Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. PCS (452514) for CS for SB 484
       
       
       
       
       
       
                                Ì792620}Î792620                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/01/2018           .                                
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       The Committee on Appropriations (Brandes) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Before line 55
    4  insert:
    5         Section 1. Section 907.042, Florida Statutes, is created to
    6  read:
    7         907.042 Supervised bond program.-
    8         (1)LEGISLATIVE FINDINGS.—The Legislature finds that there
    9  is a need to use evidence-based methods to identify defendants
   10  that can successfully comply with specified pretrial release
   11  conditions. The Legislature finds that the use of actuarial
   12  instruments that evaluate criminogenic based needs and classify
   13  defendants according to levels of risk provides a more
   14  consistent and accurate assessment of a defendant’s risk of
   15  noncompliance while on pretrial release pending trial. The
   16  Legislature also finds that both the community and a defendant
   17  are better served when a defendant, who poses a low risk to
   18  society, is provided the opportunity to fulfill employment and
   19  familial responsibilities in the community under a structured
   20  pretrial release plan that ensures the best chance of remaining
   21  compliant with all pretrial conditions rather than remaining in
   22  custody. The Legislature finds that there is a benefit to
   23  establishing a supervised bond program in each county for the
   24  purpose of providing pretrial release to certain defendants who
   25  may not otherwise be eligible for pretrial release on
   26  unsupervised nonmonetary conditions and who do not have the
   27  ability to satisfy the bond imposed by the court. The
   28  Legislature finds that the creation of such a program will
   29  reduce the likelihood of defendants remaining unnecessarily in
   30  custody pending trial.
   31         (2)CREATION.—A supervised bond program may be established
   32  in each county with the terms of each program to be developed
   33  with concurrence of the chief judge of the circuit, the county's
   34  chief correctional officer, the state attorney, and the public
   35  defender. A county that has already established and implemented
   36  a supervised bond program whose program and risk assessment
   37  instrument is in compliance with subsections (3) and (4) may
   38  continue to operate without such concurrence.
   39         (3) PROGRAM REQUIREMENTS.—A supervised bond program, at a
   40  minimum, shall:
   41         (a) Require the county's chief correctional officer to
   42  administer the supervised bond program.
   43         (b) Require the county's chief correctional officer, or his
   44  or her designee, to administer the risk assessment instrument to
   45  a potential defendant.
   46         (c) Utilize a risk assessment instrument to determine
   47  eligible defendants and determine an appropriate level of
   48  supervision for each defendant upon release.
   49         (d) Review the bond of a defendant who is being accepted
   50  into the supervised bond program to determine if a reduction of
   51  the court-ordered bond, up to its entirety, is appropriate.
   52         (e) Provide that the findings of the risk assessment
   53  instrument will be used to create an individualized supervision
   54  plan for each eligible defendant that is tailored to the
   55  defendant's risk level and supervision needs.
   56         (f) Require, as part of the individualized supervision
   57  plan, that any defendant released in the supervised bond program
   58  must be placed on active electronic monitoring or active
   59  continuous alcohol monitoring, or both, dependent upon the level
   60  of risk indicated by the risk assessment instrument.
   61         (g) Require weekly communication between the office of the
   62  county's chief correctional officer and the defendant as part of
   63  the individualized supervision plan, which can be satisfied via
   64  telephone or in person contact, dependent upon the level of risk
   65  indicated by the risk assessment instrument.
   66         (h)Establish procedures for reassessing or terminating
   67  defendants from the supervised bond program who do not comply
   68  with the terms of the individualized supervision plan imposed
   69  through the program.
   70         (4) RISK ASSESSMENT INSTRUMENT.—
   71         (a) Each county must utilize a risk assessment instrument
   72  for the supervised bond program that conducts a criminogenic
   73  assessment for use in evaluating the proper level of supervision
   74  appropriate to ensure compliance with pretrial conditions and
   75  safety to the community. The risk assessment instrument must
   76  consider, but need not be limited to, the following criteria:
   77         1. The nature and circumstances of the offense the
   78  defendant is alleged to have committed.
   79         2. The nature and extent of the defendant’s prior criminal
   80  history, if any.
   81         3. Any prior history of the defendant failing to appear in
   82  court.
   83         4.The defendant’s employment history, employability
   84  skills, and employment interests.
   85         5. The defendant’s educational, vocational, and technical
   86  training.
   87         6. The defendant’s background, including his or her family,
   88  home, and community environment.
   89         7. The defendant’s physical and mental health history,
   90  including any substance use.
   91         8. An evaluation of the defendant’s criminal thinking,
   92  criminal associates, and social awareness.
   93         (b)A county may contract with the Department of
   94  Corrections to develop a risk assessment instrument or modify an
   95  instrument that has already been developed by the department,
   96  provided the instrument contains the criteria enumerated in
   97  paragraph (a). If a county elects to utilize a risk assessment
   98  instrument developed or modified by the department in accordance
   99  with this paragraph, the county’s chief correctional officer
  100  shall enter into a contract with the department for such use.
  101         (c)Each county may create its own risk assessment
  102  instrument for the purpose of operating a supervised bond
  103  program or may utilize a risk assessment instrument that has
  104  previously been developed for a similar purpose as provided for
  105  in this section. Additionally, a county may utilize a risk
  106  assessment instrument that has been developed by another county
  107  for a similar purpose as provided for in this section. To
  108  utilize a risk assessment instrument developed by a county in
  109  accordance with this paragraph, the risk assessment instrument
  110  must be validated by the Department of Corrections and contain
  111  the criteria enumerated in paragraph (a). If a county elects to
  112  utilize a risk assessment instrument developed or modified by
  113  another county in accordance with this paragraph, the counties'
  114  chief correctional officers shall enter into a contract for such
  115  use.
  116         (d) A county may contract with an independent entity to
  117  utilize a risk assessment instrument that has previously been
  118  developed for a similar purpose as provided for in this section.
  119  To utilize a risk assessment instrument developed by an
  120  independent entity in accordance with this paragraph, the risk
  121  assessment instrument must be validated by the Department of
  122  Corrections and contain the criteria enumerated in paragraph
  123  (a). If a county elects to utilize a risk assessment instrument
  124  developed or modified by an independent entity in accordance
  125  with this paragraph, the county’s chief correctional officer
  126  shall enter into a contract with the independent entity for such
  127  use.
  128         (e) A county may begin to implement its supervised bond
  129  program immediately upon securing a contract for the utilization
  130  of or the completion of development or modification, and if
  131  applicable, validation of, a risk assessment instrument. A
  132  county that intends to utilize a risk assessment instrument it
  133  has already developed or modified may implement a supervised
  134  bond program immediately upon validation of the risk assessment
  135  instrument. A county that has already implemented a supervised
  136  bond program may continue to operate such program while the risk
  137  assessment instrument it utilizes is being validated.
  138  Implementation must include training of all county staff that
  139  will administer the risk assessment instrument.
  140         (5) REPORTING.—Each county that establishes a supervised
  141  bond program pursuant to this section, or has an existing
  142  supervised bond program that operates in compliance with this
  143  section, shall provide an annual report to the Office of Program
  144  Policy Analysis and Government Accountability that details the
  145  results of the administration of the risk assessment instrument,
  146  programming used for defendants who received the assessment and
  147  were accepted into the supervised bond program, the success rate
  148  of such program, and savings realized by the county as a result
  149  of such defendants being released from custody pending trial.
  150  The annual report from the county must be submitted to OPPAGA by
  151  October 1 each year. OPPAGA shall compile the results of the
  152  counties reports for inclusion in an independent section of its
  153  annual report developed and submitted to the Governor, the
  154  President of the Senate, and the Speaker of the House of
  155  Representatives in accordance with s. 907.044.
  156         Section 2. Paragraph (b) of subsection (1) of section
  157  945.091, Florida Statutes, is amended, and paragraph (d) is
  158  added to that subsection, to read:
  159         945.091 Extension of the limits of confinement; restitution
  160  by employed inmates.—
  161         (1) The department may adopt rules permitting the extension
  162  of the limits of the place of confinement of an inmate as to
  163  whom there is reasonable cause to believe that the inmate will
  164  honor his or her trust by authorizing the inmate, under
  165  prescribed conditions and following investigation and approval
  166  by the secretary, or the secretary’s designee, who shall
  167  maintain a written record of such action, to leave the confines
  168  of that place unaccompanied by a custodial agent for a
  169  prescribed period of time to:
  170         (b) Work at paid employment, participate in an education or
  171  a training program, or voluntarily serve a public or nonprofit
  172  agency or faith-based service group in the community, while
  173  continuing as an inmate of the institution or facility in which
  174  the inmate is confined, except during the hours of his or her
  175  employment, education, training, or service and traveling
  176  thereto and therefrom. An inmate may travel to and from his or
  177  her place of employment, education, or training only by means of
  178  walking, bicycling, or using public transportation or
  179  transportation that is provided by a family member or employer.
  180  Contingent upon specific appropriations, the department may
  181  transport an inmate in a state-owned vehicle if the inmate is
  182  unable to obtain other means of travel to his or her place of
  183  employment, education, or training.
  184         1. An inmate may participate in paid employment only during
  185  the last 36 months of his or her confinement, unless sooner
  186  requested by the Florida Commission on Offender Review or the
  187  Control Release Authority.
  188         2. An inmate who may not otherwise be approved for release
  189  under this paragraph due to a higher custody level or other risk
  190  factor may be released and placed on an electronic monitoring
  191  device. The department must administer a risk assessment
  192  instrument to appropriately determine such inmate’s ability to
  193  be released with electronic monitoring for work, educational, or
  194  training purposes.
  195         32. While working at paid employment and residing in the
  196  facility, an inmate may apply for placement at a contracted
  197  substance abuse transition housing program. The transition
  198  assistance specialist shall inform the inmate of program
  199  availability and assess the inmate’s need and suitability for
  200  transition housing assistance. If an inmate is approved for
  201  placement, the specialist shall assist the inmate. If an inmate
  202  requests and is approved for placement in a contracted faith
  203  based substance abuse transition housing program, the specialist
  204  must consult with the chaplain before such placement. The
  205  department shall ensure that an inmate’s faith orientation, or
  206  lack thereof, will not be considered in determining admission to
  207  a faith-based program and that the program does not attempt to
  208  convert an inmate toward a particular faith or religious
  209  preference.
  210         (d) Participate in supervised community release as
  211  prescribed by the department by rule. The inmate’s participation
  212  may begin 90 days before his or her provisional or tentative
  213  release date. Such supervised community release must include
  214  electronic monitoring and community control as defined in s.
  215  948.001. The department must administer a risk assessment
  216  instrument to appropriately determine an inmate’s ability to be
  217  released pursuant to this paragraph.
  218         1.If a participating inmate fails to comply with the
  219  conditions prescribed by the department by rule for supervised
  220  community release, the department may terminate the inmate’s
  221  supervised community release and return him or her to the same
  222  or another institution designated by the department. A law
  223  enforcement officer or a probation officer may arrest the inmate
  224  without a warrant in accordance with s. 948.06, if there are
  225  reasonable grounds to believe he or she has violated the terms
  226  and conditions of supervised community release. The law
  227  enforcement officer or probation officer must report the
  228  inmate’s alleged violations to a correctional officer for
  229  disposition of disciplinary charges as prescribed by the
  230  department by rule.
  231         2.Inmates participating in supervised community release
  232  under this paragraph remain eligible to earn or lose gain-time
  233  in accordance with s. 944.275 and department rule, but may not
  234  receive gain-time or other sentence credit in an amount that
  235  would cause his or her sentence to expire, end, or terminate, or
  236  that would result in his or her release, before serving a
  237  minimum of 85 percent of the sentence imposed. The inmate may
  238  not be counted in the population of the prison system and the
  239  inmate’s approved community-based housing location may not be
  240  counted in the capacity figures for the prison system.
  241         Section 3. Section 948.33, Florida Statutes, is created to
  242  read:
  243         948.33Prosecution for violation of probation and community
  244  control arrest warrants of state prisoners.—A prisoner in a
  245  state prison in this state who has an unserved violation of
  246  probation or an unserved violation of community control warrant
  247  for his or her arrest may file a state prisoner’s notice of
  248  unserved warrant in the circuit court of the judicial circuit in
  249  which the unserved warrant was issued. The prisoner must also
  250  serve notice on the state attorney of that circuit. The circuit
  251  court shall schedule the notice for a status hearing within 90
  252  days after receipt of the notice. The state prisoner may not be
  253  transported to the status hearing. At the status hearing, the
  254  state attorney shall inform the court as to whether there is an
  255  unserved violation of probation warrant or an unserved violation
  256  of community control warrant for the arrest of the state
  257  prisoner. If a warrant for either violation exists, the court
  258  must enter an order within 30 days after the status hearing for
  259  the transport of the state prisoner to the county jail of the
  260  county that issued the warrant for prosecution of the violation,
  261  and the court shall send the order to the county sheriff for
  262  execution.
  263  
  264  ================= T I T L E  A M E N D M E N T ================
  265  And the title is amended as follows:
  266         Delete line 2
  267  and insert:
  268         An act relating to criminal justice; creating s.
  269         907.042, F.S.; authorizing each county to create a
  270         supervised bond release program; providing legislative
  271         findings; providing a supervised bond program must be
  272         created with the concurrence of the chief judge,
  273         county's chief correctional officer, state attorney,
  274         and public defender; providing an exception to a
  275         county that has already established and implemented a
  276         supervised bond program that utilizes a risk
  277         assessment instrument; providing specified program
  278         components; providing guidelines for the risk
  279         assessment instrument; authorizing the county to
  280         contract with the Department of Corrections to develop
  281         or modify a risk assessment instrument if such
  282         instrument meets certain requirements; authorizing a
  283         county to develop or use an existing risk assessment
  284         instrument if validated by the department and such
  285         instrument meets certain requirements; authorizing a
  286         county to contract with another county for the use of
  287         a risk assessment instrument if validated and such
  288         instrument meets certain requirements; authorizing the
  289         county to contract with an independent entity for use
  290         of a risk assessment instrument if validated and such
  291         instrument meets certain requirements; specifying
  292         requirements for the use, implementation, and
  293         distribution of the risk assessment instrument;
  294         requiring each county that establishes a supervised
  295         bond program to submit a report annually by a certain
  296         date to the Office of Program Policy Analysis and
  297         Government Accountability; requiring OPPAGA to compile
  298         the reports and include such information in a report
  299         sent to the Governor, President of the Senate, and
  300         Speaker of the House of Representatives in accordance
  301         with s. 907.044, F.S.; amending s. 945.091, F.S.;
  302         authorizing the department to extend the limits of
  303         confinement to allow an inmate that may not otherwise
  304         qualify for work release to be released on electronic
  305         monitoring; requiring the department to administer a
  306         risk assessment instrument to determine an inmate’s
  307         appropriateness for release on electronic monitoring;
  308         authorizing the department to extend the limits of
  309         confinement to allow an inmate to participate in
  310         supervised community release, subject to certain
  311         requirements, as prescribed by the department by rule;
  312         requiring the department to administer a risk
  313         assessment instrument to determine an inmate’s
  314         appropriateness for release on electronic monitoring;
  315         authorizing the department to terminate an inmate’s
  316         participation under certain circumstances; authorizing
  317         a law enforcement or a probation officer to arrest
  318         such an inmate without warrant in accordance with
  319         specified authority; requiring the law enforcement or
  320         probation officer to report alleged violations to a
  321         correctional officer for disposition of disciplinary
  322         charges as prescribed by the department by rule;
  323         providing that participating inmates remain eligible
  324         to earn or lose gain-time, but not in an amount that
  325         results in a defendant being released prior to serving
  326         85 percent of the sentence imposed; providing that
  327         such inmates may not be counted in the population of
  328         the prison system and that their approved community
  329         based housing location may not be counted in the
  330         capacity figures for the prison system; creating s.
  331         948.33, F.S.; authorizing a prisoner in a state prison
  332         who has an unserved violation of probation or an
  333         unserved violation of community control warrant to
  334         file a notice of unserved warrant in the circuit court
  335         where the warrant was issued and to serve notice on
  336         the state attorney; requiring the circuit court to
  337         schedule a status hearing within a certain timeframe
  338         after receiving notice; specifying procedures and
  339         requirements for the status hearing; providing for
  340         prosecution of the violation; requiring that if the
  341         court enters an order, it send the order to the county
  342         sheriff; amending