Florida Senate - 2024 SB 1048 By Senator Burgess 23-01369A-24 20241048__ 1 A bill to be entitled 2 An act relating to an independent incentivized prison 3 program; creating s. 944.8032, F.S.; providing 4 legislative intent; defining the terms “nonviolent 5 offense,” “recidivism,” and “tentative release date”; 6 requiring the Department of Corrections to establish 7 an independent incentivized prison program for 8 nonviolent offenders; providing location requirements 9 for the program; specifying admission criteria and 10 program requirements; providing reporting requirements 11 by specified dates; requiring annual reports after a 12 specified date; requiring the department to adopt 13 rules; providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Section 944.8032, Florida Statutes, is created 18 to read: 19 944.8032 Independent incentivized prison program.— 20 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature 21 that the department expand the incentivized prison program to 22 provide education, life skills, and discharge planning in a 23 continued effort to reduce recidivism rates. The department is 24 encouraged to identify areas of need and alternative pathways to 25 reducing recidivism rates. 26 (2) DEFINITIONS.—As used in this section, the term: 27 (a) “Nonviolent offense” means an offense, or attempted 28 offense, that does not involve the intentional use or threat of 29 physical force or violence against another individual. 30 (b) “Recidivism” means an inmate’s rearrest, conviction, 31 reincarceration, or probation revocation within 3 years after 32 his or her release from incarceration. 33 (c) “Tentative release date” means the anticipated date on 34 which an inmate will be released from incarceration after the 35 application of adjustment for any gain-time earned or credit for 36 time served. 37 (3) PROGRAM ESTABLISHMENT.—The department shall establish 38 an independent incentivized prison program under the Office of 39 Programs and Re-Entry for nonviolent offenders who have 40 demonstrated positive behavior while incarcerated. The program’s 41 focus must be on preparing inmates for reentry into the 42 community by emphasizing education and vocational training, job 43 readiness skills, substance use disorder treatment, mental 44 health treatment, life skills, and postrelease planning. 45 (4) LOCATION.—The department shall establish the 46 independent incentivized prison program at a rural correctional 47 institution that houses male inmates at a capacity of at least 48 1,500 inmates and that is located in a county that has a 49 population of no fewer than 25,000 and no more than 30,000. The 50 program shall serve the entire institution. 51 (5) ADMISSION CRITERIA.— 52 (a) To qualify for participation in the independent 53 incentivized prison program, an inmate must: 54 1. Be a citizen of the United States; 55 2. Request to participate in the program using the process 56 developed by the department by rule; 57 3. Be serving a term of imprisonment only for a nonviolent 58 offense or offenses that are not a violation of any offense 59 listed in s. 775.21; s. 776.08, except violations of s. 60 810.02(3)(b), (3)(f), or (4); s. 794.051(1); s. 794.053; s. 61 796.05; s. 828.12(2); s. 828.122(3); s. 828.125(1); s. 828.126; 62 s. 847.011; s. 847.012; or s. 943.0435; 63 4. Have never been convicted of a violation of any offense 64 listed in s. 775.21 or s. 943.0435; 65 5. Have a tentative release date that is greater than 24 66 months away and not more than 60 months away at the time of 67 consideration for the program; and 68 6. Qualify under department rules to participate in an 69 incentivized prison program. 70 (b) The department shall give priority consideration to an 71 inmate who is a veteran as defined in s. 1.01 and who meets the 72 requirements of paragraph (a). 73 (c) An inmate may be removed from the independent 74 incentivized prison program if: 75 1. The inmate is found guilty of a violation on any 76 disciplinary report; 77 2. The inmate requests removal in the manner prescribed by 78 the department by rule; or 79 3. The department determines that the inmate poses a threat 80 to the safety, security, or orderly operation of the independent 81 incentivized prison program, and such threat is documented by 82 the department. 83 (6) PROGRAM REQUIREMENTS.— 84 (a) The department shall consult with CareerSource Florida 85 to identify high-demand occupations in which inmates are likely 86 to gain successful employment upon release. The department shall 87 prioritize its training and educational opportunities to prepare 88 program participants for such occupations. 89 (b) Upon entry into the program, the department shall 90 evaluate all of the participants’ needs related to education and 91 vocational training, substance use disorder treatment, mental 92 health treatment, and community supports. 93 (c) The department shall provide program participants 94 access to substance abuse treatment, remedial and basic 95 educational services, and other enrichment programs in the same 96 manner as provided in other incentivized prison programs in 97 correctional institutions operated by the department. 98 (d) The department shall provide increased visitation and 99 increased phone calls or free phone calls to program 100 participants and may provide any other incentives to program 101 participants as deemed appropriate by the department. 102 (e) The department may enter into agreements with the 103 Florida Virtual School and local state colleges and universities 104 to provide access to academic education and vocational training. 105 (f) Services in the independent incentivized prison program 106 must be provided in a facility that is fully equipped with air 107 conditioning. However, the program may begin before the facility 108 is fully equipped with air-conditioning. 109 (g) The department shall employ transition specialists who 110 are responsible for developing an individualized reentry plan 111 for each of the program participants. Each individualized 112 reentry plan must address: 113 1. Obtaining identification needed for reentry, such as 114 birth certificates, social security cards, and a state-issued 115 identification card or driver license; 116 2. Obtaining any necessary vocational or occupational 117 license or credential; 118 3. Eligibility for state and federal benefits, including, 119 but not limited to, social security benefits and veteran 120 benefits; 121 4. Accessing health services in the community, including 122 medical and dental treatment, mental health services, and 123 substance use disorder treatment; 124 5. Job placement and other employment services, such as 125 interviewing skills and resume writing; 126 6. Meeting basic physical needs, such as housing, food, and 127 clothing; 128 7. Life skills, including, but not limited to, money 129 management, anger management, and conflict resolution; 130 8. Identification of support systems, such as family, 131 friends, community groups, religious activities, and recovery 132 groups; 133 9. Academic and vocational programs; 134 10. Transportation; and 135 11. Postrelease support for 12 months. 136 (h) The department shall provide specialized training for 137 staff and correctional officers in the independent incentivized 138 prison program. 139 (7) REPORTS.—The department shall submit the following 140 reports to the Governor, the President of the Senate, and the 141 Speaker of the House of Representatives: 142 (a) By October 1, 2025, a report that provides an overview 143 of the program as implemented and, at a minimum, provides: 144 1. The status of implementation of the independent 145 incentivized prison program; 146 2. Identified high-demand occupations and implemented 147 vocational training and educational programs; 148 3. The implemented services and programming available to 149 participants; 150 4. A description of incentives provided to participants; 151 5. A status update on equipping the facility with air 152 conditioning; 153 6. The number and description of participants’ disciplinary 154 reports and removals from the program, as applicable; and 155 7. Any information required under paragraph (b), as 156 applicable. 157 (b) By October 1, 2028, and annually thereafter, a report 158 that includes the following: 159 1. The number of participants in the independent 160 incentivized prison program and a description of program 161 participants, including, but not limited to, the types of crimes 162 for which participants are incarcerated, the average length of 163 time remaining on participants’ sentences at the time of entry 164 into the program, the number of participants subject to 165 supervision upon release from incarceration, and the basic 166 demographics of the participants; 167 2. A description of the educational and vocational courses 168 offered through the program, the number of participants enrolled 169 in each course, and the number of participants who have 170 completed each course; 171 3. The number of job placements for participants upon 172 release, by educational and vocational skill, as applicable; 173 4. Community involvement in the program; 174 5. Participant satisfaction; 175 6. The number of participants who are removed from the 176 program for disciplinary issues, who requested removal from the 177 program, or who were removed from the program due to other 178 reasons, as applicable; 179 7. Recommendations of the department and of program 180 participants; and 181 8. The recidivism rate of participants in the independent 182 incentivized prison program, of participants in other 183 incentivized programs previously established by the department, 184 and of nonparticipating inmates. 185 (8) RULEMAKING.—The department shall adopt rules pursuant 186 to ss. 120.536(1) and 120.54 to implement and administer this 187 section. 188 Section 2. This act shall take effect July 1, 2024.