Florida Senate - 2011                                    SB 1390
       By Senator Dockery
       15-01124-11                                           20111390__
    1                        A bill to be entitled                      
    2         An act relating to supervised reentry programs for
    3         inmates; amending s. 945.091, F.S.; providing
    4         legislative intent to encourage the Department of
    5         Corrections, to the extent possible, to place inmates
    6         in the community to perform paid employment for
    7         community work; providing that an inmate may leave the
    8         confinement of prison to participate in a supervised
    9         reentry program in which the inmate is housed in the
   10         community while working at paid employment or
   11         participating in other programs that are approved by
   12         the department; requiring the inmate to live at a
   13         department-approved residence while participating in
   14         the supervised reentry program; specifying the
   15         conditions for participating in the supervised reentry
   16         program; requiring that the department adopt rules to
   17         operate the supervised reentry program; providing
   18         legislative intent to encourage the department to
   19         place inmates in paid employment in the community for
   20         not less than 6 months before the inmate’s sentence
   21         expires; providing an effective date.
   23  Be It Enacted by the Legislature of the State of Florida:
   25         Section 1. Section 945.091, Florida Statutes, is amended to
   26  read:
   27         945.091 Extension of the limits of confinement; supervised
   28  reentry; restitution by employed inmates.—
   29         (1) The department may adopt rules permitting the extension
   30  of the limits of the place of confinement of an inmate as to
   31  whom there is reasonable cause to believe that the inmate will
   32  honor his or her trust by authorizing the inmate, under
   33  prescribed conditions and following investigation, risk
   34  assessment, and approval by the secretary, or the secretary’s
   35  designee, who shall maintain a written record of such action, to
   36  leave the confines of that place unaccompanied by a custodial
   37  agent for a prescribed period of time to:
   38         (a) Visit, for a specified period, a specifically
   39  designated place or places:
   40         1. For the purpose of visiting a dying relative, attending
   41  the funeral of a relative, or arranging for employment or for a
   42  suitable residence for use when released;
   43         2. To otherwise aid in the rehabilitation of the inmate and
   44  his or her successful transition into the community; or
   45         3. For another compelling reason consistent with the public
   46  interest,
   48  and return to the same or another institution or facility
   49  designated by the department Department of Corrections.
   50         (b) Work at paid employment, participate in an education or
   51  a training program, or voluntarily serve a public or nonprofit
   52  agency or faith-based service group in the community, while
   53  continuing as an inmate of the institution or facility in which
   54  the inmate is confined, except during the hours of his or her
   55  employment, education, training, or service and traveling
   56  thereto and therefrom. An inmate may travel to and from his or
   57  her place of employment, education, or training only by means of
   58  walking, bicycling, or using public transportation or
   59  transportation that is provided by a family member or employer.
   60  Contingent upon specific appropriations, the department may
   61  transport an inmate in a state-owned vehicle if the inmate is
   62  unable to obtain other means of travel to his or her place of
   63  employment, education, or training.
   64         1. An inmate may participate in paid employment only during
   65  the last 36 months of his or her confinement, unless sooner
   66  requested by the Parole Commission or the Control Release
   67  Authority. To the extent possible, the department shall place
   68  inmates in the community to perform paid employment.
   69         2. While working at paid employment and residing in the
   70  facility, an inmate may apply for placement at a contracted
   71  substance abuse transition housing program. The transition
   72  assistance specialist shall inform the inmate of program
   73  availability and assess the inmate’s need and suitability for
   74  transition housing assistance. If an inmate is approved for
   75  placement, the specialist shall assist the inmate. If an inmate
   76  requests and is approved for placement in a contracted faith
   77  based substance abuse transition housing program, the specialist
   78  must consult with the chaplain before prior to such placement.
   79  The department shall ensure that an inmate’s faith orientation,
   80  or lack thereof, will not be considered in determining admission
   81  to a faith-based program and that the program does not attempt
   82  to convert an inmate toward a particular faith or religious
   83  preference.
   84         (c) Participate in a residential or nonresidential
   85  rehabilitative program operated by a public or private nonprofit
   86  agency, including faith-based service groups, with which the
   87  department has contracted for the treatment of the such inmate.
   88  Sections The provisions of ss. 216.311 and 287.057 shall apply
   89  to all contracts between the department and any private entity
   90  providing such services. The department shall require the such
   91  agency to provide appropriate supervision of inmates
   92  participating in the such program. The department is authorized
   93  to terminate any inmate’s participation in the program if the
   94  such inmate fails to demonstrate satisfactory progress in the
   95  program as established by departmental rules.
   96         (d) Participate in a supervised reentry program in which
   97  the inmate is housed in the community while working at paid
   98  employment or participating in other programs that are approved
   99  by the department. The inmate shall reside at a department
  100  approved residence while retaining status as an inmate in the
  101  supervised reentry program.
  102         1. An inmate may participate in the supervised reentry
  103  program only during the last 14 months of his or her
  104  confinement.
  105         2. An inmate may participate in the supervised reentry
  106  program only after residing at a work release center for at
  107  least 6 months.
  108         3. Supervised reentry program participants must comply with
  109  reporting, drug testing, and other requirements established by
  110  the department.
  111         4. An inmate who fails to abide by the conditions set forth
  112  in the supervised reentry program is subject to removal from the
  113  program and to disciplinary action.
  114         5. An inmate in the supervised reentry program may travel
  115  to and from his or her department-approved activities only by
  116  means of transportation approved by the department.
  117         6. The inmate must pay the department for the cost of his
  118  or her supervision in accordance with rules set forth by the
  119  department. The inmate shall also pay the cost of any treatment
  120  program in which he or she is participating.
  121         7. An inmate is subject to the rules of conduct established
  122  by the department and, after a violation, may have sanctions
  123  imposed against him or her, including loss of privileges,
  124  restrictions, disciplinary confinement, forfeiture of gain-time
  125  or the right to earn gain-time in the future, and program
  126  termination.
  127         8. An inmate participating in the supervised reentry
  128  program may not be included in the bed count for purposes of
  129  determining total capacity as defined in s. 944.023(1).
  130         9. The department shall adopt rules for the operation of
  131  the supervised reentry program.
  132         (2) In order for participating inmates to acquire
  133  meaningful work skills and develop an employment history, the
  134  department is encouraged to approve an inmate’s participation in
  135  paid employment programs under paragraphs (1)(b)-(d) in such a
  136  manner that the inmate moves into the community not less than 6
  137  months before the expiration of the inmate’s sentence.
  138         (3)(2) Each inmate who demonstrates college-level aptitudes
  139  by satisfactory evidence of successful completion of college
  140  level academic coursework may be provided the opportunity to
  141  participate in college-level academic programs that which may be
  142  offered at community colleges or universities. The inmate is
  143  personally responsible for the payment of all student fees
  144  incurred.
  145         (4)(3) The department may adopt regulations as to the
  146  eligibility of inmates for the extension of confinement, the
  147  disbursement of any earnings of these inmates, or the entering
  148  into of agreements between itself and any city or county or
  149  federal agency for the housing of these inmates in a local place
  150  of confinement. However, a no person convicted of sexual battery
  151  pursuant to s. 794.011 is not eligible for any extension of the
  152  limits of confinement under this section.
  153         (5)(4) The willful failure of an inmate to remain within
  154  the extended limits of his or her confinement or to return
  155  within the time prescribed to the place of confinement
  156  designated by the department is shall be deemed as an escape
  157  from the custody of the department and is shall be punishable as
  158  prescribed by law.
  159         (6)(5)The provisions of This section does shall not be
  160  deemed to authorize any inmate who has been convicted of any
  161  murder, manslaughter, sexual battery, robbery, arson, aggravated
  162  assault, aggravated battery, kidnapping, escape, breaking and
  163  entering with intent to commit a felony, or aircraft piracy, or
  164  any attempt to commit the aforementioned crimes, to attend any
  165  classes at any state community college or any university that
  166  which is a part of the State University System.
  167         (7)(6)(a) The department shall require inmates working at
  168  paid employment as provided in paragraph (1)(b) or paragraph
  169  (1)(d) to use a portion of the employment proceeds to provide
  170  restitution to the aggrieved party for the damage or loss caused
  171  by the offense of the inmate, in an amount to be determined by
  172  the department, unless the department finds clear and compelling
  173  reasons not to order such restitution. If restitution or partial
  174  restitution is not ordered, the department shall state on the
  175  record in detail the reasons therefor.
  176         (b) An offender who is required to provide restitution or
  177  reparation may petition the circuit court to amend the amount of
  178  restitution or reparation required or to revise the schedule of
  179  repayment established by the department or the Parole
  180  Commission.
  181         (8)(7) The department shall document and account for all
  182  forms for disciplinary reports for inmates placed on extended
  183  limits of confinement, which shall include, but are not be
  184  limited to, all violations of rules of conduct, the rule or
  185  rules violated, the nature of punishment administered, the
  186  authority ordering such punishment, and the duration of time
  187  during which the inmate was subjected to confinement.
  188         (9)(8)(a) The department may is authorized to levy fines
  189  only through disciplinary reports and only against inmates
  190  placed on extended limits of confinement. Major and minor
  191  infractions and their respective punishments for inmates placed
  192  on extended limits of confinement shall be defined by the rules
  193  of the department, provided that a any fine may shall not exceed
  194  $50 for each infraction deemed to be minor and $100 for each
  195  infraction deemed to be major. Such fines shall be deposited in
  196  the General Revenue Fund, and a receipt shall be given to the
  197  inmate.
  198         (b) When the chief correctional officer determines that a
  199  fine would be an appropriate punishment for a violation of the
  200  rules of the department, both the determination of guilt and the
  201  amount of the fine shall be determined by the disciplinary
  202  committee pursuant to the method prescribed in s. 944.28(2)(c).
  203         (c) The department shall adopt develop rules defining the
  204  policies and procedures for the administering of such fines.
  205         Section 2. This act shall take effect July 1, 2011.