| 1 | A bill to be entitled |
| 2 | An act relating to prison diversion programs; amending s. |
| 3 | 921.00241, F.S.; increasing the number of Criminal |
| 4 | Punishment Code scoresheet total sentence points that an |
| 5 | offender may have and be eligible for a prison diversion |
| 6 | program; authorizing the court to sentence an offender in |
| 7 | a prison diversion program to serve a jail term not to |
| 8 | exceed 90 days; providing that a prison diversion program |
| 9 | may require electronic monitoring; providing an effective |
| 10 | date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Paragraph (b) of subsection (1) and subsection |
| 15 | (2) of section 921.00241, Florida Statutes, are amended to read: |
| 16 | 921.00241 Prison diversion program.- |
| 17 | (1) Notwithstanding s. 921.0024 and effective for offenses |
| 18 | committed on or after July 1, 2009, a court may divert from the |
| 19 | state correctional system an offender who would otherwise be |
| 20 | sentenced to a state facility by sentencing the offender to a |
| 21 | nonstate prison sanction as provided in subsection (2). An |
| 22 | offender may be sentenced to a nonstate prison sanction if the |
| 23 | offender meets all of the following criteria: |
| 24 | (b) The offender's total sentence points score, as |
| 25 | provided in s. 921.0024, is not more than 60 48 points, or the |
| 26 | offender's total sentence points score is 66 54 points and 6 of |
| 27 | those points are for a violation of probation, community |
| 28 | control, or other community supervision, and do not involve a |
| 29 | new violation of law. |
| 30 | (2) If the court elects to impose a sentence as provided |
| 31 | in this section, the court shall sentence the offender to a term |
| 32 | of imprisonment in a jail not to exceed 90 days, probation, |
| 33 | community control, or community supervision with mandatory |
| 34 | participation in a prison diversion program of the Department of |
| 35 | Corrections if such program is funded and exists in the judicial |
| 36 | circuit in which the offender is sentenced. The prison diversion |
| 37 | program shall be designed to meet the unique needs of each |
| 38 | judicial circuit and of the offender population of that circuit. |
| 39 | The program may require electronic monitoring, residential, |
| 40 | nonresidential, or day-reporting requirements; substance abuse |
| 41 | treatment; employment; restitution; academic or vocational |
| 42 | opportunities; or community service work. |
| 43 | Section 2. This act shall take effect July 1, 2011. |