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)
    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.
  272  ================= T I T L E A M E N D M E N T ================
  273  And the title is amended as follows:
  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.