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  1                                 

  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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  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


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  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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  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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  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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  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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  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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  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.


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  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.


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  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


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  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


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  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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  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


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  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


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  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


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  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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  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


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  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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  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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  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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  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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  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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  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.

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


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