Florida Senate - 2012 COMMITTEE AMENDMENT Bill No. CS for SB 448 Barcode 112726 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/02/2012 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.