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