Florida Senate - 2010                             CS for SB 1394
       
       
       
       By the Committee on Criminal and Civil Justice Appropriations;
       and Senator Crist
       
       
       
       604-03293-10                                          20101394c1
    1                        A bill to be entitled                      
    2         An act relating to the Correctional Policy Advisory
    3         Council; amending s. 921.0019, F.S.; requiring the
    4         council to evaluate, among other issues, the
    5         sentencing policies and sentencing practices of the
    6         state, including consideration of the Criminal
    7         Punishment Code, the degree and offense severity level
    8         ranking of offenses, mandatory sentences, enhanced
    9         penalties, felony and misdemeanor reclassifications,
   10         and gain-time and early release mechanisms for the
   11         purpose of making findings and recommendations on
   12         changes to those policies; requiring the council to
   13         meet at least once by a specified date; requiring the
   14         Secretary of Corrections to convene an initial meeting
   15         of the council as soon as practicable after a
   16         specified date; requiring the council to report to the
   17         Governor, the Legislature, and the Supreme Court its
   18         findings and recommendations by answering certain
   19         specified questions; requiring that the council give
   20         priority to answering the questions; requiring the
   21         council to submit preliminary findings and
   22         recommendations if it is unable to answer a question
   23         or questions; amending s. 2 of chapter 2008-54, Laws
   24         of Florida; delaying the date that the council is
   25         abolished; 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 amended
   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 sentencing
   34  policy, sentencing practices, correctional policies, justice
   35  reinvestment initiatives, and laws affecting or applicable to
   36  corrections, sentencing or punishment, including, but not
   37  limited to, the Criminal Punishment Code, the degree and offense
   38  severity level ranking of offenses, mandatory sentences,
   39  enhanced penalties, felony and misdemeanor reclassifications,
   40  and gain-time and early release mechanisms and for the purpose
   41  of making findings and recommendations on changes to such
   42  policy, reinvestment initiatives, and laws. The council shall
   43  serve in an advisory capacity to the Legislature and the
   44  Governor.
   45         (2) A Justice Reinvestment Subcommittee within the
   46  Correctional Policy Advisory Council is created to review the
   47  availability of alternative sanctions for low-level drug and
   48  property offenders; the effectiveness of mental health and
   49  substance abuse diversion programs; the effectiveness of prison
   50  reentry practices; the feasibility of implementing a progressive
   51  sanctions system for probationers; the impact of jail
   52  overcrowding on the effectiveness of local alternative programs
   53  and sanctions; the effectiveness of supervision strategies; and
   54  the delivery of supervision and programs in neighborhoods that
   55  have a high proportion of supervised offenders.
   56         (3) Any recommended change to sentencing policy, sentencing
   57  practices, correctional policies, justice reinvestment
   58  initiatives, or laws affecting or applicable to corrections must
   59  be consistent with the following goals:
   60         (a) Protecting public safety, including, but not limited
   61  to, ensuring the incarceration of violent criminal offenders and
   62  nonviolent criminal offenders who commit repeated acts of
   63  criminal behavior and who have demonstrated an inability to
   64  comply with less restrictive penalties previously imposed for
   65  nonviolent criminal acts; and
   66         (b) Providing for the most cost-effective and efficient use
   67  of correctional resources to the extent that such use is not in
   68  conflict with paragraph (a).
   69         (4)(a) The council shall be composed of 10 members,
   70  consisting of two members of the Senate appointed by the
   71  President of the Senate; two members of the House of
   72  Representatives appointed by the Speaker of the House of
   73  Representatives; one representative of the victim advocacy
   74  profession appointed by the Attorney General; the Attorney
   75  General or her or his designee; and the Secretary of Corrections
   76  or her or his designee. The following members shall be appointed
   77  by the Governor: one state attorney from a list of three
   78  nominees recommended by the Florida Prosecuting Attorneys
   79  Association; one public defender from a list of three nominees
   80  recommended by the Public Defenders Association; and one private
   81  attorney from a list of three nominees recommended by the
   82  President of The Florida Bar. The chair of the council shall be
   83  selected by the members for a term of 1 year.
   84         (b) The chair of the council shall appoint members of the
   85  council to serve in a Justice Reinvestment Subcommittee to carry
   86  out the duties provided in subsection (2) and designate ex
   87  officio members from state or local agencies to serve as
   88  technical assistance advisors to the subcommittee.
   89         (c) The council shall meet at least quarterly, and other
   90  meetings may be called by the chair upon giving 7 days’ notice
   91  to the public. The council may take public testimony. However,
   92  if the council has not convened at least once by September 1,
   93  2010, the Secretary of Corrections shall organize an initial
   94  meeting of the council as soon as practicable thereafter whether
   95  or not all of the appointments are current and available.
   96         (d) Members of the council shall serve without
   97  compensation, but are entitled to reimbursement for per diem and
   98  travel expenses, which shall be paid by the appointing entity.
   99         (e) The Office of Legislative Services shall provide
  100  administrative staff support for the council. The Legislature’s
  101  Office of Economic and Demographic Research shall provide
  102  technical and substantive staff support. The council staff
  103  members shall consist of an executive director and any other
  104  staff member determined to be necessary to the completion of the
  105  council’s duties, subject to appropriations. Upon request of the
  106  chair of the council or the executive director, the Office of
  107  Program Policy Analysis and Government Accountability, the
  108  Department of Corrections and any other state agency or
  109  department, and the Office of the State Courts Administrator
  110  shall assist the council in providing necessary data collection,
  111  analysis, and research.
  112         (f) The chair of the council shall develop a technical
  113  assistance agreement with the Justice Center of the Council of
  114  State Governments to work with the Justice Reinvestment
  115  Subcommittee to accomplish the review of the effectiveness of
  116  correctional policies as provided in subsection (2). The
  117  agreement shall include, but not be limited to, procedures for
  118  the Justice Center of the Council of State Governments to access
  119  the data collection, analysis, and research capabilities of the
  120  agencies and offices listed in paragraph (e).
  121         (5) On or before January 15 of each year, the council shall
  122  provide a report of its findings and recommendations to the
  123  Governor, the President of the Senate, and the Speaker of the
  124  House of Representatives. The council may provide the
  125  Legislature and the Governor with additional reports of findings
  126  and recommendations at any time it deems appropriate. The
  127  council may integrate the recommendations of the Justice
  128  Reinvestment Subcommittee in its report or may issue a separate
  129  report reflecting the findings of the subcommittee.
  130         (6) The President of the Senate or the Speaker of the House
  131  of Representatives may also direct the council to report by a
  132  certain date the council’s findings and recommendations
  133  regarding an issue pertinent to sentencing policy, sentencing
  134  practices, correctional policies, justice reinvestment
  135  initiatives, or laws affecting or applicable to corrections.
  136         (7)The Correctional Policy Advisory Council shall submit a
  137  report to the Governor, the President of the Senate, the Speaker
  138  of the House of Representatives, and the Supreme Court
  139  containing its findings and recommendations regarding the
  140  following questions:
  141         (a)Should the Legislature repeal any laws providing for a
  142  mandatory minimum sentence or modify such laws to provide for
  143  presumptive mandatory minimum sentences or exceptions to
  144  mandatory sentences in some circumstances?
  145         (b)Do mandatory sentencing laws conflict with or undermine
  146  the purpose of the Criminal Punishment Code?
  147         (c)Are particular criminal acts punished as more than one
  148  specific offense and, if so, has this resulted in duplication,
  149  confusion, or inconsistent penalties?
  150         (d)Are the penalties for particular felony or misdemeanor
  151  offenses disproportionate to those for other felonies or
  152  misdemeanor offenses of a similar nature or severity?
  153         (e)Do current enhanced penalties or felony and misdemeanor
  154  reclassifications for repeat offenders result in duplication,
  155  confusion, or inconsistent penalties?
  156         (f)Should the Legislature preclude the courts from
  157  sentencing to prison defendants who are convicted of third
  158  degree felonies and who score fewer than 44 total sentence
  159  points?
  160         (g)Should the Legislature change the current “Truth in
  161  Sentencing” gain-time restrictions specified in s.
  162  944.275(4)(b)3. to more closely align with the federal minimum
  163  requirements?
  164         (h)Should the Legislature authorize correctional probation
  165  officers to apply a continuum of administrative sanctions for
  166  technical probation violations that do not affect public safety?
  167         (8)The council shall give priority to answering the
  168  questions provided in subsection (7) over other questions,
  169  issues, or matters that the council might consider relevant to
  170  its review of sentencing policy, sentencing practice, and
  171  sentencing laws. If the council is unable to answer a question
  172  before submitting its report, the council shall provide
  173  preliminary findings and recommendations regarding the
  174  unanswered question or questions and report on the progress the
  175  council is making to answer the unanswered question or
  176  questions.
  177         Section 2. Section 2 of chapter 2008-54, Laws of Florida,
  178  is amended to read:
  179         Section 2. The Correctional Policy Advisory Council shall
  180  be abolished on July 1, 2012 2011.
  181         Section 3. This act shall take effect July 1, 2010.