Amendment
Bill No. 5017

Amendment No. 120399

CHAMBER ACTION
Senate		House
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1	Representative Richardson offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Subsection (1) of section 921.187, Florida
6	Statutes, is amended to read:
7	921.187  Disposition and sentencing; alternatives;
8	restitution.--
9	(1)  The alternatives provided in this section for the
10	disposition of criminal cases shall be used in a manner that
11	will best serve the needs of society, punish criminal offenders,
12	and provide the opportunity for rehabilitation.
13	(a)  If the offender does not receive a state prison
14	sentence, the court may:
15	1.  Impose a split sentence whereby the offender is to be
16	placed on probation upon completion of any specified period of
17	such sentence, which period may include a term of years or less.
18	2.  Make any other disposition that is authorized by law.
19	3.  Place the offender on probation with or without an
20	adjudication of guilt pursuant to s. 948.01.
21	4.  Impose a fine and probation pursuant to s. 948.011 when
22	the offense is punishable by both a fine and imprisonment and
23	probation is authorized.
24	5.  Place the offender into community control requiring
25	intensive supervision and surveillance pursuant to chapter 948.
26	6.  Impose, as a condition of probation or community
27	control, a period of treatment which shall be restricted to a
28	county facility, a Department of Corrections probation and
29	restitution center, a probation program drug punishment
30	treatment community, or a community residential or
31	nonresidential facility, excluding a community correctional
32	center as defined in s. 944.026, which is owned and operated by
33	any qualified public or private entity providing such services.
34	Before admission to such a facility, the court shall obtain an
35	individual assessment and recommendations on the appropriate
36	treatment needs, which shall be considered by the court in
37	ordering such placements. Placement in such a facility, except
38	for a county residential probation facility, may not exceed 364
39	days. Placement in a county residential probation facility may
40	not exceed 3 years. Early termination of placement may be
41	recommended to the court, when appropriate, by the center
42	supervisor, the supervising probation officer, or the probation
43	program manager.
44	7.  Sentence the offender pursuant to s. 922.051 to
45	imprisonment in a county jail when a statute directs
46	imprisonment in a state prison, if the offender's cumulative
47	sentence, whether from the same circuit or from separate
48	circuits, is not more than 364 days.
49	8.  Sentence the offender who is to be punished by
50	imprisonment in a county jail to a jail in another county if
51	there is no jail within the county suitable for such prisoner
52	pursuant to s. 950.01.
53	9.  Require the offender to participate in a work-release
54	or educational or technical training program pursuant to s.
55	951.24 while serving a sentence in a county jail, if such a
56	program is available.
57	10.  Require the offender to perform a specified public
58	service pursuant to s. 775.091.
59	11.  Require the offender who violates chapter 893 or
60	violates any law while under the influence of a controlled
61	substance or alcohol to participate in a substance abuse
62	program.
63	12.a.  Require the offender who violates any criminal
64	provision of chapter 893 to pay an additional assessment in an
65	amount up to the amount of any fine imposed, pursuant to ss.
66	938.21 and 938.23.
67	b.  Require the offender who violates any provision of s.
68	893.13 to pay an additional assessment in an amount of $100,
69	pursuant to ss. 938.25 and 943.361.
70	13.  Impose a split sentence whereby the offender is to be
71	placed in a county jail or county work camp upon the completion
72	of any specified term of community supervision.
73	14.  Impose split probation whereby upon satisfactory
74	completion of half the term of probation, the Department of
75	Corrections may place the offender on administrative probation
76	pursuant to s. 948.013 for the remainder of the term of
77	supervision.
78	15.  Require residence in a state probation and restitution
79	center or private drug treatment program for offenders on
80	community control or offenders who have violated conditions of
81	probation.
82	16.  Impose any other sanction which is provided within the
83	community and approved as an intermediate sanction by the county
84	public safety coordinating council as described in s. 951.26.
85	17.  Impose, as a condition of community control,
86	probation, or probation following incarceration, a requirement
87	that an offender who has not obtained a high school diploma or
88	high school equivalency diploma or who lacks basic or functional
89	literacy skills, upon acceptance by an adult education program,
90	make a good faith effort toward completion of such basic or
91	functional literacy skills or high school equivalency diploma,
92	as defined in s. 1003.435, in accordance with the assessed adult
93	general education needs of the individual offender.
94	(b)1.  Notwithstanding any provision of former s. 921.001
95	or s. 921.002 to the contrary, on or after October 1, 1993, the
96	court may require any defendant who violates s. 893.13(1)(a)1.,
97	(1)(c)2., (1)(d)2., (2)(a)1., or (5)(a), and meets the criteria
98	described in s. 893.13(10), to successfully complete a term of
99	probation pursuant to the terms and conditions set forth in s.
100	948.034(1), in lieu of serving a term of imprisonment.
101	2.  Notwithstanding any provision of former s. 921.001 or
102	s. 921.002 to the contrary, on or after October 1, 1993, the
103	court may require any defendant who violates s. 893.13(1)(a)2.,
104	(2)(a)2., (5)(b), or (6)(a), and meets the criteria described in
105	s. 893.13(11), to successfully complete a term of probation
106	pursuant to the terms and conditions set forth in s. 948.034(2),
107	in lieu of serving a term of imprisonment.
108	Section 2.  Paragraph (c) of subsection (1) and subsections
109	(2) and (3) of section 944.026, Florida Statutes, are amended to
110	read:
111	944.026  Community-based facilities and programs.--
112	(1)  In addition to those facilities and services described
113	elsewhere in this chapter, the department shall develop,
114	provide, or contract for a statewide system of community-based
115	facilities, services, and programs dealing with the
116	rehabilitation of offenders, which shall include, but not be
117	limited to:
118	(c)  A system of probation and restitution centers
119	throughout the state whereby probationers, drug offender
120	probationers, and community controllees who have violated their
121	terms or conditions, and whose presumptive sentence exceeds 22
122	months, may be required to reside while working, receiving
123	treatment, or attending school, or for persons on probation,
124	drug offender probation, or community control who may be
125	required to attend outpatient substance abuse counseling and
126	whereby inmates may be placed who are nearing their date of
127	release from a correctional institution or a community
128	correctional center, who are in need of placement in a substance
129	abuse transition housing program, and who are considered
130	eligible for such placement by the department. The purpose of
131	these facilities and services is to provide the court with an
132	alternative to committing offenders to more secure state
133	correctional institutions and to assist in the supervision of
134	probationers, drug offender probationers, and community
135	controllees and to provide the department transitional-housing
136	beds to assist inmates released into the community.
137	(2)  Notwithstanding any other law, the department shall
138	ensure that at least 400 of its contracted beds in nonsecure
139	community-based residential substance abuse treatment facilities
140	authorized under subparagraph (1)(b)1. or probation and
141	restitution centers authorized under paragraph (1)(c) are
142	designated for transition assistance for inmates who are nearing
143	their date of release from a correctional institution or a
144	community correctional center. These designated beds shall be
145	provided by private organizations that do not have a faith
146	component and that are under contract with the department. In
147	making placement decisions, the department and the contract
148	providers shall give priority consideration to those inmates who
149	are nearing their date of release and who are to be placed in
150	some form of postrelease community supervision. However, if an
151	inmate whose sentence expires upon his or her release from a
152	correctional institution or a community correction center and
153	for whom community supervision is not required demonstrates the
154	need for or interest in and suitability for transition-housing
155	assistance, as determined by the department, the inmate is
156	eligible to be considered for placement in transition housing. A
157	right to substance abuse program services is not stated,
158	intended, or otherwise implied by this subsection.
159	(3)(a)  The department shall develop and implement
160	procedures to diagnose offenders prior to sentencing, for the
161	purpose of recommending to the sentencing court suitable
162	candidates for placement in a community-based residential drug
163	treatment facility or probation and restitution center as
164	provided in this section. The department shall also develop and
165	implement procedures to properly identify inmates prior to
166	release who demonstrate the need for or interest in and
167	suitability for placement in a community-based substance abuse
168	transition housing program as provided in this section and
169	pursuant to ss. 944.4731 and 944.704.
170	(b)  Pretrial intervention programs in appropriate counties
171	to provide early counseling and supervision services to
172	specified offenders as provided in s. 948.08.
173	Section 3.  Section 944.8041, Florida Statutes, is amended
174	to read:
175	944.8041  Elderly offenders; annual review.--For the
176	purpose of providing information to the Legislature on elderly
177	offenders within the correctional system, the department Florida
178	Corrections Commission and the Correctional Medical Authority
179	shall each submit annually a report on the status and treatment
180	of elderly offenders in the state-administered and private state
181	correctional systems, as well as such information on the River
182	Junction Correctional Institution. In order to adequately
183	prepare the reports, the Department of Corrections and the
184	Department of Management Services shall grant access to the
185	Florida Corrections Commission and the Correctional Medical
186	Authority which includes access to the facilities, offenders,
187	and any information the agencies require to complete their
188	reports. The review shall also include an examination of
189	promising geriatric policies, practices, and programs currently
190	implemented in other correctional systems within the United
191	States. The reports, with specific findings and recommendations
192	for implementation, shall be submitted to the President of the
193	Senate and the Speaker of the House of Representatives on or
194	before December 31 of each year.
195	Section 4.  Paragraphs (d), (e), and (f) of subsection (1)
196	of section 945.025, Florida Statutes, are amended to read:
197	945.025  Jurisdiction of department.--
198	(1)  The Department of Corrections shall have supervisory
199	and protective care, custody, and control of the inmates,
200	buildings, grounds, property, and all other matters pertaining
201	to the following facilities and programs for the imprisonment,
202	correction, and rehabilitation of adult offenders:
203	(d)  Department of Corrections Probation and Restitution
204	Center;
205	(e)  Department of Corrections community correctional
206	centers; and
207	(e)(f)  Department of Corrections vocational centers.
208	Section 5.  Subsection (2) of section 948.03, Florida
209	Statutes, is amended to read:
210	948.03  Terms and conditions of probation.--
211	(2)  The enumeration of specific kinds of terms and
212	conditions shall not prevent the court from adding thereto such
213	other or others as it considers proper. However, the sentencing
214	court may only impose a condition of supervision allowing an
215	offender convicted of s. 794.011, s. 800.04, s. 827.071, or s.
216	847.0145, to reside in another state, if the order stipulates
217	that it is contingent upon the approval of the receiving state
218	interstate compact authority. The court may rescind or modify at
219	any time the terms and conditions theretofore imposed by it upon
220	the probationer. However, if the court withholds adjudication of
221	guilt or imposes a period of incarceration as a condition of
222	probation, the period shall not exceed 364 days, and
223	incarceration shall be restricted to either a county facility, a
224	probation and restitution center under the jurisdiction of the
225	Department of Corrections, a probation program drug punishment
226	phase I secure residential treatment institution, or a community
227	residential facility owned or operated by any entity providing
228	such services.
229	Section 6.  Subsection (1) of section 948.035, Florida
230	Statutes, is amended to read:
231	948.035  Residential treatment as a condition of probation
232	or community control.--
233	(1)  If the court imposes a period of residential treatment
234	or incarceration as a condition of probation or community
235	control, the residential treatment or incarceration shall be
236	restricted to the following facilities:
237	(a)  A Department of Corrections probation and restitution
238	center;
239	(b)  A probation program drug punishment treatment
240	community;
241	(b)(c)  A community residential facility which is owned and
242	operated by any public or private entity, excluding a community
243	correctional center as defined in s. 944.026; or
244	(c)(d)  A county-owned facility.
245	Section 7.  Subsections (1) and (8) of section 948.08,
246	Florida Statutes, are amended, and subsection (9) is added to
247	that section, to read:
248	948.08  Pretrial intervention program.--
249	(1)  At its discretion, each county may operate and The
250	department shall supervise pretrial intervention programs for
251	persons charged with a crime, before or after any information
252	has been filed or an indictment has been returned in the circuit
253	court. Such programs shall provide appropriate counseling,
254	education, supervision, and medical and psychological treatment
255	as available and when appropriate for the persons released to
256	such programs. Effective July 1, 2007, the department shall no
257	longer be responsible for the supervision of pretrial
258	intervention programs, including the supervision of offenders in
259	pretrial intervention programs.
260	(8)  The county department may contract for the services
261	and facilities necessary to operate pretrial intervention
262	programs.
263	(9)  The Department of Corrections shall no longer
264	supervise offenders under pretrial intervention supervision
265	effective July 1, 2007, but the county may supervise such
266	offenders if the county elects to continue a pretrial
267	supervision program or may be referred to the State Attorney's
268	Office for further consideration.
269	Section 8.  Subsection (2) of section 948.101, Florida
270	Statutes, is amended to read:
271	948.101  Terms and conditions of community control and
272	criminal quarantine community control.--
273	(2)  The enumeration of specific kinds of terms and
274	conditions does not prevent the court from adding thereto any
275	other terms or conditions that the court considers proper.
276	However, the sentencing court may only impose a condition of
277	supervision allowing an offender convicted of s. 794.011, s.
278	800.04, s. 827.071, or s. 847.0145 to reside in another state if
279	the order stipulates that it is contingent upon the approval of
280	the receiving state interstate compact authority. The court may
281	rescind or modify at any time the terms and conditions
282	theretofore imposed by it upon the offender in community
283	control. However, if the court withholds adjudication of guilt
284	or imposes a period of incarceration as a condition of community
285	control, the period may not exceed 364 days, and incarceration
286	shall be restricted to a county facility, a probation and
287	restitution center under the jurisdiction of the Department of
288	Corrections, a probation program drug punishment phase I secure
289	residential treatment institution, or a community residential
290	facility owned or operated by any entity providing such
291	services.
292	Section 9.  Paragraph (b) of subsection (4) of section
293	948.51, Florida Statutes, is amended to read:
294	948.51  Community corrections assistance to counties or
295	county consortiums.--
296	(4)  PURPOSES OF COMMUNITY CORRECTIONS FUNDS.--
297	(b)  Programs, services, and facilities that may be funded
298	under this section include, but are not limited to:
299	1.  Programs providing pretrial services.
300	2.  Specialized divisions within the circuit or county
301	court established for the purpose of hearing specific types of
302	cases, such as drug cases or domestic violence cases.
303	3.  Work camps.
304	4.  Programs providing intensive probation supervision.
305	5.  Military-style boot camps.
306	6.  Work-release facilities.
307	7.  Centers to which offenders report during the day.
308	8.  Restitution centers.
309	9.  Inpatient or outpatient programs for substance abuse
310	treatment and counseling.
311	9.10.  Vocational and educational programs.
312	Section 10.  Subsections (3), (4), and (5) of section
313	951.231, Florida Statutes, are amended to read:
314	951.231  County residential probation program.--
315	(3)  A local government having an existing Department of
316	Corrections probation and restitution center within its
317	boundaries with current available capacity may contract with the
318	Department of Corrections to house prisoners sentenced in
319	accordance with s. 921.18.
320	(4)  A local government having an existing Department of
321	Corrections probation and restitution center within its
322	boundaries without current available capacity, or a local
323	government not having an existing Department of Corrections
324	probation and restitution center within its boundaries, may
325	provide facilities either through construction, purchase, or
326	lease of new facilities or purchase, renovation, or lease of
327	existing facilities.
328	(4)(5)  Local governments participating in this program may
329	apply to the Department of Corrections for funding. The
330	department shall allocate the funding for this program to the
331	extent authorized in the General Appropriations Act.
332	Section 11.  Paragraph (e) of subsection (1) of section
333	957.04, Florida Statutes, is amended to read:
334	957.04  Contract requirements.--
335	(1)  A contract entered into under this chapter for the
336	operation of private correctional facilities shall maximize the
337	cost savings of such facilities and shall:
338	(e)  Establish operations standards for correctional
339	facilities subject to the contract. However, if the department
340	and the contractor disagree with an operations standard, the
341	contractor may propose to waive any rule, policy, or procedure
342	of the department related to the operations standards of
343	correctional facilities which is inconsistent with the mission
344	of the contractor to establish cost-effective, privately
345	operated correctional facilities. The Department of Management
346	Services Florida Corrections Commission shall be responsible for
347	considering all proposals from the contractor to waive any rule,
348	policy, or procedure and shall render a final decision granting
349	or denying such request.
350	Section 12.  Subsection (5) of section 957.07, Florida
351	Statutes, is amended to read:
352	957.07  Cost-saving requirements.--
353	(5)(a)  At the request of the Speaker of the House of
354	Representatives or the President of the Senate By February 1
355	each year, the Prison Per-Diem Workgroup shall develop consensus
356	per diem rates for use by the Legislature to be used when
357	determining per diem rates of privately operated prisons. The
358	Office of Program Policy Analysis and Government Accountability,
359	the Office of the Auditor General, and the staffs of the
360	appropriations committees of both the Senate and the House of
361	Representatives are the principals of the workgroup. The
362	workgroup may consult with other experts to assist in the
363	development of the consensus per diem rates. All meetings of the
364	workgroup shall be open to the public as provided in chapter
365	286.
366	(b)  When developing the consensus per diem rates, the
367	workgroup must:
368	1.  Use data provided by the Department of Corrections from
369	the most recent fiscal year to determine per diem costs for the
370	following activities:
371	a.  Custody and control;
372	b.  Health services;
373	c.  Substance abuse programs; and
374	d.  Educational programs;
375	2.  Include the cost of departmental, regional,
376	institutional, and program administration and any other fixed
377	costs of the department;
378	3.  Calculate average per diem rates for the following
379	offender populations: adult male, youthful offender male, and
380	female; and
381	4.  Make per diem adjustments, as appropriate, to account
382	for variations in size and location of correctional facilities.
383	(c)  It is the intent of the Legislature that The consensus
384	per diem rates determined by the workgroup may shall be used to
385	assist the Legislature in determining determine the level of
386	funding provided to privately operated prisons to meet the,
387	which must reflect at least a 7-percent savings required of
388	private prisons by this chapter when compared to the Department
389	of Corrections.
390	(d)  If a private vendor chooses not to renew the contract
391	at the appropriated level, the Department of Management Services
392	shall terminate the contract as provided in s. 957.14.
393	(e)  This subsection supersedes the proviso language
394	immediately following Specific Appropriation 570 in the
395	Conference Report on CS for SB 2-C.
396	Section 13.  Paragraphs (b) and (c) of subsection (2) of
397	section 958.04, Florida Statutes, are amended to read:
398	958.04  Judicial disposition of youthful offenders.--
399	(2)  In lieu of other criminal penalties authorized by law
400	and notwithstanding any imposition of consecutive sentences, the
401	court shall dispose of the criminal case as follows:
402	(b)  The court may impose a period of incarceration as a
403	condition of probation or community control, which period of
404	incarceration shall be served in either a county facility, a
405	department probation and restitution center, or a community
406	residential facility which is owned and operated by any public
407	or private entity providing such services. No youthful offender
408	may be required to serve a period of incarceration in a
409	community correctional center as defined in s. 944.026.
410	Admission to a department facility or center shall be contingent
411	upon the availability of bed space and shall take into account
412	the purpose and function of such facility or center. Placement
413	in such a facility or center shall not exceed 364 days.
414	(c)  The court may impose a split sentence whereby the
415	youthful offender is to be placed on probation or community
416	control upon completion of any specified period of
417	incarceration; however, if the incarceration period is to be
418	served in a department facility other than a probation and
419	restitution center or community residential facility, such
420	period shall be for not less than 1 year or more than 4 years.
421	The period of probation or community control shall commence
422	immediately upon the release of the youthful offender from
423	incarceration. The period of incarceration imposed or served and
424	the period of probation or community control, when added
425	together, shall not exceed 6 years.
426	Section 14.  This act shall take effect July 1, 2006.
427
428	======= T I T L E  A M E N D M E N T ==========
429	Remove the entire title and insert:
430	A bill to be entitled
431	An act relating to corrections; amending s. 921.187, F.S.;
432	deleting a provision authorizing probation and restitution
433	centers as a sentencing option; amending s. 944.026, F.S.;
434	deleting the Department of Corrections' responsibilities
435	and authority regarding probation and restitution centers;
436	deleting the department's responsibilities and authority
437	regarding pretrial intervention; amending s. 944.8041,
438	F.S.; requiring the Department of Corrections, in lieu of
439	the commission, to submit an annual report on certain
440	elderly offenders; amending s. 945.025, F.S.; revising the
441	jurisdiction of the Department of Corrections; amending s.
442	948.03, F.S.; deleting a provision authorizing probation
443	and restitution centers as an option for incarceration as
444	a condition of probation; amending s. 948.035, F.S.;
445	deleting a provision authorizing probation and restitution
446	centers as an option for court-ordered residential
447	treatment; amending s. 948.08, F.S.; authorizing counties
448	to supervise pretrial intervention offenders; authorizing
449	counties to contract for certain services and facilities;
450	amending s. 948.101, F.S.; deleting a provision
451	authorizing probation and restitution centers as an option
452	for incarceration as a condition of community control;
453	amending s. 948.51, F.S.; deleting the authority of the
454	department to contract with a county for probation and
455	restitution centers; amending s. 951.231, F.S.; deleting
456	the authority of the department to contract to house
457	county prisoners and revising the conditions for a local
458	government to provide county residential probation
459	facilities; amending s. 957.04, F.S.; requiring the
460	Department of Management Services, in lieu of the
461	commission, to consider proposed waivers of rules,
462	policies, and procedures of the Department of Corrections
463	for contractors of private correctional facilities;
464	amending s. 957.07, F.S.; revising the membership of the
465	Prison Per-Diem Workgroup; revising meeting requirements
466	of the workgroup; revising information to be included in
467	the consensus per diem rates developed by the workgroup;
468	revising use of the per diem rates developed by the
469	workgroup; eliminating a provision that s. 957.07(5),
470	F.S., supersedes certain proviso language in the
471	Conference Report on CS for SB 2-C, ch. 2001-367, Laws of
472	Florida; amending s. 958.04, F.S.; deleting a provision
473	authorizing probation and restitution centers as an option
474	for judicial disposition for incarceration of youthful
475	offenders as a condition of probation or community
476	control; providing an effective date.

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