Senate Bill sb0912e1
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  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; creating s. 944.7031, F.S.;
  6         providing for inmates released from private
  7         correctional facilities to be eligible for the
  8         same transition-assistance services that are
  9         provided to inmates in state correctional
10         facilities; requiring that such inmates be
11         given access to placement consideration in
12         substance-abuse-transition housing programs,
13         including programs that have a faith-based
14         component; amending ss. 944.705, 944.706,
15         944.707, F.S.; authorizing the department to
16         contract with faith-based service groups for
17         release-assistance programs and postrelease
18         services; amending s. 944.803, F.S.; providing
19         additional requirements for faith-based
20         programs for inmates; requiring the department
21         to assign chaplains to certain community
22         correctional centers; amending s. 945.091,
23         F.S.; authorizing an inmate to participate in
24         faith-based service groups; amending s.
25         947.141, F.S.; providing revocation process for
26         offenders on addiction-recovery supervision;
27         amending s. 948.08, F.S.; providing that
28         specified offenders are eligible for certain
29         pretrial intervention programs; providing
30         requirements for a defendant to be designated
31         as eligible for a pretrial intervention
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  1         program; amending s. 951.10, F.S.; clarifying
  2         provisions governing the leasing of prisoners;
  3         requiring the Department of Corrections to
  4         report to the Governor and the Legislature on
  5         the implementation of the act; requiring the
  6         Legislative Committee on Intergovernmental
  7         Relations to report to the Legislature on
  8         intervention and treatment strategies for
  9         persons convicted of prostitution; requiring
10         inmates to complete a course on job readiness
11         and life management before release; providing
12         an appropriation; providing an effective date.
13
14         WHEREAS, the Task Force on Self-Inflicted Crimes, as
15  created by chapter 2000-366, Laws of Florida, identified in
16  its report issued January 18, 2001, a wide variety of
17  potential legislative solutions for reducing the repetitious
18  self-injurious behavior of prostitution and substance abuse,
19  and
20         WHEREAS, those recommendations stemmed from the
21  testimony from numerous individuals, substance-abuse experts,
22  governmental officials, and private organizations throughout
23  Florida, and
24         WHEREAS, a significant recommendation made by the task
25  force was recognition that state government should not and
26  cannot bear the sole burden of treating and helping those
27  suffering from addictions and self-injurious behaviors, and
28         WHEREAS, the task force concluded that faith-based
29  organizations are "armies of compassion" devoted to changing
30  individuals' hearts and lives and can offer cost-effective
31
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  1  substance-abuse treatment through the use of volunteers and
  2  other cost-saving measures, and
  3         WHEREAS, the task force concluded that inmates with
  4  histories of substance abuse will most likely return to prison
  5  without transition assistance and postrelease supervision,
  6  coupled with treatment and job placement, and
  7         WHEREAS, research has proven that "one-on-one" private
  8  and faith-based programming is often more effective than
  9  government programs in shaping and reclaiming lives because
10  they are free to assert the essential connection between
11  responsibility and human dignity; their approach is personal,
12  not bureaucratic; their service is not primarily a function of
13  professional background, but of individual commitment; and
14  they inject an element of moral challenge and spiritual
15  renewal that government cannot duplicate, and
16         WHEREAS, a study required by chapter 97-78, Laws of
17  Florida, to measure the effectiveness of faith-based programs
18  in Florida's correctional facilities found a strong and
19  beneficial correlation between faith-based programming and
20  remaining crime-free and drug-free upon release, and
21         WHEREAS, the Department of Corrections employs 105
22  prison chaplains who are responsible for addressing the
23  religious and spiritual needs of over 71,000 inmates; for
24  developing community linkages with churches, synagogues,
25  mosques, and other faith-based institutions; and for
26  recruiting and supervising volunteers who come into Florida's
27  prisons to provide spiritual programs, mentoring activities,
28  and other transitional skills, and
29         WHEREAS, the continued investment in the work of prison
30  chaplains and their clerical staff is a critical factor for
31  strengthening volunteer participation and support of
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  1  faith-based programs in the prisons, as recognized by an
  2  academic study in 1997 entitled "The Report of Faith-Based
  3  Programs in Correctional Facilities," and
  4         WHEREAS, the task force recommended that the
  5  Legislature fund faith-based substance-abuse-recovery programs
  6  and transition assistance for the secular purpose of reducing
  7  recidivism, and
  8         WHEREAS, in an effort to transform lives and break the
  9  personally destructive and expensive recidivism cycle, Florida
10  should increase the number of chaplains who strengthen
11  volunteer participation; expand the pilot dormitory program
12  started in November 1999; and implement a strong
13  transition-assistance residential program that includes a
14  voluntary faith component that supports inmates as they
15  reenter communities, NOW, THEREFORE,
16
17  Be It Enacted by the Legislature of the State of Florida:
18
19         Section 1.  Paragraph (c) of subsection (3) of section
20  20.315, Florida Statutes, is amended to read:
21         20.315  Department of Corrections.--There is created a
22  Department of Corrections.
23         (3)  SECRETARY OF CORRECTIONS.--The head of the
24  Department of Corrections is the Secretary of Corrections.
25  The secretary is appointed by the Governor, subject to
26  confirmation by the Senate, and shall serve at the pleasure of
27  the Governor.  The secretary is responsible for planning,
28  coordinating, and managing the corrections system of the
29  state.  The secretary shall ensure that the programs and
30  services of the department are administered in accordance with
31  state and federal laws, rules, and regulations, with
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  1  established program standards, and consistent with legislative
  2  intent.  The secretary shall identify the need for and
  3  recommend funding for the secure and efficient operation of
  4  the state correctional system.
  5         (c)  The secretary may appoint assistant secretaries,
  6  directors, or other such persons that he or she deems are
  7  necessary to accomplish the mission and goals of the
  8  department, including, but not limited to, the following areas
  9  of program responsibility:
10         1.  Security and institutional operations, which shall
11  provide inmate work programs, offender programs, security
12  administration, emergency operations response, and operational
13  oversight of the regions.
14         2.  Health services, which shall be headed by a
15  physician licensed under chapter 458 or an osteopathic
16  physician licensed under chapter 459, or a professionally
17  trained health care administrator with progressively
18  responsible experience in health care administration.  This
19  individual shall be responsible for the delivery of health
20  services to offenders within the system and shall have direct
21  professional authority over such services.
22         3.  Community corrections, which shall provide for
23  coordination of community alternatives to incarceration and
24  operational oversight of community corrections regions.
25         4.  Administrative services, which shall provide budget
26  and accounting services within the department, including the
27  construction and maintenance of correctional institutions,
28  human resource management, research, planning and evaluation,
29  and technology.
30         5.  Program, transition, and postrelease services,
31  which shall provide for the direct management and supervision
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  1  of all departmental programs, including the coordination and
  2  delivery of education and job training to the offenders in the
  3  custody of the department. In addition, this program shall
  4  provide for the direct management and supervision of all
  5  programs that furnish transition assistance to inmates who are
  6  or have recently been in the custody of the department,
  7  including the coordination, facilitation, and contract
  8  management of prerelease and postrelease transition services
  9  provided by governmental and private providers, including
10  faith-based service groups.
11         Section 2.  Subsections (1) and (3) of section 397.333,
12  Florida Statutes, are amended to read:
13         397.333  Statewide Drug Policy Advisory Council.--
14         (1)(a)  The Statewide Drug Policy Advisory Council is
15  created within the Executive Office of the Governor. The
16  director of the Office of Drug Control shall be a nonvoting,
17  ex officio member of the advisory council and shall act as
18  chairperson. The director of the Office of Planning and
19  Budgeting shall be a nonvoting, ex officio member of the
20  advisory council. The Office of Drug Control and the Office of
21  Planning and Budgeting shall provide staff support for the
22  advisory council.
23         (b)  The following state officials shall be appointed
24  to serve on the advisory council:
25         1.  The Attorney General, or his or her designee.
26         2.  The executive director of the Department of Law
27  Enforcement, or his or her designee.
28         3.  The Secretary of Children and Family Services, or
29  his or her designee.
30         4.  The Secretary of Health, or his or her designee.
31
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  1         5.  The Secretary of Corrections, or his or her
  2  designee.
  3         6.  The Secretary of Juvenile Justice, or his or her
  4  designee.
  5         7.  The Commissioner of Education, or his or her
  6  designee.
  7         8.  The executive director of the Department of Highway
  8  Safety and Motor Vehicles, or his or her designee.
  9         9.  The Adjutant General of the state as the Chief of
10  the Department of Military Affairs, or his or her designee.
11         (c)  In addition, the Governor shall appoint 11 members
12  of the public to serve on the advisory council. Of the 11
13  appointed members, one members must have professional or
14  occupational expertise in drug enforcement, one member must
15  have professional or occupational expertise in substance abuse
16  prevention, and one member must have professional or
17  occupational expertise in substance abuse treatment, and two
18  members must have professional or occupational expertise in
19  faith-based substance-abuse-treatment services. The remainder
20  of the members appointed should have professional or
21  occupational expertise in, or be generally knowledgeable
22  about, issues that relate to drug enforcement and substance
23  abuse programs and services. The members appointed by the
24  Governor must, to the extent possible, equitably represent all
25  geographic areas of the state.
26         (d)  The President of the Senate shall appoint a member
27  of the Senate to the advisory council and the Speaker of the
28  House of Representatives shall appoint a member of the House
29  of Representatives to the advisory council.
30         (e)  The Chief Justice of the Supreme Court shall
31  appoint a member of the judiciary to the advisory council.
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  1         (f)  Members appointed by the Governor, the President
  2  of the Senate, the Speaker of the House of Representatives,
  3  and the Chief Justice shall be appointed to terms of 4 years
  4  each. However, for the purpose of providing staggered terms,
  5  of the Governor's initial appointments, five members shall be
  6  appointed to 2-year terms and six members shall be appointed
  7  to 4-year terms.
  8         (3)  The advisory council shall:
  9         (a)  Conduct a comprehensive analysis of the problem of
10  substance abuse in this state and make recommendations to the
11  Governor and Legislature for developing and implementing a
12  state drug control strategy. The advisory council shall
13  determine the most effective means of establishing clear and
14  meaningful lines of communication between the advisory council
15  and the public and private sectors in order to ensure that the
16  process of developing and implementing the state drug control
17  strategy has afforded a broad spectrum of the public and
18  private sectors an opportunity to comment and make
19  recommendations.
20         (b)  Review and make recommendations to the Governor
21  and Legislature on funding substance abuse programs and
22  services, consistent with the state drug control strategy, as
23  developed. The council may recommend the creation of a
24  separate appropriations category for funding services
25  delivered or procured by state agencies and may recommend the
26  use of performance-based contracting as provided in s.
27  414.065.
28         (c)  Review various substance abuse programs and
29  recommend, where needed, measures that are sufficient to
30  determine program outcomes. The council shall review different
31  methodologies for evaluating programs and determine whether
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  1  programs within different agencies have common outcomes. The
  2  methodologies shall be consistent with those established under
  3  s. 216.0166.
  4         (d)  Review the drug control strategies and programs
  5  of, and efforts by, other states and the Federal Government
  6  and compile the relevant research.
  7         (e)  Recommend to the Governor and Legislature applied
  8  research projects that would use research capabilities within
  9  the state, including, but not limited to, the resources of the
10  State University System, for the purpose of achieving improved
11  outcomes and making better-informed strategic budgetary
12  decisions.
13         (f)  Recommend to the Governor and Legislature changes
14  in law which would remove barriers to or enhance the
15  implementation of the state drug control strategy.
16         (g)  Make recommendations to the Governor and the
17  Legislature on the need for public information campaigns to be
18  conducted in the state to limit substance abuse.
19         (h)  Ensure that there is a coordinated, integrated,
20  and multidisciplinary response to the substance abuse problem
21  in this state, with special attention given to creating
22  partnerships within and between the public and private
23  sectors, and to the coordinated, supported, and integrated
24  delivery of multiple-system services for substance abusers,
25  including a multiagency team approach to service delivery.
26         (i)  Assist communities and families in pooling their
27  knowledge and experiences with respect to the problem of
28  substance abuse. Forums for exchanging ideas, experiences, and
29  practical information, as well as instruction, should be
30  considered. For communities, such instruction may involve
31  issues of funding, staffing, training, and neighborhood and
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  1  parental involvement, and instruction on other issues. For
  2  families, such instruction may involve practical strategies
  3  for addressing family substance abuse; improving cognitive,
  4  communication, and decisionmaking skills; providing parents
  5  with techniques for resolving conflicts, communicating, and
  6  cultivating meaningful relationships with their children and
  7  establishing guidelines for their children; educating families
  8  about drug-free programs and activities in which they may
  9  serve as participants and planners; and other programs of
10  similar instruction. To maximize the effectiveness of such
11  forums, multiple agencies should participate.
12         (j)  Examine the extent to which all state programs
13  that involve substance-abuse treatment can include a
14  meaningful work component, and identify any change in the law
15  which would remove barriers to or enhance the work component
16  for a substance-abuse-treatment program.
17         (k)  Recommend to the Governor and the Legislature ways
18  to expand and fund drug courts, which have proven effective in
19  the state's drug-control strategy.
20         Section 3.  Section 944.026, Florida Statutes, is
21  amended to read:
22         944.026  Community-based facilities and programs.--
23         (1)  In addition to those facilities and services
24  described elsewhere in this chapter, the department shall
25  develop, provide, or contract for a statewide system of
26  community-based facilities, services, and programs dealing
27  with the rehabilitation of offenders, which shall include, but
28  not be limited to:
29         (a)  A system of community correctional centers to be
30  used for reintegration of the offender back into the
31
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  1  community, located at various places throughout the state as
  2  provided in s. 944.033.
  3         (b)  Community-based residential drug treatment
  4  facilities that which include:
  5         1.  Nonsecure facilities, whereby probationers and drug
  6  offender probationers who have violated their terms or
  7  conditions, or persons placed on community control whose
  8  presumptive sentence exceeds 22 months, may be required to
  9  reside while working, receiving treatment, or attending
10  school, and whereby inmates may be placed who are nearing
11  their date of release from a correctional institution or a
12  community correctional center, who are in need of placement in
13  a substance-abuse-transition housing program, and who are
14  considered eligible for such placement by the department; and
15         2.  Secure facilities which provide for limited access
16  for the duration of the program for persons who have violated
17  their conditions of probation, drug offender probation, or
18  community control, and whose presumptive sentence exceeds 22
19  months.
20         (c)  A system of probation and restitution centers
21  throughout the state whereby probationers, drug offender
22  probationers, and community controllees who have violated
23  their terms or conditions, and whose presumptive sentence
24  exceeds 22 months, may be required to reside while working,
25  receiving treatment, or attending school, or for persons on
26  probation, drug offender probation, or community control who
27  may be required to attend outpatient substance abuse
28  counseling and whereby inmates may be placed who are nearing
29  their date of release from a correctional institution or a
30  community correctional center, who are in need of placement in
31  a substance-abuse-transition housing program, and who are
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  1  considered eligible for such placement by the department. The
  2  purpose of these facilities and services is to provide the
  3  court with an alternative to committing offenders to more
  4  secure state correctional institutions and to assist in the
  5  supervision of probationers, drug offender probationers, and
  6  community controllees and to provide the department
  7  transitional-housing beds to assist inmates released into the
  8  community.
  9         (2)  By January 1, 2002, and notwithstanding any other
10  law, the department shall ensure that at least 400 of its
11  contracted beds in nonsecure community-based residential
12  substance-abuse-treatment facilities authorized under
13  subparagraph (1)(b)1. or probation and restitution centers
14  authorized under paragraph (1)(c) are designated for
15  transition assistance for inmates who are nearing their date
16  of release from a correctional institution or a community
17  correctional center. These designated beds shall be provided
18  by private organizations that do not have a faith component
19  and that are under contract with the department. In making
20  placement decisions, the department and the contract providers
21  shall give priority consideration to those inmates who are
22  nearing their date of release and who are to be placed in some
23  form of postrelease community supervision. However, if an
24  inmate whose sentence expires upon his or her release from a
25  correctional institution or a community correction center and
26  for whom community supervision is not required demonstrates
27  the need for or interest in and suitability for
28  transition-housing assistance, as determined by the
29  department, the inmate is eligible to be considered for
30  placement in transition housing. A right to
31
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  1  substance-abuse-program services is not stated, intended, or
  2  otherwise implied by this subsection.
  3         (3)(2)(a)  The department shall develop and implement
  4  procedures to diagnose offenders prior to sentencing, for the
  5  purpose of recommending to the sentencing court suitable
  6  candidates for placement in a community-based residential drug
  7  treatment facility or probation and restitution center as
  8  provided in this section. The department shall also develop
  9  and implement procedures to properly identify inmates prior to
10  release who demonstrate the need for or interest in and
11  suitability for placement in a community-based
12  substance-abuse-transition housing program as provided in this
13  section and pursuant to ss. 944.704 and 944.4731.
14         (b)  Pretrial intervention programs in appropriate
15  counties to provide early counseling and supervision services
16  to specified offenders as provided in s. 948.08.
17         Section 4.  Subsection (2) of section 944.473, Florida
18  Statutes, is amended to read:
19         944.473  Inmate substance abuse testing program.--
20         (2)  SUBSTANCE ABUSE TREATMENT PROGRAMS.--
21         (a)  An inmate who meets the criteria established by
22  the department shall participate in substance-abuse-program
23  services when such services are available. A right to
24  substance-abuse-program services is not stated, intended, or
25  otherwise implied by this chapter.
26         (b)  Upon arrival at a department's reception center
27  for initial processing, each inmate shall be screened and
28  assessed to determine if the inmate meets the department's
29  criteria for mandated participation in a substance-abuse
30  program. Criteria for mandated substance-abuse-program
31  services shall be based on:
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  1         1.  The presence of a diagnosed psychoactive substance
  2  dependence or use disorder;
  3         2.  The severity of the addiction;
  4         3.  A history of criminal behavior related to substance
  5  abuse;
  6         4.  A recommendation by a sentencing authority for
  7  substance-abuse-program services;
  8         5.  Unsuccessful participation in community-based
  9  substance-abuse services;
10         6.  Sentencing by a drug court or drug division; and
11         7.  Other classification or program criteria that the
12  department finds will ensure security and optimal program
13  placement.
14         (c)  When selecting contract providers to administer
15  substance-abuse-treatment programs, the department shall make
16  every effort to consider qualified faith-based service groups
17  on an equal basis with other private organizations. If
18  substance abuse treatment is requested by an inmate, the
19  department shall place the inmate in a substance abuse
20  treatment program, if available and appropriate.
21         Section 5.  Section 944.4731, Florida Statutes, is
22  created to read:
23         944.4731  Addiction-Recovery Supervision Program.--
24         (1)  This section may be cited as the
25  "Addiction-Recovery Supervision Program Act."
26         (2)(a)  Any offender released from a state correctional
27  facility who is convicted of a crime committed on or after
28  July 1, 2001, must be given addiction-recovery supervision if
29  the offender has:
30         1.  A history of substance-abuse or addiction;
31         2.  Participated in any drug treatment;
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  1         3.  No current or previous convictions for a violent
  2  offense;
  3         4.  No current or previous convictions for drug
  4  trafficking or for the unlawful sale of a controlled
  5  substance;
  6         5.  No current or previous convictions for a property
  7  offense, except for a conviction for:
  8         a.  Passing worthless checks, forgery, uttering, or
  9  counterfeiting;
10         b.  Third-degree felony grand theft, excluding a theft
11  relating to firearms; or
12         c.  Third-degree felony burglary of an unoccupied
13  structure or conveyance; and
14         6.  No current or previous conviction for a traffic
15  offense involving injury or death.
16         (b)  An offender released under addiction-recovery
17  supervision shall be subject to specified terms and
18  conditions, including payment of the costs of supervision
19  under s. 948.09 and any other court-ordered payments, such as
20  child support and restitution. If an offender has received a
21  term of probation or community control to be served after
22  release from incarceration, the period of probation or
23  community control may not be substituted for
24  addiction-recovery supervision and shall follow the term of
25  addiction-recovery supervision. A panel of not fewer than two
26  parole commissioners shall establish the terms and conditions
27  of supervision, and the terms and conditions must be included
28  in the supervision order. In setting the terms and conditions
29  of supervision, the parole commission shall weigh heavily the
30  program requirements, including, but not limited to, work at
31  paid employment while participating in treatment and traveling
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  1  restrictions. The commission shall also determine whether an
  2  offender violates the terms and conditions of supervision and
  3  whether a violation warrants revocation of addiction-recovery
  4  supervision pursuant to s. 947.141. The parole commission
  5  shall review the offender's record for the purpose of
  6  establishing the terms and conditions of supervision. The
  7  parole commission may impose any special conditions it
  8  considers warranted from its review of the record. The length
  9  of supervision may not exceed the maximum penalty imposed by
10  the court.
11         (c)  The Legislature finds that offenders released from
12  state prison into the community who meet the criteria for
13  participating in the addiction-recovery supervision program
14  possess the greatest potential for successful substance-abuse
15  recovery through treatment and transition assistance.
16         (3)(a)  Each fiscal year, and contingent upon funding,
17  the department shall enter into contracts with multiple
18  providers who are private organizations, including faith-based
19  service groups, to operate substance-abuse-transition housing
20  programs, including providers that:
21         1.  Provide postrelease housing, programming,
22  treatment, and other transitional services;
23         2.  Emphasize job placement and gainful employment for
24  program participants;
25         3.  Provide a curriculum related to substance-abuse
26  treatment which uses a cognitive-behavior model or 12-step
27  model of addiction recovery;
28         4.  Provide for a length of stay of not more than 12
29  months; and
30         5.  Use community volunteers in operating the program
31  to the greatest extent possible.
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    CS for CS for SB 912                           First Engrossed
  1         (b)  The department shall allow providers to use
  2  innovative approaches to treatment and shall authorize a high
  3  level of flexibility in operating a program. The department
  4  shall ensure that an offender's faith orientation, or lack
  5  thereof, will not be considered in determining admission to a
  6  faith-based program and that the program does not attempt to
  7  convert an offender toward a particular faith or religious
  8  preference.
  9         (4)  When facilitating job placement for an offender
10  under this program, the provider shall make every effort to
11  secure suitable employment that provides adequate wages, a
12  potential for advancement, and a likelihood of stable and
13  long-term employment. To measure the success of postrelease
14  job placement, the department shall, as part of its annual
15  report, track for 1 year offenders who successfully complete
16  the program and shall determine their employment status.
17         (5)  Each contract entered into under this section for
18  operating a substance-abuse-transition housing program must
19  invite innovation, minimize bureaucracy, and permit the
20  private organization or faith-based provider to petition the
21  department to waive any rule, policy, or procedure that is
22  inconsistent with the mission of the private organization or
23  faith-based provider.
24         (6)  Six months before an offender is released, the
25  chaplain and transition-assistance specialist at the
26  institution where the offender is incarcerated shall initiate
27  the prerelease screening process in addition to the basic
28  release orientation required under s. 944.705.
29         (a)  The transition-assistance specialist and the
30  chaplain shall provide a list of contracted private providers,
31  including faith-based providers, to the offender and
                                  18
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    CS for CS for SB 912                           First Engrossed
  1  facilitate the application process. The transition-assistance
  2  specialist shall inform the offender of program availability
  3  and assess the offender's need and suitability for
  4  substance-abuse-transition housing assistance. If an offender
  5  is approved for placement, the specialist shall assist the
  6  offender and coordinate the release of the offender with the
  7  selected program. If an offender requests and is approved for
  8  placement in a contracted faith-based
  9  substance-abuse-transition housing program, the specialist
10  must consult with the chaplain prior to such placement. A
11  right to substance-abuse-program services is not stated,
12  intended, or otherwise implied by this section.
13         (b)  If an offender has participated in a faith-based
14  program while incarcerated or housed at a community
15  correctional center and the same or a similar faith-based
16  provider offers a contracted substance-abuse-transition
17  housing program, the department shall make every attempt to
18  maintain this continuum of care.
19         (7)  While participating in a
20  substance-abuse-transition housing program, an offender shall:
21         (a)  Adhere to all conditions of supervision enforced
22  by the commission and the program provider. Failure to comply
23  with such rules or conditions may result in revocation of
24  supervision pursuant to s. 947.141.
25         (b)  Pay fees to defray program costs, costs of
26  supervision required under s. 948.09, and any restitution or
27  obligations for child support.
28         (c)  Participate in a cognitive-behavior model or
29  12-step model of recovery.
30
31
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    CS for CS for SB 912                           First Engrossed
  1         (8)  The commission may adopt rules pursuant to ss.
  2  120.536(1) and 120.54 as necessary for administering this
  3  section.
  4         Section 6.  Section 944.702, Florida Statutes, is
  5  amended to read:
  6         944.702  Legislative intent.--It is the intent of the
  7  Legislature to provide persons released from incarceration
  8  from the Department of Corrections with certain fundamental
  9  resources in the areas of employment, life skills training,
10  job placement, and access to as many support services as
11  possible in order to appreciably increase the likelihood of
12  the inmate's successful reentry into free society. The
13  Legislature intends that these support services include
14  faith-based service groups on an equal basis with other
15  private organizations.
16         Section 7.  Section 944.703, Florida Statutes, is
17  amended to read:
18         944.703  Eligible inmates.--Sections 944.701-944.708
19  apply to all inmates released from the custody of the
20  department.  However, priority should be given to
21  substance-addicted inmates to help break the cycle of drug
22  abuse, prostitution, and other self-injurious criminal
23  behavior that causes harm to families and communities. Those
24  inmates with a detainer are eligible if the department
25  determines that cancellation of the detainer is likely or that
26  the incarceration for which the detainer was issued will be of
27  short duration.  The department shall confirm the detainer
28  with the originating authority prior to release.
29         Section 8.  Section 944.7031, Florida Statutes, is
30  created to read:
31
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    CS for CS for SB 912                           First Engrossed
  1         944.7031  Eligible inmates released from private
  2  correctional facilities.--
  3         (1)  It is the intent of the Legislature that state
  4  inmates nearing release from a private correctional facility
  5  managed under chapter 957 are eligible for assistance under
  6  ss. 944.701-944.708, and all laws that provide for or mandate
  7  transition-assistance services to inmates nearing release also
  8  apply to inmates who reside in private correctional
  9  facilities.
10         (2)  To assist an inmate nearing release from a private
11  correctional facility, the department and the
12  transition-assistance specialist shall coordinate with a
13  designated staff person at each private correctional facility
14  to ensure that a state inmate released from the private
15  correctional facility is informed of and provided with the
16  same level of transition-assistance services that are provided
17  by the department for an inmate in a state correctional
18  facility. Any inmate released from a private correctional
19  facility shall also have equal access to placement
20  consideration in a contracted substance-abuse-transition
21  housing program, including those programs that have a
22  faith-based component.
23         Section 9.  Section 944.704, Florida Statutes, is
24  amended to read:
25         944.704  Staff who provide transition assistance;
26  duties.--The department shall provide a transition-assistance
27  specialist transition assistance officer at each of the major
28  institutions whose duties include, but are not limited to:
29         (1)  Coordinating delivery of transition-assistance
30  transition assistance program services at the institution and
31
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    CS for CS for SB 912                           First Engrossed
  1  at the community correctional centers authorized pursuant to
  2  s. 945.091(1)(b).
  3         (2)  Assisting in the development of each inmate's
  4  postrelease plan.
  5         (3)  Obtaining job placement information for
  6  transmittal to the Department of Labor and Employment
  7  Security.
  8         (4)  Facilitating placement in a private
  9  transition-housing program, if requested by any eligible
10  inmate. If an inmate who is nearing his or her date of release
11  requests placement in a contracted substance-abuse-transition
12  housing program, the transition-assistance specialist shall
13  inform the inmate of program availability and assess the
14  inmate's need and suitability for transition-housing
15  assistance. If an inmate is approved for placement, the
16  specialist shall assist the inmate and coordinate the release
17  of the inmate with the selected program. If an inmate requests
18  and is approved for placement in a contracted faith-based
19  substance-abuse-transition housing program, the specialist
20  must consult with the chaplain prior to such placement. In
21  selecting inmates who are nearing their date of release for
22  placement in a faith-based program, the department shall
23  ensure that an inmate's faith orientation, or lack thereof,
24  will not be considered in determining admission to the program
25  and that the program does not attempt to convert an inmate
26  toward a particular faith or religious preference.
27         (5)(4)  Providing a photo identification card to all
28  inmates prior to their release.
29
30
31
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    CS for CS for SB 912                           First Engrossed
  1  The transition-assistance specialist may not be a correctional
  2  officer or correctional probation officer as defined in s.
  3  943.10.
  4         Section 10.  Subsections (1) and (2) of section
  5  944.705, Florida Statutes, are reenacted, and subsection (5)
  6  of that section is amended to read:
  7         944.705  Release orientation program.--
  8         (1)  The department shall provide participation in a
  9  standardized release orientation program to every eligible
10  inmate.
11         (2)  The release orientation program instruction must
12  include, but is not limited to:
13         (a)  Employment skills.
14         (b)  Money management skills.
15         (c)  Personal development and planning.
16         (d)  Special needs.
17         (e)  Community reentry concerns.
18         (f)  Community reentry support.
19         (g)  Any other appropriate instruction to ensure the
20  inmate's successful reentry into the community.
21         (5)  The department may is authorized to contract with
22  public or private entities, including faith-based service
23  groups, for the provision of all or part of the services
24  pursuant to this section.
25         Section 11.  Section 944.706, Florida Statutes, is
26  amended to read:
27         944.706  Basic release assistance.--
28         (1)  Any inmate who is being released is eligible for
29  transition assistance.  Those inmates released to a detainer
30  are eligible pursuant to s. 944.703.
31
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    CS for CS for SB 912                           First Engrossed
  1         (2)  The department may is authorized to contract with
  2  the Department of Children and Family Services, the Salvation
  3  Army, and other public or private organizations, including
  4  faith-based service groups, for the provision of basic support
  5  services for releasees.  The department shall contract with
  6  the Department of Labor and Employment Security for the
  7  provision of releasee job placement.
  8         (3)  The department shall adopt promulgate rules for
  9  the development, implementation, and termination of transition
10  assistance.
11         Section 12.  Section 944.707, Florida Statutes, is
12  amended to read:
13         944.707  Postrelease special services; job placement
14  services.--
15         (1)  The department shall attempt to generate and
16  provide to every releasee, identified by the prerelease needs
17  assessment, support services such as, but not limited to,
18  substance abuse counseling, family counseling, and employment
19  support programs.  The department may is authorized to select
20  and contract with public or private organizations, including
21  faith-based service groups, for the provision of these basic
22  support services. When selecting a provider, the department
23  shall consider faith-based service groups on an equal basis
24  with other private organizations. Provider selection criteria
25  include, but are not limited to:
26         (a)  The depth and scope of services provided.
27         (b)  The geographic area to be served.
28         (c)  The number of inmates to be served and the cost of
29  services per inmate.
30         (d)  The individual provider's record of success in the
31  provision of inmate services.
                                  24
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    CS for CS for SB 912                           First Engrossed
  1         (2)  The department, with the assistance of the State
  2  Office on Homelessness, shall maintain and regularly update a
  3  comprehensive directory of support services offered by private
  4  organizations and faith-based service groups for the purpose
  5  of assisting transition-assistance specialists and chaplains
  6  in making individualized placements and referrals. The
  7  following items shall be provided to the Department of Labor
  8  and Employment Security job service office located nearest to
  9  the inmate's intended residence:
10         (a)  The job placement information obtained at release
11  orientation.
12         (b)  Referral information for the needed basic support
13  service providers.
14         (3)(a)  The Department of Labor and Employment Security
15  shall assign job service staff exclusively dedicated to
16  releasee services at those offices identified by the
17  Department of Corrections as having a high number of releasee
18  contacts.  Those offices having a fewer number of releasee
19  contacts shall have designated staff assigned to assist
20  releasees.  The Department of Labor and Employment Security
21  shall provide appropriate training for staff assigned to
22  assist releasees.  Staff assigned to assist releasees shall
23  use job placement information obtained at each releasee's
24  release orientation to attempt to secure suitable employment
25  for the releasee prior to the releasee's arrival.  Staff
26  assigned to assist releasees shall act to maximize releasee
27  placement opportunities in the job service office service
28  area.
29         (b)  The Department of Labor and Employment Security
30  shall provide to the Department of Corrections data relating
31  to inmate placement, tracking, and market needs.
                                  25
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    CS for CS for SB 912                           First Engrossed
  1         Section 13.  Section 944.803, Florida Statutes, is
  2  amended to read:
  3         944.803  Faith-based programs for inmates.--
  4         (1)  The Legislature finds and declares that
  5  faith-based programs offered in state and private correctional
  6  institutions and facilities have the potential to facilitate
  7  inmate institutional adjustment, help inmates assume personal
  8  responsibility, and reduce recidivism.
  9         (2)  It is the intent of the Legislature that the
10  Department of Corrections and the private vendors operating
11  private correctional facilities shall continuously:
12         (a)  Measure recidivism rates for inmates who have
13  participated in religious programs;
14         (b)  Increase the number of volunteers who minister to
15  inmates from various faith-based institutions in the
16  community;
17         (c)  Develop community linkages with churches,
18  synagogues, mosques, and other faith-based institutions to
19  assist inmates in their release back into the community; and
20         (d)  Fund through the use of inmate welfare trust funds
21  pursuant to s. 945.215 an adequate number of chaplains and
22  support staff to operate faith-based programs in correctional
23  institutions.
24         (3)  By March 1, 2002, the department must have at
25  least three additional faith-based dormitory programs fully
26  operational and by June 1, 2002, the department must have at
27  least three more faith-based dormitory programs fully
28  operational, for a total or six new programs fully operational
29  by June 1, 2002. These six programs shall be similar to and in
30  addition to the current faith-based pilot program. The six new
31  programs shall be a joint effort with the department and
                                  26
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    CS for CS for SB 912                           First Engrossed
  1  faith-based service groups within the community. The
  2  department shall ensure that an inmate's faith orientation, or
  3  lack thereof, will not be considered in determining admission
  4  to a faith-based program and that the program does not attempt
  5  to convert an inmate toward a particular faith or religious
  6  preference. The programs shall operate 24 hours a day within
  7  the existing correctional facilities. The programs must
  8  emphasize the importance of personal responsibility,
  9  meaningful work, education, substance-abuse treatment, and
10  peer support. Participation in the faith-based dormitory
11  program shall be voluntary. However, at least 80 percent of
12  the inmates participating in this program must be within 36
13  months of release. Assignment to these programs shall be based
14  on evaluation and the length of time the inmate is projected
15  to be assigned to that particular institution. In evaluating
16  an inmate for this program, priority shall be given to inmates
17  who have shown an indication for substance abuse. A right to
18  substance-abuse-program services is not stated, intended, or
19  otherwise implied by this subsection. The department may not
20  remove an inmate once assigned to the program except for the
21  purposes of population management, for inmate conduct that may
22  subject the inmate to disciplinary confinement or loss of
23  gain-time, for physical or mental health concerns, or for
24  security or safety concerns. To support the programming
25  component, the department shall assign a chaplain and a
26  full-time clerical support person dedicated to each dormitory
27  to implement and monitor the program and to strengthen
28  volunteer participation and support. By January 1, 2004, the
29  department shall submit an evaluation report to the Governor,
30  the President of the Senate, and the Speaker of the House of
31  Representatives on the faith-based dormitory program. The
                                  27
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    CS for CS for SB 912                           First Engrossed
  1  report must contain the findings from an extensive and
  2  scientifically sound evaluation of the program, including at
  3  least a longitudinal followup of the inmates who have
  4  successfully completed the program compared to other similar
  5  inmates who have not participated and an opinion survey of the
  6  faith-based service providers.
  7         (4)  Effective October 1, 2001, the Department of
  8  Corrections shall assign chaplains to community correctional
  9  centers authorized pursuant to s. 945.091(1)(b). These
10  chaplains shall strengthen volunteer participation by
11  recruiting volunteers in the community to assist inmates in
12  transition, and, if requested by the inmate, placement in a
13  mentoring program or at a contracted
14  substance-abuse-transition housing program. When placing an
15  inmate in a contracted program, the chaplain shall work with
16  the institutional transition-assistance specialist in an
17  effort to successfully place the released inmate.
18         (5)  The department shall ensure that any faith
19  component of any program authorized in this chapter is offered
20  on a voluntary basis and, an offender's faith orientation, or
21  lack thereof, will not be considered in determining admission
22  to a faith-based program and that the program does not attempt
23  to convert an offender toward a particular faith or religious
24  preference.
25         (6)  The department shall ensure that state funds are
26  not expended for the purpose of furthering religious
27  indoctrination, but rather, that state funds are expended for
28  purposes of furthering the secular goals of criminal
29  rehabilitation, the successful reintegration of offenders into
30  the community, and the reduction of recidivism.
31
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    CS for CS for SB 912                           First Engrossed
  1         Section 14.  Subsection (1) of section 945.091, Florida
  2  Statutes, is amended to read:
  3         945.091  Extension of the limits of confinement;
  4  restitution by employed inmates.--
  5         (1)  The department may is authorized to adopt rules
  6  regulations permitting the extension of the limits of the
  7  place of confinement of an inmate as to whom there is
  8  reasonable cause to believe that the inmate will honor his or
  9  her trust by authorizing the inmate, under prescribed
10  conditions and following investigation and approval by the
11  secretary, or the secretary's designee, who shall maintain a
12  written record of such action, to leave the confines of that
13  place unaccompanied by a custodial agent for a prescribed
14  period of time to:
15         (a)  Visit, for a specified period, a specifically
16  designated place or places:
17         1.  For the purpose of visiting a dying relative,
18  attending the funeral of a relative, or arranging for
19  employment or for a suitable residence for use when released;
20         2.  To otherwise aid in the rehabilitation of the
21  inmate and his or her successful transition into the
22  community; or
23         3.  For another compelling reason consistent with the
24  public interest,
25
26  and return to the same or another institution or facility
27  designated by the Department of Corrections.
28         (b)  Work at paid employment, participate in an
29  education or a training program, or voluntarily serve a public
30  or nonprofit agency or faith-based service group in the
31  community, while continuing as an inmate of the institution or
                                  29
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    CS for CS for SB 912                           First Engrossed
  1  facility in which the inmate is confined, except during the
  2  hours of his or her employment, education, training, or
  3  service and traveling thereto and therefrom.
  4         1.  An inmate may participate in paid employment only
  5  during the last 36 months of his or her confinement, unless
  6  sooner requested by the Parole Commission or the Control
  7  Release Authority.
  8         2.  While working at paid employment and residing in
  9  the facility, an inmate may apply for placement at a
10  contracted substance-abuse-transition housing program. The
11  transition-assistance specialist shall inform the inmate of
12  program availability and assess the inmate's need and
13  suitability for transition-housing assistance. If an inmate is
14  approved for placement, the specialist shall assist the
15  inmate. If an inmate requests and is approved for placement in
16  a contracted faith-based substance-abuse-transition housing
17  program, the specialist must consult with the chaplain prior
18  to such placement. The department shall ensure that an
19  inmate's faith orientation, or lack thereof, will not be
20  considered in determining admission to a faith-based program
21  and that the program does not attempt to convert an inmate
22  toward a particular faith or religious preference.
23         (c)  Participate in a residential or nonresidential
24  rehabilitative program operated by a public or private,
25  nonprofit agency, including faith-based service groups, with
26  which the department has contracted for the treatment of such
27  inmate.  The provisions of ss. 216.311 and 287.057 shall apply
28  to all contracts between the department and any private entity
29  providing such services.  The department shall require such
30  agency to provide appropriate supervision of inmates
31  participating in such program.  The department is authorized
                                  30
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    CS for CS for SB 912                           First Engrossed
  1  to terminate any inmate's participation in the program if such
  2  inmate fails to demonstrate satisfactory progress in the
  3  program as established by departmental rules.
  4         Section 15.  Subsections (1), (2), (3), (4), and (6) of
  5  section 947.141, Florida Statutes, are amended to read:
  6         947.141  Violations of conditional release, control
  7  release, or conditional medical release or addiction-recovery
  8  supervision.--
  9         (1)  If a member of the commission or a duly authorized
10  representative of the commission has reasonable grounds to
11  believe that an offender who is on release supervision under
12  s. 947.1405, s. 947.146, or s. 947.149, or s. 944.4731 has
13  violated the terms and conditions of the release in a material
14  respect, such member or representative may cause a warrant to
15  be issued for the arrest of the releasee; if the offender was
16  found to be a sexual predator, the warrant must be issued.
17         (2)  Upon the arrest on a felony charge of an offender
18  who is on release supervision under s. 947.1405, s. 947.146,
19  or s. 947.149, or s. 944.4731, the offender must be detained
20  without bond until the initial appearance of the offender at
21  which a judicial determination of probable cause is made. If
22  the magistrate determines that there was no probable cause for
23  the arrest, the offender may be released. If the magistrate
24  determines that there was probable cause for the arrest, such
25  determination also constitutes reasonable grounds to believe
26  that the offender violated the conditions of the release.
27  Within 24 hours after the magistrate's finding of probable
28  cause, the detention facility administrator or designee shall
29  notify the commission and the department of the finding and
30  transmit to each a facsimile copy of the probable cause
31  affidavit or the sworn offense report upon which the
                                  31
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    CS for CS for SB 912                           First Engrossed
  1  magistrate's probable cause determination is based. The
  2  offender must continue to be detained without bond for a
  3  period not exceeding 72 hours excluding weekends and holidays
  4  after the date of the probable cause determination, pending a
  5  decision by the commission whether to issue a warrant charging
  6  the offender with violation of the conditions of release. Upon
  7  the issuance of the commission's warrant, the offender must
  8  continue to be held in custody pending a revocation hearing
  9  held in accordance with this section.
10         (3)  Within 45 days after notice to the Parole
11  Commission of the arrest of a releasee charged with a
12  violation of the terms and conditions of conditional release,
13  control release, or conditional medical release, or
14  addiction-recovery supervision, the releasee must be afforded
15  a hearing conducted by a commissioner or a duly authorized
16  representative thereof. If the releasee elects to proceed with
17  a hearing, the releasee must be informed orally and in writing
18  of the following:
19         (a)  The alleged violation with which the releasee is
20  charged.
21         (b)  The releasee's right to be represented by counsel.
22         (c)  The releasee's right to be heard in person.
23         (d)  The releasee's right to secure, present, and
24  compel the attendance of witnesses relevant to the proceeding.
25         (e)  The releasee's right to produce documents on the
26  releasee's own behalf.
27         (f)  The releasee's right of access to all evidence
28  used against the releasee and to confront and cross-examine
29  adverse witnesses.
30         (g)  The releasee's right to waive the hearing.
31
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    CS for CS for SB 912                           First Engrossed
  1         (4)  Within a reasonable time following the hearing,
  2  the commissioner or the commissioner's duly authorized
  3  representative who conducted the hearing shall make findings
  4  of fact in regard to the alleged violation. A panel of no
  5  fewer than two commissioners shall enter an order determining
  6  whether the charge of violation of conditional release,
  7  control release, or conditional medical release, or
  8  addiction-recovery supervision has been sustained based upon
  9  the findings of fact presented by the hearing commissioner or
10  authorized representative. By such order, the panel may revoke
11  conditional release, control release, or conditional medical
12  release, or addiction-recovery supervision and thereby return
13  the releasee to prison to serve the sentence imposed,
14  reinstate the original order granting the release, or enter
15  such other order as it considers proper. Effective for inmates
16  whose offenses were committed on or after July 1, 1995, the
17  panel may order the placement of a releasee, upon a finding of
18  violation pursuant to this subsection, into a local detention
19  facility as a condition of supervision.
20         (6)  Whenever a conditional release, control release,
21  or conditional medical release, or addiction-recovery
22  supervision is revoked by a panel of no fewer than two
23  commissioners and the releasee is ordered to be returned to
24  prison, the releasee, by reason of the misconduct, shall be
25  deemed to have forfeited all gain-time or commutation of time
26  for good conduct, as provided for by law, earned up to the
27  date of release. However, if a conditional medical release is
28  revoked due to the improved medical or physical condition of
29  the releasee, the releasee shall not forfeit gain-time accrued
30  before the date of conditional medical release. This
31  subsection does not deprive the prisoner of the right to
                                  33
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    CS for CS for SB 912                           First Engrossed
  1  gain-time or commutation of time for good conduct, as provided
  2  by law, from the date of return to prison.
  3         Section 16.  Paragraph (a) of subsection (6) and
  4  subsection (7) of section 948.08, Florida Statutes, are
  5  amended to read:
  6         948.08  Pretrial intervention program.--
  7         (6)(a)  Notwithstanding any provision of this section,
  8  a person who is charged with a felony of the second or third
  9  degree for purchase or possession of a controlled substance
10  under chapter 893, tampering with evidence, solicitation for
11  purchase of a controlled substance, or obtaining a
12  prescription by fraud; who has not been charged with a crime
13  involving violence, including, but not limited to, murder,
14  sexual battery, robbery, carjacking, home-invasion robbery, or
15  any other crime involving violence; and who has not previously
16  been convicted of a felony nor been admitted to a felony
17  pretrial program referred to in this section, is eligible for
18  admission into a pretrial substance abuse education and
19  treatment intervention program approved by the chief judge of
20  the circuit, for a period of not less than 1 year in duration,
21  upon motion of either party or the court's own motion, except:
22         1.  If a defendant was previously offered admission to
23  a pretrial substance abuse education and treatment
24  intervention program at any time prior to trial and the
25  defendant rejected that offer on the record, then the court or
26  the state attorney may deny the defendant's admission to such
27  a program.
28         2.  If the state attorney believes that the facts and
29  circumstances of the case suggest the defendant's involvement
30  in the dealing and selling of controlled substances, the court
31  shall hold a preadmission hearing. If the state attorney
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    CS for CS for SB 912                           First Engrossed
  1  establishes, by a preponderance of the evidence at such
  2  hearing, that the defendant was involved in the dealing or
  3  selling of controlled substances, the court shall deny the
  4  defendant's admission into a pretrial intervention program.
  5         (7)  The chief judge in each circuit may appoint an
  6  advisory committee for the pretrial intervention program
  7  composed of the chief judge or his or her designee, who shall
  8  serve as chair; the state attorney, the public defender, and
  9  the program administrator, or their designees; and such other
10  persons as the chair deems appropriate. The advisory committee
11  may not designate any defendant eligible for a pretrial
12  intervention program for any offense that is not listed under
13  paragraph (6)(a) without the state attorney's recommendation
14  and approval. The committee may also include persons
15  representing any other agencies to which persons released to
16  the pretrial intervention program may be referred.
17         Section 17.  Section 951.10, Florida Statutes, is
18  amended to read:
19         951.10  Leasing prisoners to work for private interests
20  prohibited.--No County prisoners may not shall be leased to
21  work for any private interests. This section does not prohibit
22  county inmates from working in nonprofit and private-sector
23  jobs pursuant to s. 951.24(2) and consistent with federal law.
24         Section 18.  By March 1, 2002, the Department of
25  Corrections shall submit a comprehensive report to the
26  Governor, the President of the Senate, and the Speaker of the
27  House of Representatives on its progress in implementing this
28  act. In its comprehensive report the department shall:
29         (1)  Identify the number of beds needed for
30  substance-abuse-transition housing for the 2002-2003,
31  2003-2004, and 2004-2005 fiscal years, and shall evaluate the
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    CS for CS for SB 912                           First Engrossed
  1  impact of designating nonsecure, community-based residential
  2  beds for postrelease transition services.
  3         (2)  Provide a 5-year plan for and the amount of funds
  4  needed for expanding the number of faith-based dormitory
  5  programs and expanding the number of chaplain-assisted
  6  community correctional centers.
  7         (3)  Project the number and fiscal impact of the
  8  anticipated admissions to the Addiction-Recovery Supervision
  9  Program over the next 5 years.
10         (4)  Describe and evaluate new prerelease and
11  postrelease transition services provided by the department,
12  including the effectiveness of the newly created bureau, the
13  transition-assistance specialists at each institution, the
14  chaplain positions, and the expansion of comprehensive
15  transition courses.
16         Section 19.  By March 1, 2002, the Legislative
17  Committee on Intergovernmental Relations shall submit a
18  detailed report to the Legislature on the feasibility of
19  providing effective intervention and treatment strategies for
20  persons convicted of prostitution and detained in county
21  detention facilities.  In compiling this study, the committee
22  shall:
23         (1)  Identify and describe successful intervention and
24  treatment strategies in state county detention facilities and
25  other jurisdictions.
26         (2)  Survey each county detention facility in the state
27  to determine what policies and practices are in place to
28  address persons convicted of prostitution.
29         (3)  Determine the number of prostitutes being held in
30  county detention facilities, their length of stay, and their
31  frequency of incarceration.
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    CS for CS for SB 912                           First Engrossed
  1         (4)  Examine relevant scientific studies documenting
  2  any correlation between prostitution and substance abuse.
  3         (5)  Consider the implications of enhancing the
  4  criminal penalty for prostitution from a misdemeanor to a
  5  third-degree felony for a third or subsequent prostitution
  6  offense with respect to the availability of treatment and
  7  rehabilitation programs.
  8         (6)  Recommend any changes to substantive law and any
  9  funding that is necessary to help persons convicted of
10  prostitution to avoid repeated incarceration in county
11  detention facilities and to successfully return to the
12  community.
13         Section 20.  In an effort to ensure that inmates
14  released from the Department of Corrections successfully
15  reenter the community, beginning December 1, 2002, each inmate
16  released from incarceration by the department must complete a
17  100-hour comprehensive transition course that covers job
18  readiness and life-management skills. This requirement does
19  not apply to inmates released in an emergency situation.
20         Section 21.  (1)  The sum of $5,005,514 is appropriated
21  from the General Revenue Fund to the Department of Corrections
22  for the 2001-2002 fiscal year to implement the provisions of
23  this act for the secular purpose of reducing recidivism
24  through successful reintegration of released inmates into the
25  community.
26         (2)  The appropriation shall fund a chaplain for at
27  least 10 community correctional centers authorized under
28  section 945.091(1)(b), Florida Statutes. The chaplains shall
29  assist inmates in transition, strengthen participation of
30  community volunteers, and serve as a liaison with community
31  leaders. Using nonrecurring funds from the appropriation, the
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    CS for CS for SB 912                           First Engrossed
  1  department may erect adjacent structures or alter the physical
  2  design of a community correctional center as is necessary to
  3  accommodate the program needs and other unique requirements of
  4  the chaplain.
  5         (3)(a)  This appropriation shall also be used to fund
  6  52 transition-assistance specialists, six new Bureau of
  7  Transition positions to monitor, oversee, and provide support
  8  to transition assistance programs, and to expand the 100-hour
  9  comprehensive transition course at each correctional
10  institution. The transition-assistance specialists shall
11  assist all inmates released from the custody of the department
12  who are eligible for the transition-assistance program.
13         (b)  The appropriation shall also be used to fund six
14  additional faith-based dormitories similar to the current
15  faith-based pilot program operating at Tomoka Correctional
16  Institution. Using nonrecurring funds from the appropriation,
17  the department shall alter the physical design at selected
18  dormitories as necessary to accommodate program needs and
19  other unique requirements of the program described in section
20  944.803, Florida Statutes. Recurring funds from this
21  appropriation shall fund six chaplain positions, six
22  accompanying clerical-support positions, and the purchase of
23  miscellaneous secular supplies that are necessary to operate
24  the program.
25         (c)  Finally, this appropriation shall also fund, for
26  the 2001-2002 fiscal year, the nonrecurring start-up and
27  recurring per diem costs for 400 substance-abuse-transition
28  housing beds. The 400 substance-abuse-transition housing beds
29  shall be provided by faith-based service groups under contract
30  with the department. The new beds and services funded by this
31  appropriation shall be in addition to the minimum 400 required
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    CS for CS for SB 912                           First Engrossed
  1  beds designated as transition-housing beds under section
  2  944.026(1)(c) and (2), Florida Statutes, which may be under
  3  contract with private organizations not offering a faith
  4  component. Funds from the appropriation may be used for paying
  5  nonrecurring start-up costs to ensure the proper selection and
  6  training of staff and for expenses that relate to preparing
  7  the facilities for occupancy.
  8         (d)  The department shall ensure that the number of
  9  transition-housing beds provided by private organizations with
10  a faith component does not exceed the number of
11  transition-housing beds provided by private organizations
12  without a faith component, so that an eligible offender has
13  equal access to either type of transition bed.
14         (e)  The department shall ensure that state funds are
15  not expended for the sole purpose of furthering religious
16  indoctrination, but rather that state funds are expended for
17  purposes of furthering the secular goals of criminal
18  rehabilitation, the successful reintegration of offenders into
19  the community, and the reduction of recidivism.
20         Section 22.  This act shall take effect July 1, 2001.
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