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.
   84  Be It Enacted by the Legislature of the State of Florida:
   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.