9  facilitate the application process. The transition-assistance

10  specialist shall inform the offender of program availability

11  and assess the offender's need and suitability for

12  substance-abuse-transition housing assistance. If an offender

13  is approved for placement, the specialist shall assist the

14  offender and coordinate the release of the offender with the

15  selected program. If an offender requests and is approved for

16  placement in a contracted faith-based

17  substance-abuse-transition housing program, the specialist

18  must consult with the chaplain prior to such placement. A

19  right to substance-abuse-program services is not stated,

20  intended, or otherwise implied by this section.

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

22  program while incarcerated or housed at a community

23  correctional center and the same or a similar faith-based

24  provider offers a contracted substance-abuse-transition

25  housing program, the department shall make every attempt to

26  maintain this continuum of care.

27         (7)  While participating in a

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

29         (a)  Adhere to all conditions of supervision enforced

30  by the commission and the program provider. Failure to comply

31

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  1  with such rules or conditions may result in revocation of

  2  supervision.

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

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

  5  obligations for child support.

  6         (c)  Participate in a cognitive-behavior model or

  7  12-step model of recovery.

  8         (8)  The commission may adopt rules pursuant to ss.

  9  120.536(1) and 120.54 as necessary for administering this

10  section.

11         Section 6.  Section 944.702, Florida Statutes, is

12  amended to read:

13         944.702  Legislative intent.--It is the intent of the

14  Legislature to provide persons released from incarceration

15  from the Department of Corrections with certain fundamental

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

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

18  possible in order to appreciably increase the likelihood of

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

20  Legislature intends that these support services include

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

22  private organizations.

23         Section 7.  Section 944.703, Florida Statutes, is

24  amended to read:

25         944.703  Eligible inmates.--Sections 944.701-944.708

26  apply to all inmates released from the custody of the

27  department.  However, priority should be given to

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

29  abuse, prostitution, and other self-injurious criminal

30  behavior that causes harm to families and communities. Those

31  inmates with a detainer are eligible if the department

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  1  determines that cancellation of the detainer is likely or that

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

  3  short duration.  The department shall confirm the detainer

  4  with the originating authority prior to release.

  5         Section 8.  Section 944.704, Florida Statutes, is

  6  amended to read:

  7         944.704  Staff who provide transition assistance;

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

  9  specialist transition assistance officer at each of the major

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

11         (1)  Coordinating delivery of transition-assistance

12  transition assistance program services at the institution and

13  at the community correctional centers authorized pursuant to

14  s. 945.091(1)(b).

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

16  postrelease plan.

17         (3)  Obtaining job placement information for

18  transmittal to the Department of Labor and Employment

19  Security.

20         (4)  Facilitating placement in a private

21  transition-housing program, if requested by any eligible

22  inmate. If an inmate who is nearing his or her date of release

23  requests placement in a contracted substance-abuse-transition

24  housing program, the transition-assistance specialist shall

25  inform the inmate of program availability and assess the

26  inmate's need and suitability for transition-housing

27  assistance. If an inmate is approved for placement, the

28  specialist shall assist the inmate and coordinate the release

29  of the inmate with the selected program. If an inmate requests

30  and is approved for placement in a contracted faith-based

31  substance-abuse-transition housing program, the specialist

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  1  must consult with the chaplain prior to such placement. In

  2  selecting inmates who are nearing their date of release for

  3  placement in a faith-based program, the department shall

  4  ensure that an inmate's faith orientation, or lack thereof,

  5  will not be considered in determining admission to the program

  6  and that the program does not attempt to convert an inmate

  7  toward a particular faith or religious preference.

  8         (5)(4)  Providing a photo identification card to all

  9  inmates prior to their release.

10

11  The transition-assistance specialist may not be a correctional

12  officer or correctional probation officer as defined in s.

13  943.10.

14         Section 9.  Subsections (1) and (2) of section 944.705,

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

16  section is amended to read:

17         944.705  Release orientation program.--

18         (1)  The department shall provide participation in a

19  standardized release orientation program to every eligible

20  inmate.

21         (2)  The release orientation program instruction must

22  include, but is not limited to:

23         (a)  Employment skills.

24         (b)  Money management skills.

25         (c)  Personal development and planning.

26         (d)  Special needs.

27         (e)  Community reentry concerns.

28         (f)  Community reentry support.

29         (g)  Any other appropriate instruction to ensure the

30  inmate's successful reentry into the community.

31

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

  2  public or private entities, including faith-based service

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

  4  pursuant to this section.

  5         Section 10.  Section 944.706, Florida Statutes, is

  6  amended to read:

  7         944.706  Basic release assistance.--

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

  9  transition assistance.  Those inmates released to a detainer

10  are eligible pursuant to s. 944.703.

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

12  the Department of Children and Family Services, the Salvation

13  Army, and other public or private organizations, including

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

15  services for releasees.  The department shall contract with

16  the Department of Labor and Employment Security for the

17  provision of releasee job placement.

18         (3)  The department shall adopt promulgate rules for

19  the development, implementation, and termination of transition

20  assistance.

21         Section 11.  Section 944.707, Florida Statutes, is

22  amended to read:

23         944.707  Postrelease special services; job placement

24  services.--

25         (1)  The department shall attempt to generate and

26  provide to every releasee, identified by the prerelease needs

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

28  substance abuse counseling, family counseling, and employment

29  support programs.  The department may is authorized to select

30  and contract with public or private organizations, including

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

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  1  support services. When selecting a provider, the department

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

  3  with other private organizations. Provider selection criteria

  4  include, but are not limited to:

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

  6         (b)  The geographic area to be served.

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

  8  services per inmate.

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

10  provision of inmate services.

11         (2)  The department, with the assistance of the State

12  Office on Homelessness, shall maintain and regularly update a

13  comprehensive directory of support services offered by private

14  organizations and faith-based service groups for the purpose

15  of assisting transition-assistance specialists and chaplains

16  in making individualized placements and referrals. The

17  following items shall be provided to the Department of Labor

18  and Employment Security job service office located nearest to

19  the inmate's intended residence:

20         (a)  The job placement information obtained at release

21  orientation.

22         (b)  Referral information for the needed basic support

23  service providers.

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

25  shall assign job service staff exclusively dedicated to

26  releasee services at those offices identified by the

27  Department of Corrections as having a high number of releasee

28  contacts.  Those offices having a fewer number of releasee

29  contacts shall have designated staff assigned to assist

30  releasees.  The Department of Labor and Employment Security

31  shall provide appropriate training for staff assigned to

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  1  assist releasees.  Staff assigned to assist releasees shall

  2  use job placement information obtained at each releasee's

  3  release orientation to attempt to secure suitable employment

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

  5  assigned to assist releasees shall act to maximize releasee

  6  placement opportunities in the job service office service

  7  area.

  8         (b)  The Department of Labor and Employment Security

  9  shall provide to the Department of Corrections data relating

10  to inmate placement, tracking, and market needs.

11         Section 12.  Section 944.803, Florida Statutes, is

12  amended to read:

13         944.803  Faith-based programs for inmates.--

14         (1)  The Legislature finds and declares that

15  faith-based programs offered in state and private correctional

16  institutions and facilities have the potential to facilitate

17  inmate institutional adjustment, help inmates assume personal

18  responsibility, and reduce recidivism.

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

20  Department of Corrections and the private vendors operating

21  private correctional facilities shall continuously:

22         (a)  Measure recidivism rates for inmates who have

23  participated in religious programs;

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

25  inmates from various faith-based institutions in the

26  community;

27         (c)  Develop community linkages with churches,

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

29  assist inmates in their release back into the community; and

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

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

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  1  support staff to operate faith-based programs in correctional

  2  institutions.

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

  4  least six faith-based dormitory programs fully operational

  5  within existing correctional institutions. These six programs

  6  shall be similar to and in addition to the current faith-based

  7  pilot program. The six new programs shall be a joint effort

  8  with the department and faith-based service groups within the

  9  community. The department shall ensure that an inmate's faith

10  orientation, or lack thereof, will not be considered in

11  determining admission to a faith-based program and that the

12  program does not attempt to convert an inmate toward a

13  particular faith or religious preference. The programs shall

14  operate 24 hours a day within the existing correctional

15  facilities. The programs must emphasize the importance of

16  personal responsibility, meaningful work, education,

17  substance-abuse treatment, and peer support. Participation in

18  the faith-based dormitory program shall be voluntary. However,

19  at least 80 percent of the inmates participating in this

20  program must be within 36 months of release. Assignment to

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

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

23  institution. In evaluating an inmate for this program,

24  priority shall be given to inmates who have shown an

25  indication for substance abuse. A right to

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

27  otherwise implied by this subsection. The department may not

28  remove an inmate once assigned to the program except for the

29  purposes of population management, for inmate conduct that may

30  subject the inmate to disciplinary confinement or loss of

31  gain-time, for physical or mental health concerns, or for

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  1  security or safety concerns. To support the programming

  2  component, the department shall assign a chaplain and a

  3  full-time clerical support person dedicated to each dormitory

  4  to implement and monitor the program and to strengthen

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

  6  department shall submit an evaluation report to the Governor,

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

  8  Representatives on the faith-based dormitory program. The

  9  report must contain the findings from an extensive and

10  scientifically sound evaluation of the program, including at

11  least a longitudinal followup of the inmates who have

12  successfully completed the program compared to other similar

13  inmates who have not participated and an opinion survey of the

14  faith-based service providers.

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

16  Corrections shall assign chaplains to community correctional

17  centers authorized pursuant to s. 945.091(1)(b). These

18  chaplains shall strengthen volunteer participation by

19  recruiting volunteers in the community to assist inmates in

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

21  mentoring program or at a contracted

22  substance-abuse-transition housing program. When placing an

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

24  the institutional transition-assistance specialist in an

25  effort to successfully place the released inmate.

26         (5)  The department shall ensure that any faith

27  component of any program authorized in this chapter is offered

28  on a voluntary basis and, an offender's faith orientation, or

29  lack thereof, will not be considered in determining admission

30  to a faith-based program and that the program does not attempt

31

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  1  to convert an offender toward a particular faith or religious

  2  preference.

  3         (6)  The department shall ensure that state funds are

  4  not expended for the purpose of furthering religious

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

  6  purposes of furthering the secular goals of criminal

  7  rehabilitation, the successful reintegration of offenders into

  8  the community, and the reduction of recidivism.

  9         Section 13.  Subsection (1) of section 945.091, Florida

10  Statutes, is amended to read:

11         945.091  Extension of the limits of confinement;

12  restitution by employed inmates.--

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

14  regulations permitting the extension of the limits of the

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

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

17  her trust by authorizing the inmate, under prescribed

18  conditions and following investigation and approval by the

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

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

21  place unaccompanied by a custodial agent for a prescribed

22  period of time to:

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

24  designated place or places:

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

26  attending the funeral of a relative, or arranging for

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

28         2.  To otherwise aid in the rehabilitation of the

29  inmate and his or her successful transition into the

30  community; or

31

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  1         3.  For another compelling reason consistent with the

  2  public interest,

  3

  4  and return to the same or another institution or facility

  5  designated by the Department of Corrections.

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

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

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

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

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

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

12  service and traveling thereto and therefrom.

13         1.  An inmate may participate in paid employment only

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

15  sooner requested by the Parole Commission or the Control

16  Release Authority.

17         2.  While working at paid employment and residing in

18  the facility, an inmate may apply for placement at a

19  contracted substance-abuse-transition housing program. The

20  transition-assistance specialist shall inform the inmate of

21  program availability and assess the inmate's need and

22  suitability for transition-housing assistance. If an inmate is

23  approved for placement, the specialist shall assist the

24  inmate. If an inmate requests and is approved for placement in

25  a contracted faith-based substance-abuse-transition housing

26  program, the specialist must consult with the chaplain prior

27  to such placement. The department shall ensure that an

28  inmate's faith orientation, or lack thereof, will not be

29  considered in determining admission to a faith-based program

30  and that the program does not attempt to convert an inmate

31  toward a particular faith or religious preference.

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  1         (c)  Participate in a residential or nonresidential

  2  rehabilitative program operated by a public or private,

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

  4  which the department has contracted for the treatment of such

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

  6  to all contracts between the department and any private entity

  7  providing such services.  The department shall require such

  8  agency to provide appropriate supervision of inmates

  9  participating in such program.  The department is authorized

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

11  inmate fails to demonstrate satisfactory progress in the

12  program as established by departmental rules.

13         Section 14.  Paragraph (a) of subsection (6) and

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

15  amended to read:

16         948.08  Pretrial intervention program.--

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

18  attorney Notwithstanding any provision of this section, a

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

20  degree for purchase or possession of a controlled substance

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

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

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

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

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

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

27  admission into a pretrial substance abuse education and

28  treatment intervention program approved by the chief judge of

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

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

31

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  1         1.  If a defendant was previously offered admission to

  2  a pretrial substance abuse education and treatment

  3  intervention program at any time prior to trial and the

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

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

  6  a program.

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

  8  circumstances of the case suggest the defendant's involvement

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

10  shall hold a preadmission hearing. If the state attorney

11  establishes, by a preponderance of the evidence at such

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

13  selling of controlled substances, the court shall deny the

14  defendant's admission into a pretrial intervention program.

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

16  advisory committee for the pretrial intervention program

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

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

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

20  persons as the chair deems appropriate. The advisory committee

21  may not designate any defendant eligible for a pretrial

22  intervention program without the state attorney's

23  recommendation and approval. The committee may also include

24  persons representing any other agencies to which persons

25  released to the pretrial intervention program may be referred.

26         Section 15.  Section 951.10, Florida Statutes, is

27  amended to read:

28         951.10  Leasing prisoners to work for private interests

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

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

31

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  1  county inmates from working in nonprofit and private-sector

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

  3         Section 16.  By March 1, 2002, the Department of

  4  Corrections shall submit a comprehensive report to the

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

  6  House of Representatives on its progress in implementing this

  7  act. In its comprehensive report the department shall:

  8         (1)  Identify the number of beds needed for

  9  substance-abuse-transition housing for the 2002-2003,

10  2003-2004, and 2004-2005 fiscal years, and shall evaluate the

11  impact of designating nonsecure, community-based residential

12  beds for postrelease transition services.

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

14  needed for expanding the number of faith-based dormitory

15  programs and expanding the number of chaplain-assisted

16  community correctional centers.

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

18  anticipated admissions to the Addiction-Recovery Supervision

19  Program over the next 5 years.

20         (4)  Describe and evaluate new prerelease and

21  postrelease transition services provided by the department,

22  including the effectiveness of the newly created bureau, the

23  transition-assistance specialists at each institution, the

24  chaplain positions, and the expansion of comprehensive

25  transition courses.

26         Section 17.  By March 1, 2002, the Legislative

27  Committee on Intergovernmental Relations shall submit a

28  detailed report to the Legislature on the feasibility of

29  providing effective intervention and treatment strategies for

30  persons convicted of prostitution and detained in county

31

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  1  detention facilities.  In compiling this study, the committee

  2  shall:

  3         (1)  Identify and describe successful intervention and

  4  treatment strategies in state county detention facilities and

  5  other jurisdictions.

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

  7  to determine what policies and practices are in place to

  8  address persons convicted of prostitution.

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

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

11  frequency of incarceration.

12         (4)  Examine relevant scientific studies documenting

13  any correlation between prostitution and substance abuse.

14         (5)  Consider the implications of enhancing the

15  criminal penalty for prostitution from a misdemeanor to a

16  third-degree felony for a third or subsequent prostitution

17  offense with respect to the availability of treatment and

18  rehabilitation programs.

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

20  funding that is necessary to help persons convicted of

21  prostitution to avoid repeated incarceration in county

22  detention facilities and to successfully return to the

23  community.

24         Section 18.  In an effort to ensure that inmates

25  released from the Department of Corrections successfully

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

27  released from incarceration by the department must complete a

28  100-hour comprehensive transition course that covers job

29  readiness and life-management skills. This requirement does

30  not apply to inmates released in an emergency situation.

31

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  1         Section 19.  (1)  The sum of $5,206,697 is appropriated

  2  from the General Revenue Fund to the Department of Corrections

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

  4  this act for the secular purpose of reducing recidivism

  5  through successful reintegration of released inmates into the

  6  community.

  7         (2)  The appropriation shall fund a chaplain for at

  8  least 10 community correctional centers authorized under

  9  section 945.091(1)(b), Florida Statutes. The chaplains shall

10  assist inmates in transition, strengthen participation of

11  community volunteers, and serve as a liaison with community

12  leaders. Using nonrecurring funds from the appropriation, the

13  department may erect adjacent structures or alter the physical

14  design of a community correctional center as is necessary to

15  accommodate the program needs and other unique requirements of

16  the chaplain.

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

18  60 transition-assistance specialists and to expand the

19  100-hour comprehensive transition course at each correctional

20  institution. The transition-assistance specialists shall

21  assist all inmates released from the custody of the department

22  who are eligible for the transition-assistance program.

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

24  additional faith-based dormitories similar to the current

25  faith-based pilot program operating at Tomoka Correctional

26  Institution. Using nonrecurring funds from the appropriation,

27  the department shall alter the physical design at selected

28  dormitories as necessary to accommodate program needs and

29  other unique requirements of the program described in section

30  944.803, Florida Statutes. Recurring funds from this

31  appropriation shall fund six chaplain positions, six

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  1  accompanying clerical-support positions, and the purchase of

  2  miscellaneous secular supplies that are necessary to operate

  3  the program.

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

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

  6  recurring per diem costs for 400 substance-abuse-transition

  7  housing beds. The 400 substance-abuse-transition housing beds

  8  shall be provided by faith-based service groups under contract

  9  with the department. The new beds and services funded by this

10  appropriation shall be in addition to the minimum 400 required

11  beds designated as transition-housing beds under section

12  944.026(2), Florida Statutes, which are under contract with

13  private organizations not offering a faith component. Funds

14  from the appropriation shall be used for paying nonrecurring

15  start-up costs to ensure the proper selection and training of

16  staff and for expenses that relate to preparing the facilities

17  for occupancy.

18         (d)  The department shall ensure that the number of

19  transition-housing beds provided by private organizations with

20  a faith component does not exceed the number of

21  transition-housing beds provided by private organizations

22  without a faith component, so that an eligible offender has

23  equal access to either type of transition bed.

24         (e)  The department shall ensure that state funds are

25  not expended for the sole purpose of furthering religious

26  indoctrination, but rather that state funds are expended for

27  purposes of furthering the secular goals of criminal

28  rehabilitation, the successful reintegration of offenders into

29  the community, and the reduction of recidivism.

30         Section 20.  This act shall take effect July 1, 2001.

31

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                            CS for SB 912
    307-1441C-01




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 912

  3

  4  -     Removes the designation and naming of the 10 specific
          work release centers that will have assigned chaplains.
  5
    -     Designates at least 400 of the contracted non-secure
  6        drug treatment beds as post-release transition
          assistance housing.
  7
    -     Requires the department to ensure that the number of
  8        transition-housing beds provided by private
          organizations with a faith component not exceed the
  9        number of transition housing beds provided by private
          organizations without a faith component.
10
    -     Requires at least 80 percent of the participants in the
11        faith-based dormitory program to be within 36 months of
          release. (The original bill required all participants to
12        be within 36 months of release.)

13  -     Permits the department to remove an inmate from the
          faith-based dormitory program for mental and physical
14        health concerns in addition to the other circumstances
          enumerated in the original bill.
15
    -     Eliminates the minimum length of stay required in the
16        original bill for the contracted faith-based
          substance-abuse transition-housing program.
17
    -     Permits the treatment models employed at the
18        substance-abuse transition-housing program to be either
          a 12-step model or a cognitive behavior model. (The
19        original bill only provided for a 12-step model of
          recovery.)
20
    -     Modifies the appropriation authorized from the General
21        Revenue Fund.

22  -     Specifies funding for 400 contracted substance-abuse
          transition-housing beds rather than 500 authorized in
23        the original bill.

24  -     Corrects an inadvertent drafting omission in the
          criteria for program participation.
25
    -     Clarifies language directing the department to ensure
26        that admission into a faith-based program is not
          determined by an offender's faith orientation or lack
27        thereof.

28

29

30

31

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CODING: Words stricken are deletions; words underlined are additions.