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A bill to be entitled

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An act relating to supervised reentry programs for

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inmates; amending s. 945.091, F.S.; providing legislative

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intent to encourage the Department of Corrections, to the

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extent possible, to place inmates in the community to

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perform paid employment for community work; providing that

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an inmate may leave the confinement of prison to

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participate in a supervised reentry program in which the

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inmate is housed in the community while working at paid

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employment or participating in such other programs that

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are approved by the department; requiring the inmate to

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live at a department-approved residence while

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participating in the supervised reentry program;

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specifying the conditions for participating in the

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supervised reentry program; requiring the department to

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adopt rules to operate the supervised reentry program;

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providing legislative intent to encourage the department

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to place inmates in paid employment in the community for

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not less than 6 months before the inmate's sentence

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expires; 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.  Section 945.091, Florida Statutes, is amended to

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read:

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     945.091 Extension of the limits of confinement; supervised

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reentry; restitution by employed inmates.--

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     (1)  The department may adopt rules permitting the extension

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of the limits of the place of confinement of an inmate as to whom

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there is reasonable cause to believe that the inmate will honor

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his or her trust by authorizing the inmate, under prescribed

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conditions and following investigation and approval by the

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secretary, or the secretary's designee, who shall maintain a

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written record of such action, to leave the confines of that

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place unaccompanied by a custodial agent for a prescribed period

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of time to:

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     (a)  Visit, for a specified period, a specifically

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designated place or places:

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     1.  For the purpose of visiting a dying relative, attending

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the funeral of a relative, or arranging for employment or for a

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suitable residence for use when released;

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     2.  To otherwise aid in the rehabilitation of the inmate and

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his or her successful transition into the community; or

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     3.  For another compelling reason consistent with the public

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interest,

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and return to the same or another institution or facility

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designated by the department Department of Corrections.

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     (b)  Work at paid employment, participate in an education or

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a training program, or voluntarily serve a public or nonprofit

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agency or faith-based service group in the community, while

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continuing as an inmate of the institution or facility in which

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the inmate is confined, except during the hours of his or her

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employment, education, training, or service and traveling thereto

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and there from. An inmate may travel to and from his or her place

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of employment, education, or training only by means of walking,

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bicycling, or using public transportation or transportation that

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is provided by a family member or employer. Contingent upon

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specific appropriations, the department may transport an inmate

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in a state-owned vehicle if the inmate is unable to obtain other

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means of travel to his or her place of employment, education, or

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training.

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     1.  An inmate may participate in paid employment only during

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the last 36 months of his or her confinement, unless sooner

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requested by the Parole Commission or the Control Release

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Authority. To the extent possible, the department shall place

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inmates in the community to perform paid employment.

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     2.  While working at paid employment and residing in the

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facility, an inmate may apply for placement at a contracted

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substance abuse transition housing program. The transition

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assistance specialist shall inform the inmate of program

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availability and assess the inmate's need and suitability for

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transition housing assistance. If an inmate is approved for

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placement, the specialist shall assist the inmate. If an inmate

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requests and is approved for placement in a contracted faith-

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based substance abuse transition housing program, the specialist

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must consult with the chaplain before the prior to such

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placement. The department shall ensure that an inmate's faith

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orientation, or lack thereof, will not be considered in

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determining admission to a faith-based program and that the

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program does not attempt to convert an inmate toward a particular

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faith or religious preference.

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     (c)  Participate in a residential or nonresidential

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rehabilitative program operated by a public or private nonprofit

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agency, including faith-based service groups, with which the

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department has contracted for the treatment of the such inmate.

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Sections The provisions of ss. 216.311 and 287.057 shall apply to

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all contracts between the department and any private entity

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providing the such services. The department shall require the

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such agency to provide appropriate supervision of inmates

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participating in the such program. The department is authorized

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to terminate any inmate's participation in the program if the

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such inmate fails to demonstrate satisfactory progress in the

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program as established by departmental rules.

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     (d) Participate in a supervised reentry program in which

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the inmate is housed in the community while working at paid

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employment or participating in such other programs that are

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approved by the department. The inmate shall reside at a

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department-approved residence while retaining status as an inmate

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in the supervised reentry program.

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     1. An inmate may participate in the supervised reentry

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program only during the last 14 months of his or her confinement.

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     2. An inmate may participate in the supervised reentry

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program only after residing at a work release center for at least

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6 months.

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     3. Supervised reentry program participants must comply with

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reporting, drug testing, and other requirements established by

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the department.

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     4. An inmate who fails to abide by the conditions set forth

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in the supervised reentry program is subject to removal from the

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program and to disciplinary action.

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     5. An inmate in the supervised reentry program may travel

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to and from his or her department-approved activities only by

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means of transportation approved by the department.

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     6. The inmate must pay the department for the cost of his

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or her supervision in accordance with rules set forth by the

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department. The inmate shall also pay the cost of any treatment

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program in which he or she is participating.

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     7. An inmate is subject to the rules of conduct established

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by the department and, after a violation, may have sanctions

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imposed against him or her, including loss of privileges,

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restrictions, disciplinary confinement, forfeiture of gain-time

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or the right to earn gain-time in the future, as well as program

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termination.

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     8. An inmate participating in the supervised reentry

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program may not be included in the bed count for purposes of

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determining total capacity as defined in s. 944.023(1)(b).

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     9. The department shall adopt rules for the operation of

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the supervised reentry program.

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     (2) In order for participating inmates to acquire

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meaningful work skills and develop an employment history, the

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department is encouraged to approve an inmate's participation in

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paid employment programs under paragraphs (1)(b) through (d) in

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such a manner that the inmate moves into the community not less

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than 6 months before the expiration of the inmate's sentence.

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     (3)(2) Each inmate who demonstrates college-level aptitudes

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by satisfactory evidence of successful completion of college-

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level academic coursework may be provided the opportunity to

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participate in college-level academic programs which may be

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offered at community colleges or universities. The inmate is

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personally responsible for the payment of all student fees

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incurred.

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     (4)(3) The department may adopt regulations as to the

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eligibility of inmates for the extension of confinement, the

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disbursement of any earnings of these inmates, or the entering

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into of agreements between itself and any city or county or

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federal agency for the housing of these inmates in a local place

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of confinement. However, a no person convicted of sexual battery

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pursuant to s. 794.011 is not eligible for any extension of the

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limits of confinement under this section.

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     (5)(4) The willful failure of an inmate to remain within

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the extended limits of his or her confinement or to return within

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the time prescribed to the place of confinement designated by the

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department is shall be deemed as an escape from the custody of

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the department and is shall be punishable as prescribed by law.

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     (6)(5) The provisions of This section does shall not be

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deemed to authorize any inmate who has been convicted of any

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murder, manslaughter, sexual battery, robbery, arson, aggravated

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assault, aggravated battery, kidnapping, escape, breaking and

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entering with intent to commit a felony, or aircraft piracy, or

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any attempt to commit the aforementioned crimes, to attend any

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classes at any state community college or any university which is

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a part of the State University System.

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     (7)(6)(a) The department shall require inmates working at

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paid employment as provided in paragraph (1)(b) or paragraph

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(1)(d) to use a portion of the employment proceeds to provide

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restitution to the aggrieved party for the damage or loss caused

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by the offense of the inmate, in an amount to be determined by

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the department, unless the department finds clear and compelling

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reasons not to order such restitution. If restitution or partial

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restitution is not ordered, the department shall state on the

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record in detail the reasons therefor.

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     (b)  An offender who is required to provide restitution or

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reparation may petition the circuit court to amend the amount of

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restitution or reparation required or to revise the schedule of

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repayment established by the department or the Parole Commission.

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     (8)(7) The department shall document and account for all

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forms for disciplinary reports for inmates placed on extended

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limits of confinement, which shall include, but not be limited

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to, all violations of rules of conduct, the rule or rules

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violated, the nature of punishment administered, the authority

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ordering the such punishment, and the duration of time during

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which the inmate was subjected to confinement.

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     (9)(8)(a) The department may is authorized to levy fines

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only through disciplinary reports and only against inmates placed

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on extended limits of confinement. Major and minor infractions

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and their respective punishments for inmates placed on extended

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limits of confinement shall be defined by the rules of the

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department, provided that a any fine may shall not exceed $50 for

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each infraction deemed to be minor and $100 for each infraction

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deemed to be major. Such fines shall be deposited in the General

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Revenue Fund, and a receipt shall be given to the inmate.

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     (b)  When the chief correctional officer determines that a

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fine would be an appropriate punishment for a violation of the

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rules of the department, both the determination of guilt and the

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amount of the fine shall be determined by the disciplinary

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committee pursuant to the method prescribed in s. 944.28(2)(c).

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     (c) The department shall adopt develop rules defining the

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policies and procedures for the administering of such fines.

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     Section 2.  This act shall take effect July 1, 2008.