Senate Bill sb0646

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    Florida Senate - 2005                                   SB 646

    By Senator Campbell





    32-740-05                                               See HB

  1                      A bill to be entitled

  2         An act relating to youthful offenders; amending

  3         s. 958.045, F.S.; providing for notice to state

  4         attorneys prior to placement of juvenile

  5         offenders in boot camp programs; revising

  6         sentencing provisions for juvenile offenders

  7         who violate the terms of their probation;

  8         providing an effective date.

  9  

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

11  

12         Section 1.  Section 958.045, Florida Statutes, is

13  amended to read:

14         958.045  Youthful offender basic training and boot camp

15  programs program.--

16         (1)  The department shall develop and implement a basic

17  training program for youthful offenders sentenced or

18  classified by the department as youthful offenders pursuant to

19  this chapter. The period of time to be served at the basic

20  training program shall be no less than 120 days.

21         (a)  The program shall include marching drills,

22  calisthenics, a rigid dress code, manual labor assignments,

23  physical training with obstacle courses, training in

24  decisionmaking and personal development, general education

25  development and adult basic education courses, and drug

26  counseling and other rehabilitation programs.

27         (b)  The department shall adopt rules governing the

28  administration of the youthful offender basic training

29  program, requiring that basic training participants complete a

30  structured disciplinary program, and allowing for a

31  restriction on general inmate population privileges.

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    Florida Senate - 2005                                   SB 646
    32-740-05                                               See HB




 1         (2)(a)  Upon receipt of a youthful offender offenders,

 2  the department shall screen the offender offenders for the

 3  basic training program or a boot camp program pursuant to s.

 4  985.309, when available. To participate, an offender must have

 5  no physical limitations that preclude participation in

 6  strenuous activity, must not be impaired, and must not have

 7  been previously incarcerated in a state or federal

 8  correctional facility. In screening an offender offenders for

 9  the programs basic training program, the department shall

10  consider the offender's criminal history and the possible

11  rehabilitative benefits of "shock" incarceration. For

12  placement in a boot camp program, an offender must meet the

13  criteria in s. 985.309.

14         (b)  If an offender meets the specified criteria and

15  space is available, the department shall request, in writing

16  from the sentencing court, approval for the offender to

17  participate in a the basic training or boot camp program. When

18  If the person is classified by the department as a youthful

19  offender and the department requests is requesting approval

20  from the sentencing court for placement of an offender in a

21  basic training or boot camp the program, the department shall,

22  at the same time, notify the state attorney that the offender

23  is being considered for placement in the requested basic

24  training program. The notice must explain that the purpose of

25  such placement is diversion from lengthy incarceration when a

26  short "shock" incarceration could produce the same deterrent

27  effect, and that the state attorney may, within 14 days after

28  the mailing of the notice, notify the sentencing court in

29  writing of objections, if any, to the placement of the

30  offender in the requested basic training program.

31  

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    Florida Senate - 2005                                   SB 646
    32-740-05                                               See HB




 1         (c)  The sentencing court shall notify the department

 2  in writing of placement approval no later than 21 days after

 3  receipt of the department's request for placement of the

 4  youthful offender in the requested basic training program.

 5  Failure to notify the department within 21 days shall be

 6  considered an approval by the sentencing court for placing the

 7  youthful offender in the requested basic training program.

 8  Each state attorney may develop procedures for notifying the

 9  victim that the offender is being considered for placement in

10  the basic training or boot camp program.

11         (3)  The program shall provide a short incarceration

12  period of rigorous training to offenders who require a greater

13  degree of supervision than community control or probation

14  provides. Basic training programs may be operated in secure

15  areas in or adjacent to an adult institution notwithstanding

16  s. 958.11. The program is not intended to divert offenders

17  away from probation or community control but to divert them

18  from long periods of incarceration when a short "shock"

19  incarceration could produce the same deterrent effect.

20         (4)  Upon admittance to the department, an educational

21  and substance abuse assessment shall be performed on each

22  youthful offender. Upon admittance to the basic training

23  program, each offender shall have a full substance abuse

24  assessment to determine the offender's need for substance

25  abuse treatment. The educational assessment shall be

26  accomplished through the aid of the Test of Adult Basic

27  Education or any other testing instrument approved by the

28  Department of Education, as appropriate. Each offender who has

29  not obtained a high school diploma shall be enrolled in an

30  adult education program designed to aid the offender in

31  improving his or her academic skills and earning a high school

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    Florida Senate - 2005                                   SB 646
    32-740-05                                               See HB




 1  diploma. Further assessments of the prior vocational skills

 2  and future career education shall be provided to the offender.

 3  A periodic evaluation shall be made to assess the progress of

 4  each offender, and upon completion of the basic training

 5  program the assessment and information from the department's

 6  record of each offender shall be transferred to the

 7  appropriate community residential program.

 8         (5)(a)  If an offender in the basic training program

 9  becomes unmanageable, the department may revoke the offender's

10  gain-time and place the offender in disciplinary confinement

11  for up to 30 days. Upon completion of the disciplinary

12  process, the offender shall be readmitted to the basic

13  training program, except for an offender who has committed or

14  threatened to commit a violent act. If the offender is

15  terminated from the program, the department may place the

16  offender in the general population to complete the remainder

17  of the offender's sentence. Any period of time in which the

18  offender is unable to participate in the basic training

19  activities may be excluded from the specified time

20  requirements in the program.

21         (b)  If the offender is unable to participate in the

22  basic training activities due to medical reasons, certified

23  medical personnel shall examine the offender and shall consult

24  with the basic training program director concerning the

25  offender's termination from the program.

26         (c)  The portion of the sentence served prior to

27  placement in the basic training program may not be counted

28  toward program completion. Upon the offender's completion of

29  the basic training program, the department shall submit a

30  report to the court that describes the offender's performance.

31  If the offender's performance has been satisfactory, the court

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    Florida Senate - 2005                                   SB 646
    32-740-05                                               See HB




 1  shall issue an order modifying the sentence imposed and

 2  placing the offender on probation. The term of probation may

 3  include placement in a community residential program. If the

 4  offender violates the conditions of probation, the court may

 5  revoke probation and impose any sentence that it might have

 6  originally imposed as a condition of probation.

 7         (6)(a)  Upon completing the basic training program, an

 8  offender shall be transferred to a community residential

 9  program and reside there for a term designated by department

10  rule. If the basic training program director determines that

11  the offender is not suitable for the community residential

12  program but is suitable for an alternative postrelease program

13  or release plan, within 30 days prior to program completion

14  the department shall evaluate the offender's needs and

15  determine an alternative postrelease program or plan. The

16  department's consideration shall include, but not be limited

17  to, the offender's employment, residence, family situation,

18  and probation or postrelease supervision obligations. Upon the

19  approval of the department, the offender shall be released to

20  an alternative postrelease program or plan.

21         (b)  While in the community residential program, as

22  appropriate, the offender shall engage in gainful employment,

23  and if any, shall pay restitution to the victim. If

24  appropriate, the offender may enroll in substance abuse

25  counseling, and if suitable, shall enroll in a general

26  education development or adult basic education class for the

27  purpose of attaining a high school diploma. Upon release from

28  the community residential program, the offender shall remain

29  on probation, or other postrelease supervision, and abide by

30  the conditions of the offender's probation or postrelease

31  supervision. If, upon transfer from the community residential

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    Florida Senate - 2005                                   SB 646
    32-740-05                                               See HB




 1  program, the offender has not completed the enrolled

 2  educational program, the offender shall continue the

 3  educational program until completed. If the offender fails to

 4  complete the program, the department may request the court or

 5  the control release authority to execute an order returning

 6  the offender back to the community residential program until

 7  completion of the program.

 8         (7)  The department shall implement the basic training

 9  program to the fullest extent feasible within the provisions

10  of this section.

11         (8)(a)  The Assistant Secretary for Youthful Offenders

12  shall continuously screen all institutions, facilities, and

13  programs for any inmate who meets the eligibility requirements

14  for youthful offender designation specified in s. 958.04,

15  whose age does not exceed 24 years. The department may

16  classify and assign as a youthful offender any inmate who

17  meets the criteria of s. 958.04.

18         (b)  A youthful offender who is designated as such by

19  the department and assigned to the basic training program must

20  be eligible for control release pursuant to s. 947.146.

21         (c)  The department shall work cooperatively with the

22  Control Release Authority or the Parole Commission to effect

23  the release of an offender who has successfully completed the

24  requirements of the basic training program.

25         (d)  Upon an offender's completion of the basic

26  training program, the department shall submit a report to the

27  releasing authority that describes the offender's performance.

28  If the performance has been satisfactory, the release

29  authority shall establish a release date that is within 30

30  days following program completion. As a condition of release,

31  the offender shall be placed in a community residential

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    Florida Senate - 2005                                   SB 646
    32-740-05                                               See HB




 1  program as provided in this section or on community

 2  supervision as provided in chapter 947, and shall be subject

 3  to the conditions established therefor.

 4         (9)  Upon commencement of the community residential

 5  program, the department shall submit annual reports to the

 6  Governor, the President of the Senate, and the Speaker of the

 7  House of Representatives detailing the extent of

 8  implementation of the basic training program and the community

 9  residential program, and outlining future goals and any

10  recommendation the department has for future legislative

11  action.

12         (10)  Due to serious and violent crime, the Legislature

13  declares the construction of a basic training facility is

14  necessary to aid in alleviating an emergency situation.

15         (11)  The department shall provide a special training

16  program for staff selected for the basic training program.

17         (12)  The department may develop performance-based

18  contracts with qualified individuals, agencies, or

19  corporations for the provision of any or all of the youthful

20  offender programs.

21         (13)  An offender in the basic training program is

22  subject to rules of conduct established by the department and

23  may have sanctions imposed, including loss of privileges,

24  restrictions, disciplinary confinement, alteration of release

25  plans, or other program modifications in keeping with the

26  nature and gravity of the program violation. Administrative or

27  protective confinement, as necessary, may be imposed.

28         (14)  The department may establish a system of

29  incentives within the basic training program which the

30  department may use to promote participation in rehabilitative

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    Florida Senate - 2005                                   SB 646
    32-740-05                                               See HB




 1  programs and the orderly operation of institutions and

 2  facilities.

 3         (15)  The department shall develop a system for

 4  tracking recidivism, including, but not limited to, rearrests

 5  and recommitment of youthful offenders, and shall report on

 6  that system in its annual reports of the programs.

 7         Section 2.  This act shall take effect July 1, 2005.

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