Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1334
       
       
       
       
       
       
                                Barcode 474904                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/28/2011           .                                
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       The Committee on Criminal Justice (Dockery) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 612 and 613
    4  insert:
    5         Section 2. Section 945.091, Florida Statutes, is amended to
    6  read:
    7         945.091 Extension of the limits of confinement; supervised
    8  reentry; restitution by employed inmates.—
    9         (1) The department may adopt rules permitting the extension
   10  of the limits of the place of confinement of an inmate as to
   11  whom there is reasonable cause to believe that the inmate will
   12  honor his or her trust by authorizing the inmate, under
   13  prescribed conditions and following investigation, risk
   14  assessment, and approval by the secretary, or the secretary’s
   15  designee, who shall maintain a written record of such action, to
   16  leave the confines of that place unaccompanied by a custodial
   17  agent for a prescribed period of time to:
   18         (a) Visit, for a specified period, a specifically
   19  designated place or places:
   20         1. For the purpose of visiting a dying relative, attending
   21  the funeral of a relative, or arranging for employment or for a
   22  suitable residence for use when released;
   23         2. To otherwise aid in the rehabilitation of the inmate and
   24  his or her successful transition into the community; or
   25         3. For another compelling reason consistent with the public
   26  interest,
   27  
   28  and return to the same or another institution or facility
   29  designated by the department Department of Corrections.
   30         (b) Work at paid employment, participate in an education or
   31  a training program, or voluntarily serve a public or nonprofit
   32  agency or faith-based service group in the community, while
   33  continuing as an inmate of the institution or facility in which
   34  the inmate is confined, except during the hours of his or her
   35  employment, education, training, or service and traveling
   36  thereto and therefrom. An inmate may travel to and from his or
   37  her place of employment, education, or training only by means of
   38  walking, bicycling, or using public transportation or
   39  transportation that is provided by a family member or employer.
   40  Contingent upon specific appropriations, the department may
   41  transport an inmate in a state-owned vehicle if the inmate is
   42  unable to obtain other means of travel to his or her place of
   43  employment, education, or training.
   44         1. An inmate may participate in paid employment only during
   45  the last 36 months of his or her confinement, unless sooner
   46  requested by the Parole Commission or the Control Release
   47  Authority. To the extent possible, the department shall place
   48  inmates in the community to perform paid employment.
   49         2. While working at paid employment and residing in the
   50  facility, an inmate may apply for placement at a contracted
   51  substance abuse transition housing program. The transition
   52  assistance specialist shall inform the inmate of program
   53  availability and assess the inmate’s need and suitability for
   54  transition housing assistance. If an inmate is approved for
   55  placement, the specialist shall assist the inmate. If an inmate
   56  requests and is approved for placement in a contracted faith
   57  based substance abuse transition housing program, the specialist
   58  must consult with the chaplain before prior to such placement.
   59  The department shall ensure that an inmate’s faith orientation,
   60  or lack thereof, will not be considered in determining admission
   61  to a faith-based program and that the program does not attempt
   62  to convert an inmate toward a particular faith or religious
   63  preference.
   64         (c) Participate in a residential or nonresidential
   65  rehabilitative program operated by a public or private nonprofit
   66  agency, including faith-based service groups, with which the
   67  department has contracted for the treatment of the such inmate.
   68  Sections The provisions of ss. 216.311 and 287.057 shall apply
   69  to all contracts between the department and any private entity
   70  providing such services. The department shall require the such
   71  agency to provide appropriate supervision of inmates
   72  participating in the such program. The department is authorized
   73  to terminate any inmate’s participation in the program if the
   74  such inmate fails to demonstrate satisfactory progress in the
   75  program as established by departmental rules.
   76         (d) Participate in a supervised reentry program in which
   77  the inmate is housed in the community while working at paid
   78  employment or participating in other programs that are approved
   79  by the department. The inmate shall reside at a department
   80  approved residence while retaining status as an inmate in the
   81  supervised reentry program.
   82         1. An inmate may participate in the supervised reentry
   83  program only during the last 14 months of his or her
   84  confinement.
   85         2. An inmate may participate in the supervised reentry
   86  program only after residing at a work release center for at
   87  least 6 months.
   88         3. Supervised reentry program participants must comply with
   89  reporting, drug testing, and other requirements established by
   90  the department.
   91         4. An inmate who fails to abide by the conditions set forth
   92  in the supervised reentry program is subject to removal from the
   93  program and to disciplinary action.
   94         5. An inmate in the supervised reentry program may travel
   95  to and from his or her department-approved activities only by
   96  means of transportation approved by the department.
   97         6. The inmate must pay the department for the cost of his
   98  or her supervision in accordance with rules set forth by the
   99  department. The inmate shall also pay the cost of any treatment
  100  program in which he or she is participating.
  101         7. An inmate is subject to the rules of conduct established
  102  by the department and, after a violation, may have sanctions
  103  imposed against him or her, including loss of privileges,
  104  restrictions, disciplinary confinement, forfeiture of gain-time
  105  or the right to earn gain-time in the future, and program
  106  termination.
  107         8. An inmate participating in the supervised reentry
  108  program may not be included in the bed count for purposes of
  109  determining total capacity as defined in s. 944.023(1).
  110         9. The department shall adopt rules for the operation of
  111  the supervised reentry program.
  112         (2) In order for participating inmates to acquire
  113  meaningful work skills and develop an employment history, the
  114  department is encouraged to approve an inmate’s participation in
  115  paid employment programs under paragraphs (1)(b)-(d) in such a
  116  manner that the inmate moves into the community not less than 6
  117  months before the expiration of the inmate’s sentence.
  118         (3)(2) Each inmate who demonstrates college-level aptitudes
  119  by satisfactory evidence of successful completion of college
  120  level academic coursework may be provided the opportunity to
  121  participate in college-level academic programs that which may be
  122  offered at community colleges or universities. The inmate is
  123  personally responsible for the payment of all student fees
  124  incurred.
  125         (4)(3) The department may adopt regulations as to the
  126  eligibility of inmates for the extension of confinement, the
  127  disbursement of any earnings of these inmates, or the entering
  128  into of agreements between itself and any city or county or
  129  federal agency for the housing of these inmates in a local place
  130  of confinement. However, a no person convicted of sexual battery
  131  pursuant to s. 794.011 is not eligible for any extension of the
  132  limits of confinement under this section.
  133         (5)(4) The willful failure of an inmate to remain within
  134  the extended limits of his or her confinement or to return
  135  within the time prescribed to the place of confinement
  136  designated by the department is shall be deemed as an escape
  137  from the custody of the department and is shall be punishable as
  138  prescribed by law.
  139         (6)(5)The provisions of This section does shall not be
  140  deemed to authorize any inmate who has been convicted of any
  141  murder, manslaughter, sexual battery, robbery, arson, aggravated
  142  assault, aggravated battery, kidnapping, escape, breaking and
  143  entering with intent to commit a felony, or aircraft piracy, or
  144  any attempt to commit the aforementioned crimes, to attend any
  145  classes at any state community college or any university that
  146  which is a part of the State University System.
  147         (7)(6)(a) The department shall require inmates working at
  148  paid employment as provided in paragraph (1)(b) or paragraph
  149  (1)(d) to use a portion of the employment proceeds to provide
  150  restitution to the aggrieved party for the damage or loss caused
  151  by the offense of the inmate, in an amount to be determined by
  152  the department, unless the department finds clear and compelling
  153  reasons not to order such restitution. If restitution or partial
  154  restitution is not ordered, the department shall state on the
  155  record in detail the reasons therefor.
  156         (b) An offender who is required to provide restitution or
  157  reparation may petition the circuit court to amend the amount of
  158  restitution or reparation required or to revise the schedule of
  159  repayment established by the department or the Parole
  160  Commission.
  161         (8)(7) The department shall document and account for all
  162  forms for disciplinary reports for inmates placed on extended
  163  limits of confinement, which shall include, but are not be
  164  limited to, all violations of rules of conduct, the rule or
  165  rules violated, the nature of punishment administered, the
  166  authority ordering such punishment, and the duration of time
  167  during which the inmate was subjected to confinement.
  168         (9)(8)(a) The department may is authorized to levy fines
  169  only through disciplinary reports and only against inmates
  170  placed on extended limits of confinement. Major and minor
  171  infractions and their respective punishments for inmates placed
  172  on extended limits of confinement shall be defined by the rules
  173  of the department, provided that a any fine may shall not exceed
  174  $50 for each infraction deemed to be minor and $100 for each
  175  infraction deemed to be major. Such fines shall be deposited in
  176  the General Revenue Fund, and a receipt shall be given to the
  177  inmate.
  178         (b) When the chief correctional officer determines that a
  179  fine would be an appropriate punishment for a violation of the
  180  rules of the department, both the determination of guilt and the
  181  amount of the fine shall be determined by the disciplinary
  182  committee pursuant to the method prescribed in s. 944.28(2)(c).
  183         (c) The department shall adopt develop rules defining the
  184  policies and procedures for the administering of such fines.
  185  
  186  ================= T I T L E  A M E N D M E N T ================
  187         And the title is amended as follows:
  188         Delete lines 2 - 5
  189  and insert:
  190         An act relating to criminal justice; amending s.
  191         893.135, F.S.; removing all references to imposing
  192         mandatory minimum sentences for defendants convicted
  193         of trafficking in controlled substances; amending s.
  194         945.091, F.S.; providing legislative intent to
  195         encourage the Department of Corrections, to the extent
  196         possible, to place inmates in the community to perform
  197         paid employment for community work; providing that an
  198         inmate may leave the confinement of prison to
  199         participate in a supervised reentry program in which
  200         the inmate is housed in the community while working at
  201         paid employment or participating in other programs
  202         that are approved by the department; requiring the
  203         inmate to live at a department-approved residence
  204         while participating in the supervised reentry program;
  205         specifying the conditions for participating in the
  206         supervised reentry program; requiring that the
  207         department adopt rules to operate the supervised
  208         reentry program; providing legislative intent to
  209         encourage the department to place inmates in paid
  210         employment in the community for not less than 6 months
  211         before the inmate’s sentence expires; defining the