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A bill to be entitled

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An act relating to sentencing and the development of more

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effective justice and correctional policies; creating s.

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

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Council within the Legislature and a Justice Reinvestment

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Subcommittee within the Sentencing Policy Advisory

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Council; requiring the council to evaluate sentencing

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policy, sentencing practices, correctional policies,

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justice reinvestment initiatives, and laws affecting or

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applicable to sentencing or punishment; requiring the

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subcommittee to review the effectiveness of correctional

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policies, including sanctioning programs for low-level

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drug and property offenders, mental health and substance

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abuse interventions, and reinvestment strategies to

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enhance the long-term effectiveness of correctional

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policies by reducing cost without negatively impacting

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public safety; requiring that recommendations be

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consistent with specified goals; providing membership of

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the council; providing for selection of the chair of the

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council; providing for an executive director and

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additional staff for the council, subject to

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appropriations; providing that members of the council

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serve without compensation, but are entitled to be

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reimbursed for per diem and travel expenses; requiring

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meetings and reports of findings and recommendations to

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the Governor, the Legislature, and the Florida Supreme

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Court; requiring the council to report its findings and

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recommendations regarding specified questions by a

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specified date; 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 921.0019, Florida Statutes, is created

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to read:

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     921.0019 Sentencing Policy Advisory Council.--

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     (1) The Sentencing Policy Advisory Council is created

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within the Legislature for the purpose of evaluating sentencing

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policy, sentencing practices, correctional policies, justice

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reinvestment initiatives, and laws affecting or applicable to

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

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Criminal Punishment Code, the degree and offense severity level

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ranking of offenses, mandatory sentences, enhanced penalties,

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felony and misdemeanor reclassifications, and gain-time and early

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release mechanisms, and for the purpose of making findings and

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recommendations on a continuing basis regarding changes to such

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

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advisory capacity to the Legislature, the Governor, and the

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Supreme Court.

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     (2) A Justice Reinvestment Subcommittee within the

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Sentencing Policy Advisory Council is created to review the

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effectiveness of correctional policies, including, but not

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limited to, the review of the availability of sanctions options

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for low-level drug and property offenders; the effectiveness of

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mental health and substance abuse diversion programs; the

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effectiveness of prison reentry practices; the feasibility of

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implementing a progressive sanctions system for probationers; the

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impact of jail overcrowding on the effectiveness of local

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alternative programs and sanctions; the effectiveness of

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supervision strategies; and the delivery of supervision and

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programs in neighborhoods that have a high proportion of

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supervised offenders.

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     (3) Any recommended change to sentencing policy, sentencing

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practices, correctional policies, justice reinvestment

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initiatives, or laws affecting or applicable to sentencing or

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punishment must be consistent with the following goals:

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

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to, ensuring the incarceration of violent criminal offenders and

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nonviolent criminal offenders who commit repeated acts of

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criminal behavior and who have demonstrated an inability to

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comply with less restrictive penalties previously imposed for

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nonviolent criminal acts; and

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

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

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conflict with paragraph (a).

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

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consisting of two members of the Senate appointed by the

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President of the Senate; two members of the House of

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Representatives appointed by the Speaker of the House of

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Representatives; the Chief Justice of the Supreme Court or a

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member of the Supreme Court designated by the Chief Justice;

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

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representative of the victim advocacy profession, appointed by

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

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

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his designee. The following members shall be appointed by the

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Governor: one state attorney from a list of three nominees

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recommended by the Florida Prosecuting Attorneys Association; one

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public defender from a list of three nominees recommended by the

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Public Defenders Association; and one private attorney from a

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list of three nominees recommended by the President of The

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Florida Bar. The membership of the council shall reflect the

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geographic and ethnic diversity of the state. The chair of the

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council shall be selected by the members for a term of 1 year.

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

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council to serve in a Justice Reinvestment Subcommittee to carry

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

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officio members from state or local agencies to serve as

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technical assistance advisors to the subcommittee.

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

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

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

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Representatives.

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

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

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the public. The council may take public testimony.

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     (e) Members of the council shall serve without

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compensation, but are entitled to reimbursement for per diem and

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

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     (f) The Office of Legislative Services shall provide

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administrative staff support for the council. The Legislature's

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Office of Economic and Demographic Research shall provide

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technical and substantive staff support. The council staff

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members shall consist of an executive director and any other

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staff member determined to be necessary to the completion of the

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

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

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Program Policy Analysis and Government Accountability, the

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Department of Corrections and any other state agency or

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department, and the Office of the State Courts Administrator

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shall assist the council in providing necessary data collection,

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analysis, and research.

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

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assistance agreement with the Justice Center of the Council of

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State Governments to work with the Justice Reinvestment

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Subcommittee to accomplish the review of the effectiveness of

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correctional policies as provided in subsection (2). The

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

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the Justice Center of the Council of State Governments to access

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the data collection, analysis, and research capabilities of the

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agencies and offices listed in paragraph (f).

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

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provide a report of its findings and recommendations to the

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

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

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

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Supreme Court with additional reports of findings and

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recommendations at any time it deems appropriate. The council may

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integrate the recommendations of the Justice Reinvestment

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Subcommittee in its report or may issue a separate report

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reflecting the findings of the subcommittee.

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

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

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council's findings and recommendations regarding an issue

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pertinent to sentencing policy, sentencing practice, correctional

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policies, justice reinvestment initiatives, or laws affecting or

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applicable to sentencing or punishment.

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     Section 2. (1) The Sentencing Policy Advisory Council

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

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Speaker of the House of Representatives, and the Supreme Court

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its preliminary findings and recommendations regarding the

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following questions:

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

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mandatory minimum sentence or modify such laws to provide for

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presumptive mandatory minimum sentences or exceptions to

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mandatory sentences in some circumstances?

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     (b) Do mandatory sentencing laws conflict with or undermine

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the purpose of the Criminal Punishment Code?

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

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

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confusion, or inconsistent penalties?

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     (d) Are the penalties for particular felony or misdemeanor

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offenses disproportionate to those for other felonies or

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misdemeanor offenses of a similar nature or severity?

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     (e) Do current enhanced penalties or felony and misdemeanor

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reclassifications for repeat offenders result in duplication,

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confusion, or inconsistent penalties?

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     (f) Should the Legislature preclude the courts from

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sentencing to prison defendants convicted of third-degree

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felonies who score fewer than 44 total sentence points?

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

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Sentencing" gain-time restrictions specified in s.

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

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federal minimum requirements?

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     (h) Should the Legislature authorize correctional probation

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officers to apply a continuum of administrative sanctions for

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technical probation violations that do not affect public safety?

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     (2) The council shall give priority to answering the

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questions provided in subsection (1) over other questions,

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issues, or matters that the council might consider relevant to

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its review of sentencing policy, sentencing practice, and

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sentencing laws as provided in s. 921.0019, Florida Statutes. If

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the council is unable to answer any question prior to the report

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of its findings and recommendations as required by s.

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921.0019(4), Florida Statutes, the council shall either provide

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preliminary findings and recommendations regarding the question

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or report the council's progress in answering the question.

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