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.