Florida Senate - 2012 CS for CS for SB 448 By the Committees on Budget Subcommittee on Criminal and Civil Justice Appropriations; and Criminal Justice; and Senators Bogdanoff and Lynn 604-04282A-12 2012448c2 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 court to screen and select eligible 16 offenders for the program based on specified 17 considerations; directing the department to notify the 18 nonviolent offender’s sentencing court in order to 19 obtain approval before the nonviolent offender is 20 placed into the reentry program; requiring the 21 department to notify the state attorney; authorizing 22 the state attorney to file objections to placing the 23 offender into the reentry program within a specified 24 period; requiring the sentencing court to notify the 25 department of the court’s decision to approve or 26 disapprove the requested placement within a specified 27 period; providing that failure of the court to timely 28 notify the department of the court’s decision 29 constitutes disapproval of the requested placement; 30 requiring the nonviolent offender to undergo an 31 education assessment and a full substance abuse 32 assessment if admitted into the reentry program; 33 requiring the offender to be enrolled in an adult 34 education program in specified circumstances; 35 requiring that assessments of vocational skills and 36 future career education be provided to the offender; 37 requiring that certain reevaluation be made 38 periodically; providing that the nonviolent offender 39 is subject to the disciplinary rules of the 40 department; specifying the reasons for which the 41 offender may be terminated from the reentry program; 42 requiring that the department submit a report to the 43 sentencing court at least 30 days before the 44 nonviolent offender is scheduled to complete the 45 reentry program; setting forth the issues to be 46 addressed in the report; requiring the sentencing 47 court to hold a hearing to consider modifying the 48 sentence imposed and authorizing the court to place 49 the nonviolent offender on drug offender probation if 50 the nonviolent offender’s performance is satisfactory; 51 authorizing the court to revoke probation and impose 52 the original sentence in specified circumstances; 53 authorizing the court to require the offender to 54 complete a postadjudicatory drug court program in 55 specified circumstances; directing the department to 56 implement the reentry program using available 57 resources; requiring the department to submit an 58 annual report to the Governor and Legislature 59 detailing the extent of implementation of the reentry 60 program; specifying information to be provided and 61 outlining future goals and recommendations; 62 authorizing the department to enter into contracts 63 with qualified individuals, agencies, or corporations 64 for services for the reentry program; authorizing the 65 department to impose administrative or protective 66 confinement as necessary; authorizing the department 67 to establish a system of incentives within the reentry 68 program which the department may use to promote 69 participation in rehabilitative programs and the 70 orderly operation of institutions and facilities; 71 providing that the act does not create a right to 72 placement in the reentry program or any right to 73 placement or early release under supervision of any 74 type; providing that the act does not create a cause 75 of action related to the program; directing the 76 department to develop a system for tracking 77 recidivism, including, but not limited to, rearrests 78 and recommitment of nonviolent offenders who 79 successfully complete the reentry program, and to 80 report on recidivism in its annual report of the 81 program; directing the department to adopt rules; 82 providing an effective date. 83 84 Be It Enacted by the Legislature of the State of Florida: 85 86 Section 1. Nonviolent offender reentry program.— 87 (1) As used in this section, the term: 88 (a) “Department” means the Department of Corrections. 89 (b) “Nonviolent offender” means an offender: 90 1. Whose primary offense is a felony of the third degree; 91 2. Who has never been convicted of a forcible felony as 92 defined in s. 776.08, Florida Statutes; 93 3. Who has never been convicted of an offense listed in s. 94 775.082(9)(a)1.r., Florida Statutes, without regard to prior 95 incarceration or release; 96 4. Who has never been convicted of an offense described in 97 chapter 847, Florida Statutes, involving a minor or a depiction 98 of a minor; 99 5. Who has never been convicted of an offense described in 100 chapter 827, Florida Statutes; 101 6. Who has never been convicted of any offense described in 102 s. 784.07, s. 784.074, s. 784.075, s. 784.076, s. 784.08, s. 103 784.083 or s. 784.085, Florida Statutes; 104 7. Who has never been convicted of any offense involving 105 the possession or use of a firearm; 106 8. Who has never been convicted of a capital felony or a 107 felony of the first or second degree; 108 9. Who has never been convicted of any offense that 109 requires a person to register as a sexual offender pursuant to 110 s. 943.0435, Florida Statutes; and 111 10. Who is not the subject of a domestic violence 112 injunction currently in force. 113 (2)(a) The department shall develop and administer a 114 reentry program for nonviolent offenders. The reentry program 115 must include prison-based substance abuse treatment, general 116 education development and adult basic education courses, 117 vocational training, training in decisionmaking and personal 118 development, and other rehabilitation programs. 119 (b) The reentry program is intended to divert nonviolent 120 offenders from long periods of incarceration when a reduced 121 period of incarceration supplemented by participation in 122 intensive substance abuse treatment and rehabilitative 123 programming could produce the same deterrent effect, protect the 124 public, rehabilitate the offender, and reduce recidivism. 125 (c) The nonviolent offender shall serve at least 6 months 126 in the reentry program. The offender may not count any portion 127 of his or her sentence served before placement in the reentry 128 program as progress toward program completion. 129 (d) A reentry program may be operated in a secure area in 130 or adjacent to an adult institution. 131 (3) The department shall screen offenders committed to the 132 department for eligibility criteria to participate in the 133 reentry program. In order to be eligible, an offender must be a 134 nonviolent offender, must have served at least one-half of his 135 or her original sentence, and must have been identified as 136 having a need for substance abuse treatment. 137 (4) The department shall select eligible offenders for the 138 reentry program. When selecting participants for the reentry 139 program, the department shall be guided in its selection by its 140 evaluation of the following considerations: 141 (a) The offender’s history of disciplinary reports; 142 (b) The offender’s criminal history, with particular 143 scrutiny of any charges for offenses listed in paragraph (1)(b); 144 (c) The severity of the offender’s addiction; 145 (d) The offender’s history of criminal behavior related to 146 substance abuse; 147 (e) Whether the offender has participated or requested to 148 participate in any General Educational Development or other 149 educational, technical, work, vocational, or self-rehabilitation 150 program; 151 (f) The results of any risk assessment of the offender; 152 (g) The outcome of all past participation of the offender 153 in substance abuse treatment programs; 154 (h) The possible rehabilitative benefits that substance 155 abuse treatment, educational programming, vocational training, 156 and other rehabilitative programming might have on the offender; 157 and 158 (i) The likelihood that the offender’s participation in the 159 program will produce the same deterrent effect, protect the 160 public, save taxpayer dollars, and prevent or delay recidivism 161 to an equal or greater extent than completion of the sentence 162 previously imposed. 163 (5)(a) If an offender volunteers to participate in the 164 reentry program, meets the eligibility criteria, is selected by 165 the department based on the considerations in subsection (4), 166 and space is available in the reentry program, the department 167 may request the sentencing court to approve the offender’s 168 participation in the reentry program. The request shall be made 169 in writing and shall include a brief summation of the 170 department’s evaluation under subsection (4) and a recital of 171 the documents or other information upon which the evaluation is 172 based. All documents may be delivered to the sentencing court 173 electronically. 174 (b)1. The department shall notify the state attorney that 175 the offender is being considered for placement in the reentry 176 program. The notice must include a copy of all documents 177 provided with the request to the court. The notice and all 178 documents may be delivered to the state attorney electronically 179 and may take the form of a copy of an electronic delivery to the 180 sentencing court. 181 2. The notice must also state that the state attorney may 182 notify the sentencing court in writing of any objection the 183 state attorney might have if the nonviolent offender is placed 184 in the reentry program. The state attorney must notify the 185 sentencing court of his or her objections within 15 days after 186 receiving the notice. Whether or not an objection is raised, the 187 state attorney may provide to the sentencing court any 188 information supplemental or contrary to the information provided 189 by the department which may assist the court in its 190 determination. 191 (c) When approving a nonviolent offender for participation 192 in the reentry program, the sentencing court may consider any 193 facts the court considers relevant, including, but not limited 194 to: 195 1. The criteria listed in subsection (4); 196 2. The original sentencing report and any evidence admitted 197 in a previous sentencing proceeding; 198 3. The offender’s record of arrests without conviction for 199 crimes, and any other evidence of allegations of unlawful 200 conduct or the use of violence by the offender; 201 4. The offender’s family ties, length of residence in the 202 community, employment history, and mental condition; 203 5. The likelihood that participation in the program will 204 produce the same deterrent effect, rehabilitate the offender, 205 and prevent or delay recidivism to an equal or greater extent 206 than completion of the sentence previously imposed; and 207 6. The likelihood that the offender will engage again in a 208 criminal course of conduct. 209 (d) The sentencing court shall notify the department in 210 writing of the court’s decision to approve or disapprove the 211 requested placement of the nonviolent offender no later than 30 212 days after the court receives the department’s request to place 213 the offender in the reentry program. If the court approves, the 214 notification shall list the factors upon which the court relied 215 in approving the placement. Failure to notify the department of 216 the court’s decision within the 30-day period constitutes 217 disapproval to place the offender into the reentry program. 218 (6) After the nonviolent offender is admitted into the 219 reentry program, he or she shall undergo a full substance abuse 220 assessment to determine his or her substance abuse treatment 221 needs. The offender shall also have an educational assessment, 222 which shall be accomplished using the Test of Adult Basic 223 Education or any other testing instrument approved by the 224 Department of Education. Each offender who has not obtained a 225 high school diploma shall be enrolled in an adult education 226 program designed to aid the offender in improving his or her 227 academic skills and earn a high school diploma. Further 228 assessments of the offender’s vocational skills and future 229 career education shall be provided to the offender as needed. A 230 periodic reevaluation shall be made in order to assess the 231 progress of each offender. 232 (7)(a) If a nonviolent offender in the reentry program 233 becomes unmanageable, the department may revoke the offender’s 234 gain-time and place the offender in disciplinary confinement in 235 accordance with department rule. Except as provided in paragraph 236 (b), the offender shall be readmitted to the reentry program 237 after completing the ordered discipline. Any period of time 238 during which the offender is unable to participate in the 239 reentry program shall be excluded from the specified time 240 requirements in the reentry program. 241 (b) The department may terminate an offender from the 242 reentry program if: 243 1. The offender commits or threatens to commit a violent 244 act; 245 2. The department determines that the offender is unable to 246 participate in the reentry program due to the offender’s medical 247 condition; 248 3. The offender’s sentence is modified or expires; 249 4. The department reassigns the offender’s classification 250 status; or 251 5. The department determines that removing the offender 252 from the reentry program is in the best interest of the offender 253 or the security of the institution. 254 (8)(a) The department shall submit a report to the 255 sentencing court at least 30 days before the nonviolent offender 256 is scheduled to complete the reentry program. The report must 257 describe the offender’s performance in the reentry program and 258 certify whether the performance is satisfactory. If the 259 performance is satisfactory to the department, the court shall 260 hold a hearing to determine: 261 1. Whether the offender’s performance in the reentry 262 program is satisfactory to the court; 263 2. Whether the public safety will be compromised by a 264 modification of sentence; and 265 3. Any appropriate modification of sentence, which may not 266 be less than the minimum punishment required by law at the time 267 of the commission of the offense or offenses for which the 268 offender was sentenced. 269 (b) After consideration of all information available to the 270 court, the court may issue an order modifying the sentence 271 imposed and may place the offender on drug offender probation, 272 as defined in s. 848.20(2), Florida Statutes, subject to the 273 department’s certification of the offender’s successful 274 completion of the remainder of the reentry program. The court 275 may place the offender on GPS monitoring as a condition of drug 276 offender probation. The term of drug offender probation may 277 include placement in a community residential or nonresidential 278 substance abuse treatment facility under the jurisdiction of the 279 department or the Department of Children and Family Services or 280 any public or private entity providing such services. The order 281 shall include findings showing that the requirements for 282 resentencing under this section are satisfied and that the 283 public safety will not be compromised. If the nonviolent 284 offender violates the conditions of drug offender probation, the 285 court may revoke probation and impose any sentence that it might 286 have originally imposed. 287 (c) If an offender being released pursuant to paragraph (b) 288 intends to reside in a county that has established a 289 postadjudicatory drug court program as described in s. 397.334, 290 Florida Statutes, the sentencing court may require the offender 291 to successfully complete the postadjudicatory drug court program 292 as a condition of drug offender probation after considering the 293 county program’s record of helping offenders avoid recidivism. 294 The original sentencing court shall relinquish jurisdiction of 295 the offender’s case to the postadjudicatory drug court program 296 until the offender is no longer active in the program, the case 297 is returned to the sentencing court due to the offender’s 298 termination from the program for failure to comply with the 299 terms thereof, or the offender’s sentence is completed. If 300 transferred to a postadjudicatory drug court program, the 301 offender shall comply with all conditions and orders of the 302 program. 303 (9) The department shall implement the reentry program to 304 the fullest extent feasible within available resources. 305 (10) The department shall submit an annual report to the 306 Governor, the President of the Senate, and the Speaker of the 307 House of Representatives detailing the extent of implementation 308 of the reentry program; the number of participants selected, 309 approved, and successfully completing the program; a reasonable 310 estimate or description of the additional public costs incurred 311 and any public funds saved with respect to each participant; and 312 a brief description of each sentence modification and a brief 313 description of the subsequent criminal history, if any, of each 314 participant following any modification of sentence under this 315 section. The report shall also outline future goals and any 316 recommendation the department has for future legislative action. 317 (11) The department may enter into performance-based 318 contracts with qualified persons, agencies, or corporations to 319 provide any or all of the services for the reentry program; 320 however, an offender may not be released from the custody of the 321 department under this section except pursuant to a judicial 322 order modifying a sentence. 323 (12) A nonviolent offender in the reentry program is 324 subject to rules of conduct established by the department and 325 may have sanctions imposed, including, but not limited to, GPS 326 monitoring, loss of privileges, restrictions, disciplinary 327 confinement, alteration of release plans, or other program 328 modifications in keeping with the nature and gravity of the 329 program violation. Administrative or protective confinement, as 330 necessary, may be imposed. 331 (13) This section does not create or confer any right of 332 any inmate to placement in the reentry program or any right to 333 placement or early release under supervision of any type. An 334 inmate does not have a cause of action under this section 335 against the department, a court, or the state attorney related 336 to the reentry program. This subsection is not severable from 337 the remaining provisions of this section. If this subsection is 338 determined by any state or federal court to be not fully 339 enforceable this section is repealed. 340 (14) The department may establish a system of incentives 341 within the reentry program which the department may use to 342 promote participation in rehabilitative programs and the orderly 343 operation of institutions and facilities. 344 (15) The department shall develop a system for tracking 345 recidivism, including, but not limited to, rearrests and 346 recommitment of nonviolent offenders who successfully complete 347 the reentry program, and shall report the recidivism rate in its 348 annual report of the program. 349 (16) The department shall adopt rules pursuant to ss. 350 120.536(1) and 120.54, Florida Statutes, as are necessary to 351 administer the reentry program. 352 Section 2. This act shall take effect October 1, 2012.