Florida Senate - 2012 CS for SB 2096 By the Committees on Criminal Justice; and Criminal Justice 591-03547-12 20122096c1 1 A bill to be entitled 2 An act relating to community reentry programs; 3 requiring the Department of Corrections to develop an 4 operational plan to implement a community reentry 5 program; requiring that the operational plan describe 6 the necessary facilities, staff, budget, and methods 7 for selecting inmates to participate in the reentry 8 program; providing examples of reentry services; 9 requiring that all inmates who are within 36 months of 10 their release date be considered for participation in 11 the community reentry program; providing criteria to 12 assess the risk of placing an inmate in the reentry 13 program; requiring that an inmate who is selected for 14 participation in the reentry program be transferred 15 into the program no later than 24 months before his or 16 her release date; requiring that the department submit 17 a report and proposed budget request to the Governor 18 and Legislature by a specified date; amending s. 19 945.091, F.S.; deleting a provision limiting the modes 20 of transportation an inmate may use when traveling to 21 and from his or her place of employment, education, or 22 training; deleting a provision requiring a specific 23 appropriation for the Department of Corrections to 24 transport an inmate in a state-owned vehicle; 25 repealing s. 945.0913, F.S., relating to a prohibition 26 on the driving of inmates participating in a work 27 release program in state-owned vehicles; providing an 28 effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1. Community reentry program.— 33 (1)(a) The Department of Corrections shall develop an 34 operational plan to implement a community reentry program for 35 the 2013-2014 fiscal year. 36 (b) At a minimum, the operational plan for the program must 37 describe and document: 38 1. The resources needed for the program, including, but not 39 limited to, specific buildings, grounds, and property that must 40 be obtained or redesignated for residential community reentry 41 facilities and reentry services. 42 2. The placement of facilities and services in specific 43 areas to maximize the opportunity for participating inmates to 44 benefit from being located near where they plan to live after 45 completion of their sentences. 46 3. The additional staff or changes to staff qualifications 47 necessary to operate the program. 48 4. The contracts the program intends to use for private 49 providers who desire to provide a portion of the reentry 50 services and programming to eligible inmates. 51 5. The security staffing plan. 52 6. The programming plan. 53 7. The proposed budget. 54 8. The process and method for selecting an inmate to 55 participate in the program, including any initial screening 56 process, the criteria used in the risk assessment, and any 57 prioritization of placement. 58 9. The changes in law that are necessary to implement the 59 program. 60 (2)(a) The program shall be designed to provide residential 61 care, custody, control, and reentry services to eligible 62 inmates. 63 (b) For the purpose of the program, the reentry services 64 include, but are not limited to, substance abuse treatment, 65 housing assistance, money management training, employment 66 assistance, vocational education, and life skills training. 67 (3) All inmates who are within 36 months of their release 68 date shall be considered for participation in the program. The 69 selection shall be based upon a risk assessment process that 70 includes, but is not limited to, whether: 71 (a) The inmate has potential for rehabilitation and the 72 need for reentry services. 73 (b) The reduction of risk of harm to the community after 74 completion of the inmate’s sentence which would result from his 75 or her participation in the program is outweighed by any risk of 76 harm to the community which would be posed by the inmate while 77 participating in the program. 78 (c) The inmate can be placed in the geographic area where 79 he or she is from, or has family or identified friends, and 80 intends to reside in the area upon release from custody. 81 (4) An inmate who is selected for participation must be 82 transferred into the program not later than 24 months before his 83 or her current release date. An inmate who is already within 24 84 months of his or her current release date when selected must be 85 placed into the program as soon as a position is available. 86 (5) The program may include an existing community work 87 release program established pursuant to s. 945.091, Florida 88 Statutes, as a service provider, but the existing program must 89 provide enhanced reentry services to participating inmates. 90 Section 2. The Department of Corrections shall submit a 91 status report and proposed budget request by December 1, 2012, 92 to the Executive Office of the Governor, the President of the 93 Senate, and the Speaker of the House of Representatives. The 94 report must document the projected number of inmates to be 95 served in the 2013-2014 fiscal year and the funding needed to 96 implement the operational plan. 97 Section 3. Paragraph (b) of subsection (1) of section 98 945.091, Florida Statutes, is amended to read: 99 945.091 Extension of the limits of confinement; restitution 100 by employed inmates.— 101 (1) The department may adopt rules permitting the extension 102 of the limits of the place of confinement of an inmate as to 103 whom there is reasonable cause to believe that the inmate will 104 honor his or her trust by authorizing the inmate, under 105 prescribed conditions and following investigation and approval 106 by the secretary, or the secretary’s designee, who shall 107 maintain a written record of such action, to leave the confines 108 of that place unaccompanied by a custodial agent for a 109 prescribed period of time to: 110 (b) Work at paid employment, participate in an education or 111 a training program, or voluntarily serve a public or nonprofit 112 agency or faith-based service group in the community, while 113 continuing as an inmate of the institution or facility in which 114 the inmate is confined, except during the hours of his or her 115 employment, education, training, or service and traveling 116 thereto and therefrom.An inmate may travel to and from his or117her place of employment, education, or training only by means of118walking, bicycling, or using public transportation or119transportation that is provided by a family member or employer.120Contingent upon specific appropriations, the department may121transport an inmate in a state-owned vehicle if the inmate is122unable to obtain other means of travel to his or her place of123employment, education, or training.124 1. An inmate may participate in paid employment only during 125 the last 36 months of his or her confinement, unless sooner 126 requested by the Parole Commission or the Control Release 127 Authority. 128 2. While working at paid employment and residing in the 129 facility, an inmate may apply for placement at a contracted 130 substance abuse transition housing program. The transition 131 assistance specialist shall inform the inmate of program 132 availability and assess the inmate’s need and suitability for 133 transition housing assistance. If an inmate is approved for 134 placement, the specialist shall assist the inmate. If an inmate 135 requests and is approved for placement in a contracted faith 136 based substance abuse transition housing program, the specialist 137 must consult with the chaplain prior to such placement. The 138 department shall ensure that an inmate’s faith orientation, or 139 lack thereof, will not be considered in determining admission to 140 a faith-based program and that the program does not attempt to 141 convert an inmate toward a particular faith or religious 142 preference. 143 Section 4. Section 945.0913, Florida Statutes, is repealed. 144 Section 5. This act shall take effect July 1, 2012.