Senate Bill sb0414

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    Florida Senate - 2004                                   SB 414

    By Senator Bullard





    39-541-04

  1                      A bill to be entitled

  2         An act relating to restoration of civil rights;

  3         amending ss. 940.061, 944.293, and 944.605,

  4         F.S.; requiring that the Department of

  5         Corrections notify an offender, before

  6         discharge from supervision, of procedures by

  7         which the offender may apply for restoration of

  8         civil rights; requiring that the department

  9         assist the offender in completing forms

10         required for restoration of civil rights;

11         requiring that the offender acknowledge by

12         signature receipt of such assistance; amending

13         s. 944.705, F.S.; requiring the department to

14         include in its release-orientation program

15         instruction in the procedures for applying for

16         restoration of civil rights; providing an

17         effective date.

18  

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

20  

21         Section 1.  Section 940.061, Florida Statutes, is

22  amended to read:

23         940.061  Informing persons about executive clemency and

24  restoration of civil rights.--The Department of Corrections

25  shall inform and educate inmates and offenders on community

26  supervision about the restoration of civil rights and assist

27  eligible inmates and offenders on community supervision with

28  the completion of the application for the restoration of civil

29  rights. To document this notification, the department shall

30  obtain the signature of each offender before the offender's

31  

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    Florida Senate - 2004                                   SB 414
    39-541-04




 1  discharge acknowledging receipt of assistance in completing

 2  the forms.

 3         Section 2.  Section 944.293, Florida Statutes, is

 4  amended to read:

 5         944.293  Initiation of restoration of civil

 6  rights.--With respect to those persons convicted of a felony,

 7  the following procedure shall apply:  Prior to the time an

 8  offender is discharged from supervision, an authorized agent

 9  of the department shall obtain from the Governor the necessary

10  application and other forms required for the restoration of

11  civil rights.  The authorized agent shall assist the offender

12  in completing these forms and shall ensure that the

13  application and all necessary material are forwarded to the

14  Governor before the offender is discharged from supervision.

15  To document compliance with this section, before an offender

16  is discharged from supervision, the department shall obtain

17  the signature of the offender acknowledging receipt of

18  assistance in completing the forms required for restoration of

19  civil rights.

20         Section 3.  Present subsection (6) of section 944.605,

21  Florida Statutes, is redesignated as subsection (7), and a new

22  subsection (6) is added to that section, to read:

23         944.605  Inmate release; notification.--

24         (6)  Before an inmate's release, the department shall

25  notify the inmate of the procedures necessary to apply for

26  restoration of civil rights. Pursuant to ss. 944.293 and

27  940.03, the department shall obtain the signature of each

28  inmate before the inmate's release acknowledging receipt of

29  assistance in completing the forms.

30         Section 4.  Subsection (2) of section 944.705, Florida

31  Statutes, is amended to read:

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    Florida Senate - 2004                                   SB 414
    39-541-04




 1         944.705  Release orientation program.--

 2         (2)  The release orientation program instruction must

 3  include, but is not limited to:

 4         (a)  Employment skills.

 5         (b)  Money management skills.

 6         (c)  Personal development and planning.

 7         (d)  Special needs.

 8         (e)  Community reentry concerns.

 9         (f)  Community reentry support.

10         (g)  Procedures to apply for restoration of civil

11  rights.

12         (h)(g)  Any other appropriate instruction to ensure the

13  inmate's successful reentry into the community.

14         Section 5.  This act shall take effect upon becoming a

15  law.

16  

17            *****************************************

18                          SENATE SUMMARY

19    Requires the Department of Corrections to notify an
      offender, before the offender's discharge from
20    supervision, of procedures for applying for restoration
      of civil rights. Requires that the department include
21    instruction in applying for restoration of civil rights
      as part of the department's release-orientation program.
22    (See bill for details.)

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