Senate Bill sb0912c2

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    Florida Senate - 2001                     CS for CS for SB 912

    By the Committees on Appropriations, Criminal Justice and
    Senator Villalobos




    309-1528-01

  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.

16         947.141, F.S.; providing revocation process for

17         offenders on addiction-recovery supervision;

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

19         specified offenders are eligible for certain

20         pretrial intervention programs; amending s.

21         951.10, F.S.; clarifying provisions governing

22         the leasing of prisoners; requiring the

23         Department of Corrections to report to the

24         Governor and the Legislature on the

25         implementation of the act; requiring the

26         Legislative Committee on Intergovernmental

27         Relations to report to the Legislature on

28         intervention and treatment strategies for

29         persons convicted of prostitution; requiring

30         inmates to complete a course on job readiness

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  1         and life management before release; providing

  2         an appropriation; providing an effective date.

  3

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

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

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

  7  potential legislative solutions for reducing the repetitious

  8  self-injurious behavior of prostitution and substance abuse,

  9  and

10         WHEREAS, those recommendations stemmed from the

11  testimony from numerous individuals, substance-abuse experts,

12  governmental officials, and private organizations throughout

13  Florida, and

14         WHEREAS, a significant recommendation made by the task

15  force was recognition that state government should not and

16  cannot bear the sole burden of treating and helping those

17  suffering from addictions and self-injurious behaviors, and

18         WHEREAS, the task force concluded that faith-based

19  organizations are "armies of compassion" devoted to changing

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

21  substance-abuse treatment through the use of volunteers and

22  other cost-saving measures, and

23         WHEREAS, the task force concluded that inmates with

24  histories of substance abuse will most likely return to prison

25  without transition assistance and postrelease supervision,

26  coupled with treatment and job placement, and

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

28  and faith-based programming is often more effective than

29  government programs in shaping and reclaiming lives because

30  they are free to assert the essential connection between

31  responsibility and human dignity; their approach is personal,

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

  2  professional background, but of individual commitment; and

  3  they inject an element of moral challenge and spiritual

  4  renewal that government cannot duplicate, and

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

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

  7  in Florida's correctional facilities found a strong and

  8  beneficial correlation between faith-based programming and

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

10         WHEREAS, the Department of Corrections employs 105

11  prison chaplains who are responsible for addressing the

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

13  developing community linkages with churches, synagogues,

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

15  recruiting and supervising volunteers who come into Florida's

16  prisons to provide spiritual programs, mentoring activities,

17  and other transitional skills, and

18         WHEREAS, the continued investment in the work of prison

19  chaplains and their clerical staff is a critical factor for

20  strengthening volunteer participation and support of

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

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

23  Programs in Correctional Facilities," and

24         WHEREAS, the task force recommended that the

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

26  and transition assistance for the secular purpose of reducing

27  recidivism, and

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

29  personally destructive and expensive recidivism cycle, Florida

30  should increase the number of chaplains who strengthen

31  volunteer participation; expand the pilot dormitory program

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  1  started in November 1999; and implement a strong

  2  transition-assistance residential program that includes a

  3  voluntary faith component that supports inmates as they

  4  reenter communities, NOW, THEREFORE,

  5

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

  7

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

  9  20.315, Florida Statutes, is amended to read:

10         20.315  Department of Corrections.--There is created a

11  Department of Corrections.

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

13  Department of Corrections is the Secretary of Corrections.

14  The secretary is appointed by the Governor, subject to

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

16  the Governor.  The secretary is responsible for planning,

17  coordinating, and managing the corrections system of the

18  state.  The secretary shall ensure that the programs and

19  services of the department are administered in accordance with

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

21  established program standards, and consistent with legislative

22  intent.  The secretary shall identify the need for and

23  recommend funding for the secure and efficient operation of

24  the state correctional system.

25         (c)  The secretary may appoint assistant secretaries,

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

27  necessary to accomplish the mission and goals of the

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

29  of program responsibility:

30         1.  Security and institutional operations, which shall

31  provide inmate work programs, offender programs, security

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  1  administration, emergency operations response, and operational

  2  oversight of the regions.

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

  4  physician licensed under chapter 458 or an osteopathic

  5  physician licensed under chapter 459, or a professionally

  6  trained health care administrator with progressively

  7  responsible experience in health care administration.  This

  8  individual shall be responsible for the delivery of health

  9  services to offenders within the system and shall have direct

10  professional authority over such services.

11         3.  Community corrections, which shall provide for

12  coordination of community alternatives to incarceration and

13  operational oversight of community corrections regions.

14         4.  Administrative services, which shall provide budget

15  and accounting services within the department, including the

16  construction and maintenance of correctional institutions,

17  human resource management, research, planning and evaluation,

18  and technology.

19         5.  Program, transition, and postrelease services,

20  which shall provide for the direct management and supervision

21  of all departmental programs, including the coordination and

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

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

24  provide for the direct management and supervision of all

25  programs that furnish transition assistance to inmates who are

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

27  including the coordination, facilitation, and contract

28  management of prerelease and postrelease transition services

29  provided by governmental and private providers, including

30  faith-based service groups.

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

  2  Florida Statutes, are amended to read:

  3         397.333  Statewide Drug Policy Advisory Council.--

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

  5  created within the Executive Office of the Governor. The

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

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

  8  chairperson. The director of the Office of Planning and

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

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

11  Planning and Budgeting shall provide staff support for the

12  advisory council.

13         (b)  The following state officials shall be appointed

14  to serve on the advisory council:

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

16         2.  The executive director of the Department of Law

17  Enforcement, or his or her designee.

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

19  his or her designee.

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

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

22  designee.

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

24  designee.

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

26  designee.

27         8.  The executive director of the Department of Highway

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

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

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

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

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

  3  appointed members, one members must have professional or

  4  occupational expertise in drug enforcement, one member must

  5  have professional or occupational expertise in substance abuse

  6  prevention, and one member must have professional or

  7  occupational expertise in substance abuse treatment, and two

  8  members must have professional or occupational expertise in

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

10  of the members appointed should have professional or

11  occupational expertise in, or be generally knowledgeable

12  about, issues that relate to drug enforcement and substance

13  abuse programs and services. The members appointed by the

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

15  geographic areas of the state.

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

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

18  House of Representatives shall appoint a member of the House

19  of Representatives to the advisory council.

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

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

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

23  of the Senate, the Speaker of the House of Representatives,

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

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

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

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

28  to 4-year terms.

29         (3)  The advisory council shall:

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

31  substance abuse in this state and make recommendations to the

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  1  Governor and Legislature for developing and implementing a

  2  state drug control strategy. The advisory council shall

  3  determine the most effective means of establishing clear and

  4  meaningful lines of communication between the advisory council

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

  6  process of developing and implementing the state drug control

  7  strategy has afforded a broad spectrum of the public and

  8  private sectors an opportunity to comment and make

  9  recommendations.

10         (b)  Review and make recommendations to the Governor

11  and Legislature on funding substance abuse programs and

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

13  developed. The council may recommend the creation of a

14  separate appropriations category for funding services

15  delivered or procured by state agencies and may recommend the

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

17  414.065.

18         (c)  Review various substance abuse programs and

19  recommend, where needed, measures that are sufficient to

20  determine program outcomes. The council shall review different

21  methodologies for evaluating programs and determine whether

22  programs within different agencies have common outcomes. The

23  methodologies shall be consistent with those established under

24  s. 216.0166.

25         (d)  Review the drug control strategies and programs

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

27  and compile the relevant research.

28         (e)  Recommend to the Governor and Legislature applied

29  research projects that would use research capabilities within

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

31  State University System, for the purpose of achieving improved

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  1  outcomes and making better-informed strategic budgetary

  2  decisions.

  3         (f)  Recommend to the Governor and Legislature changes

  4  in law which would remove barriers to or enhance the

  5  implementation of the state drug control strategy.

  6         (g)  Make recommendations to the Governor and the

  7  Legislature on the need for public information campaigns to be

  8  conducted in the state to limit substance abuse.

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

10  and multidisciplinary response to the substance abuse problem

11  in this state, with special attention given to creating

12  partnerships within and between the public and private

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

14  delivery of multiple-system services for substance abusers,

15  including a multiagency team approach to service delivery.

16         (i)  Assist communities and families in pooling their

17  knowledge and experiences with respect to the problem of

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

19  practical information, as well as instruction, should be

20  considered. For communities, such instruction may involve

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

22  parental involvement, and instruction on other issues. For

23  families, such instruction may involve practical strategies

24  for addressing family substance abuse; improving cognitive,

25  communication, and decisionmaking skills; providing parents

26  with techniques for resolving conflicts, communicating, and

27  cultivating meaningful relationships with their children and

28  establishing guidelines for their children; educating families

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

30  serve as participants and planners; and other programs of

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  1  similar instruction. To maximize the effectiveness of such

  2  forums, multiple agencies should participate.

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

  4  that involve substance-abuse treatment can include a

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

  6  which would remove barriers to or enhance the work component

  7  for a substance-abuse-treatment program.

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

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

10  the state's drug-control strategy.

11         Section 3.  Section 944.026, Florida Statutes, is

12  amended to read:

13         944.026  Community-based facilities and programs.--

14         (1)  In addition to those facilities and services

15  described elsewhere in this chapter, the department shall

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

17  community-based facilities, services, and programs dealing

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

19  not be limited to:

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

21  used for reintegration of the offender back into the

22  community, located at various places throughout the state as

23  provided in s. 944.033.

24         (b)  Community-based residential drug treatment

25  facilities that which include:

26         1.  Nonsecure facilities, whereby probationers and drug

27  offender probationers who have violated their terms or

28  conditions, or persons placed on community control whose

29  presumptive sentence exceeds 22 months, may be required to

30  reside while working, receiving treatment, or attending

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

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  1  their date of release from a correctional institution or a

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

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

  4  considered eligible for such placement by the department; and

  5         2.  Secure facilities which provide for limited access

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

  7  their conditions of probation, drug offender probation, or

  8  community control, and whose presumptive sentence exceeds 22

  9  months.

10         (c)  A system of probation and restitution centers

11  throughout the state whereby probationers, drug offender

12  probationers, and community controllees who have violated

13  their terms or conditions, and whose presumptive sentence

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

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

16  probation, drug offender probation, or community control who

17  may be required to attend outpatient substance abuse

18  counseling and whereby inmates may be placed who are nearing

19  their date of release from a correctional institution or a

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

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

22  considered eligible for such placement by the department. The

23  purpose of these facilities and services is to provide the

24  court with an alternative to committing offenders to more

25  secure state correctional institutions and to assist in the

26  supervision of probationers, drug offender probationers, and

27  community controllees and to provide the department

28  transitional-housing beds to assist inmates released into the

29  community.

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

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

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  1  contracted beds in nonsecure community-based residential

  2  substance-abuse-treatment facilities authorized under

  3  subparagraph (1)(b)1. or probation and restitution centers

  4  authorized under paragraph (1)(c) are designated for

  5  transition assistance for inmates who are nearing their date

  6  of release from a correctional institution or a community

  7  correctional center. These designated beds shall be provided

  8  by private organizations that do not have a faith component

  9  and that are under contract with the department. In making

10  placement decisions, the department and the contract providers

11  shall give priority consideration to those inmates who are

12  nearing their date of release and who are to be placed in some

13  form of postrelease community supervision. However, if an

14  inmate whose sentence expires upon his or her release from a

15  correctional institution or a community correction center and

16  for whom community supervision is not required demonstrates

17  the need for or interest in and suitability for

18  transition-housing assistance, as determined by the

19  department, the inmate is eligible to be considered for

20  placement in transition housing. A right to

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

22  otherwise implied by this subsection.

23         (3)(2)(a)  The department shall develop and implement

24  procedures to diagnose offenders prior to sentencing, for the

25  purpose of recommending to the sentencing court suitable

26  candidates for placement in a community-based residential drug

27  treatment facility or probation and restitution center as

28  provided in this section. The department shall also develop

29  and implement procedures to properly identify inmates prior to

30  release who demonstrate the need for or interest in and

31  suitability for placement in a community-based

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

  2  section and pursuant to ss. 944.704 and 944.4731.

  3         (b)  Pretrial intervention programs in appropriate

  4  counties to provide early counseling and supervision services

  5  to specified offenders as provided in s. 948.08.

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

  7  Statutes, is amended to read:

  8         944.473  Inmate substance abuse testing program.--

  9         (2)  SUBSTANCE ABUSE TREATMENT PROGRAMS.--

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

11  the department shall participate in substance-abuse-program

12  services when such services are available. A right to

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

14  otherwise implied by this chapter.

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

16  for initial processing, each inmate shall be screened and

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

18  criteria for mandated participation in a substance-abuse

19  program. Criteria for mandated substance-abuse-program

20  services shall be based on:

21         1.  The presence of a diagnosed psychoactive substance

22  dependence or use disorder;

23         2.  The severity of the addiction;

24         3.  A history of criminal behavior related to substance

25  abuse;

26         4.  A recommendation by a sentencing authority for

27  substance-abuse-program services;

28         5.  Unsuccessful participation in community-based

29  substance-abuse services;

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

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  1         7.  Other classification or program criteria that the

  2  department finds will ensure security and optimal program

  3  placement.

  4         (c)  When selecting contract providers to administer

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

  6  every effort to consider qualified faith-based service groups

  7  on an equal basis with other private organizations. If

  8  substance abuse treatment is requested by an inmate, the

  9  department shall place the inmate in a substance abuse

10  treatment program, if available and appropriate.

11         Section 5.  Section 944.4731, Florida Statutes, is

12  created to read:

13         944.4731  Addiction-Recovery Supervision Program.--

14         (1)  This section may be cited as the

15  "Addiction-Recovery Supervision Program Act."

16         (2)(a)  Any offender released from a state correctional

17  facility who is convicted of a crime committed on or after

18  July 1, 2001, must be given addiction-recovery supervision if

19  the offender has:

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

21         2.  Participated in any drug treatment;

22         3.  No current or previous convictions for a violent

23  offense;

24         4.  No current or previous convictions for drug

25  trafficking or for the unlawful sale of a controlled

26  substance;

27         5.  No current or previous convictions for a property

28  offense, except for a conviction for:

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

30  counterfeiting;

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

  2  relating to firearms; or

  3         c.  Third-degree felony burglary of an unoccupied

  4  structure or conveyance; and

  5         6.  No current or previous conviction for a traffic

  6  offense involving injury or death.

  7         (b)  An offender released under addiction-recovery

  8  supervision shall be subject to specified terms and

  9  conditions, including payment of the costs of supervision

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

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

12  term of probation or community control to be served after

13  release from incarceration, the period of probation or

14  community control may not be substituted for

15  addiction-recovery supervision and shall follow the term of

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

17  parole commissioners shall establish the terms and conditions

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

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

20  of supervision, the parole commission shall weigh heavily the

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

22  paid employment while participating in treatment and traveling

23  restrictions. The commission shall also determine whether an

24  offender violates the terms and conditions of supervision and

25  whether a violation warrants revocation of addiction-recovery

26  supervision pursuant to s. 947.141. The parole commission

27  shall review the offender's record for the purpose of

28  establishing the terms and conditions of supervision. The

29  parole commission may impose any special conditions it

30  considers warranted from its review of the record. The length

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  1  of supervision may not exceed the maximum penalty imposed by

  2  the court.

  3         (c)  The Legislature finds that offenders released from

  4  state prison into the community who meet the criteria for

  5  participating in the addiction-recovery supervision program

  6  possess the greatest potential for successful substance-abuse

  7  recovery through treatment and transition assistance.

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

  9  the department shall enter into contracts with multiple

10  providers who are private organizations, including faith-based

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

12  programs, including providers that:

13         1.  Provide postrelease housing, programming,

14  treatment, and other transitional services;

15         2.  Emphasize job placement and gainful employment for

16  program participants;

17         3.  Provide a curriculum related to substance-abuse

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

19  model of addiction recovery;

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

21  months; and

22         5.  Use community volunteers in operating the program

23  to the greatest extent possible.

24         (b)  The department shall allow providers to use

25  innovative approaches to treatment and shall authorize a high

26  level of flexibility in operating a program. The department

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

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

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

30  convert an offender toward a particular faith or religious

31  preference.

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  1         (4)  When facilitating job placement for an offender

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

  3  secure suitable employment that provides adequate wages, a

  4  potential for advancement, and a likelihood of stable and

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

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

  7  report, track for 1 year offenders who successfully complete

  8  the program and shall determine their employment status.

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

10  operating a substance-abuse-transition housing program must

11  invite innovation, minimize bureaucracy, and permit the

12  private organization or faith-based provider to petition the

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

14  inconsistent with the mission of the private organization or

15  faith-based provider.

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

17  chaplain and transition-assistance specialist at the

18  institution where the offender is incarcerated shall initiate

19  the prerelease screening process in addition to the basic

20  release orientation required under s. 944.705.

21         (a)  The transition-assistance specialist and the

22  chaplain shall provide a list of contracted private providers,

23  including faith-based providers, to the offender and

24  facilitate the application process. The transition-assistance

25  specialist shall inform the offender of program availability

26  and assess the offender's need and suitability for

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

28  is approved for placement, the specialist shall assist the

29  offender and coordinate the release of the offender with the

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

31  placement in a contracted faith-based

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  1  substance-abuse-transition housing program, the specialist

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

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

  4  intended, or otherwise implied by this section.

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

  6  program while incarcerated or housed at a community

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

  8  provider offers a contracted substance-abuse-transition

  9  housing program, the department shall make every attempt to

10  maintain this continuum of care.

11         (7)  While participating in a

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

13         (a)  Adhere to all conditions of supervision enforced

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

15  with such rules or conditions may result in revocation of

16  supervision pursuant to s. 947.141.

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

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

19  obligations for child support.

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

21  12-step model of recovery.

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

23  120.536(1) and 120.54 as necessary for administering this

24  section.

25         Section 6.  Section 944.702, Florida Statutes, is

26  amended to read:

27         944.702  Legislative intent.--It is the intent of the

28  Legislature to provide persons released from incarceration

29  from the Department of Corrections with certain fundamental

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

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

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  1  possible in order to appreciably increase the likelihood of

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

  3  Legislature intends that these support services include

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

  5  private organizations.

  6         Section 7.  Section 944.703, Florida Statutes, is

  7  amended to read:

  8         944.703  Eligible inmates.--Sections 944.701-944.708

  9  apply to all inmates released from the custody of the

10  department.  However, priority should be given to

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

12  abuse, prostitution, and other self-injurious criminal

13  behavior that causes harm to families and communities. Those

14  inmates with a detainer are eligible if the department

15  determines that cancellation of the detainer is likely or that

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

17  short duration.  The department shall confirm the detainer

18  with the originating authority prior to release.

19         Section 8.  Section 944.704, Florida Statutes, is

20  amended to read:

21         944.704  Staff who provide transition assistance;

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

23  specialist transition assistance officer at each of the major

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

25         (1)  Coordinating delivery of transition-assistance

26  transition assistance program services at the institution and

27  at the community correctional centers authorized pursuant to

28  s. 945.091(1)(b).

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

30  postrelease plan.

31

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  1         (3)  Obtaining job placement information for

  2  transmittal to the Department of Labor and Employment

  3  Security.

  4         (4)  Facilitating placement in a private

  5  transition-housing program, if requested by any eligible

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

  7  requests placement in a contracted substance-abuse-transition

  8  housing program, the transition-assistance specialist shall

  9  inform the inmate of program availability and assess the

10  inmate's need and suitability for transition-housing

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

12  specialist shall assist the inmate and coordinate the release

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

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

15  substance-abuse-transition housing program, the specialist

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

17  selecting inmates who are nearing their date of release for

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

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

20  will not be considered in determining admission to the program

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

22  toward a particular faith or religious preference.

23         (5)(4)  Providing a photo identification card to all

24  inmates prior to their release.

25

26  The transition-assistance specialist may not be a correctional

27  officer or correctional probation officer as defined in s.

28  943.10.

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

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

31  section is amended to read:

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  1         944.705  Release orientation program.--

  2         (1)  The department shall provide participation in a

  3  standardized release orientation program to every eligible

  4  inmate.

  5         (2)  The release orientation program instruction must

  6  include, but is not limited to:

  7         (a)  Employment skills.

  8         (b)  Money management skills.

  9         (c)  Personal development and planning.

10         (d)  Special needs.

11         (e)  Community reentry concerns.

12         (f)  Community reentry support.

13         (g)  Any other appropriate instruction to ensure the

14  inmate's successful reentry into the community.

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

16  public or private entities, including faith-based service

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

18  pursuant to this section.

19         Section 10.  Section 944.706, Florida Statutes, is

20  amended to read:

21         944.706  Basic release assistance.--

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

23  transition assistance.  Those inmates released to a detainer

24  are eligible pursuant to s. 944.703.

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

26  the Department of Children and Family Services, the Salvation

27  Army, and other public or private organizations, including

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

29  services for releasees.  The department shall contract with

30  the Department of Labor and Employment Security for the

31  provision of releasee job placement.

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  1         (3)  The department shall adopt promulgate rules for

  2  the development, implementation, and termination of transition

  3  assistance.

  4         Section 11.  Section 944.707, Florida Statutes, is

  5  amended to read:

  6         944.707  Postrelease special services; job placement

  7  services.--

  8         (1)  The department shall attempt to generate and

  9  provide to every releasee, identified by the prerelease needs

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

11  substance abuse counseling, family counseling, and employment

12  support programs.  The department may is authorized to select

13  and contract with public or private organizations, including

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

15  support services. When selecting a provider, the department

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

17  with other private organizations. Provider selection criteria

18  include, but are not limited to:

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

20         (b)  The geographic area to be served.

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

22  services per inmate.

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

24  provision of inmate services.

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

26  Office on Homelessness, shall maintain and regularly update a

27  comprehensive directory of support services offered by private

28  organizations and faith-based service groups for the purpose

29  of assisting transition-assistance specialists and chaplains

30  in making individualized placements and referrals. The

31  following items shall be provided to the Department of Labor

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  1  and Employment Security job service office located nearest to

  2  the inmate's intended residence:

  3         (a)  The job placement information obtained at release

  4  orientation.

  5         (b)  Referral information for the needed basic support

  6  service providers.

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

  8  shall assign job service staff exclusively dedicated to

  9  releasee services at those offices identified by the

10  Department of Corrections as having a high number of releasee

11  contacts.  Those offices having a fewer number of releasee

12  contacts shall have designated staff assigned to assist

13  releasees.  The Department of Labor and Employment Security

14  shall provide appropriate training for staff assigned to

15  assist releasees.  Staff assigned to assist releasees shall

16  use job placement information obtained at each releasee's

17  release orientation to attempt to secure suitable employment

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

19  assigned to assist releasees shall act to maximize releasee

20  placement opportunities in the job service office service

21  area.

22         (b)  The Department of Labor and Employment Security

23  shall provide to the Department of Corrections data relating

24  to inmate placement, tracking, and market needs.

25         Section 12.  Section 944.803, Florida Statutes, is

26  amended to read:

27         944.803  Faith-based programs for inmates.--

28         (1)  The Legislature finds and declares that

29  faith-based programs offered in state and private correctional

30  institutions and facilities have the potential to facilitate

31

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  1  inmate institutional adjustment, help inmates assume personal

  2  responsibility, and reduce recidivism.

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

  4  Department of Corrections and the private vendors operating

  5  private correctional facilities shall continuously:

  6         (a)  Measure recidivism rates for inmates who have

  7  participated in religious programs;

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

  9  inmates from various faith-based institutions in the

10  community;

11         (c)  Develop community linkages with churches,

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

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

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

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

16  support staff to operate faith-based programs in correctional

17  institutions.

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

19  least three additional faith-based dormitory programs fully

20  operational and by June 1, 2002, the department must have at

21  least three more faith-based dormitory programs fully

22  operational, for a total or six new programs fully operational

23  by June 1, 2002. These six programs shall be similar to and in

24  addition to the current faith-based pilot program. The six new

25  programs shall be a joint effort with the department and

26  faith-based service groups within the community. The

27  department shall ensure that an inmate's faith orientation, or

28  lack thereof, will not be considered in determining admission

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

30  to convert an inmate toward a particular faith or religious

31  preference. The programs shall operate 24 hours a day within

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  1  the existing correctional facilities. The programs must

  2  emphasize the importance of personal responsibility,

  3  meaningful work, education, substance-abuse treatment, and

  4  peer support. Participation in the faith-based dormitory

  5  program shall be voluntary. However, at least 80 percent of

  6  the inmates participating in this program must be within 36

  7  months of release. Assignment to these programs shall be based

  8  on evaluation and the length of time the inmate is projected

  9  to be assigned to that particular institution. In evaluating

10  an inmate for this program, priority shall be given to inmates

11  who have shown an indication for substance abuse. A right to

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

13  otherwise implied by this subsection. The department may not

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

15  purposes of population management, for inmate conduct that may

16  subject the inmate to disciplinary confinement or loss of

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

18  security or safety concerns. To support the programming

19  component, the department shall assign a chaplain and a

20  full-time clerical support person dedicated to each dormitory

21  to implement and monitor the program and to strengthen

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

23  department shall submit an evaluation report to the Governor,

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

25  Representatives on the faith-based dormitory program. The

26  report must contain the findings from an extensive and

27  scientifically sound evaluation of the program, including at

28  least a longitudinal followup of the inmates who have

29  successfully completed the program compared to other similar

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

31  faith-based service providers.

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  1         (4)  Effective October 1, 2001, the Department of

  2  Corrections shall assign chaplains to community correctional

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

  4  chaplains shall strengthen volunteer participation by

  5  recruiting volunteers in the community to assist inmates in

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

  7  mentoring program or at a contracted

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

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

10  the institutional transition-assistance specialist in an

11  effort to successfully place the released inmate.

12         (5)  The department shall ensure that any faith

13  component of any program authorized in this chapter is offered

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

15  lack thereof, will not be considered in determining admission

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

17  to convert an offender toward a particular faith or religious

18  preference.

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

20  not expended for the purpose of furthering religious

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

22  purposes of furthering the secular goals of criminal

23  rehabilitation, the successful reintegration of offenders into

24  the community, and the reduction of recidivism.

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

26  Statutes, is amended to read:

27         945.091  Extension of the limits of confinement;

28  restitution by employed inmates.--

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

30  regulations permitting the extension of the limits of the

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

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

  2  her trust by authorizing the inmate, under prescribed

  3  conditions and following investigation and approval by the

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

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

  6  place unaccompanied by a custodial agent for a prescribed

  7  period of time to:

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

  9  designated place or places:

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

11  attending the funeral of a relative, or arranging for

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

13         2.  To otherwise aid in the rehabilitation of the

14  inmate and his or her successful transition into the

15  community; or

16         3.  For another compelling reason consistent with the

17  public interest,

18

19  and return to the same or another institution or facility

20  designated by the Department of Corrections.

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

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

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

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

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

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

27  service and traveling thereto and therefrom.

28         1.  An inmate may participate in paid employment only

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

30  sooner requested by the Parole Commission or the Control

31  Release Authority.

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  1         2.  While working at paid employment and residing in

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

  3  contracted substance-abuse-transition housing program. The

  4  transition-assistance specialist shall inform the inmate of

  5  program availability and assess the inmate's need and

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

  7  approved for placement, the specialist shall assist the

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

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

10  program, the specialist must consult with the chaplain prior

11  to such placement. The department shall ensure that an

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

13  considered in determining admission to a faith-based program

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

15  toward a particular faith or religious preference.

16         (c)  Participate in a residential or nonresidential

17  rehabilitative program operated by a public or private,

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

19  which the department has contracted for the treatment of such

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

21  to all contracts between the department and any private entity

22  providing such services.  The department shall require such

23  agency to provide appropriate supervision of inmates

24  participating in such program.  The department is authorized

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

26  inmate fails to demonstrate satisfactory progress in the

27  program as established by departmental rules.

28         Section 14.  Subsections (1), (2), (3), (4), and (6) of

29  section 947.141, Florida Statutes, are amended to read:

30

31

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  1         947.141  Violations of conditional release, control

  2  release, or conditional medical release or addiction-recovery

  3  supervision.--

  4         (1)  If a member of the commission or a duly authorized

  5  representative of the commission has reasonable grounds to

  6  believe that an offender who is on release supervision under

  7  s. 947.1405, s. 947.146, or s. 947.149, or s. 944.4731 has

  8  violated the terms and conditions of the release in a material

  9  respect, such member or representative may cause a warrant to

10  be issued for the arrest of the releasee; if the offender was

11  found to be a sexual predator, the warrant must be issued.

12         (2)  Upon the arrest on a felony charge of an offender

13  who is on release supervision under s. 947.1405, s. 947.146,

14  or s. 947.149, or s. 944.4731, the offender must be detained

15  without bond until the initial appearance of the offender at

16  which a judicial determination of probable cause is made. If

17  the magistrate determines that there was no probable cause for

18  the arrest, the offender may be released. If the magistrate

19  determines that there was probable cause for the arrest, such

20  determination also constitutes reasonable grounds to believe

21  that the offender violated the conditions of the release.

22  Within 24 hours after the magistrate's finding of probable

23  cause, the detention facility administrator or designee shall

24  notify the commission and the department of the finding and

25  transmit to each a facsimile copy of the probable cause

26  affidavit or the sworn offense report upon which the

27  magistrate's probable cause determination is based. The

28  offender must continue to be detained without bond for a

29  period not exceeding 72 hours excluding weekends and holidays

30  after the date of the probable cause determination, pending a

31  decision by the commission whether to issue a warrant charging

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  1  the offender with violation of the conditions of release. Upon

  2  the issuance of the commission's warrant, the offender must

  3  continue to be held in custody pending a revocation hearing

  4  held in accordance with this section.

  5         (3)  Within 45 days after notice to the Parole

  6  Commission of the arrest of a releasee charged with a

  7  violation of the terms and conditions of conditional release,

  8  control release, or conditional medical release, or

  9  addiction-recovery supervision, the releasee must be afforded

10  a hearing conducted by a commissioner or a duly authorized

11  representative thereof. If the releasee elects to proceed with

12  a hearing, the releasee must be informed orally and in writing

13  of the following:

14         (a)  The alleged violation with which the releasee is

15  charged.

16         (b)  The releasee's right to be represented by counsel.

17         (c)  The releasee's right to be heard in person.

18         (d)  The releasee's right to secure, present, and

19  compel the attendance of witnesses relevant to the proceeding.

20         (e)  The releasee's right to produce documents on the

21  releasee's own behalf.

22         (f)  The releasee's right of access to all evidence

23  used against the releasee and to confront and cross-examine

24  adverse witnesses.

25         (g)  The releasee's right to waive the hearing.

26         (4)  Within a reasonable time following the hearing,

27  the commissioner or the commissioner's duly authorized

28  representative who conducted the hearing shall make findings

29  of fact in regard to the alleged violation. A panel of no

30  fewer than two commissioners shall enter an order determining

31  whether the charge of violation of conditional release,

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  1  control release, or conditional medical release, or

  2  addiction-recovery supervision has been sustained based upon

  3  the findings of fact presented by the hearing commissioner or

  4  authorized representative. By such order, the panel may revoke

  5  conditional release, control release, or conditional medical

  6  release, or addiction-recovery supervision and thereby return

  7  the releasee to prison to serve the sentence imposed,

  8  reinstate the original order granting the release, or enter

  9  such other order as it considers proper. Effective for inmates

10  whose offenses were committed on or after July 1, 1995, the

11  panel may order the placement of a releasee, upon a finding of

12  violation pursuant to this subsection, into a local detention

13  facility as a condition of supervision.

14         (6)  Whenever a conditional release, control release,

15  or conditional medical release, or addiction-recovery

16  supervision is revoked by a panel of no fewer than two

17  commissioners and the releasee is ordered to be returned to

18  prison, the releasee, by reason of the misconduct, shall be

19  deemed to have forfeited all gain-time or commutation of time

20  for good conduct, as provided for by law, earned up to the

21  date of release. However, if a conditional medical release is

22  revoked due to the improved medical or physical condition of

23  the releasee, the releasee shall not forfeit gain-time accrued

24  before the date of conditional medical release. This

25  subsection does not deprive the prisoner of the right to

26  gain-time or commutation of time for good conduct, as provided

27  by law, from the date of return to prison.

28         Section 15.  Paragraph (a) of subsection (6) of section

29  948.08, Florida Statutes, is amended to read:

30         948.08  Pretrial intervention program.--

31

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  1         (6)(a)  Notwithstanding any provision of this section,

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

  3  degree for purchase or possession of a controlled substance

  4  under chapter 893, tampering with evidence, solicitation for

  5  purchase of a controlled substance, or obtaining a

  6  prescription by fraud; who has not been charged with a crime

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

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

  9  any other crime involving violence; and who has not previously

10  been convicted of a felony nor been admitted to a felony

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

12  admission into a pretrial substance abuse education and

13  treatment intervention program approved by the chief judge of

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

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

16         1.  If a defendant was previously offered admission to

17  a pretrial substance abuse education and treatment

18  intervention program at any time prior to trial and the

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

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

21  a program.

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

23  circumstances of the case suggest the defendant's involvement

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

25  shall hold a preadmission hearing. If the state attorney

26  establishes, by a preponderance of the evidence at such

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

28  selling of controlled substances, the court shall deny the

29  defendant's admission into a pretrial intervention program.

30         Section 16.  Section 951.10, Florida Statutes, is

31  amended to read:

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  1         951.10  Leasing prisoners to work for private interests

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

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

  4  county inmates from working in nonprofit and private-sector

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

  6         Section 17.  By March 1, 2002, the Department of

  7  Corrections shall submit a comprehensive report to the

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

  9  House of Representatives on its progress in implementing this

10  act. In its comprehensive report the department shall:

11         (1)  Identify the number of beds needed for

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

13  2003-2004, and 2004-2005 fiscal years, and shall evaluate the

14  impact of designating nonsecure, community-based residential

15  beds for postrelease transition services.

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

17  needed for expanding the number of faith-based dormitory

18  programs and expanding the number of chaplain-assisted

19  community correctional centers.

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

21  anticipated admissions to the Addiction-Recovery Supervision

22  Program over the next 5 years.

23         (4)  Describe and evaluate new prerelease and

24  postrelease transition services provided by the department,

25  including the effectiveness of the newly created bureau, the

26  transition-assistance specialists at each institution, the

27  chaplain positions, and the expansion of comprehensive

28  transition courses.

29         Section 18.  By March 1, 2002, the Legislative

30  Committee on Intergovernmental Relations shall submit a

31  detailed report to the Legislature on the feasibility of

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  1  providing effective intervention and treatment strategies for

  2  persons convicted of prostitution and detained in county

  3  detention facilities.  In compiling this study, the committee

  4  shall:

  5         (1)  Identify and describe successful intervention and

  6  treatment strategies in state county detention facilities and

  7  other jurisdictions.

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

  9  to determine what policies and practices are in place to

10  address persons convicted of prostitution.

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

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

13  frequency of incarceration.

14         (4)  Examine relevant scientific studies documenting

15  any correlation between prostitution and substance abuse.

16         (5)  Consider the implications of enhancing the

17  criminal penalty for prostitution from a misdemeanor to a

18  third-degree felony for a third or subsequent prostitution

19  offense with respect to the availability of treatment and

20  rehabilitation programs.

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

22  funding that is necessary to help persons convicted of

23  prostitution to avoid repeated incarceration in county

24  detention facilities and to successfully return to the

25  community.

26         Section 19.  In an effort to ensure that inmates

27  released from the Department of Corrections successfully

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

29  released from incarceration by the department must complete a

30  100-hour comprehensive transition course that covers job

31

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  1  readiness and life-management skills. This requirement does

  2  not apply to inmates released in an emergency situation.

  3         Section 20.  (1)  The sum of $5,005,514 is appropriated

  4  from the General Revenue Fund to the Department of Corrections

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

  6  this act for the secular purpose of reducing recidivism

  7  through successful reintegration of released inmates into the

  8  community.

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

10  least 10 community correctional centers authorized under

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

12  assist inmates in transition, strengthen participation of

13  community volunteers, and serve as a liaison with community

14  leaders. Using nonrecurring funds from the appropriation, the

15  department may erect adjacent structures or alter the physical

16  design of a community correctional center as is necessary to

17  accommodate the program needs and other unique requirements of

18  the chaplain.

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

20  52 transition-assistance specialists, six new Bureau of

21  Transition positions to monitor, oversee, and provide support

22  to transition assistance programs, and to expand the 100-hour

23  comprehensive transition course at each correctional

24  institution. The transition-assistance specialists shall

25  assist all inmates released from the custody of the department

26  who are eligible for the transition-assistance program.

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

28  additional faith-based dormitories similar to the current

29  faith-based pilot program operating at Tomoka Correctional

30  Institution. Using nonrecurring funds from the appropriation,

31  the department shall alter the physical design at selected

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  1  dormitories as necessary to accommodate program needs and

  2  other unique requirements of the program described in section

  3  944.803, Florida Statutes. Recurring funds from this

  4  appropriation shall fund six chaplain positions, six

  5  accompanying clerical-support positions, and the purchase of

  6  miscellaneous secular supplies that are necessary to operate

  7  the program.

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

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

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

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

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

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

14  appropriation shall be in addition to the minimum 400 required

15  beds designated as transition-housing beds under section

16  944.026(1)(c) and (2), Florida Statutes, which may be under

17  contract with private organizations not offering a faith

18  component. Funds from the appropriation may be used for paying

19  nonrecurring start-up costs to ensure the proper selection and

20  training of staff and for expenses that relate to preparing

21  the facilities for occupancy.

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

23  transition-housing beds provided by private organizations with

24  a faith component does not exceed the number of

25  transition-housing beds provided by private organizations

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

27  equal access to either type of transition bed.

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

29  not expended for the sole purpose of furthering religious

30  indoctrination, but rather that state funds are expended for

31  purposes of furthering the secular goals of criminal

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  1  rehabilitation, the successful reintegration of offenders into

  2  the community, and the reduction of recidivism.

  3         Section 21.  This act shall take effect July 1, 2001.

  4

  5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  6                            CS/SB 912

  7

  8  Permits the department to use probation and restitution center
    (PRC) beds as transitional housing;
  9
    Clarifies that the Addiction Supervision Program is designed
10  for released inmates;

11  Staggers the times when the new faith-based dormitories will
    come on line. The first three shall be operational by March
12  1st and the next three will be operational by June 1st;

13  Delays the assignment of the chaplains to the 10 work release
    centers from July to October;
14
    Provides for the revocation process used for the other forms
15  of supervision to also apply for the newly created Addiction
    Recovery Supervision;
16
    Expands the eligibility for admission into a pretrial
17  substance abuse education and treatment intervention program;

18  Removes prohibition on advisory committee designating a
    defendant eligible for the pretrial intervention program
19  without the recommendation and approval of the state
    attorney;and
20
    Reduces the number of transition assistance specialists from
21  60 to 52 to match the number of state prisons, adds 6 FTE to
    staff the new Bureau of  Transition and provides that the
22  payment of start-up costs to the vendors be discretionary and
    not mandatory and reduces the appropriation from $5.2 million
23  to a little over $5 million.

24

25

26

27

28

29

30

31

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