1

The Committee on Criminal and Civil Justice Appropriations

2

(Crist) recommended the following amendment:

3

4

     Senate Amendment (with title amendment)

5

     Delete everything after the enacting clause

6

and insert:

7

     Section 1.  Section 921.0019, Florida Statutes, is created

8

to read:

9

     921.0019 Sentencing Policy Advisory Council.--

10

     (1) The Sentencing Policy Advisory Council is created

11

within the Legislature for the purpose of evaluating sentencing

12

policy, sentencing practices, correctional policies, justice

13

reinvestment initiatives, and laws affecting or applicable to

14

sentencing or punishment, including, but not limited to, the

15

Criminal Punishment Code, the degree and offense severity level

16

ranking of offenses, mandatory sentences, enhanced penalties,

17

felony and misdemeanor reclassifications, and gain-time and early

18

release mechanisms, and for the purpose of making findings and

19

recommendations on a continuing basis regarding changes to such

20

policy, practices, and laws. The council shall serve in an

21

advisory capacity to the Legislature, the Governor, and the

22

Supreme Court.

23

     (2) A Justice Reinvestment Subcommittee within the

24

Sentencing Policy Advisory Council is created to review the

25

effectiveness of correctional policies, including but not limited

26

to, the review of the availability of sanctions options for low

27

level drug and property offenders; the effectiveness of mental

28

health and substance abuse diversion programs; the effectiveness

29

of prison re-entry practices; the feasibility of implementing a

30

progressive sanctions system for probationers; the impact of jail

31

overcrowding on the effectiveness of local alternative programs

32

and sanctions; the effectiveness of supervision strategies; and

33

the delivery of supervision and programs in neighborhoods with a

34

high proportion of supervised offenders.

35

     (3) Any recommended change to sentencing policy, sentencing

36

practices, correctional policies, justice reinvestment

37

initiatives, or laws affecting or applicable to sentencing or

38

punishment must be consistent with the following goals:

39

     (a) Protecting public safety, including, but not limited

40

to, ensuring the incarceration of violent criminal offenders and

41

nonviolent criminal offenders who commit repeated acts of

42

criminal behavior and who have demonstrated an inability to

43

comply with less restrictive penalties previously imposed for

44

nonviolent criminal acts; and

45

     (b) Providing for the most cost-effective and efficient use

46

of correctional resources to the extent that such use is not in

47

conflict with paragraph (a).

48

     (4)(a) The council shall be composed of 15 members,

49

consisting of: two members of the Senate appointed by the

50

President of the Senate; two members of the House of

51

Representatives appointed by the Speaker of the House of

52

Representatives; the Chief Justice of the Supreme Court or a

53

member of the Supreme Court designated by the Chief Justice;

54

three circuit court judges, one county court judge, and one

55

representative of the victim advocacy profession, appointed by

56

the Chief Justice of the Supreme Court; the Attorney General or

57

her or his designee; and the Secretary of the Department of

58

Corrections or her or his designee. The following members shall

59

be appointed by the Governor: one state attorney from a list of

60

three nominees recommended by the Florida Prosecuting Attorneys

61

Association; one public defender from a list of three nominees

62

recommended by the Public Defenders Association; and one private

63

attorney from a list of three nominees recommended by the

64

President of The Florida Bar. The membership of the council shall

65

reflect the geographic and ethnic diversity of the state. The

66

chair of the council shall be selected by the members for a term

67

of 1 year.

68

     (b) The chair of the council shall appoint members of the

69

council to serve in a Justice Reinvestment Subcommittee to carry

70

out the duties provided in subsection (2) and designate ex

71

officio members from state or local agencies to serve as

72

technical assistance advisors to the subcommittee.

73

     (c) The members of the council shall be appointed to serve

74

4-year terms, except that a legislative member's term expires

75

upon leaving office as a member of the Senate or the House of

76

Representatives.

77

     (d) The council shall meet at least quarterly and other

78

meetings may be called by the chair upon giving 7 days' notice to

79

the public. The council may take public testimony.

80

     (e) Members of the council shall serve without

81

compensation, but are entitled to reimbursement for per diem and

82

travel expenses, which shall be paid by the appointing entity.

83

     (f) The Office of Legislative Services shall provide

84

administrative staff support for the council. The Legislature's

85

Office of Economic and Demographic Research shall provide

86

technical and substantive staff support. The council staff

87

members shall consist of an executive director and any other

88

staff member determined to be necessary to the completion of the

89

council's duties, subject to appropriations. Upon request of the

90

chair of the council or the executive director, the Office of

91

Program Policy Analysis and Government Accountability, the

92

Department of Corrections and any other state agency or

93

department, and the Office of the State Courts Administrator

94

shall assist the council in providing necessary data collection,

95

analysis, and research.

96

     (g) The chair of the council shall develop a technical

97

assistance agreement with the Justice Center of the Council of

98

State Governments to work with the Justice Reinvestment

99

Subcommittee to accomplish the review of the effectiveness of

100

correctional policies as provided in subsection (2). The

101

agreement shall include, but not be limited to, procedures for

102

the Justice Center of the Council of State Governments to access

103

the data collection, analysis and research capabilities of the

104

agencies and offices listed in paragraph (f) of this subsection.

105

     (5) On or before January 15 of each year, the council shall

106

provide a report of its findings and recommendations to the

107

Governor, the President of the Senate, the Speaker of the House

108

of Representatives, and the Chief Justice of the Supreme Court.

109

The council may provide the Legislature, the Governor, and the

110

Supreme Court with additional reports of findings and

111

recommendations at any time it deems appropriate. The council may

112

integrate the recommendations of the Justice Reinvestment

113

Subcommittee in its report or may issue a separate report

114

reflecting the findings of the subcommittee.

115

     (6) The President of the Senate or the Speaker of the House

116

may also direct the council to report by a certain date the

117

council's findings and recommendations regarding an issue

118

pertinent to sentencing policy, sentencing practice, correctional

119

policies, justice reinvestment initiatives, or laws affecting or

120

applicable to sentencing or punishment.

121

     Section 2. (1) The Sentencing Policy Advisory Council shall

122

report to the Governor, the President of the Senate, the Speaker

123

of the House of Representatives, and the Supreme Court its

124

preliminary findings and recommendations regarding the following

125

questions:

126

     (a) Should the Legislature repeal any laws providing for a

127

mandatory minimum sentence or modify such laws to provide for

128

presumptive mandatory minimum sentences or exceptions to

129

mandatory sentences in some circumstances?

130

     (b) Do mandatory sentencing laws conflict with or undermine

131

the purpose of the Criminal Punishment Code?

132

     (c) Are particular criminal acts punished as more than one

133

specific offense and, if so, has this resulted in duplication,

134

confusion, or inconsistent penalties?

135

     (d) Are the penalties for particular felony or misdemeanor

136

offenses disproportionate to those for other felonies or

137

misdemeanor offenses of a similar nature or severity?

138

     (e) Do current enhanced penalties or felony and misdemeanor

139

reclassifications for repeat offenders result in duplication,

140

confusion, or inconsistent penalties?

141

     (f) Should the Legislature preclude the courts from

142

sentencing to prison defendants convicted of third-degree

143

felonies who score fewer than 44 total sentence points?

144

     (g) Should the Legislature change the current "Truth in

145

Sentencing" gain-time restrictions specified in s.

146

944.275(4)(b)3., Florida Statutes, to more closely align with the

147

federal minimum requirements?

148

     (h) Should the Legislature authorize correctional probation

149

officers to apply a continuum of administrative sanctions for

150

technical probation violations that do not affect public safety?

151

     (2) The council shall give priority to answering the

152

questions provided in subsection (1) over other questions,

153

issues, or matters that the council might consider relevant to

154

its review of sentencing policy, sentencing practice, and

155

sentencing laws as provided in s. 921.0019. If the council is

156

unable to answer any question prior to the report of its findings

157

and recommendations as required by s. 921.0019(4), the council

158

shall either provide preliminary findings and recommendations

159

regarding the question or report the council's progress in

160

answering the question.

161

     Section 3.  This act shall take effect July 1, 2008.

162

163

================ T I T L E  A M E N D M E N T ================

164

And the title is amended as follows:

165

     Delete everything before the enacting clause

166

and insert:

167

A bill to be entitled

168

An act relating to sentencing and the development of more

169

effective justice and correctional policies; creating s.

170

921.0019, F.S.; creating the Sentencing Policy Advisory

171

Council within the Legislature and a Justice Reinvestment

172

Subcommittee within the Sentencing Policy Advisory

173

Council; requiring the council to evaluate sentencing

174

policy, sentencing practices, correctional policies,

175

justice reinvestment initiatives, and laws affecting or

176

applicable to sentencing or punishment; requiring the

177

subcommittee to review the effectiveness of correctional

178

policies, including sanctioning programs for low level

179

drug and property offenders, mental health and substance

180

abuse interventions, and reinvestment strategies to

181

enhance the long-term effectiveness of correctional

182

policies by reducing cost without negatively impacting

183

public safety; requiring that recommendations be

184

consistent with specified goals; providing membership of

185

the council; providing for selection of the chair of the

186

council; providing for an executive director and

187

additional staff for the council, subject to

188

appropriations; providing that members of the council

189

serve without compensation, but are entitled to be

190

reimbursed for per diem and travel expenses; requiring

191

meetings and reports of findings and recommendations to

192

the Governor, the Legislature, and the Florida Supreme

193

Court; requiring the council to report its findings and

194

recommendations regarding specified questions by a

195

specified date; providing an effective date.

3/31/2008  8:31:00 AM     CJ.JA.06145