ENROLLED
2008 LegislatureCS for CS for SB 2000, 1st Engrossed
20082000er
1
2
An act relating to correctional policies; creating s.
3
921.0019, F.S.; creating the Correctional Policy Advisory
4
Council within the Legislature and a Justice Reinvestment
5
Subcommittee within the Correctional Policy Advisory
6
Council; requiring the council to evaluate correctional
7
policies, justice reinvestment initiatives, and laws
8
affecting or applicable to corrections; requiring the
9
subcommittee to review the effectiveness of correctional
10
policies, including sanctioning programs for low-level
11
drug and property offenders, mental health and substance
12
abuse interventions, and reinvestment strategies to
13
enhance the long-term effectiveness of correctional
14
policies by reducing cost without negatively impacting
15
public safety; requiring that recommendations be
16
consistent with specified goals; providing membership of
17
the council; providing for selection of the chair of the
18
council; providing for an executive director and
19
additional staff for the council, subject to
20
appropriations; providing that members of the council
21
serve without compensation, but are entitled to be
22
reimbursed for per diem and travel expenses; requiring
23
meetings and reports of findings and recommendations to
24
the Governor and the Legislature; requiring the council's
25
abolition by a specific date; providing an effective date.
26
27
Be It Enacted by the Legislature of the State of Florida:
28
29
Section 1. Section 921.0019, Florida Statutes, is created
30
to read:
31
921.0019 Correctional Policy Advisory Council.--
32
(1) The Correctional Policy Advisory Council is created
33
within the Legislature for the purpose of evaluating correctional
34
policies, justice reinvestment initiatives, and laws affecting or
35
applicable to corrections, and for the purpose of making findings
36
and recommendations on changes to such policy, reinvestment
37
initiatives, and laws. The council shall serve in an advisory
38
capacity to the Legislature and the Governor.
39
(2) A Justice Reinvestment Subcommittee within the
40
Correctional Policy Advisory Council is created to review the
41
availability of alternative sanctions for low-level drug and
42
property offenders; the effectiveness of mental health and
43
substance abuse diversion programs; the effectiveness of prison
44
reentry practices; the feasibility of implementing a progressive
45
sanctions system for probationers; the impact of jail
46
overcrowding on the effectiveness of local alternative programs
47
and sanctions; the effectiveness of supervision strategies; and
48
the delivery of supervision and programs in neighborhoods that
49
have a high proportion of supervised offenders.
50
(3) Any recommended change to correctional policies,
51
justice reinvestment initiatives, or laws affecting or applicable
52
to corrections must be consistent with the following goals:
53
(a) Protecting public safety, including, but not limited
54
to, ensuring the incarceration of violent criminal offenders and
55
nonviolent criminal offenders who commit repeated acts of
56
criminal behavior and who have demonstrated an inability to
57
comply with less restrictive penalties previously imposed for
58
nonviolent criminal acts; and
59
(b) Providing for the most cost-effective and efficient use
60
of correctional resources to the extent that such use is not in
61
conflict with paragraph (a).
62
(4)(a) The council shall be composed of 10 members,
63
consisting of two members of the Senate appointed by the
64
President of the Senate; two members of the House of
65
Representatives appointed by the Speaker of the House of
66
Representatives; one representative of the victim advocacy
67
profession, appointed by the Attorney General; the Attorney
68
General or her or his designee; and the Secretary of Corrections
69
or her or his designee. The following members shall be appointed
70
by the Governor: one state attorney from a list of three nominees
71
recommended by the Florida Prosecuting Attorneys Association; one
72
public defender from a list of three nominees recommended by the
73
Public Defenders Association; and one private attorney from a
74
list of three nominees recommended by the President of The
75
Florida Bar. The chair of the council shall be selected by the
76
members for a term of 1 year.
77
(b) The chair of the council shall appoint members of the
78
council to serve in a Justice Reinvestment Subcommittee to carry
79
out the duties provided in subsection (2) and designate ex
80
officio members from state or local agencies to serve as
81
technical assistance advisors to the subcommittee.
82
(c) The council shall meet at least quarterly and other
83
meetings may be called by the chair upon giving 7 days' notice to
84
the public. The council may take public testimony.
85
(d) Members of the council shall serve without
86
compensation, but are entitled to reimbursement for per diem and
87
travel expenses, which shall be paid by the appointing entity.
88
(e) The Office of Legislative Services shall provide
89
administrative staff support for the council. The Legislature's
90
Office of Economic and Demographic Research shall provide
91
technical and substantive staff support. The council staff
92
members shall consist of an executive director and any other
93
staff member determined to be necessary to the completion of the
94
council's duties, subject to appropriations. Upon request of the
95
chair of the council or the executive director, the Office of
96
Program Policy Analysis and Government Accountability, the
97
Department of Corrections and any other state agency or
98
department, and the Office of the State Courts Administrator
99
shall assist the council in providing necessary data collection,
100
analysis, and research.
101
(f) The chair of the council shall develop a technical
102
assistance agreement with the Justice Center of the Council of
103
State Governments to work with the Justice Reinvestment
104
Subcommittee to accomplish the review of the effectiveness of
105
correctional policies as provided in subsection (2). The
106
agreement shall include, but not be limited to, procedures for
107
the Justice Center of the Council of State Governments to access
108
the data collection, analysis, and research capabilities of the
109
agencies and offices listed in paragraph (e).
110
(5) On or before January 15 of each year, the council shall
111
provide a report of its findings and recommendations to the
112
Governor, the President of the Senate, and the Speaker of the
113
House of Representatives. The council may provide the Legislature
114
and the Governor with additional reports of findings and
115
recommendations at any time it deems appropriate. The council may
116
integrate the recommendations of the Justice Reinvestment
117
Subcommittee in its report or may issue a separate report
118
reflecting the findings of the subcommittee.
119
(6) The President of the Senate or the Speaker of the House
120
may also direct the council to report by a certain date the
121
council's findings and recommendations regarding an issue
122
pertinent to correctional policies, justice reinvestment
123
initiatives, or laws affecting or applicable to corrections.
124
Section 2. The Correctional Policy Advisory Council shall
125
be abolished on July 1, 2011.
126
Section 3. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.