HB 1439

1
A bill to be entitled
2An act relating to restoration of civil rights; amending
3ss. 940.061, 944.293, and 944.605, F.S.; requiring that
4the Department of Corrections notify an offender, before
5discharge from supervision, of procedures by which the
6offender may apply for restoration of civil rights;
7requiring that the department assist the offender in
8completing forms required for restoration of civil rights;
9requiring that the offender acknowledge by signature
10receipt of such assistance; amending s. 944.705, F.S.;
11requiring the department to include in its release-
12orientation program instruction in the procedures for
13applying for restoration of civil rights; reenacting s.
14944.4731(6), F.S., relating to the Addiction-Recovery
15Supervision Program, for the purpose of incorporating the
16amendment to s. 944.705, F.S., in a reference thereto;
17providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Section 940.061, Florida Statutes, is amended
22to read:
23     940.061  Informing persons about executive clemency and
24restoration of civil rights.--The Department of Corrections
25shall inform and educate inmates and offenders on community
26supervision about the restoration of civil rights and assist
27eligible inmates and offenders on community supervision with the
28completion of the application for the restoration of civil
29rights. To document this notification, the department shall
30obtain the signature of each offender before the offender's
31discharge acknowledging receipt of assistance in completing the
32forms.
33     Section 2.  Section 944.293, Florida Statutes, is amended
34to read:
35     944.293  Initiation of restoration of civil rights.--With
36respect to those persons convicted of a felony, the following
37procedure shall apply:  Prior to the time an offender is
38discharged from supervision, an authorized agent of the
39department shall obtain from the Governor the necessary
40application and other forms required for the restoration of
41civil rights.  The authorized agent shall assist the offender in
42completing these forms and shall ensure that the application and
43all necessary material are forwarded to the Governor before the
44offender is discharged from supervision. To document compliance
45with this section, before an offender is discharged from
46supervision, the department shall obtain the signature of the
47offender acknowledging receipt of assistance in completing the
48forms required for restoration of civil rights.
49     Section 3.  Subsection (6) of section 944.605, Florida
50Statutes, is redesignated as subsection (7), and a new
51subsection (6) is added to said section, to read:
52     944.605  Inmate release; notification.--
53     (6)  Before an inmate's release, the department shall
54notify the inmate of the procedures necessary to apply for
55restoration of civil rights. Pursuant to ss. 944.293 and 940.03,
56the department shall obtain the signature of each inmate before
57the inmate's release acknowledging receipt of assistance in
58completing the forms.
59     Section 4.  Subsection (2) of section 944.705, Florida
60Statutes, is amended to read:
61     944.705  Release orientation program.--
62     (2)  The release orientation program instruction must
63include, but is not limited to:
64     (a)  Employment skills.
65     (b)  Money management skills.
66     (c)  Personal development and planning.
67     (d)  Special needs.
68     (e)  Community reentry concerns.
69     (f)  Community reentry support.
70     (g)  Procedures to apply for restoration of civil rights.
71     (h)(g)  Any other appropriate instruction to ensure the
72inmate's successful reentry into the community.
73     Section 5.  For the purpose of incorporating the amendment
74to section 944.705, Florida Statutes, in a reference thereto,
75subsection (6) of section 944.4731, Florida Statutes, is
76reenacted to read:
77     944.4731  Addiction-Recovery Supervision Program.--
78     (6)  Six months before an offender is released, the
79chaplain and transition assistance specialist at the institution
80where the offender is incarcerated shall initiate the prerelease
81screening process in addition to the basic release orientation
82required under s. 944.705.
83     (a)  The transition assistance specialist and the chaplain
84shall provide a list of contracted private providers, including
85faith-based providers, to the offender and facilitate the
86application process. The transition assistance specialist shall
87inform the offender of program availability and assess the
88offender's need and suitability for substance abuse transition
89housing assistance. If an offender is approved for placement,
90the specialist shall assist the offender and coordinate the
91release of the offender with the selected program. If an
92offender requests and is approved for placement in a contracted
93faith-based substance abuse transition housing program, the
94specialist must consult with the chaplain prior to such
95placement. A right to substance abuse program services is not
96stated, intended, or otherwise implied by this section.
97     (b)  If an offender has participated in a faith-based
98program while incarcerated or housed at a community correctional
99center and the same or a similar faith-based provider offers a
100contracted substance abuse transition housing program, the
101department shall make every attempt to maintain this continuum
102of care.
103     Section 6.  This act shall take effect upon becoming a law.


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