Florida Senate - 2012                                     SB 448
       By Senator Bogdanoff
       25-00398B-12                                           2012448__
    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.
   79  Be It Enacted by the Legislature of the State of Florida:
   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 person
   89  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 criteria
  121  and space is available in the reentry program, the department
  122  shall request the sentencing court to approve the offender’s
  123  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 to
  173  participate in the reentry program due to the offender’s medical
  174  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 at
  182  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 (a)
  198  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.