Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. CS for SB 448
Barcode 112726
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/02/2012 .
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The Committee on Budget Subcommittee on Criminal and Civil
Justice Appropriations (Bogdanoff) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Nonviolent offender reentry program.—
6 (1) As used in this section, the term:
7 (a) “Department” means the Department of Corrections.
8 (b) “Nonviolent offender” means an offender:
9 1. Whose primary offense is a felony of the third degree or
10 a felony offense described in s. 893.13, Florida Statutes;
11 2. Who has never been convicted of a forcible felony as
12 defined in s. 776.08, Florida Statutes;
13 3. Who has never been convicted of an offense listed in s.
14 775.082(9)(a)1.r., Florida Statutes, without regard to prior
15 incarceration or release;
16 4. Who has never been convicted of an offense described in
17 chapter 847, Florida Statutes, involving a minor or a depiction
18 of a minor;
19 5. Who has never been convicted of an offense described in
20 chapter 827, Florida Statutes;
21 6. Who has never been convicted of any offense described in
22 s. 784.07, s. 784.074, s. 784.075, s. 784.076, s. 784.08, s.
23 784.083 or s. 784.085, Florida Statutes;
24 7. Who has never been convicted of any offense involving
25 the possession or use of a firearm;
26 8. Who has never been convicted of a capital felony or a
27 felony of the first or second degree;
28 9. Who has never been convicted of any offense that
29 requires a person to register as a sexual offender pursuant to
30 s. 943.0435, Florida Statutes; and
31 10. Who is not the subject of a domestic violence
32 injunction currently in force.
33 (2)(a) The department shall develop and administer a
34 reentry program for nonviolent offenders. The reentry program
35 must include prison-based substance abuse treatment, general
36 education development and adult basic education courses,
37 vocational training, training in decisionmaking and personal
38 development, and other rehabilitation programs.
39 (b) The reentry program is intended to divert nonviolent
40 offenders from long periods of incarceration when a reduced
41 period of incarceration supplemented by participation in
42 intensive substance abuse treatment and rehabilitative
43 programming could produce the same deterrent effect, protect the
44 public, rehabilitate the offender, and reduce recidivism.
45 (c) The nonviolent offender shall serve at least 6 months
46 in the reentry program. The offender may not count any portion
47 of his or her sentence served before placement in the reentry
48 program as progress toward program completion.
49 (d) A reentry program may be operated in a secure area in
50 or adjacent to an adult institution.
51 (3) The department shall screen offenders committed to the
52 department for eligibility criteria to participate in the
53 reentry program. In order to be eligible, an offender must be a
54 nonviolent offender, must have served at least one-half of his
55 or her original sentence, and must have been identified as
56 having a need for substance abuse treatment.
57 (4) The department shall select eligible offenders for the
58 reentry program. When selecting participants for the reentry
59 program, the department shall be guided in its selection by its
60 evaluation of the following considerations:
61 (a) The offender’s history of disciplinary reports;
62 (b) The offender’s criminal history, with particular
63 scrutiny of any charges for offenses listed in paragraph (1)(b);
64 (c) The severity of the offender’s addiction;
65 (d) The offender’s history of criminal behavior related to
66 substance abuse;
67 (e) Whether the offender has participated or requested to
68 participate in any General Educational Development or other
69 educational, technical, work, vocational, or self-rehabilitation
70 program;
71 (f) The results of any risk assessment of the offender;
72 (g) The outcome of all past participation of the offender
73 in substance abuse treatment programs;
74 (h) The possible rehabilitative benefits that substance
75 abuse treatment, educational programming, vocational training,
76 and other rehabilitative programming might have on the offender;
77 and
78 (i) The likelihood that the offender’s participation in the
79 program will produce the same deterrent effect, protect the
80 public, save taxpayer dollars, and prevent or delay recidivism
81 to an equal or greater extent than completion of the sentence
82 previously imposed.
83 (5)(a) If an offender volunteers to participate in the
84 reentry program, meets the eligibility criteria, is selected by
85 the department based on the considerations in subsection (4),
86 and space is available in the reentry program, the department
87 may request the sentencing court to approve the offender’s
88 participation in the reentry program. The request shall be made
89 in writing and shall include a brief summation of the
90 department’s evaluation under subsection (4) and a recital of
91 the documents or other information upon which the evaluation is
92 based. All documents may be delivered to the sentencing court
93 electronically.
94 (b)1. The department shall notify the state attorney that
95 the offender is being considered for placement in the reentry
96 program. The notice must include a copy of all documents
97 provided with the request to the court. The notice and all
98 documents may be delivered to the state attorney electronically
99 and may take the form of a copy of an electronic delivery to the
100 sentencing court.
101 2. The notice must also state that the state attorney may
102 notify the sentencing court in writing of any objection the
103 state attorney might have if the nonviolent offender is placed
104 in the reentry program. The state attorney must notify the
105 sentencing court of his or her objections within 15 days after
106 receiving the notice. Whether or not an objection is raised, the
107 state attorney may provide to the sentencing court any
108 information supplemental or contrary to the information provided
109 by the department which may assist the court in its
110 determination.
111 (c) When approving a nonviolent offender for participation
112 in the reentry program, the sentencing court may consider any
113 facts the court considers relevant, including, but not limited
114 to:
115 1. The criteria listed in subsection (4);
116 2. The original sentencing report and any evidence admitted
117 in a previous sentencing proceeding;
118 3. The offender’s record of arrests without conviction for
119 crimes, and any other evidence of allegations of unlawful
120 conduct or the use of violence by the offender;
121 4. The offender’s family ties, length of residence in the
122 community, employment history, and mental condition;
123 5. The likelihood that participation in the program will
124 produce the same deterrent effect, rehabilitate the offender,
125 and prevent or delay recidivism to an equal or greater extent
126 than completion of the sentence previously imposed; and
127 6. The likelihood that the offender will engage again in a
128 criminal course of conduct.
129 (d) The sentencing court shall notify the department in
130 writing of the court’s decision to approve or disapprove the
131 requested placement of the nonviolent offender no later than 30
132 days after the court receives the department’s request to place
133 the offender in the reentry program. If the court approves, the
134 notification shall list the factors upon which the court relied
135 in approving the placement. Failure to notify the department of
136 the court’s decision within the 30-day period constitutes
137 disapproval to place the offender into the reentry program.
138 (6) After the nonviolent offender is admitted into the
139 reentry program, he or she shall undergo a full substance abuse
140 assessment to determine his or her substance abuse treatment
141 needs. The offender shall also have an educational assessment,
142 which shall be accomplished using the Test of Adult Basic
143 Education or any other testing instrument approved by the
144 Department of Education. Each offender who has not obtained a
145 high school diploma shall be enrolled in an adult education
146 program designed to aid the offender in improving his or her
147 academic skills and earn a high school diploma. Further
148 assessments of the offender’s vocational skills and future
149 career education shall be provided to the offender as needed. A
150 periodic reevaluation shall be made in order to assess the
151 progress of each offender.
152 (7)(a) If a nonviolent offender in the reentry program
153 becomes unmanageable, the department may revoke the offender’s
154 gain-time and place the offender in disciplinary confinement in
155 accordance with department rule. Except as provided in paragraph
156 (b), the offender shall be readmitted to the reentry program
157 after completing the ordered discipline. Any period of time
158 during which the offender is unable to participate in the
159 reentry program shall be excluded from the specified time
160 requirements in the reentry program.
161 (b) The department may terminate an offender from the
162 reentry program if:
163 1. The offender commits or threatens to commit a violent
164 act;
165 2. The department determines that the offender is unable to
166 participate in the reentry program due to the offender’s medical
167 condition;
168 3. The offender’s sentence is modified or expires;
169 4. The department reassigns the offender’s classification
170 status; or
171 5. The department determines that removing the offender
172 from the reentry program is in the best interest of the offender
173 or the security of the institution.
174 (8)(a) The department shall submit a report to the
175 sentencing court at least 30 days before the nonviolent offender
176 is scheduled to complete the reentry program. The report must
177 describe the offender’s performance in the reentry program and
178 certify whether the performance is satisfactory. If the
179 performance is satisfactory to the department, the court shall
180 hold a hearing to determine:
181 1. Whether the offender’s performance in the reentry
182 program is satisfactory to the court;
183 2. Whether the public safety will be compromised by a
184 modification of sentence; and
185 3. Any appropriate modification of sentence, which may not
186 be less than the minimum punishment required by law at the time
187 of the commission of the offense or offenses for which the
188 offender was sentenced.
189 (b) After consideration of all information available to the
190 court, the court may issue an order modifying the sentence
191 imposed and may place the offender on drug offender probation,
192 as defined in s. 848.20(2), Florida Statutes, subject to the
193 department’s certification of the offender’s successful
194 completion of the remainder of the reentry program. The term of
195 drug offender probation may include placement in a community
196 residential or nonresidential substance abuse treatment facility
197 under the jurisdiction of the department or the Department of
198 Children and Family Services or any public or private entity
199 providing such services. The order shall include findings
200 showing that the requirements for resentencing under this
201 section are satisfied and that the public safety will not be
202 compromised. If the nonviolent offender violates the conditions
203 of drug offender probation, the court may revoke probation and
204 impose any sentence that it might have originally imposed.
205 (c) If an offender being released pursuant to paragraph (b)
206 intends to reside in a county that has established a
207 postadjudicatory drug court program as described in s. 397.334,
208 Florida Statutes, the sentencing court may require the offender
209 to successfully complete the postadjudicatory drug court program
210 as a condition of drug offender probation after considering the
211 county program’s record of helping offenders avoid recidivism.
212 The original sentencing court shall relinquish jurisdiction of
213 the offender’s case to the postadjudicatory drug court program
214 until the offender is no longer active in the program, the case
215 is returned to the sentencing court due to the offender’s
216 termination from the program for failure to comply with the
217 terms thereof, or the offender’s sentence is completed. If
218 transferred to a postadjudicatory drug court program, the
219 offender shall comply with all conditions and orders of the
220 program.
221 (9) The department shall implement the reentry program to
222 the fullest extent feasible within available resources.
223 (10) The department shall submit an annual report to the
224 Governor, the President of the Senate, and the Speaker of the
225 House of Representatives detailing the extent of implementation
226 of the reentry program; the number of participants selected,
227 approved, and successfully completing the program; a reasonable
228 estimate or description of the additional public costs incurred
229 and any public funds saved with respect to each participant; and
230 a brief description of each sentence modification and a brief
231 description of the subsequent criminal history, if any, of each
232 participant following any modification of sentence under this
233 section. The report shall also outline future goals and any
234 recommendation the department has for future legislative action.
235 (11) The department may enter into performance-based
236 contracts with qualified persons, agencies, or corporations to
237 provide any or all of the services for the reentry program;
238 however, an offender may not be released from the custody of the
239 department under this section except pursuant to a judicial
240 order modifying a sentence.
241 (12) A nonviolent offender in the reentry program is
242 subject to rules of conduct established by the department and
243 may have sanctions imposed, including, but not limited to, GPS
244 monitoring, loss of privileges, restrictions, disciplinary
245 confinement, alteration of release plans, or other program
246 modifications in keeping with the nature and gravity of the
247 program violation. Administrative or protective confinement, as
248 necessary, may be imposed.
249 (13) This section does not create or confer any right of
250 any inmate to placement in the reentry program or any right to
251 placement or early release under supervision of any type. An
252 inmate does not have a cause of action under this section
253 against the department, a court, or the state attorney related
254 to the reentry program. This subsection is not severable from
255 the remaining provisions of this section. If this subsection is
256 determined by any state or federal court to be not fully
257 enforceable this section is repealed.
258 (14) The department may establish a system of incentives
259 within the reentry program which the department may use to
260 promote participation in rehabilitative programs and the orderly
261 operation of institutions and facilities.
262 (15) The department shall develop a system for tracking
263 recidivism, including, but not limited to, rearrests and
264 recommitment of nonviolent offenders who successfully complete
265 the reentry program, and shall report the recidivism rate in its
266 annual report of the program.
267 (16) The department shall adopt rules pursuant to ss.
268 120.536(1) and 120.54, Florida Statutes, as are necessary to
269 administer the reentry program.
270 Section 2. This act shall take effect October 1, 2012.
271
272 ================= T I T L E A M E N D M E N T ================
273 And the title is amended as follows:
274
275 Delete everything before the enacting clause
276 and insert:
277 A bill to be entitled
278 An act relating to inmate reentry; defining the terms
279 “department” and “nonviolent offender”; directing the
280 Department of Corrections to develop and administer a
281 reentry program for nonviolent offenders which is
282 intended to divert nonviolent offenders from long
283 periods of incarceration; requiring that the program
284 include intensive substance abuse treatment and
285 rehabilitative programming; providing for the minimum
286 length of service in the program; providing that any
287 portion of a sentence before placement in the program
288 does not count as progress toward program completion;
289 specifying eligibility criteria for a nonviolent
290 offender to be placed into the reentry program;
291 directing the court to screen and select eligible
292 offenders for the program based on specified
293 considerations; directing the department to notify the
294 nonviolent offender’s sentencing court in order to
295 obtain approval before the nonviolent offender is
296 placed into the reentry program; requiring the
297 department to notify the state attorney; authorizing
298 the state attorney to file objections to placing the
299 offender into the reentry program within a specified
300 period; requiring the sentencing court to notify the
301 department of the court’s decision to approve or
302 disapprove the requested placement within a specified
303 period; providing that failure of the court to timely
304 notify the department of the court’s decision
305 constitutes disapproval of the requested placement;
306 requiring the nonviolent offender to undergo an
307 education assessment and a full substance abuse
308 assessment if admitted into the reentry program;
309 requiring the offender to be enrolled in an adult
310 education program in specified circumstances;
311 requiring that assessments of vocational skills and
312 future career education be provided to the offender;
313 requiring that certain reevaluation be made
314 periodically; providing that the nonviolent offender
315 is subject to the disciplinary rules of the
316 department; specifying the reasons for which the
317 offender may be terminated from the reentry program;
318 requiring that the department submit a report to the
319 sentencing court at least 30 days before the
320 nonviolent offender is scheduled to complete the
321 reentry program; setting forth the issues to be
322 addressed in the report; requiring the sentencing
323 court to hold a hearing to consider modifying the
324 sentence imposed and authorizing the court to place
325 the nonviolent offender on drug offender probation if
326 the nonviolent offender’s performance is satisfactory;
327 authorizing the court to revoke probation and impose
328 the original sentence in specified circumstances;
329 authorizing the court to require the offender to
330 complete a postadjudicatory drug court program in
331 specified circumstances; directing the department to
332 implement the reentry program using available
333 resources; requiring the department to submit an
334 annual report to the Governor and Legislature
335 detailing the extent of implementation of the reentry
336 program; specifying information to be provided and
337 outlining future goals and recommendations;
338 authorizing the department to enter into contracts
339 with qualified individuals, agencies, or corporations
340 for services for the reentry program; authorizing the
341 department to impose administrative or protective
342 confinement as necessary; authorizing the department
343 to establish a system of incentives within the reentry
344 program which the department may use to promote
345 participation in rehabilitative programs and the
346 orderly operation of institutions and facilities;
347 providing that the act does not create a right to
348 placement in the reentry program or any right to
349 placement or early release under supervision of any
350 type; providing that the act does not create a cause
351 of action related to the program; directing the
352 department to develop a system for tracking
353 recidivism, including, but not limited to, rearrests
354 and recommitment of nonviolent offenders who
355 successfully complete the reentry program, and to
356 report on recidivism in its annual report of the
357 program; directing the department to adopt rules;
358 providing an effective date.