Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1390
                                Barcode 798556                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/13/2011           .                                

       The Committee on Budget Subcommittee on Criminal and Civil
       Justice Appropriations (Joyner) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 105 - 197
    4  and insert:
    5         2. Supervised reentry program participants must comply with
    6  reporting, drug testing, and other requirements established by
    7  the department.
    8         3. An inmate who fails to abide by the conditions set forth
    9  in the supervised reentry program is subject to removal from the
   10  program and to disciplinary action.
   11         4. An inmate in the supervised reentry program may travel
   12  to and from his or her department-approved activities only by
   13  means of transportation approved by the department.
   14         5. The inmate must pay the department for the cost of his
   15  or her supervision in accordance with rules set forth by the
   16  department. The inmate shall also pay the cost of any treatment
   17  program in which he or she is participating.
   18         6. An inmate is subject to the rules of conduct established
   19  by the department and, after a violation, may have sanctions
   20  imposed against him or her, including loss of privileges,
   21  restrictions, disciplinary confinement, forfeiture of gain-time
   22  or the right to earn gain-time in the future, and program
   23  termination.
   24         7. An inmate participating in the supervised reentry
   25  program may not be included in the bed count for purposes of
   26  determining total capacity as defined in s. 944.023(1).
   27         8. The department shall adopt rules for the operation of
   28  the supervised reentry program.
   29         (2) Each inmate who demonstrates college-level aptitudes by
   30  satisfactory evidence of successful completion of college-level
   31  academic coursework may be provided the opportunity to
   32  participate in college-level academic programs that which may be
   33  offered at community colleges or universities. The inmate is
   34  personally responsible for the payment of all student fees
   35  incurred.
   36         (3) The department may adopt regulations as to the
   37  eligibility of inmates for the extension of confinement, the
   38  disbursement of any earnings of these inmates, or the entering
   39  into of agreements between itself and any city or county or
   40  federal agency for the housing of these inmates in a local place
   41  of confinement. However, a no person convicted of sexual battery
   42  pursuant to s. 794.011 is not eligible for any extension of the
   43  limits of confinement under this section.
   44         (4) The willful failure of an inmate to remain within the
   45  extended limits of his or her confinement or to return within
   46  the time prescribed to the place of confinement designated by
   47  the department is shall be deemed as an escape from the custody
   48  of the department and is shall be punishable as prescribed by
   49  law.
   50         (5) The provisions of This section does shall not be deemed
   51  to authorize any inmate who has been convicted of any murder,
   52  manslaughter, sexual battery, robbery, arson, aggravated
   53  assault, aggravated battery, kidnapping, escape, breaking and
   54  entering with intent to commit a felony, or aircraft piracy, or
   55  any attempt to commit the aforementioned crimes, to attend any
   56  classes at any state community college or any university that
   57  which is a part of the State University System.
   58         (6)(a) The department shall require inmates working at paid
   59  employment as provided in paragraph (1)(b) or paragraph (1)(d)
   60  to use a portion of the employment proceeds to provide
   61  restitution to the aggrieved party for the damage or loss caused
   62  by the offense of the inmate, in an amount to be determined by
   63  the department, unless the department finds clear and compelling
   64  reasons not to order such restitution. If restitution or partial
   65  restitution is not ordered, the department shall state on the
   66  record in detail the reasons therefor.
   67         (b) An offender who is required to provide restitution or
   68  reparation may petition the circuit court to amend the amount of
   69  restitution or reparation required or to revise the schedule of
   70  repayment established by the department or the Parole
   71  Commission.
   72         (7) The department shall document and account for all forms
   73  for disciplinary reports for inmates placed on extended limits
   74  of confinement, which shall include, but are not be limited to,
   75  all violations of rules of conduct, the rule or rules violated,
   76  the nature of punishment administered, the authority ordering
   77  such punishment, and the duration of time during which the
   78  inmate was subjected to confinement.
   79         (8)(a) The department may is authorized to levy fines only
   80  through disciplinary reports and only against inmates placed on
   81  extended limits of confinement. Major and minor infractions and
   82  their respective punishments for inmates placed on extended
   83  limits of confinement shall be defined by the rules of the
   84  department, provided that a any fine may shall not exceed $50
   85  for each infraction deemed to be minor and $100 for each
   86  infraction deemed to be major. Such fines shall be deposited in
   87  the General Revenue Fund, and a receipt shall be given to the
   88  inmate.
   90  ================= T I T L E  A M E N D M E N T ================
   91         And the title is amended as follows:
   92         Delete lines 17 - 21
   93  and insert:
   94         operate the supervised reentry program; providing an
   95         effective date.