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A bill to be entitled

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An act relating to illegal or undocumented aliens;

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requiring the Department of Corrections and the Parole

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Commission to establish agreements to implement a federal

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deportation program for state inmates; specifying the

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goals of the program; creating s. 947.1461, F.S., relating

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to the control release for removal and deportation;

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requiring the department to identify eligible inmates at

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the reception process; specifying eligibility criteria;

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requiring the department to coordinate with federal

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authorities to determine immigration status and

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eligibility for removal; specifying that eligible inmates

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waive administrative and appellate rights; requiring the

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Control Release Authority to establish control release

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dates; authorizing the control release dates to be set

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after the alien has served a minimum 50 percent of his or

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her court imposed sentence; requiring the Control Release

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Authority to give notice to aliens concerning reentering

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the United States; prohibiting aliens from benefiting from

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control release awards when removal is not reasonably

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foreseeable; requiring the department to compile and

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report certain statistics; amending s. 947.146, F.S.,

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relating to the Control Release Authority; requiring the

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authority to implement a program to execute an immediate

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deportation order; providing an effective date.

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

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     Section 1. The Department of Corrections and the Parole

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Commission shall immediately initiate, coordinate, and establish

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agreements among multiple state, local, and federal authorities

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to implement the United States Immigration and Customs

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Enforcement Rapid Removal of Eligible Parolees Accepted for

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Transfer (REPAT) program. The goals of this effort shall be to:

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     (1) Ensure deportable aliens are not released from prison

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to the community;

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     (2) Reduce the number of criminal aliens incarcerated in

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the state prison system;

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     (3) Provide for the mandatory revocation of control release

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and confinement of criminal aliens who reenter the United States

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and who are rearrested in Florida;

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     (4) Allow eligible inmates to be released for deportation

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purposes prior to the expiration of the sentence;

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     (5) Expedite the deportation process; and

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     (6) Improve information-sharing procedures between the

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Immigration and Customs Enforcement Section of the United States

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Department of Homeland Security and the department.

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     Section 2.  Section 947.1461, Florida Statutes, is created

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to read:

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     947.1461 Control release for removal and deportation

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only.--

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     (1) The Department of Corrections shall begin at the inmate

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reception process a procedure to identify eligible aliens to

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determine if deportation is feasible and in the best interests of

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the state. Aliens who are ineligible for the federal deportation

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process pursuant to this section are inmates who are ineligible

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for control release pursuant to s. 947.146(3)(a)-(m).

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     (2) The Department of Corrections shall coordinate with the

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federal authorities to determine immigration status and

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eligibility for removal and to obtain the final removal order.

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     (3) The Department of Corrections shall identify aliens for

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removal who have voluntarily waived all administrative and

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judicial appellate rights in writing, and if the alien agrees in

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writing to fully cooperate with federal authorities to obtain

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valid travel documentation and facilitate removal.

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     (4) Upon acceptance into the federal deportation program,

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the Control Release Authority shall establish a control release

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date for the alien to be transferred into federal custody.

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Notwithstanding the provisions of s. 944.275(4)(b)3., the Control

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Release Authority may establish a control release date after the

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alien has served a minimum of 50 percent of his or her court-

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imposed sentence.

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     (5) The Department of Corrections shall maintain exclusive

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control and responsibility for the custody and transportation of

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aliens to and from federal facilities.

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     (6) The Control Release Authority shall provide notice and

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obtain acknowledgement in writing that notice was given to aliens

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eligible for deportation that illegal reentry into the United

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States requires the return of such aliens to the custody of the

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Department of Corrections to complete the remainder of their

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court-imposed sentence. The alien must also waive in writing any

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and all rights of extradition which would challenge the alien's

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return to the Department of Corrections and Control Release

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Authority to complete the remainder of his or her sentence.

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     (7) Under no circumstances shall an alien receive the

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benefits of control release awards when the federal authorities

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determine that the alien's removal is not reasonably foreseeable.

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     (8) The Department of Corrections shall compile statistics

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on this program, including the number of aliens who are

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transferred to federal custody, the number of aliens who are

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actually removed from the United States, the number of aliens who

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reenter the United States, and the annualized cost-avoidance

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achieved.

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     Section 3.  Subsections (2), (5), and (7) of section

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947.146, Florida Statutes, are amended to read:

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     947.146  Control Release Authority.--

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     (2)  The authority shall implement a system for determining

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the number and type of inmates who must be released into the

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community under control release in order to maintain the state

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prison system between 99 and 100 percent of its total capacity as

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defined in s. 944.023 or to execute an immediate deportation

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order from federal immigration authorities. No inmate has a right

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to control release. Control release is an administrative function

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solely used to manage the state prison population within total

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capacity and to expedite the deportation process. An inmate may

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not receive an advancement of his or her control release date by

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an award of control release allotments for any period of time

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before the date the inmate becomes statutorily eligible for

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control release or before the subsequent date of establishment of

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the inmate's advanceable control release date.

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     (5)  Whenever the inmate population drops below 99 percent

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of total capacity and remains below 99 percent for 90 consecutive

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days without requiring the release of inmates under this section,

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all control release dates shall become void and no inmate shall

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be eligible for release under any previously established control

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release date. However, control release dates for deportation

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purposes shall not become void when the inmate population

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changes. An inmate shall not have a right to a control release

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date, nor shall the authority be required to establish or

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reestablish any additional control release dates except under the

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provisions of subsection (2).

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     (7)  The authority has the power and duty to:

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     (a)  Extend or advance the control release date of any

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inmate for whom a date has been established pursuant to

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subsection (2), based upon one or more of the following:

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     1.  Recently discovered information of:

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     a.  Past criminal conduct;

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     b.  Verified threats by inmates provided by victims, law

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enforcement, or the department;

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     c.  Potential risk to or vulnerability of a victim;

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     d.  Psychological or physical trauma to the victim due to

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the criminal offense;

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     e.  Court-ordered restitution;

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     f.  History of abuse or addiction to a chemical substance

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verified by a presentence or postsentence investigation report;

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     g.  The inmate's ties to organized crime;

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     h.  A change in the inmate's sentence structure;

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     i.  Cooperation with law enforcement;

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     j.  Strong community support; and

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     k.  A documented mental condition as a factor for future

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criminal behavior.

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     2.  The recommendation of the department regarding:

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     a.  A medical or mental health-related condition; or

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     b.  Institutional adjustment of the inmate, which may

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include refusal by the inmate to sign the agreement to the

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conditions of the release plan.

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     3.  Total capacity of the state prison system.

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     4. Arrangements for the transfer of custody pending

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deportation.

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     (b)  Authorize an individual commissioner to postpone a

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control release date for not more than 60 days without a hearing

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for any inmate who has become the subject of a disciplinary

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proceeding, a criminal arrest, an information, or an indictment;

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who has been terminated from work release; or about whom there is

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any recently discovered information as specified in paragraph

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(a).

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     (c)  Determine the terms, conditions, and period of time of

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control release for persons released pursuant to this section.

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     (d)  Determine violations of control release and what

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actions shall be taken with reference thereto.

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     (e)  Provide for victim input into the decisionmaking

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process which may be used by the authority as aggravation or

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mitigation in determining which persons shall be released on

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control release.

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     (f)  Make such investigations as may be necessary for the

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purposes of establishing, modifying, or revoking a control

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release date.

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     (g)  Contract with a public defender or private counsel for

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representation of indigent persons charged with violating the

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terms of control release.

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     (h)  Adopt such rules as the authority deems necessary for

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implementation of the provisions of this section.

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     Section 4.  This act shall take effect July 1, 2008.