1 | A bill to be entitled |
2 | An act relating to inmate reentry; defining the terms |
3 | "department" and "nonviolent offender"; directing the |
4 | Department of Corrections to develop and administer a |
5 | reentry program for nonviolent offenders which is |
6 | intended to divert nonviolent offenders from long |
7 | periods of incarceration; requiring that the program |
8 | include intensive substance abuse treatment and |
9 | rehabilitative programming; providing for the minimum |
10 | length of service in the program; providing that any |
11 | portion of a sentence before placement in the program |
12 | does not count as progress toward program completion; |
13 | specifying eligibility criteria for a nonviolent |
14 | offender to be placed into the reentry program; |
15 | directing the department to notify the nonviolent |
16 | offender's sentencing court to obtain approval before |
17 | the nonviolent offender is placed into the reentry |
18 | program; requiring the department to notify the state |
19 | attorney; authorizing the state attorney to file |
20 | objections to placing the offender into the reentry |
21 | program within a specified period; requiring the |
22 | sentencing court to notify the department of the |
23 | court's decision to approve or disapprove the |
24 | requested placement within a specified period; |
25 | providing that failure of the court to timely notify |
26 | the department of the court's decision constitutes |
27 | approval by the requested placement; requiring the |
28 | nonviolent offender to undergo an education assessment |
29 | and a full substance abuse assessment if admitted into |
30 | the reentry program; requiring the offender to be |
31 | enrolled in an adult education program in specified |
32 | circumstances; requiring that assessments of |
33 | vocational skills and future career education be |
34 | provided to the offender; requiring that certain |
35 | reevaluation be made periodically; providing that the |
36 | nonviolent offender is subject to the disciplinary |
37 | rules of the department; specifying the reasons for |
38 | which the offender may be terminated from the reentry |
39 | program; requiring that the department submit a report |
40 | to the sentencing court at least 30 days before the |
41 | nonviolent offender is scheduled to complete the |
42 | reentry program; setting forth the issues to be |
43 | addressed in the report; requiring the sentencing |
44 | court to issue an order modifying the sentence imposed |
45 | and place the nonviolent offender on drug offender |
46 | probation if the nonviolent offender's performance is |
47 | satisfactory; authorizing the court to revoke |
48 | probation and impose the original sentence in |
49 | specified circumstances; authorizing the court to |
50 | require the offender to complete a postadjudicatory |
51 | drug court program in specified circumstances; |
52 | directing the department to implement the reentry |
53 | program using available resources; requiring the |
54 | department to submit an annual report to the Governor |
55 | and Legislature detailing the extent of implementation |
56 | of the reentry program and outlining future goals and |
57 | recommendations; authorizing the department to enter |
58 | into contracts with qualified individuals, agencies, |
59 | or corporations for services for the reentry program; |
60 | authorizing the department to impose administrative or |
61 | protective confinement as necessary; authorizing the |
62 | department to establish a system of incentives within |
63 | the reentry program which the department may use to |
64 | promote participation in rehabilitative programs and |
65 | the orderly operation of institutions and facilities; |
66 | providing that the section does not create a right to |
67 | placement in the reentry program or any right to |
68 | placement or early release under supervision of any |
69 | type; providing that the section does not create a |
70 | cause of action related to the program; directing the |
71 | department to develop a system for tracking |
72 | recidivism, including, but not limited to, rearrests |
73 | and recommitment of nonviolent offenders who |
74 | successfully complete the reentry program, and to |
75 | report on recidivism in its annual report of the |
76 | program; directing the department to adopt rules; |
77 | providing an effective date. |
78 |
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79 | Be It Enacted by the Legislature of the State of Florida: |
80 |
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81 | Section 1. Nonviolent offender reentry program.- |
82 | (1) As used in this section, the term: |
83 | (a) "Department" means the Department of Corrections. |
84 | (b) "Nonviolent offender" means an offender who has: |
85 | 1. Been convicted of a third-degree felony offense that is |
86 | not a forcible felony as defined in s. 776.08, Florida Statutes; |
87 | and |
88 | 2. Not been convicted of any offense that requires a |
89 | person to register as a sexual offender pursuant to s. 943.0435, |
90 | Florida Statutes. |
91 | (2)(a) The department shall develop and administer a |
92 | reentry program for nonviolent offenders. The reentry program |
93 | must include prison-based substance abuse treatment, general |
94 | education development and adult basic education courses, |
95 | vocational training, training in decisionmaking and personal |
96 | development, and other rehabilitation programs. |
97 | (b) The reentry program is intended to divert nonviolent |
98 | offenders from long periods of incarceration when a reduced |
99 | period of incarceration followed by participation in intensive |
100 | substance abuse treatment and rehabilitative programming could |
101 | produce the same deterrent effect, rehabilitate the offender, |
102 | and reduce recidivism. |
103 | (c) The nonviolent offender shall serve at least 120 days |
104 | in the reentry program. The offender may not count any portion |
105 | of his or her sentence served before placement in the reentry |
106 | program as progress toward program completion. |
107 | (d) A reentry program may be operated in a secure area in |
108 | or adjacent to an adult institution. |
109 | (3)(a) Upon receiving a potential reentry program |
110 | participant, the department shall screen the nonviolent offender |
111 | for eligibility criteria to participate in the reentry program. |
112 | In order to participate, a nonviolent offender must have served |
113 | at least one-half of his or her original sentence and must have |
114 | been identified as having a need for substance abuse treatment. |
115 | When screening a nonviolent offender, the department shall |
116 | consider the offender's criminal history and the possible |
117 | rehabilitative benefits that substance abuse treatment, |
118 | educational programming, vocational training, and other |
119 | rehabilitative programming might have on the offender. |
120 | (b) If a nonviolent offender meets the eligibility |
121 | criteria and space is available in the reentry program, the |
122 | department shall request the sentencing court to approve the |
123 | offender's participation in the reentry program. |
124 | (c)1. The department shall notify the state attorney that |
125 | the offender is being considered for placement in the reentry |
126 | program. The notice must explain to the state attorney that a |
127 | proposed reduced period of incarceration, followed by |
128 | participation in substance abuse treatment and other |
129 | rehabilitative programming, could produce the same deterrent |
130 | effect otherwise expected from a lengthy incarceration. |
131 | 2. The notice must also state that the state attorney may |
132 | notify the sentencing court in writing of any objection the |
133 | state attorney might have if the nonviolent offender is placed |
134 | in the reentry program. The state attorney must notify the |
135 | sentencing court of his or her objections within 14 days after |
136 | receiving the notice. |
137 | (d) The sentencing court shall notify the department in |
138 | writing of the court's decision to approve or disapprove the |
139 | requested placement of the nonviolent offender no later than 28 |
140 | days after the court receives the department's request to place |
141 | the offender in the reentry program. Failure to notify the |
142 | department of the court's decision within the 28-day period |
143 | constitutes approval to place the offender into the reentry |
144 | program. |
145 | (4) After the nonviolent offender is admitted into the |
146 | reentry program, he or she shall undergo a full substance abuse |
147 | assessment to determine his or her substance abuse treatment |
148 | needs. The offender shall also have an educational assessment, |
149 | which shall be accomplished using the Test of Adult Basic |
150 | Education or any other testing instrument approved by the |
151 | Department of Education. Each offender who has not obtained a |
152 | high school diploma shall be enrolled in an adult education |
153 | program designed to aid the offender in improving his or her |
154 | academic skills and earn a high school diploma. Further |
155 | assessments of the offender's vocational skills and future |
156 | career education shall be provided to the offender as needed. A |
157 | periodic reevaluation shall be made in order to assess the |
158 | progress of each offender. |
159 | (5)(a) If a nonviolent offender in the reentry program |
160 | becomes unmanageable, the department may revoke the offender's |
161 | gain-time and place the offender in disciplinary confinement in |
162 | accordance with department rule. Except as provided in paragraph |
163 | (b), the offender shall be readmitted to the reentry program |
164 | after completing the ordered discipline. Any period of time |
165 | during which the offender is unable to participate in the |
166 | reentry program shall be excluded from the specified time |
167 | requirements in the reentry program. |
168 | (b) The department may terminate an offender from the |
169 | reentry program if: |
170 | 1. The offender commits or threatens to commit a violent |
171 | act; |
172 | 2. The department determines that the offender is unable |
173 | to participate in the reentry program due to the offender's |
174 | medical condition; |
175 | 3. The offender's sentence is modified or expires; |
176 | 4. The department reassigns the offender's classification |
177 | status; or |
178 | 5. The department determines that removing the offender |
179 | from the reentry program is in the best interest of the offender |
180 | or the security of the institution. |
181 | (6)(a) The department shall submit a report to the court |
182 | at least 30 days before the nonviolent offender is scheduled to |
183 | complete the reentry program. The report must describe the |
184 | offender's performance in the reentry program. If the |
185 | performance is satisfactory, the court shall issue an order |
186 | modifying the sentence imposed and place the offender on drug |
187 | offender probation subject to the offender's successful |
188 | completion of the remainder of the reentry program. The term of |
189 | drug offender probation may include placement in a community |
190 | residential or nonresidential substance abuse treatment facility |
191 | under the jurisdiction of the department or the Department of |
192 | Children and Family Services or any public or private entity |
193 | providing such services. If the nonviolent offender violates the |
194 | conditions of drug offender probation, the court may revoke |
195 | probation and impose any sentence that it might have originally |
196 | imposed. |
197 | (b) If an offender being released pursuant to paragraph |
198 | (a) intends to reside in a county that has established a |
199 | postadjudicatory drug court program as described in s. 397.334, |
200 | Florida Statutes, the sentencing court may require the offender |
201 | to successfully complete the postadjudicatory drug court program |
202 | as a condition of drug offender probation. The original |
203 | sentencing court shall relinquish jurisdiction of the offender's |
204 | case to the postadjudicatory drug court program until the |
205 | offender is no longer active in the program, the case is |
206 | returned to the sentencing court due to the offender's |
207 | termination from the program for failure to comply with the |
208 | terms thereof, or the offender's sentence is completed. If |
209 | transferred to a postadjudicatory drug court program, the |
210 | offender shall comply with all conditions and orders of the |
211 | program. |
212 | (7) The department shall implement the reentry program to |
213 | the fullest extent feasible within available resources. |
214 | (8) The department shall submit an annual report to the |
215 | Governor, the President of the Senate, and the Speaker of the |
216 | House of Representatives detailing the extent of implementation |
217 | of the reentry program and outlining future goals and any |
218 | recommendation the department has for future legislative action. |
219 | (9) The department may enter into performance-based |
220 | contracts with qualified individuals, agencies, or corporations |
221 | for the provision of any or all of the services for the reentry |
222 | program. |
223 | (10) A nonviolent offender in the reentry program is |
224 | subject to rules of conduct established by the department and |
225 | may have sanctions imposed, including loss of privileges, |
226 | restrictions, disciplinary confinement, alteration of release |
227 | plans, or other program modifications in keeping with the nature |
228 | and gravity of the program violation. Administrative or |
229 | protective confinement, as necessary, may be imposed. |
230 | (11) This section does not create or confer any right to |
231 | any inmate to placement in the reentry program or any right to |
232 | placement or early release under supervision of any type. No |
233 | inmate may have a cause of action under this section against the |
234 | department, a court, or the state attorney related to the |
235 | reentry program. |
236 | (12) The department may establish a system of incentives |
237 | within the reentry program which the department may use to |
238 | promote participation in rehabilitative programs and the orderly |
239 | operation of institutions and facilities. |
240 | (13) The department shall develop a system for tracking |
241 | recidivism, including, but not limited to, rearrests and |
242 | recommitment of nonviolent offenders who successfully complete |
243 | the reentry program, and shall report the recidivism rate in its |
244 | annual report of the program. |
245 | (14) The department shall adopt rules pursuant to ss. |
246 | 120.536(1) and 120.54, Florida Statutes, to administer the |
247 | reentry program. |
248 | Section 2. This act shall take effect October 1, 2012. |