Florida Senate - 2018                                    SB 1206
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00943C-18                                          20181206__
    1                        A bill to be entitled                      
    2         An act relating to supervised community release;
    3         amending s. 945.091, F.S.; authorizing the Department
    4         of Corrections to extend the limits of confinement to
    5         allow an inmate to participate in supervised community
    6         release, subject to certain requirements, as
    7         prescribed by the department by rule; authorizing the
    8         department to terminate an inmate’s participation
    9         under certain circumstances; authorizing a law
   10         enforcement officer to arrest, or a probation officer
   11         to arrest or request any county or municipal law
   12         enforcement officer to arrest, the inmate without
   13         warrant wherever he or she is found under certain
   14         circumstances; requiring the law enforcement or
   15         probation officer to report the alleged violations to
   16         a correctional officer for disposition of disciplinary
   17         charges as prescribed by the department by rule;
   18         providing that participating inmates remain eligible
   19         to earn or lose gain-time; providing that such inmates
   20         may not be counted in the population of the prison
   21         system and that their approved community-based housing
   22         location may not be counted in the capacity figures
   23         for the prison system; providing an effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Paragraph (d) is added to subsection (1) of
   28  section 945.091, Florida Statutes, to read:
   29         945.091 Extension of the limits of confinement; restitution
   30  by employed inmates.—
   31         (1) The department may adopt rules permitting the extension
   32  of the limits of the place of confinement of an inmate as to
   33  whom there is reasonable cause to believe that the inmate will
   34  honor his or her trust by authorizing the inmate, under
   35  prescribed conditions and following investigation and approval
   36  by the secretary, or the secretary’s designee, who shall
   37  maintain a written record of such action, to leave the confines
   38  of that place unaccompanied by a custodial agent for a
   39  prescribed period of time to:
   40         (d) Participate in supervised community release as
   41  prescribed by the department by rule. The inmate’s participation
   42  may begin 90 days before his or her provisional or tentative
   43  release date. Such supervised community release must include
   44  electronic monitoring and community control as defined in s.
   45  948.001.
   46         1. If a participating inmate fails to comply with the
   47  conditions prescribed by the department by rule for supervised
   48  community release, the department may terminate the inmate’s
   49  supervised community release and return him or her to the same
   50  or another institution designated by the department. If there
   51  are reasonable grounds to believe a participating inmate has
   52  violated the terms and conditions of supervised community
   53  release in a material respect, a law enforcement officer who is
   54  aware of the inmate’s supervised community release status may
   55  arrest, or a probation officer may arrest or request any county
   56  or municipal law enforcement officer to arrest, the inmate
   57  without warrant wherever he or she is found. The law enforcement
   58  or probation officer must report the inmate’s alleged violations
   59  to a correctional officer for disposition of disciplinary
   60  charges as prescribed by the department by rule.
   61         2. Inmates participating in supervised community release
   62  under this paragraph remain eligible to earn or lose gain-time
   63  as prescribed by law and department rule, but may not be counted
   64  in the population of the prison system, and the inmate’s
   65  approved community-based housing location may not be counted in
   66  the capacity figures for the prison system.
   67         Section 2. This act shall take effect October 1, 2018.