Florida Senate - 2020                                    SB 1304
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-01476A-20                                          20201304__
    1                        A bill to be entitled                      
    2         An act relating to sentencing; creating s. 948.0121,
    3         F.S.; defining terms; creating conditional sentences
    4         for substance use and mental health offenders;
    5         specifying eligibility requirements; providing minimum
    6         sentencing requirements; providing an exception to a
    7         conditional sentence; authorizing a presentence
    8         investigation report; specifying duties of the
    9         Department of Corrections; authorizing the department
   10         to enter into certain contracts; requiring the
   11         department to provide written notice to specified
   12         parties upon the offender’s admission into an in
   13         prison treatment program; providing that the
   14         department may find that an offender is ineligible for
   15         an in-prison program under certain circumstances;
   16         requiring written notice to certain parties if an
   17         offender is terminated from or prevented from entering
   18         an in-prison program; requiring that an offender be
   19         transitioned to probation upon the completion of an
   20         in-prison program; requiring an offender to comply
   21         with specified terms of probation; requiring the
   22         offender to pay specified costs; providing that
   23         certain violations may result in revocation of
   24         probation and imposition of any authorized sentence;
   25         requiring the department to develop a computerized
   26         tracking system; requiring the department make an
   27         annual report; requiring rulemaking; providing an
   28         effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Section 948.0121, Florida Statutes, is created
   33  to read:
   34         948.0121Conditional sentences for substance use or mental
   35  health offenders.—
   36         (1)DEFINITIONS.—As used in this section, the term:
   37         (a)“Department” means the Department of Corrections.
   38         (b)“Offender” means a person who is convicted of a felony
   39  offense and who receives a conditional sentence for substance
   40  use or a person with a mental health disorder as prescribed in
   41  this section.
   42         (2)CREATION.—A conditional sentence for offenders is
   43  established in accordance with s. 948.012. A court may sentence
   44  an offender to a conditional sentence in accordance with this
   45  section. A conditional sentence imposed by a court under this
   46  section does not confer to the offender any right to release
   47  from incarceration and placement on drug offender or mental
   48  health probation unless the offender complies with all sentence
   49  requirements in accordance with this section.
   50         (3)ELIGIBILITY.—For an offender to receive a conditional
   51  sentence under this section, he or she must be a nonviolent
   52  offender who is in need of substance use or mental health
   53  treatment and who does not pose a danger to the community. As
   54  used in this subsection, the term “nonviolent offender” means an
   55  offender who has never been convicted of, or pled guilty or no
   56  contest to, the commission of, an attempt to commit, or a
   57  conspiracy to commit, any of the following:
   58         (a)A capital, life, or first degree felony.
   59         (b)A second degree felony or third degree felony listed in
   60  s. 775.084(1)(c)1.
   61         (c)A violation of s. 784.021, s. 784.07, s. 827.03, or s.
   62  843.01 or any offense that requires a person to register as a
   63  sex offender in accordance with s. 943.0435.
   64         (d)An offense for which the sentence was enhanced under s.
   65  775.087.
   66         (e)An offense in another jurisdiction which would be an
   67  offense described in this subsection, or which would have been
   68  enhanced under s. 775.087 if the offense had been committed in
   69  this state.
   70         (4)SENTENCING REQUIREMENTS.—
   71         (a)As part of a conditional sentence for an offender with
   72  a substance use or mental health disorder, a court must order
   73  such offender, at a minimum, to:
   74         1.Serve a term of imprisonment which must include an in
   75  prison treatment program for substance use, mental health, or
   76  co-occurring disorders which consists of a minimum of 90 days of
   77  custodial treatment and is administered by the department at a
   78  department facility.
   79         2.Upon successful completion of a custodial treatment
   80  program, comply with a term of special offender probation for 24
   81  months, which shall serve as a modification of the remainder of
   82  his or her term of imprisonment, and must consist of:
   83         a.Either drug offender or mental health probation, to be
   84  determined by the court at the time of sentencing.
   85         b.Any special conditions of probation ordered by the
   86  sentencing court.
   87         c.Any recommendations made by the department in a
   88  postrelease treatment plan for substance use or mental health
   89  aftercare services.
   90         (b)If the department finds that the offender is ineligible
   91  or not appropriate for placement in a custodial treatment
   92  program for the reasons prescribed in subsection (7), or for any
   93  other reason the department deems as good cause then the
   94  offender shall serve the remainder of his or her term of
   95  imprisonment in the custody of the department.
   96         (c)The appropriate type of special offender probation
   97  shall be determined by the court at the time of sentencing based
   98  upon the recommendation by the department in a presentence
   99  investigation report.
  100         (5)PRESENTENCE INVESTIGATION REPORT.—The court may order
  101  the department to conduct a presentence investigation report in
  102  accordance with s. 921.231 for an offender who the court
  103  believes may be sentenced under this section to provide the
  104  court with appropriate information to make a determination at
  105  the time of sentencing of whether drug offender or mental health
  106  probation is most appropriate for the offender.
  107         (6)DEPARTMENT DUTIES.—The department:
  108         (a)Shall administer custodial treatment programs that
  109  comply with the type of treatment required in this section.
  110         (b)May develop and enter into performance-based contracts
  111  with qualified individuals, agencies, or corporations to provide
  112  any services necessary for the custodial treatment program. Such
  113  contracts may only be entered into or renewed if the contracts
  114  offer a substantial savings to the department. The department
  115  may establish a system of incentives in a custodial treatment
  116  program to promote offender participation in rehabilitative
  117  programs and the orderly operation of institutions and
  118  facilities.
  119         (c)Shall provide a special training program for staff
  120  members selected to administer or implement a custodial
  121  treatment program.
  122         (d)Shall evaluate the offender’s needs and develop a
  123  postrelease treatment plan that includes substance use or mental
  124  health aftercare services.
  125         (7)IN-PRISON TREATMENT.—
  126         (a)The department shall give written notification of the
  127  offender’s admission into an in-prison treatment program portion
  128  of the conditional sentence to the sentencing court, the state
  129  attorney, the defense counsel for the offender, and any victim
  130  of the offense committed by the offender.
  131         (b)If, after evaluating an offender for custody and
  132  classification status, the department determines at any point
  133  during the term of imprisonment that an offender sentenced under
  134  this section does not meet the criteria for placement in an in
  135  prison treatment program portion of the conditional sentence, as
  136  determined in rule by the department, or that space is not
  137  available for the offender’s placement in an in-prison treatment
  138  program, the department must immediately notify the court, the
  139  state attorney, and the defense counsel that this portion of the
  140  sentence is unsuccessfully served in accordance with paragraph
  141  (4)(b).
  142         (c)If, after placement in an in-prison treatment program,
  143  an offender is unable to participate due to medical concerns or
  144  other reasons, he or she must be examined by qualified medical
  145  personnel or qualified nonmedical personnel appropriate for the
  146  offender’s situation, as determined by the department. The
  147  qualified personnel shall consult with the director of the in
  148  prison treatment program, and the director shall determine
  149  whether the offender will continue with treatment or be
  150  discharged from the program. If the director discharges the
  151  offender from the treatment program, the department must
  152  immediately notify the court, the state attorney, and the
  153  defense counsel that this portion of the sentence is
  154  unsuccessfully served in accordance with paragraph (4)(b).
  155         (d)If, after placement in an in-prison treatment program,
  156  an offender is unable to participate due to disruptive behavior
  157  or violations of any of the rules the department adopts to
  158  implement this section, the director shall determine whether the
  159  offender will continue with treatment or be discharged from the
  160  program. If the director discharges the offender from the
  161  treatment program, the department must immediately notify the
  162  court, the state attorney, and the defense counsel that this
  163  portion of the sentence is unsuccessfully served in accordance
  164  with paragraph (4)(b).
  165         (e)An offender participating in an in-prison treatment
  166  program portion of his or her sentence must comply with any
  167  additional requirements placed on the participants by the
  168  department in rule. If an offender violates a rule, he or she
  169  may have sanctions imposed, including loss of privileges,
  170  restrictions, disciplinary confinement, forfeiture of gain-time
  171  or the right to earn gain-time in the future, alteration of
  172  release plans, termination from the in-prison treatment program,
  173  or other program modifications in keeping with the nature and
  174  gravity of the rule violation. The department may place an
  175  offender participating in an in-prison treatment program in
  176  administrative or protective confinement, as necessary.
  177         (8)DRUG OFFENDER OR MENTAL HEALTH PROBATION.—
  178         (a)Upon completion of the in-prison treatment program
  179  ordered by the court, the offender shall be transitioned into
  180  the community to begin his or her drug offender or mental health
  181  probation for a term of 24 months, as ordered by the court at
  182  the time of sentencing in accordance with subsection (4).
  183         (b)An offender on drug offender or mental health probation
  184  following a conditional sentence imposed under this section must
  185  comply with all standard conditions of his or her probation and
  186  any special condition of probation ordered by the sentencing
  187  court, including participation in an aftercare substance abuse
  188  or mental health program, residence in a postrelease
  189  transitional residential halfway house, or any other appropriate
  190  form of supervision or treatment.
  191         (c)1.If an offender placed on drug offender probation
  192  resides in a county that has established a drug court or a
  193  postadjudicatory drug court, the offender shall be monitored by
  194  the court as a condition of drug offender probation.
  195         2.If an offender placed on mental health probation resides
  196  in a county that has established a mental health court, the
  197  offender shall be monitored by the court as a condition of
  198  mental health probation.
  199         (d)While on probation pursuant to this subsection, the
  200  offender shall pay all appropriate costs of probation to the
  201  department. An offender who is determined to be financially able
  202  shall also pay all costs of substance abuse or mental health
  203  treatment. The court may impose on the offender additional
  204  conditions requiring payment of restitution, court costs, fines,
  205  community service, or compliance with other special conditions.
  206         (e)An offender’s violation of any condition or order may
  207  result in revocation of probation by the court and imposition of
  208  any sentence authorized under the law, with credit given for the
  209  time already served in prison.
  210         (9)REPORTING.—The department shall develop a computerized
  211  system to track data on the recidivism and recommitment of
  212  offenders who have been sentenced to a conditional sentence for
  213  substance use or mental health offenders. On October 1, 2021,
  214  and on each October 1 thereafter, the department shall submit an
  215  annual report of the results of the collected data to the
  216  Governor, the President of the Senate, and the Speaker of the
  217  House of Representatives.
  218         (10)RULEMAKING.—The department shall adopt rules pursuant
  219  to ss. 120.536(1) and 120.54 to administer this section.
  220         Section 2. This act shall take effect October 1, 2020.