Florida Senate - 2019 SB 338 By Senator Brandes 24-00740A-19 2019338__ 1 A bill to be entitled 2 An act relating to extension of confinement; amending 3 s. 945.091, F.S.; authorizing the Department of 4 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; requiring the 8 department to administer a risk assessment instrument 9 to appropriately determine an inmate’s ability to be 10 released; authorizing the department to terminate the 11 inmate’s supervised community release and return him 12 or her to the same or another institution under 13 certain circumstances; authorizing a law enforcement 14 or probation officer to arrest an inmate without a 15 warrant under certain circumstances; requiring the law 16 enforcement or probation officer to report alleged 17 violations to a correctional officer for disposition 18 of disciplinary charges as prescribed by the 19 department by rule; requiring an inmate participating 20 in supervised community release to remain eligible to 21 earn or lose gain-time, subject to certain 22 restrictions; prohibiting the inmate from being 23 counted in the population of the prison system; 24 prohibiting the inmate’s approved community-based 25 housing location from being counted in the capacity 26 figures for the prison system; reenacting ss. 27 944.516(2), 945.092, and 946.503(2), F.S., relating to 28 money or other property received for personal use or 29 benefit of an inmate, limits on work-release and 30 minimum security custody for persons who have 31 committed the crime of escape, and definitions to be 32 used with respect to correctional work programs, 33 respectively, to incorporate the amendment made to s. 34 945.091, F.S., in references thereto; providing an 35 effective date. 36 37 Be It Enacted by the Legislature of the State of Florida: 38 39 Section 1. Paragraph (d) is added to subsection (1) of 40 section 945.091, Florida Statutes, to read: 41 945.091 Extension of the limits of confinement; restitution 42 by employed inmates.— 43 (1) The department may adopt rules permitting the extension 44 of the limits of the place of confinement of an inmate as to 45 whom there is reasonable cause to believe that the inmate will 46 honor his or her trust by authorizing the inmate, under 47 prescribed conditions and following investigation and approval 48 by the secretary, or the secretary’s designee, who shall 49 maintain a written record of such action, to leave the confines 50 of that place unaccompanied by a custodial agent for a 51 prescribed period of time to: 52 (d) Participate in supervised community release as 53 prescribed by the department by rule. The inmate’s participation 54 may begin 180 days before his or her provisional or tentative 55 release date. Such supervised community release must include 56 active electronic monitoring and community control as defined in 57 s. 948.001. The department must administer a risk assessment 58 instrument to appropriately determine an inmate’s ability to be 59 released pursuant to this paragraph. 60 1. If a participating inmate fails to comply with the 61 conditions prescribed by the department by rule for supervised 62 community release, the department may terminate the inmate’s 63 supervised community release and return him or her to the same 64 or another institution designated by the department. A law 65 enforcement officer or a probation officer may arrest the inmate 66 without a warrant in accordance with s. 948.06, if there are 67 reasonable grounds to believe he or she has violated the terms 68 and conditions of supervised community release. The law 69 enforcement officer or probation officer must report the 70 inmate’s alleged violations to a correctional officer for 71 disposition of disciplinary charges as prescribed by the 72 department by rule. 73 2. An inmate participating in supervised community release 74 under this paragraph remains eligible to earn or lose gain-time 75 in accordance with s. 944.275 and department rule, but may not 76 receive gain-time or other sentence credit in an amount that 77 would cause his or her sentence to expire, end, or terminate, or 78 that would result in his or her release before serving a minimum 79 of 85 percent of the sentence imposed. The inmate may not be 80 counted in the population of the prison system, and the inmate’s 81 approved community-based housing location may not be counted in 82 the capacity figures for the prison system. 83 Section 2. For the purpose of incorporating the amendment 84 made by this act to section 945.091, Florida Statutes, in a 85 reference thereto, subsection (2) of section 944.516, Florida 86 Statutes, is reenacted to read: 87 944.516 Money or other property received for personal use 88 or benefit of inmate; deposit; disposition of unclaimed trust 89 funds.—The Department of Corrections shall protect the financial 90 interest of the state with respect to claims which the state may 91 have against inmates in state institutions under its supervision 92 and control and shall administer money and other property 93 received for the personal benefit of such inmates. In carrying 94 out the provisions of this section, the department may delegate 95 any of its enumerated powers and duties affecting inmates of an 96 institution to the warden or regional director who shall 97 personally, or through designated employees of his or her 98 personal staff under his or her direct supervision, exercise 99 such powers or perform such duties. 100 (2) The department shall require documentation through an 101 accounting of receipts for expenditures by inmates placed on 102 extended limits of confinement pursuant to s. 945.091. However, 103 the department may allow such inmates an amount up to $25 per 104 week which may not require documentation and which may be used 105 for discretionary needs. The $25 per week may be increased by $5 106 biennially, beginning in fiscal year 1985-1986, up to a total of 107 $50. 108 Section 3. For the purpose of incorporating the amendment 109 made by this act to section 945.091, Florida Statutes, in a 110 reference thereto, section 945.092, Florida Statutes, is 111 reenacted to read: 112 945.092 Limits on work-release and minimum security custody 113 for persons who have committed the crime of escape.—A person who 114 has ever been convicted, regardless of adjudication, of the 115 offense of escape, as prohibited by s. 944.40 or its successor, 116 or as prohibited by a similar law of another state, is not 117 eligible for any work-release program under s. 945.091 or for 118 confinement in minimum security conditions. 119 Section 4. For the purpose of incorporating the amendment 120 made by this act to section 945.091, Florida Statutes, in a 121 reference thereto, subsection (2) of section 946.503, Florida 122 Statutes, is reenacted to read: 123 946.503 Definitions to be used with respect to correctional 124 work programs.—As used in this part, the term: 125 (2) “Correctional work program” means any program presently 126 a part of the prison industries program operated by the 127 department or any other correctional work program carried on at 128 any state correctional facility presently or in the future, but 129 the term does not include any program authorized by s. 945.091 130 or s. 946.40. 131 Section 5. This act shall take effect October 1, 2019.