Florida Senate - 2011                                    SB 1938
       
       
       
       By Senator Evers
       
       
       
       
       2-01138-11                                            20111938__
    1                        A bill to be entitled                      
    2         An act relating to corrections; providing short
    3         titles; providing for an alternative to adjudication
    4         for alleged adult nonviolent offenders meeting
    5         specified requirements; providing requirements for
    6         alternative adjudication programs; providing
    7         requirements for phase one of the program; providing
    8         for an offender receiving a high school diploma or the
    9         equivalent; requiring successful completion of a basic
   10         training course; providing for phase two of the
   11         program; providing for job skills training; providing
   12         for phase three of the program; providing for earning
   13         money for victim restitution; providing requirements
   14         for restitution payments; providing for employment
   15         placement; providing for release and withholding of
   16         adjudication; providing an effective date.
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. This act may be cited as the “Prison Reform and
   21  Recidivism Reduction Act” or as the “Don’t Come Back Act.”
   22         Section 2. Adult nonviolent alternative adjudication.—
   23         (1)(a) REQUIREMENTS.—An alleged adult offender charged with
   24  a felony, other than a felony offense listed in s.
   25  775.084(1)(b), (c), or (d), Florida Statutes, may request an
   26  alternative to adjudication under this section if the offender
   27  has not made a plea bargain in the case and has never received
   28  an alternative adjudication under this section.
   29         (b) An alternative adjudication program under this section
   30  must be completed prior to the offender’s release. All phases of
   31  the program must be conducted in single-sex facilities.
   32         (2) PHASE 1-BASIC TRAINING SCHOOL.—This phase of the
   33  program must occur in a correctional facility that is configured
   34  as a dedicated school for education and basic training with
   35  dormitory facilities.
   36         (a) If the offender has not received a high school diploma
   37  or an equivalent, he or she must receive a high school diploma
   38  or the equivalent.
   39         (b) The offender must successfully complete a basic
   40  training course for behavioral self-discipline, development of
   41  faith, personal hygiene, dress, and other basic life-training
   42  skills.
   43         (c) Upon completion, the graduate shall receive a high
   44  school diploma or an equivalent and may apply to enter phase 2.
   45         (3) PHASE 2-ADVANCED TRAINING CURRICULUM.—This phase of the
   46  program must occur in a correctional facility that is configured
   47  as an advanced training campus for specifically needed job
   48  skills, so that each separate advanced training campus is
   49  developed around a specific category of job skills, which may
   50  include, but are not limited to, technical training, science and
   51  industry, medical and health care, aircraft and yacht
   52  construction and maintenance, railroading, and agriculture. Each
   53  advanced training campus shall be limited to a few specific
   54  groups of related training disciplines. Upon completion of this
   55  phase, each graduate shall receive job skill certification and
   56  may apply to enter phase 3.
   57         (4) PHASE 3-ECONOMIC INCUBATION; ANTI-RECIDIVISM AND
   58  RELEASE.—
   59         (a) During this phase, those who have completed the first
   60  two phases shall begin to earn money for restitution to victims.
   61  Completed work shall be marketed and value assigned and
   62  disbursed to victims who have suffered monetary loss due to the
   63  offender.
   64         (b) The offender shall be required to accurately account
   65  for money disbursed, which may include computer spreadsheet
   66  preparation, check disbursement, and account balancing.
   67         (c) A offender may not use his or her own money or that of
   68  others to pay restitution.
   69         (d) In order to complete this phase and initiate release,
   70  the offender must pay full restitution pursuant to s. 775.089,
   71  Florida Statutes.
   72         (e) During this phase, the program shall initiate
   73  employment placement efforts on behalf of the offender in
   74  anticipation of his or her upcoming release.
   75         (f) Upon completion of this phase, the offender shall be
   76  released with adjudication withheld.
   77         Section 3. This act shall take effect July 1, 2011.