Florida Senate - 2019 CS for SB 1074
By the Committee on Criminal Justice; and Senator Brandes
591-03159-19 20191074c1
1 A bill to be entitled
2 An act relating to sentencing; creating s. 948.0121,
3 F.S.; defining terms; creating a conditional sentence
4 for substance use and mental health offenders in
5 accordance with s. 948.012, F.S.; authorizing a court
6 to sentence an offender to a conditional sentence;
7 specifying requirements an offender must meet to be
8 eligible to receive a conditional sentence; requiring
9 that an eligible offender be a nonviolent offender;
10 defining the term “nonviolent offender”; providing
11 minimum sentencing requirements for a conditional
12 sentence; providing an exception to the court’s order
13 of a conditional sentence; authorizing the sentencing
14 court to have the Department of Corrections provide a
15 presentence investigation report in accordance with s.
16 921.231, F.S., to provide the court with certain
17 information to determine the type of probation most
18 appropriate for the offender; requiring the department
19 to perform specified duties; authorizing the
20 department to enter into certain contracts; requiring
21 the department to provide written notification to
22 specified parties upon the offender’s admission into
23 an in-prison treatment program; providing that the
24 department may find that an offender is not eligible
25 to participate in an in-prison treatment program under
26 certain circumstances; requiring written notification
27 from the department to certain parties if an offender
28 is terminated from or prevented from entering an in
29 prison treatment program; requiring that an offender
30 be transitioned to probation upon the completion of
31 his or her in-prison treatment program; requiring an
32 offender to comply with specified terms of drug
33 offender or mental health probation; requiring the
34 offender to pay specified costs associated with his or
35 her probation; providing that certain violations may
36 result in revocation of probation by the court and
37 imposition of any sentence authorized by law;
38 requiring the department to develop a computerized
39 system to track certain data; requiring the
40 department, on a certain date and annually thereafter,
41 to submit an annual report to the Governor and the
42 Legislature; requiring the department to adopt certain
43 rules; providing an effective date.
44
45 Be It Enacted by the Legislature of the State of Florida:
46
47 Section 1. Section 948.0121, Florida Statutes, is created
48 to read:
49 948.0121 Conditional sentences for substance use or mental
50 health offenders.—
51 (1) DEFINITIONS.—As used in this section, the term:
52 (a) “Department” means the Department of Corrections.
53 (b) “Offender” means a person found guilty of a felony
54 offense and who receives a conditional sentence for substance
55 use or mental health offenders as prescribed in this section.
56 (2) CREATION.—A conditional sentence for substance use or
57 mental health offenders is established in accordance with s.
58 948.012. A court may sentence an offender to a conditional
59 sentence in accordance with this section. A conditional sentence
60 imposed by a court pursuant to this section does not confer to
61 the offender any right to release from incarceration and
62 placement on drug offender or mental health offender probation
63 unless such offender complies with all sentence requirements in
64 accordance with this section.
65 (3) ELIGIBILITY.—For an offender to receive a conditional
66 sentence under this section, he or she must be a nonviolent
67 offender who is in need of substance use or mental health
68 treatment and who does not pose a danger to the community. As
69 used in this subsection, the term “nonviolent offender” means an
70 offender who has never been convicted of, or pled guilty or no
71 contest to, the commission of, an attempt to commit, or a
72 conspiracy to commit, any of the following:
73 (a) A capital, life, or first degree felony.
74 (b) A second degree felony or third degree felony listed in
75 s. 775.084(1)(c)1.
76 (c) A violation of s. 784.021, s. 784.07, s. 827.03, or s.
77 843.01, or any offense that requires a person to register as a
78 sex offender in accordance with s. 943.0435.
79 (d) An offense for which the sentence was enhanced under s.
80 775.087.
81 (e) An offense in another jurisdiction which would be an
82 offense described in this subsection, or which would have been
83 enhanced under s. 775.087, if that offense had been committed in
84 this state.
85 (4) SENTENCING REQUIREMENTS.—
86 (a) A court must order the offender as a part of a
87 conditional sentence for substance use or mental health
88 offenders, at a minimum, to:
89 1. Serve a term of imprisonment which must include an in
90 prison treatment program for substance use, mental health, or
91 co-occurring disorders which is a minimum of 90 days in-custody
92 treatment and is administered by the department at a department
93 facility; and
94 2. Upon successful completion of such in-custody treatment
95 program, comply with a term of special offender probation for 24
96 months, which shall serve as a modification of the remainder of
97 his or her term of imprisonment, and must consist of:
98 a. Either drug offender or mental health probation, to be
99 determined by the court at the time of sentencing;
100 b. Any special conditions of probation ordered by the
101 sentencing court; and
102 c. Any recommendations made by the department in a
103 postrelease treatment plan for substance use or mental health
104 aftercare services.
105 (b) If the department finds that the offender is ineligible
106 or not appropriate for placement in an in-custody treatment
107 program for the reasons prescribed in subsection (7), or for any
108 other reason the department deems as good cause then the
109 offender shall serve the remainder of his or her term of
110 imprisonment in the custody of the department.
111 (c) The appropriate type of special offender probation
112 shall be determined by the court at the time of sentencing based
113 upon the recommendation by the department in a presentence
114 investigation report.
115 (5) PRESENTENCE INVESTIGATION REPORT.—The court may order
116 the department to conduct a presentence investigation report in
117 accordance with s. 921.231 for any offender who the court
118 believes may be sentenced under this section to provide the
119 court with appropriate information to make a determination at
120 the time of sentencing of whether drug offender or mental health
121 probation is most appropriate for the offender.
122 (6) DEPARTMENT DUTIES.—The department:
123 (a) Shall administer treatment programs that comply with
124 the type of treatment required in this section.
125 (b) May develop and enter into performance-based contracts
126 with qualified individuals, agencies, or corporations to provide
127 any or all services necessary for the in-custody treatment
128 program. Such contracts may not be entered into or renewed
129 unless they offer a substantial savings to the department. The
130 department may establish a system of incentives in an in-custody
131 treatment program to promote offender participation in
132 rehabilitative programs and the orderly operation of
133 institutions and facilities.
134 (c) Shall provide a special training program for staff
135 members selected to administer or implement an in-custody
136 treatment program.
137 (d) Shall evaluate the offender’s needs and develop a
138 postrelease treatment plan that includes substance use or mental
139 health aftercare services.
140 (7) IN-PRISON TREATMENT.—
141 (a) The department shall give written notification of the
142 offender’s admission into an in-prison treatment program portion
143 of the conditional sentence to the sentencing court, the state
144 attorney, the defense counsel for the offender, and any victim
145 of the offense committed by the offender.
146 (b) If, after evaluating an offender for custody and
147 classification status, the department determines at any point
148 during the term of imprisonment that an offender sentenced under
149 this section does not meet the criteria for placement in an in
150 prison treatment program portion of the conditional sentence, as
151 determined in rule by the department, or that space is not
152 available for the offender’s placement in an in-prison treatment
153 program, the department must immediately notify the court, the
154 state attorney, and the defense counsel that this portion of the
155 sentence is unsuccessfully served in accordance with paragraph
156 (4)(b).
157 (c) If, after placement in an in-prison treatment program,
158 an offender is unable to participate due to medical concerns or
159 other reasons, he or she must be examined by qualified medical
160 personnel or qualified nonmedical personnel appropriate for the
161 offender’s situation, as determined by the department. The
162 qualified personnel shall consult with the director of the in
163 prison treatment program, and the director shall determine
164 whether the offender will continue with treatment or be
165 discharged from the program. If the director discharges the
166 offender from the treatment program, the department must
167 immediately notify the court, the state attorney, and the
168 defense counsel that this portion of the sentence is
169 unsuccessfully served in accordance with paragraph (4)(b).
170 (d) If, after placement in an in-prison treatment program,
171 an offender is unable to participate due to disruptive behavior
172 or violations of any of the rules the department adopts to
173 implement this section, the director shall determine whether the
174 offender will continue with treatment or be discharged from the
175 program. If the director discharges the offender from the
176 treatment program, the department must immediately notify the
177 court, the state attorney, and the defense counsel that this
178 portion of the sentence is unsuccessfully served in accordance
179 with paragraph (4)(b).
180 (e) An offender participating in an in-prison treatment
181 program portion of his or her imprisonment must comply with any
182 additional requirements placed on the participants by the
183 department in rule. If an offender violates any of the rules, he
184 or she may have sanctions imposed, including loss of privileges,
185 restrictions, disciplinary confinement, forfeiture of gain-time
186 or the right to earn gain-time in the future, alteration of
187 release plans, termination from the in-prison treatment program,
188 or other program modifications in keeping with the nature and
189 gravity of the program violation. The department may place an
190 inmate participating in an in-prison treatment program in
191 administrative or protective confinement, as necessary.
192 (8) DRUG OFFENDER OR MENTAL HEALTH PROBATION.—
193 (a) Upon completion of the in-prison treatment program
194 ordered by the court, the offender shall be transitioned into
195 the community to begin his or her drug offender or mental health
196 probation for a term of 24 months, as ordered by the court at
197 the time of sentencing in accordance with subsection (4).
198 (b) An offender on drug offender or mental health probation
199 following a conditional sentence imposed pursuant to this
200 section must comply with all standard conditions of drug
201 offender or mental health probation and any special condition of
202 probation ordered by the sentencing court, including
203 participation in an aftercare substance abuse or mental health
204 program, residence in a postrelease transitional residential
205 halfway house, or any other appropriate form of supervision or
206 treatment.
207 (c)1. If an offender placed on drug offender probation
208 resides in a county that has established a drug court or a
209 postadjudicatory drug court, the offender shall be monitored by
210 the court as a condition of drug offender probation.
211 2. If an offender placed on mental health offender
212 probation resides in a county that has established a mental
213 health court, the offender shall be monitored by the court as a
214 condition of mental health offender probation.
215 (d) While on probation pursuant to this subsection, the
216 offender shall pay all appropriate costs of probation to the
217 department. An offender who is determined to be financially able
218 shall also pay all costs of substance abuse or mental health
219 treatment. The court may impose on the offender additional
220 conditions requiring payment of restitution, court costs, fines,
221 community service, or compliance with other special conditions.
222 (e) An offender’s violation of any condition or order may
223 result in revocation of probation by the court and imposition of
224 any sentence authorized under the law, with credit given for the
225 time already served in prison.
226 (9) REPORTING.—The department shall develop a computerized
227 system to track data on the recidivism and recommitment of
228 offenders who have been sentenced to a conditional sentence for
229 substance use or mental health offenders. On October 1, 2020,
230 and on each October 1 thereafter, the department shall submit an
231 annual report of the results of the collected data to the
232 Governor, the President of the Senate, and the Speaker of the
233 House of Representatives.
234 (10) RULEMAKING.—The department shall adopt rules pursuant
235 to ss. 120.536(1) and 120.54 to administer this section.
236 Section 2. This act shall take effect October 1, 2019.