ENROLLED

2008 LegislatureCS for CS for SB 2000, 1st Engrossed

20082000er

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An act relating to correctional policies; creating s.

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

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Council within the Legislature and a Justice Reinvestment

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Subcommittee within the Correctional Policy Advisory

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Council; requiring the council to evaluate correctional

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policies, justice reinvestment initiatives, and laws

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affecting or applicable to corrections; 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 and the Legislature; requiring the council's

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abolition by a specific 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 Correctional Policy Advisory Council.--

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     (1) The Correctional Policy Advisory Council is created

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within the Legislature for the purpose of evaluating correctional

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policies, justice reinvestment initiatives, and laws affecting or

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applicable to corrections, and for the purpose of making findings

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and recommendations on changes to such policy, reinvestment

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initiatives, and laws. The council shall serve in an advisory

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capacity to the Legislature and the Governor.

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     (2) A Justice Reinvestment Subcommittee within the

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Correctional Policy Advisory Council is created to review the

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availability of alternative sanctions for low-level drug and

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property offenders; the effectiveness of mental health and

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substance abuse diversion programs; the effectiveness of prison

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reentry practices; the feasibility of implementing a progressive

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sanctions system for probationers; the impact of jail

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overcrowding on the effectiveness of local alternative programs

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and sanctions; the effectiveness of supervision strategies; and

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the delivery of supervision and programs in neighborhoods that

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have a high proportion of supervised offenders.

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     (3) Any recommended change to correctional policies,

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justice reinvestment initiatives, or laws affecting or applicable

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to corrections 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 10 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; one representative of the victim advocacy

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profession, appointed by the Attorney General; the Attorney

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

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or her or his designee. The following members shall be appointed

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by the 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 chair of the council shall be selected by the

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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 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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     (d) 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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     (e) 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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     (f) 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 (e).

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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, and the Speaker of the

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House of Representatives. The council may provide the Legislature

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and the Governor 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 correctional policies, justice reinvestment

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initiatives, or laws affecting or applicable to corrections.

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     Section 2. The Correctional Policy Advisory Council shall

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be abolished on July 1, 2011.

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

CODING: Words stricken are deletions; words underlined are additions.