Florida Senate - 2010 CS for SB 2714 By the Committee on Criminal Justice; and Senator Rich 591-04375A-10 20102714c1 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 develop and implement a reentry program to 5 provide a mechanism by which an eligible, nonviolent 6 offender who has received a conditional split sentence 7 may be transferred into the community through a 8 transitional process; requiring that the program 9 consist of a prison-based treatment reentry program 10 for substance abuse disorders and a community-based 11 substance abuse aftercare treatment and reentry 12 program; providing eligibility criteria for the 13 reentry program; permitting the sentencing judge to 14 sentence an offender who meets the eligibility 15 requirements to a conditional split sentence; 16 providing for the last year of the prison sentence to 17 be suspended and for the offender to serve the last 18 year on drug offender probation; requiring that the 19 offender must serve at least 85 percent of the 20 incarcerative portion of the sentence; providing for 21 terms and conditions of probation; providing that an 22 offender who does not complete the in-prison treatment 23 program to remain incarcerated; requiring the 24 probation order to authorize transfer of the 25 offender’s case to the drug court in the county where 26 the offender is sentenced; requiring a written order 27 documenting acceptance of the offender by the drug 28 court; providing that the drug court judge is deemed 29 to be the sentencing judge; providing for revocation 30 of supervision if the offender violates the terms and 31 conditions of probation; providing for an offender 32 whose probation is revoked to lose accumulated gain 33 time and to return to prison to complete the sentence; 34 requiring the department to establish criteria for 35 participation in the reentry program; providing the 36 department’s responsibilities; directing the 37 department to prepare a postrelease treatment plan; 38 authorizing the department to develop performance 39 based contracts to supply services to the reentry 40 program; permitting the department to establish a 41 system of incentives to promote participation by 42 private-sector employers in rehabilitative reentry 43 programs; directing the department to track recidivism 44 and recommitment of inmates who have participated in 45 the reentry program; requiring a report to the 46 Governor and Legislature; requiring a review and 47 report by the Office of Program Policy Analysis and 48 Government Accountability; authorizing rulemaking; 49 providing an effective date. 50 51 Be It Enacted by the Legislature of the State of Florida: 52 53 Section 1. Section 397.755, Florida Statutes, is created to 54 read: 55 397.755 Reentry program.— 56 (1) DEPARTMENT TO DEVELOP REENTRY PROGRAM.—The department 57 shall develop and implement a reentry program for inmates. 58 (a) The reentry program shall provide a mechanism by which 59 an eligible, nonviolent offender who has received a conditional 60 split sentence and for whom the reentry program has been ordered 61 as part of the sentence may be transferred into the community 62 during the last year of his or her sentence. 63 (b) The reentry program must consist of two parts: 64 1. A prison-based treatment reentry program for substance 65 abuse disorders for a minimum of 90 days; and 66 2. A community-based substance abuse aftercare treatment 67 program and reentry program. 68 (c) The in-prison component may be operated in a secure 69 area in or adjacent to an adult institution, a community 70 residential center, or a work release center. 71 (2) ELIGIBILITY.— 72 (a) An inmate is eligible for placement in the reentry 73 program if, whether related to the present conviction or a 74 previous conviction, the inmate has not been convicted of, or 75 pled guilty or nolo contendere to: 76 1. A capital, life, or first-degree felony; 77 2. A sexual offense listed in s. 943.0435(1)(a)1.a.(I); 78 3. A forcible felony offense that is specifically set forth 79 in s. 776.08, except burglary under s. 810.02(4); 80 4. An offense for which the sentence was enhanced pursuant 81 to s. 784.07 or s. 785.087; 82 5. A felony offense listed in s. 775.084(1)(c)1.; 83 6. Violation of s. 827.03(1) or (2); 84 7. Violation of s. 825.102(1) or (2); 85 8. Violation of s. 843.01; 86 9. Any offense in another jurisdiction which would be an 87 offense described in subparagraphs 1.-8. if that offense had 88 been committed in this state; or 89 10. The offender otherwise meets the criteria for placement 90 as determined by the department. 91 (3) JUDICIAL ROLE IN THE REENTRY PROGRAM.— 92 (a) The sentencing court may, at its discretion and 93 notwithstanding other sentencing laws, order the offender who 94 satisfies the offense history requirements in subsection (2) to 95 participate in the reentry program at the time of sentencing by 96 imposing a conditional split sentence. The court shall consider 97 any statement of the victim in making its decision. 98 (b) A conditional split sentence ordered pursuant to this 99 section shall consist of a term of imprisonment, the last year 100 of which is suspended and the offender placed on probation with 101 specified terms and conditions. The offender may not be placed 102 on probation unless, with the approval of the department, he or 103 she participates in and completes the in-prison treatment 104 program. The offender must serve at least 85 percent of the 105 incarceration component of the split sentence before being 106 released to supervision. If the offender does not complete the 107 in-prison treatment program, the last year of the sentence 108 remains part of the term of imprisonment to be served while 109 incarcerated. The offender must serve at least 85 percent of the 110 total term of imprisonment. 111 (c) The probation order, as part of the original 112 conditional split sentence, shall include: 113 1. The standard conditions of drug offender probation under 114 s. 948.20; 115 2. The standard condition that the offender pay the cost of 116 supervision and rehabilitation under s. 948.09, court costs, and 117 fines, if the offender is able to do so; and 118 3. Any special conditions ordered by the court. 119 (d) The probation order must also authorize the transfer of 120 the case to the drug court located in the county of the 121 sentencing court upon the offender being released to 122 supervision. If the drug court accepts the case in a written 123 order, the drug court judge shall be deemed to be the sentencing 124 judge for purposes of ensuring compliance with the probation 125 order, revocation of the probation order, and resentencing the 126 offender. The department is responsible for obtaining a written 127 order from the drug court accepting jurisdiction over the case 128 prior to the offender being released to supervision. If the 129 county does not have a drug court, or if the drug court does not 130 accept the case, the department shall supervise the offender in 131 accordance with the order of probation. 132 (e) If the offender violates the terms and conditions of 133 the probation order while under supervision, the court may 134 revoke the probation order and return the offender to prison to 135 serve the suspended 1 year of the sentence with credit only for 136 any time incarcerated between the date of release to supervision 137 and the date of resentencing. If the offender is returned to 138 prison, the gain-time earned prior to release to supervision is 139 deemed forfeited pursuant to s. 944.28(1), and the offender 140 shall serve that time as well. This subsection does not deprive 141 the offender of the right to earn additional gain-time, as 142 provide by law, from the date of the offender’s return to 143 prison. 144 (4) THE ROLE OF THE DEPARTMENT IN THE REENTRY PROGRAM.— 145 (a) The department shall implement the reentry program to 146 the fullest extent feasible within the terms of this section and 147 available resources. 148 (b) The department shall establish the criteria for 149 offenders to participate in the reentry program. 150 (c) If an offender receives a conditional split sentence 151 under subsection (3), the department shall: 152 1. Determine the offender’s eligibility to participate in 153 the reentry program. The department shall consider the inmate’s 154 criminal history, need for substance abuse treatment, general 155 rehabilitative interests, and the potential risk that the 156 offender presents to the public. The department may also 157 consider the operational needs of the department. 158 2. Obtain the offender’s written consent to participate in 159 the program and agreement to accept the responsibilities of 160 participating in the program and the consequences of not 161 completing the program. There is no right to participate in the 162 reentry program. Offenders in the reentry program are subject to 163 the same rules of conduct as are other offenders. 164 3. Place the offender in a prison-based treatment program 165 for substance abuse disorders for a minimum of 90 days. 166 4. Evaluate the offender’s needs for community placement 167 and develop a postrelease treatment plan that includes substance 168 abuse aftercare services and reentry services, in accordance 169 with the terms and conditions of the probation order. 170 5. Determine whether the offender has successfully 171 completed the in-prison treatment program. 172 6. If the offender has successfully completed the in-prison 173 treatment program, release the offender to serve the last year 174 of the conditional split sentence on probation, in accordance 175 with the terms and conditions of the probation order. 176 (5) CONTRACTORS.—The department may develop and enter into 177 performance-based contracts with qualified individuals, 178 agencies, or corporations to supply any or all services provided 179 in the reentry program. However, a contract may not be executed 180 or renewed unless the contract offers a substantial savings to 181 the department. The department may establish a system of 182 incentives in order to promote participation by private-sector 183 employers in the rehabilitative reentry programs and the orderly 184 operation of institutions and facilities. 185 (6) REPORTING.— 186 (a) The department shall develop a computerized system to 187 track recidivism and recommitment of inmates who have 188 participated in the reentry program. Beginning October 1, 2013, 189 and on October 1 of each succeeding year, the department shall 190 submit an annual report of the results of the collected data to 191 the Governor, the President of the Senate, and the Speaker of 192 the House of Representatives. 193 (b) The Office of Program Policy Analysis and Government 194 Accountability shall review the reentry program and report its 195 findings to the President of the Senate and the Speaker of the 196 House of Representatives before the commencement of the 2013 197 legislative session. 198 (7) RULEMAKING.—The department may adopt rules pursuant to 199 ss. 120.536(1) and 120.54 to implement the provisions of this 200 section. 201 Section 2. This act shall take effect July 1, 2010.