Florida Senate - 2012 CS for SB 448 By the Committee on Criminal Justice; and Senator Bogdanoff 591-00994-12 2012448c1 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 of 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 act 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 act does not create a cause 70 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. 78 79 Be It Enacted by the Legislature of the State of Florida: 80 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: 85 1. Whose primary offense is a felony of the third degree; 86 2. Who has never been convicted of a forcible felony as 87 defined in s. 776.08, Florida Statutes; 88 3. Who has never been convicted of any offense that 89 requires a person to register as a sexual offender pursuant to 90 s. 943.0435, Florida Statutes; and 91 4. Who is not sentenced as a habitual felony offender 92 pursuant to s. 775.084(1), Florida Statutes. 93 (2)(a) The department shall develop and administer a 94 reentry program for nonviolent offenders. The reentry program 95 must include prison-based substance abuse treatment, general 96 education development and adult basic education courses, 97 vocational training, training in decisionmaking and personal 98 development, and other rehabilitation programs. 99 (b) The reentry program is intended to divert nonviolent 100 offenders from long periods of incarceration when a reduced 101 period of incarceration followed by participation in intensive 102 substance abuse treatment and rehabilitative programming could 103 produce the same deterrent effect, rehabilitate the offender, 104 and reduce recidivism. 105 (c) The nonviolent offender shall serve at least 120 days 106 in the reentry program. The offender may not count any portion 107 of his or her sentence served before placement in the reentry 108 program as progress toward program completion. 109 (d) A reentry program may be operated in a secure area in 110 or adjacent to an adult institution. 111 (3)(a) The department shall screen offenders committed to 112 the department for eligibility to participate in the reentry 113 program. In order to be eligible, an offender must be a 114 nonviolent offender, must have served at least one-half of his 115 or her original sentence, and must have been identified as 116 having a need for substance abuse treatment. When selecting 117 participants for the reentry program, the department shall 118 consider the offender’s criminal history and the possible 119 rehabilitative benefits that substance abuse treatment, 120 educational programming, vocational training, and other 121 rehabilitative programming might have on the offender. 122 (b) If an offender meets the eligibility criteria, is 123 selected by the department, and space is available in the 124 reentry program, the department shall request the sentencing 125 court to approve the offender’s participation in the reentry 126 program. 127 (c)1. The department shall notify the state attorney that 128 the offender is being considered for placement in the reentry 129 program. The notice must explain to the state attorney that a 130 proposed reduced period of incarceration, followed by 131 participation in substance abuse treatment and other 132 rehabilitative programming, could produce the same deterrent 133 effect otherwise expected from a lengthy incarceration. 134 2. The notice must also state that the state attorney may 135 notify the sentencing court in writing of any objection the 136 state attorney might have if the nonviolent offender is placed 137 in the reentry program. The state attorney must notify the 138 sentencing court of his or her objections within 14 days after 139 receiving the notice. 140 (d) The sentencing court shall notify the department in 141 writing of the court’s decision to approve or disapprove the 142 requested placement of the nonviolent offender no later than 28 143 days after the court receives the department’s request to place 144 the offender in the reentry program. Failure to notify the 145 department of the court’s decision within the 28-day period 146 constitutes approval to place the offender into the reentry 147 program. 148 (4) After the nonviolent offender is admitted into the 149 reentry program, he or she shall undergo a full substance abuse 150 assessment to determine his or her substance abuse treatment 151 needs. The offender shall also have an educational assessment, 152 which shall be accomplished using the Test of Adult Basic 153 Education or any other testing instrument approved by the 154 Department of Education. Each offender who has not obtained a 155 high school diploma shall be enrolled in an adult education 156 program designed to aid the offender in improving his or her 157 academic skills and earn a high school diploma. Further 158 assessments of the offender’s vocational skills and future 159 career education shall be provided to the offender as needed. A 160 periodic reevaluation shall be made in order to assess the 161 progress of each offender. 162 (5)(a) If a nonviolent offender in the reentry program 163 becomes unmanageable, the department may revoke the offender’s 164 gain-time and place the offender in disciplinary confinement in 165 accordance with department rule. Except as provided in paragraph 166 (b), the offender shall be readmitted to the reentry program 167 after completing the ordered discipline. Any period of time 168 during which the offender is unable to participate in the 169 reentry program shall be excluded from the specified time 170 requirements in the reentry program. 171 (b) The department may terminate an offender from the 172 reentry program if: 173 1. The offender commits or threatens to commit a violent 174 act; 175 2. The department determines that the offender is unable to 176 participate in the reentry program due to the offender’s medical 177 condition; 178 3. The offender’s sentence is modified or expires; 179 4. The department reassigns the offender’s classification 180 status; or 181 5. The department determines that removing the offender 182 from the reentry program is in the best interest of the offender 183 or the security of the institution. 184 (6)(a) The department shall submit a report to the court at 185 least 30 days before the nonviolent offender is scheduled to 186 complete the reentry program. The report must describe the 187 offender’s performance in the reentry program. If the 188 performance is satisfactory, the court shall issue an order 189 modifying the sentence imposed and place the offender on drug 190 offender probation subject to the offender’s successful 191 completion of the remainder of the reentry program. The term of 192 drug offender probation may include placement in a community 193 residential or nonresidential substance abuse treatment facility 194 under the jurisdiction of the department or the Department of 195 Children and Family Services or any public or private entity 196 providing such services. If the nonviolent offender violates the 197 conditions of drug offender probation, the court may revoke 198 probation and impose any sentence that it might have originally 199 imposed. 200 (b) If an offender being released pursuant to paragraph (a) 201 intends to reside in a county that has established a 202 postadjudicatory drug court program as described in s. 397.334, 203 Florida Statutes, the sentencing court may require the offender 204 to successfully complete the postadjudicatory drug court program 205 as a condition of drug offender probation. The original 206 sentencing court shall relinquish jurisdiction of the offender’s 207 case to the postadjudicatory drug court program until the 208 offender is no longer active in the program, the case is 209 returned to the sentencing court due to the offender’s 210 termination from the program for failure to comply with the 211 terms thereof, or the offender’s sentence is completed. If 212 transferred to a postadjudicatory drug court program, the 213 offender shall comply with all conditions and orders of the 214 program. 215 (7) The department shall implement the reentry program to 216 the fullest extent feasible within available resources. 217 (8) The department shall submit an annual report to the 218 Governor, the President of the Senate, and the Speaker of the 219 House of Representatives detailing the extent of implementation 220 of the reentry program and outlining future goals and any 221 recommendation the department has for future legislative action. 222 (9) The department may enter into performance-based 223 contracts with qualified individuals, agencies, or corporations 224 for the provision of any or all of the services for the reentry 225 program. 226 (10) A nonviolent offender in the reentry program is 227 subject to rules of conduct established by the department and 228 may have sanctions imposed, including loss of privileges, 229 restrictions, disciplinary confinement, alteration of release 230 plans, or other program modifications in keeping with the nature 231 and gravity of the program violation. Administrative or 232 protective confinement, as necessary, may be imposed. 233 (11) This section does not create or confer any right to 234 any inmate to placement in the reentry program or any right to 235 placement or early release under supervision of any type. No 236 inmate may have a cause of action under this section against the 237 department, a court, or the state attorney related to the 238 reentry program. 239 (12) The department may establish a system of incentives 240 within the reentry program which the department may use to 241 promote participation in rehabilitative programs and the orderly 242 operation of institutions and facilities. 243 (13) The department shall develop a system for tracking 244 recidivism, including, but not limited to, rearrests and 245 recommitment of nonviolent offenders who successfully complete 246 the reentry program, and shall report the recidivism rate in its 247 annual report of the program. 248 (14) The department shall adopt rules pursuant to ss. 249 120.536(1) and 120.54, Florida Statutes, to administer the 250 reentry program. 251 Section 2. This act shall take effect October 1, 2012.