Florida Senate - 2010 SB 2714 By Senator Rich 34-01810-10 20102714__ 1 A bill to be entitled 2 An act relating to inmate services; creating s. 3 397.755, F.S.; requiring that the Department of 4 Corrections create a reentry program to provide a 5 mechanism by which an eligible, nonviolent, and low 6 risk inmate who poses a minimal foreseeable risk to 7 the public may be transferred into the community 8 through a transitional process; requiring that the 9 program consist of a prison-based treatment reentry 10 program and a community-based aftercare treatment and 11 reentry program; providing preliminary eligibility 12 criteria for the reentry program; requiring a 13 recommendation for reentry at the time of sentencing; 14 directing the department to prepare a postrelease 15 treatment plan; requiring that the department notify 16 the judge before transferring the inmate into the 17 community; requiring the inmate to abide by the order 18 of supervision and the rules of the department; 19 directing the department to provide special training 20 to employees working in the reentry program; 21 authorizing the department to develop performance 22 based contracts to supply services to the reentry 23 program; permitting the department to establish a 24 system of incentives to promote participation by 25 private-sector employers in rehabilitative reentry 26 programs; providing that the act does not confer any 27 right to placement in the reentry program; directing 28 the department to track recidivism and recommitment of 29 inmates who have participated in the reentry program; 30 requiring a report to the Governor and Legislature; 31 requiring a review and report by the Office of Program 32 Policy Analysis and Government Accountability; 33 authorizing rulemaking; providing an effective date. 34 35 Be It Enacted by the Legislature of the State of Florida: 36 37 Section 1. Section 397.755, Florida Statutes, is created to 38 read: 39 397.755 Reentry program.— 40 (1) DEPARTMENT TO DEVELOP REENTRY PROGRAM.—The department 41 shall develop and implement a reentry program for inmates. 42 (a) The reentry program shall provide a mechanism by which 43 an eligible, nonviolent, and low-risk inmate who poses a minimal 44 foreseeable risk to the public and for whom the reentry program 45 has been ordered as part of his or her sentence may be 46 transferred into the community during the last year of his or 47 her sentence. 48 (b) The reentry program must consist of two parts: 49 1. A prison-based treatment reentry program for substance 50 abuse, mental health, or co-occurring disorders for a minimum of 51 90 days; and 52 2. A community-based aftercare treatment and reentry 53 program. 54 (c) The reentry program must be specifically designed to be 55 intensive and may have a work-release component as part of its 56 treatment program. 57 (d) The in-prison component may be operated in a secure 58 area in or adjacent to an adult institution, a community 59 residential center, or a work release center. 60 (2) PRELIMINARY ELIGIBILITY.— 61 (a) The sentencing court shall order the inmate to 62 participate in the reentry program at the time of sentencing in 63 order for the inmate to be preliminarily eligible to participate 64 in the reentry program. 65 (b) Thereafter, the department shall screen the inmate for 66 eligibility for the reentry program. When determining 67 eligibility, the department shall consider the inmate’s criminal 68 history, need for mental health treatment or substance abuse 69 treatment or both, and general rehabilitative interests, and the 70 potential risk that the inmate presents to the public. The 71 department may also consider the operational needs of the 72 department and the comments and statements of the inmate’s 73 victim. 74 (c) An inmate is ineligible for participation in the 75 reentry program if: 76 1. The inmate was sentenced to a term of incarceration of 77 10 years or more; or 78 2. Whether related to the present term of incarceration or 79 a previous term of incarceration, the inmate has been convicted 80 of, or pled guilty or nolo contendere to: 81 a. Any capital, life, or first-degree felony; 82 b. Any second-degree or third-degree felony offense listed 83 in s. 775.084(1)(c)1.; 84 c. Any offense listed in s. 784.07, s. 784.021, s. 827.03, 85 or s. 843.01, or any offense for which a person is subject to 86 registration as a sex offender under s. 943.0435; 87 d. Any offense for which the sentence was enhanced pursuant 88 to s. 775.087; or 89 e. Any offense in another jurisdiction which would be an 90 offense described in sub-subparagraphs a.-c., or which would 91 have been enhanced pursuant s. 775.087 if that offense had been 92 committed in this state. 93 (d) An inmate is eligible for placement in the reentry 94 program if: 95 1. The inmate is not ineligible under paragraph (c). 96 2. The inmate is in need of mental health treatment or 97 substance abuse treatment or both. 98 3. The inmate has been ordered to participate in the 99 reentry program. 100 4. The department has placed the inmate in minimum-custody 101 or community-custody status. 102 5. Space is available in the program. 103 6. The inmate otherwise meets the criteria for placement as 104 determined by the department. 105 (3) ADMISSION INTO REENTRY PROGRAM.— 106 (a) If an inmate meets the criteria for admission to the 107 reentry program, the department shall approve or reject the 108 inmate’s entry into the reentry program. The department shall 109 give written notice to the sentencing court, state attorney, 110 counsel for the inmate, and any victim of the inmate if the 111 inmate is admitted into the reentry program. 112 (b) Admission into the reentry program is not a right; 113 accordingly, the department may refuse to place an inmate in the 114 reentry program. 115 (4) PROCEDURE UPON ADMISSION TO REENTRY PROGRAM; IN-PRISON 116 TREATMENT.—If the inmate is admitted into the reentry program, 117 the department shall commence the in-prison treatment component. 118 (a) Before the inmate completes the in-prison treatment 119 component, the department shall evaluate the inmate’s needs for 120 community placement and develop a postrelease treatment plan 121 that includes mental health aftercare services or substance 122 abuse aftercare services or both. 123 (b) If at any time after placement in the reentry program, 124 the inmate appears unable to participate due to medical or other 125 causes, he or she shall be examined by qualified medical 126 personnel or qualified nonmedical personnel appropriate for the 127 inmate’s situation, as determined by the department. The 128 qualified personnel shall consult with the director of the 129 reentry program, and the director shall determine if the inmate 130 may continue with treatment or if the inmate must be discharged 131 from the reentry program. 132 (c) An inmate in the reentry program is subject to the 133 rules of conduct established by the department and may have 134 sanctions imposed, including loss of privileges, restrictions, 135 disciplinary confinement, forfeiture of gain-time or the right 136 to earn gain-time in the future, alteration of release plans, 137 termination from the reentry program, or other reentry program 138 modifications in keeping with the nature and gravity of the 139 reentry program violation. The department may place an inmate in 140 the reentry program in an administrative or protective 141 confinement, as necessary. 142 (5) PROCEDURE UPON COMPLETION OF THE IN-PRISON TREATMENT 143 COMPONENT.—Following completion of the in-prison treatment 144 component, the inmate shall be transferred into the community on 145 drug offender probation or mental health probation for the last 146 12 months of his or her sentence. 147 (a) While in the community, the inmate is subject to all 148 standard terms of drug offender probation, any special 149 conditions of supervision ordered by the court, including 150 participation in an aftercare mental health or substance abuse 151 reentry program, residence in a postrelease transitional 152 residential halfway house, or any other appropriate form of 153 supervision or treatment. Violation of any condition or order 154 may result in revocation of supervision by the court and 155 imposition of any sentence that is authorized by law, subject to 156 time served in prison. 157 (b) If there is a drug court in the sentencing county and 158 if the drug court accepts the case, the inmate’s case shall be 159 transferred to the drug court for supervision for the last 12 160 months of his or her sentence. The drug court judge shall be 161 deemed the sentencing judge for purposes of ensuring compliance 162 with this section, and the department shall be responsible for 163 collecting the cost of supervision, as appropriate, from the 164 inmate. 165 (c) While on drug offender probation or mental health 166 probation, the inmate shall pay the cost of supervision to the 167 department, as appropriate. An inmate who is financially able 168 shall also pay all costs of his or her drug rehabilitation or 169 mental health treatment. The court may impose on the inmate 170 additional conditions requiring payment of restitution, court 171 costs, and fines; public service; and compliance with other 172 special conditions. 173 (d) Time spent on drug offender probation or mental health 174 probation as part of the reentry program shall be considered in 175 custody time in calculating gain-time for the inmate. 176 (6) DUTIES OF THE DEPARTMENT.—The department shall 177 implement the reentry program to the fullest extent feasible 178 within the terms of this section and available resources. The 179 department shall provide a special training reentry program for 180 staff members who are selected to serve in the reentry program. 181 (7) CONTRACTORS.—The department may develop and enter into 182 performance-based contracts with qualified individuals, 183 agencies, or corporations to supply any or all services provided 184 in the reentry program. However, a contract may not be executed 185 or renewed unless the contract offers a substantial savings to 186 the department. The department may establish a system of 187 incentives in order to promote participation by private-sector 188 employers in the rehabilitative reentry programs and the orderly 189 operation of institutions and facilities. 190 (8) NO RIGHTS CONFERRED UPON INMATES.—This section does not 191 create or confer any right to an inmate to placement in the 192 reentry program or any right to placement or early release under 193 supervision of any type. An inmate does not have a cause of 194 action against the department, a court, the state attorney, or a 195 victim related to the reentry program. 196 (9) REPORTING.— 197 (a) The department shall develop a computerized system to 198 track recidivism and recommitment of inmates who have 199 participated in the reentry program. Beginning October 1, 2011, 200 and on October 1 of each succeeding year, the department shall 201 submit an annual report of the results of the collected data to 202 the Governor, the President of the Senate, and the Speaker of 203 the House of Representatives. 204 (b) The Office of Program Policy Analysis and Government 205 Accountability shall review the reentry program and report its 206 findings to the President of the Senate and the Speaker of the 207 House of Representatives before the commencement of the 2011 208 legislative session. 209 (10) RULEMAKING.—The department may adopt rules to 210 administer the reentry program. 211 Section 2. This act shall take effect July 1, 2010.