| 1 | The Criminal Justice Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to inmate substance abuse services; |
| 7 | creating s. 397.755, F.S.; directing the Department of |
| 8 | Corrections to create a substance abuse reentry program; |
| 9 | providing eligibility criteria for the program; requiring |
| 10 | judicial approval for entry to the program; requiring |
| 11 | specified notice; providing a time limit for the judge to |
| 12 | respond; directing the department to prepare a postrelease |
| 13 | treatment plan; requiring the department to notify the |
| 14 | judge before releasing the inmate into the community; |
| 15 | requiring the inmate to abide by the order of supervision |
| 16 | and the rules of the department; directing the department |
| 17 | to provide special training to employees working in the |
| 18 | program; authorizing the department to develop |
| 19 | performance-based contracts to supply services to the |
| 20 | program; permitting the department to establish a system |
| 21 | of incentives to promote participation in rehabilitative |
| 22 | programs; providing that this act does not confer any |
| 23 | right to placement in the substance abuse reentry program; |
| 24 | directing the department to track recidivism and |
| 25 | recommitment of inmates who have participated in the |
| 26 | program; requiring a report to the Governor and |
| 27 | Legislature; requiring a review and report by the Office |
| 28 | of Program Policy Analysis and Government Accountability; |
| 29 | authorizing rulemaking; providing an effective date. |
| 30 |
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| 31 | Be It Enacted by the Legislature of the State of Florida: |
| 32 |
|
| 33 | Section 1. Section 397.755, Florida Statutes, is created |
| 34 | to read: |
| 35 | 397.755 Substance abuse reentry program.-- |
| 36 | (1) DEPARTMENT TO DEVELOP PROGRAM.--The department shall |
| 37 | develop and implement a substance abuse reentry program for |
| 38 | inmates. The program shall provide a mechanism by which an |
| 39 | eligible, nonviolent, low-risk inmate who poses a minimal |
| 40 | foreseeable risk to the public and who has been identified as |
| 41 | being in need of substance abuse treatment may be diverted into |
| 42 | a substance abuse reentry program. The substance abuse reentry |
| 43 | program shall consist of a prison-based substance abuse |
| 44 | treatment program and a community-based aftercare treatment |
| 45 | program. The substance abuse reentry program must be |
| 46 | specifically designed to be intensive and may have a work- |
| 47 | release component as part of the program. The in-prison |
| 48 | component may be operated in secure areas in or adjacent to an |
| 49 | adult institution, a community residential center, or a work- |
| 50 | release center. |
| 51 | (2) PRELIMINARY ELIGIBILITY.--The department shall screen |
| 52 | all incoming inmates to determine their eligibility for the |
| 53 | substance abuse reentry program and shall continuously screen |
| 54 | all inmates incarcerated in department institutions and |
| 55 | facilities for eligibility to participate in the substance abuse |
| 56 | reentry program. A sentencing court may recommend to the |
| 57 | department that an inmate be considered for admission to the |
| 58 | reentry program. When screening for inclusion in the substance |
| 59 | abuse reentry program, the department may consider the inmate's |
| 60 | criminal history, need for substance abuse treatment, general |
| 61 | rehabilitative interests, and potential risk to the public. The |
| 62 | department may also consider the operational needs of the |
| 63 | department and the victim's comments. |
| 64 | (a) An inmate is ineligible for consideration for |
| 65 | placement in the program if: |
| 66 | 1. The inmate was sentenced to a term of 10 years or more; |
| 67 | 2. The inmate has less than 18 months remaining in his or |
| 68 | her sentence; |
| 69 | 3. The inmate has twice before been incarcerated in state |
| 70 | or federal prison; or |
| 71 | 4. Whether related to the current term of incarceration, |
| 72 | or a previous term of incarceration, the inmate was convicted of |
| 73 | or pled guilty or no contest to: |
| 74 | a. Any capital, life, or first degree felony; |
| 75 | b. Any second or third degree felony offense listed in s. |
| 76 | 775.084(1)(c)1.; |
| 77 | c. Any offense listed in s. 784.07, s. 784.021, s. 800.04, |
| 78 | s. 827.03, or s. 843.01; |
| 79 | d. Any offense where the sentence was enhanced pursuant to |
| 80 | s. 775.087; or |
| 81 | e. Any offense in another jurisdiction that would be an |
| 82 | offense described in sub-subparagraphs a.-c., or that would have |
| 83 | been enhanced pursuant s. 775.087, if that offense had been |
| 84 | committed in this state. |
| 85 | (b) An inmate is eligible for consideration for placement |
| 86 | in the program if: |
| 87 | 1. The inmate is not ineligible pursuant to paragraph (a). |
| 88 | 2. The inmate is in need of substance abuse treatment. |
| 89 | 3. The inmate agrees to participate in the program. |
| 90 | 4. The department has placed the inmate in minimum or |
| 91 | community custody status. |
| 92 | 5. The inmate otherwise meets the criteria for placement |
| 93 | as determined by the department. The criteria shall include, but |
| 94 | not be limited to, consideration of the inmate's criminal |
| 95 | history, need for substance abuse treatment, general |
| 96 | rehabilitative interests, potential risk to the public, and the |
| 97 | operational needs of the department. |
| 98 | (3) ADMISSION INTO PROGRAM.--No inmate shall be admitted |
| 99 | into the substance abuse reentry program without written |
| 100 | approval of the sentencing court. |
| 101 | (a) If an inmate meets the criteria for program admission, |
| 102 | the department approves the inmate for entry into the program, |
| 103 | and space is available, the department shall give written |
| 104 | notification to the sentencing court, state attorney, counsel |
| 105 | for the inmate, and any victim of the department's desire to |
| 106 | admit the inmate into the program. The notice must set forth the |
| 107 | time limits of this section. The state attorney and any victim |
| 108 | may provide the sentencing court with written comments regarding |
| 109 | the inmate's placement in the program, which comments must be |
| 110 | received by the court on or before 20 days after the |
| 111 | department's intent was mailed. |
| 112 | (b) After consideration of comments, if any, by the state |
| 113 | attorney and any victim, the sentencing court shall notify the |
| 114 | department of the court's approval of the inmate's admission |
| 115 | into the program within 30 days after the department's intent |
| 116 | was mailed. Alternatively, the court may, within the 30-day |
| 117 | period, set a hearing on the matter. At the hearing, the court |
| 118 | may examine and admonish the inmate and may inquire of the |
| 119 | department, the state attorney, and the victim. Within 5 days |
| 120 | after the hearing, the court shall determine whether to allow |
| 121 | the inmate to enter the program. |
| 122 | (c) If the court fails to either approve the inmate's |
| 123 | admission into the program or to set a hearing within the 30-day |
| 124 | time period, the court will be deemed to have rejected the |
| 125 | inmate for participation in the program. Admission into the |
| 126 | program is not a right, it is a matter of grace; accordingly, a |
| 127 | sentencing court may refuse to agree to admission to the program |
| 128 | for any reason, and a court's refusal to agree to admission to |
| 129 | the program may not be challenged or appealed. |
| 130 | (4) PROCEDURE UPON ADMISSION TO PROGRAM; IN-PRISON |
| 131 | TREATMENT.--If an inmate is approved by the sentencing court for |
| 132 | admission in the program, the department shall commence an in- |
| 133 | prison treatment component. Before the inmate completes the in- |
| 134 | prison treatment component, the department shall evaluate the |
| 135 | inmate's needs and develop a postrelease treatment plan that |
| 136 | includes substance abuse aftercare services. If, after placement |
| 137 | in the reentry program, the inmate appears unable to participate |
| 138 | due to medical or other reasons, he or she must be examined by |
| 139 | qualified medical personnel or qualified nonmedical personnel |
| 140 | appropriate for the inmate's situation, as determined by the |
| 141 | department. The qualified personnel shall consult with the |
| 142 | director of the substance abuse reentry program, and the |
| 143 | director shall determine if the inmate may continue with |
| 144 | treatment or if the inmate must be discharged from the program. |
| 145 | An inmate in the substance abuse reentry program is subject to |
| 146 | the rules of conduct established by the department and may have |
| 147 | sanctions imposed, including loss of privileges, restrictions, |
| 148 | disciplinary confinement, forfeiture of gain-time or the right |
| 149 | to earn gain-time in the future, alteration of release plans, |
| 150 | termination from the substance abuse reentry program, or other |
| 151 | program modifications in keeping with the nature and gravity of |
| 152 | the program violation. The department may place an inmate in the |
| 153 | substance abuse reentry program in an administrative or |
| 154 | protective confinement, as necessary. If the inmate does not |
| 155 | successfully complete the in-prison treatment program, the |
| 156 | department shall notify the sentencing court. |
| 157 | (5) PROCEDURE UPON COMPLETION OF THE IN-PRISON TREATMENT |
| 158 | COMPONENT.--Following completion of the in-prison treatment |
| 159 | component, the inmate shall be brought before the sentencing |
| 160 | court for conversion of the remainder of the inmate's prison |
| 161 | sentence to drug offender probation. |
| 162 | (a) While in the community, the inmate shall be subject to |
| 163 | all standard terms of drug offender probation, plus any special |
| 164 | conditions of supervision ordered by the court, including |
| 165 | participation in an aftercare substance abuse program, residence |
| 166 | in a postrelease transitional residential halfway house, or any |
| 167 | other appropriate form of supervision or treatment. |
| 168 | (b) If the sentencing county has established a drug court, |
| 169 | and if the drug court will accept the case, the inmate's case |
| 170 | shall be transferred to a drug court or reentry drug court. |
| 171 | Where transferred, the drug court judge shall be deemed the |
| 172 | sentencing judge for purposes of this section, and the drug |
| 173 | court shall be responsible for collecting the cost of |
| 174 | supervision from the inmate. |
| 175 | (c) An inmate on drug offender probation, or drug court |
| 176 | supervision pursuant to this section, shall comply with all |
| 177 | conditions of supervision imposed by the modified sentencing |
| 178 | order and shall comply with all orders of the drug court. |
| 179 | Violation of any condition or order may result in revocation of |
| 180 | supervision by the court and imposition of any sentence |
| 181 | authorized under the law. |
| 182 | (d) While on drug offender probation or drug court |
| 183 | supervision, the inmate shall pay the cost of supervision to the |
| 184 | state or the drug court, as appropriate. An inmate who is |
| 185 | financially able to shall also pay all costs of drug |
| 186 | rehabilitation and treatment. The court may impose on the inmate |
| 187 | additional conditions requiring payment of restitution, court |
| 188 | costs, and fines; public service; and compliance with other |
| 189 | special conditions. |
| 190 | (6) DUTIES OF THE DEPARTMENT.--The department shall |
| 191 | implement the substance abuse reentry program to the fullest |
| 192 | extent feasible within the terms of this section and available |
| 193 | resources. The department shall provide a special training |
| 194 | program for staff members selected to serve in the substance |
| 195 | abuse reentry program. |
| 196 | (7) CONTRACTORS.--The department may develop and enter |
| 197 | into performance-based contracts with qualified individuals, |
| 198 | agencies, or corporations to supply any or all services provided |
| 199 | in the substance abuse reentry program. However, no contract |
| 200 | shall be entered into or renewed unless the contract offers a |
| 201 | substantial savings to the department. The department may |
| 202 | establish a system of incentives within the substance abuse |
| 203 | reentry program to promote participation in rehabilitative |
| 204 | programs and the orderly operation of institutions and |
| 205 | facilities. |
| 206 | (8) NO RIGHTS CONFERRED UPON INMATES.--This section does |
| 207 | not create or confer any right to any inmate to placement in the |
| 208 | substance abuse reentry program or any right to placement or |
| 209 | early release under supervision of any type. No inmate shall |
| 210 | have a cause of action against the department, a court, the |
| 211 | state attorney, or a victim related to the substance abuse |
| 212 | reentry program. |
| 213 | (9) REPORTING.-- |
| 214 | (a) The department shall develop a computerized system to |
| 215 | track recidivism and recommitment of inmates who have |
| 216 | participated in the substance abuse reentry program. Commencing |
| 217 | October 1, 2007, and on October 1 of each succeeding year, the |
| 218 | department shall submit an annual report of the results of the |
| 219 | collected data to the Governor, the President of the Senate, and |
| 220 | the Speaker of the House of Representatives. |
| 221 | (b) The Office of Program Policy Analysis and Government |
| 222 | Accountability shall review the substance abuse reentry program |
| 223 | and report its findings to the President of the Senate and the |
| 224 | Speaker of the House of Representatives before the commencement |
| 225 | of the 2009 legislative session. |
| 226 | (10) RULEMAKING.--The department may adopt rules pursuant |
| 227 | to ss. 120.536(1) and 120.54 to implement this section and to |
| 228 | administer the substance abuse reentry program. |
| 229 | Section 2. This act shall take effect July 1, 2005. |