Florida Senate - 2019 COMMITTEE AMENDMENT
Bill No. SB 1074
Ì940794GÎ940794
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/18/2019 .
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The Committee on Criminal Justice (Brandes) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 948.0121, Florida Statutes, is created
6 to read:
7 948.0121 Conditional sentences for substance use or mental
8 health offenders.—
9 (1) DEFINITIONS.—As used in this section, the term:
10 (a) “Department” means the Department of Corrections.
11 (b) “Offender” means a person found guilty of a felony
12 offense and who receives a conditional sentence for substance
13 use or mental health offenders as prescribed in this section.
14 (2) CREATION.—A conditional sentence for substance use or
15 mental health offenders is established in accordance with s.
16 948.012. A court may sentence an offender to a conditional
17 sentence in accordance with this section. A conditional sentence
18 imposed by a court pursuant to this section does not confer to
19 the offender any right to release from incarceration and
20 placement on drug offender or mental health offender probation
21 unless such offender complies with all sentence requirements in
22 accordance with this section.
23 (3) ELIGIBILITY.—For an offender to receive a conditional
24 sentence under this section, he or she must be a nonviolent
25 offender who is in need of substance use or mental health
26 treatment and who does not pose a danger to the community. As
27 used in this subsection, the term “nonviolent offender” means an
28 offender who has never been convicted of, or pled guilty or no
29 contest to, the commission of, an attempt to commit, or a
30 conspiracy to commit, any of the following:
31 (a) A capital, life, or first degree felony.
32 (b) A second degree felony or third degree felony listed in
33 s. 775.084(1)(c)1.
34 (c) A violation of s. 784.021, s. 784.07, s. 827.03, or s.
35 843.01, or any offense that requires a person to register as a
36 sex offender in accordance with s. 943.0435.
37 (d) An offense for which the sentence was enhanced under s.
38 775.087.
39 (e) An offense in another jurisdiction which would be an
40 offense described in this subsection, or which would have been
41 enhanced under s. 775.087, if that offense had been committed in
42 this state.
43 (4) SENTENCING REQUIREMENTS.—
44 (a) A court must order the offender as a part of a
45 conditional sentence for substance use or mental health
46 offenders, at a minimum, to:
47 1. Serve a term of imprisonment which must include an in
48 prison treatment program for substance use, mental health, or
49 co-occurring disorders which is a minimum of 90 days in-custody
50 treatment and is administered by the department at a department
51 facility; and
52 2. Upon successful completion of such in-custody treatment
53 program, comply with a term of special offender probation for 24
54 months, which shall serve as a modification of the remainder of
55 his or her term of imprisonment, and must consist of:
56 a. Either drug offender or mental health probation, to be
57 determined by the court at the time of sentencing;
58 b. Any special conditions of probation ordered by the
59 sentencing court; and
60 c. Any recommendations made by the department in a
61 postrelease treatment plan for substance use or mental health
62 aftercare services.
63 (b) If the department finds that the offender is ineligible
64 or not appropriate for placement in an in-custody treatment
65 program for the reasons prescribed in subsection (7), or for any
66 other reason the department deems as good cause then the
67 offender shall serve the remainder of his or her term of
68 imprisonment in the custody of the department.
69 (c) The appropriate type of special offender probation
70 shall be determined by the court at the time of sentencing based
71 upon the recommendation by the department in a presentence
72 investigation report.
73 (5) PRESENTENCE INVESTIGATION REPORT.—The court may order
74 the department to conduct a presentence investigation report in
75 accordance with s. 921.231 for any offender who the court
76 believes may be sentenced under this section to provide the
77 court with appropriate information to make a determination at
78 the time of sentencing of whether drug offender or mental health
79 probation is most appropriate for the offender.
80 (6) DEPARTMENT DUTIES.—The department:
81 (a) Shall administer treatment programs that comply with
82 the type of treatment required in this section.
83 (b) May develop and enter into performance-based contracts
84 with qualified individuals, agencies, or corporations to provide
85 any or all services necessary for the in-custody treatment
86 program. Such contracts may not be entered into or renewed
87 unless they offer a substantial savings to the department. The
88 department may establish a system of incentives in an in-custody
89 treatment program to promote offender participation in
90 rehabilitative programs and the orderly operation of
91 institutions and facilities.
92 (c) Shall provide a special training program for staff
93 members selected to administer or implement an in-custody
94 treatment program.
95 (d) Shall evaluate the offender’s needs and develop a
96 postrelease treatment plan that includes substance use or mental
97 health aftercare services.
98 (7) IN-PRISON TREATMENT.—
99 (a) The department shall give written notification of the
100 offender’s admission into an in-prison treatment program portion
101 of the conditional sentence to the sentencing court, the state
102 attorney, the defense counsel for the offender, and any victim
103 of the offense committed by the offender.
104 (b) If, after evaluating an offender for custody and
105 classification status, the department determines at any point
106 during the term of imprisonment that an offender sentenced under
107 this section does not meet the criteria for placement in an in
108 prison treatment program portion of the conditional sentence, as
109 determined in rule by the department, or that space is not
110 available for the offender’s placement in an in-prison treatment
111 program, the department must immediately notify the court, the
112 state attorney, and the defense counsel that this portion of the
113 sentence is unsuccessfully served in accordance with paragraph
114 (4)(b).
115 (c) If, after placement in an in-prison treatment program,
116 an offender is unable to participate due to medical concerns or
117 other reasons, he or she must be examined by qualified medical
118 personnel or qualified nonmedical personnel appropriate for the
119 offender’s situation, as determined by the department. The
120 qualified personnel shall consult with the director of the in
121 prison treatment program, and the director shall determine
122 whether the offender will continue with treatment or be
123 discharged from the program. If the director discharges the
124 offender from the treatment program, the department must
125 immediately notify the court, the state attorney, and the
126 defense counsel that this portion of the sentence is
127 unsuccessfully served in accordance with paragraph (4)(b).
128 (d) If, after placement in an in-prison treatment program,
129 an offender is unable to participate due to disruptive behavior
130 or violations of any of the rules the department adopts to
131 implement this section, the director shall determine whether the
132 offender will continue with treatment or be discharged from the
133 program. If the director discharges the offender from the
134 treatment program, the department must immediately notify the
135 court, the state attorney, and the defense counsel that this
136 portion of the sentence is unsuccessfully served in accordance
137 with paragraph (4)(b).
138 (e) An offender participating in an in-prison treatment
139 program portion of his or her imprisonment must comply with any
140 additional requirements placed on the participants by the
141 department in rule. If an offender violates any of the rules, he
142 or she may have sanctions imposed, including loss of privileges,
143 restrictions, disciplinary confinement, forfeiture of gain-time
144 or the right to earn gain-time in the future, alteration of
145 release plans, termination from the in-prison treatment program,
146 or other program modifications in keeping with the nature and
147 gravity of the program violation. The department may place an
148 inmate participating in an in-prison treatment program in
149 administrative or protective confinement, as necessary.
150 (8) DRUG OFFENDER OR MENTAL HEALTH PROBATION.—
151 (a) Upon completion of the in-prison treatment program
152 ordered by the court, the offender shall be transitioned into
153 the community to begin his or her drug offender or mental health
154 probation for a term of 24 months, as ordered by the court at
155 the time of sentencing in accordance with subsection (4).
156 (b) An offender on drug offender or mental health probation
157 following a conditional sentence imposed pursuant to this
158 section must comply with all standard conditions of drug
159 offender or mental health probation and any special condition of
160 probation ordered by the sentencing court, including
161 participation in an aftercare substance abuse or mental health
162 program, residence in a postrelease transitional residential
163 halfway house, or any other appropriate form of supervision or
164 treatment.
165 (c)1. If an offender placed on drug offender probation
166 resides in a county that has established a drug court or a
167 postadjudicatory drug court, the offender shall be monitored by
168 the court as a condition of drug offender probation.
169 2. If an offender placed on mental health offender
170 probation resides in a county that has established a mental
171 health court, the offender shall be monitored by the court as a
172 condition of mental health offender probation.
173 (d) While on probation pursuant to this subsection, the
174 offender shall pay all appropriate costs of probation to the
175 department. An offender who is determined to be financially able
176 shall also pay all costs of substance abuse or mental health
177 treatment. The court may impose on the offender additional
178 conditions requiring payment of restitution, court costs, fines,
179 community service, or compliance with other special conditions.
180 (e) An offender’s violation of any condition or order may
181 result in revocation of probation by the court and imposition of
182 any sentence authorized under the law, with credit given for the
183 time already served in prison.
184 (9) REPORTING.—The department shall develop a computerized
185 system to track data on the recidivism and recommitment of
186 offenders who have been sentenced to a conditional sentence for
187 substance use or mental health offenders. On October 1, 2020,
188 and on each October 1 thereafter, the department shall submit an
189 annual report of the results of the collected data to the
190 Governor, the President of the Senate, and the Speaker of the
191 House of Representatives.
192 (10) RULEMAKING.—The department shall adopt rules pursuant
193 to ss. 120.536(1) and 120.54 to administer this section.
194 Section 2. This act shall take effect October 1, 2019.
195
196 ================= T I T L E A M E N D M E N T ================
197 And the title is amended as follows:
198 Delete everything before the enacting clause
199 and insert:
200 A bill to be entitled
201 An act relating to sentencing; creating s. 948.0121,
202 F.S.; defining terms; creating a conditional sentence
203 for substance use and mental health offenders in
204 accordance with s. 948.012, F.S.; authorizing a court
205 to sentence an offender to a conditional sentence;
206 specifying requirements an offender must meet to be
207 eligible to receive a conditional sentence; requiring
208 that an eligible offender be a nonviolent offender;
209 defining the term “nonviolent offender”; providing
210 minimum sentencing requirements for a conditional
211 sentence; providing an exception to the court’s order
212 of a conditional sentence; authorizing the sentencing
213 court to have the Department of Corrections provide a
214 presentence investigation report in accordance with s.
215 921.231, F.S., to provide the court with certain
216 information to determine the type of probation most
217 appropriate for the offender; requiring the department
218 to perform specified duties; authorizing the
219 department to enter into certain contracts; requiring
220 the department to provide written notification to
221 specified parties upon the offender’s admission into
222 an in-prison treatment program; providing that the
223 department may find that an offender is not eligible
224 to participate in an in-prison treatment program under
225 certain circumstances; requiring written notification
226 from the department to certain parties if an offender
227 is terminated from or prevented from entering an in
228 prison treatment program; requiring that an offender
229 be transitioned to probation upon the completion of
230 his or her in-prison treatment program; requiring an
231 offender to comply with specified terms of drug
232 offender or mental health probation; requiring the
233 offender to pay specified costs associated with his or
234 her probation; providing that certain violations may
235 result in revocation of probation by the court and
236 imposition of any sentence authorized by law;
237 requiring the department to develop a computerized
238 system to track certain data; requiring the
239 department, on a certain date and annually thereafter,
240 to submit an annual report to the Governor and the
241 Legislature; requiring the department to adopt certain
242 rules; providing an effective date.