Bill Text: FL H0917 | 2011 | Regular Session | Comm Sub

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Bill Title: Sentencing of Inmates

Spectrum: Slight Partisan Bill (Democrat 4-1-1)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0917 Detail]

Download: Florida-2011-H0917-Comm_Sub.html

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CS/HB 917

1	A bill to be entitled
2	An act relating to the sentencing of inmates; defining the
3	terms "department" and "nonviolent offender"; directing
4	the Department of Corrections to develop and administer a
5	reentry program for nonviolent offenders which is intended
6	to divert nonviolent offenders from long periods of
7	incarceration; requiring that the program include
8	intensive substance abuse treatment and rehabilitative
9	programming; providing for the minimum length of service
10	in the program; providing that any portion of a sentence
11	before placement in the program does not count as progress
12	toward program completion; specifying eligibility criteria
13	for a nonviolent offender to be placed into the reentry
14	program; directing the department to notify the nonviolent
15	offender's sentencing court to obtain approval before the
16	nonviolent offender is placed into the reentry program;
17	requiring the department to notify the state attorney;
18	authorizing the state attorney to file objections to
19	placing the offender into the reentry program within a
20	specified period; requiring the sentencing court to notify
21	the department of the court's decision to approve or
22	disapprove the requested placement within a specified
23	period; providing that failure of the court to timely
24	notify the department of the court's decision constitutes
25	approval by the requested placement; requiring the
26	nonviolent offender to undergo an education assessment and
27	a full substance abuse assessment if admitted into the
28	reentry program; requiring the offender to be enrolled in
29	an adult education program in specified circumstances;
30	requiring that assessments of vocational skills and future
31	career education be provided to the offender; requiring
32	that certain reevaluation be made periodically; providing
33	that the nonviolent offender is subject to the
34	disciplinary rules of the department; specifying the
35	reasons for which the offender may be terminated from the
36	reentry program; requiring that the department submit a
37	report to the sentencing court at least 30 days before the
38	nonviolent offender is scheduled to complete the reentry
39	program; setting forth the issues to be addressed in the
40	report; requiring the sentencing court to issue an order
41	modifying the sentence imposed and place the nonviolent
42	offender on drug offender probation if the nonviolent
43	offender's performance is satisfactory; authorizing the
44	court to revoke probation and impose the original sentence
45	in specified circumstances; authorizing the court to
46	require the offender to complete a postadjudicatory drug
47	court program in specified circumstances; directing the
48	department to implement the reentry program using
49	available resources; requiring the department to submit an
50	annual report to the Governor and Legislature detailing
51	the extent of implementation of the reentry program and
52	outlining future goals and recommendations; authorizing
53	the department to enter into contracts with qualified
54	individuals, agencies, or corporations for services for
55	the reentry program; authorizing the department to impose
56	administrative or protective confinement as necessary;
57	authorizing the department to establish a system of
58	incentives within the reentry program which the department
59	may use to promote participation in rehabilitative
60	programs and the orderly operation of institutions and
61	facilities; directing the department to develop a system
62	for tracking recidivism, including, but not limited to,
63	rearrests and recommitment of nonviolent offenders who
64	successfully complete the reentry program, and to report
65	on recidivism in its annual report of the program;
66	directing the department to adopt rules; providing an
67	effective date.
68
69	Be It Enacted by the Legislature of the State of Florida:
70
71	Section 1.  Nonviolent offender reentry program.-
72	(1)  As used in this section, the term:
73	(a)  "Department" means the Department of Corrections.
74	(b)  "Nonviolent offender" means an offender who has:
75	1.  Been convicted of a third-degree felony offense that is
76	not a forcible felony as defined in s. 776.08, Florida Statutes;
77	and
78	2.  Not been convicted of any offense that requires a
79	person to register as a sexual offender pursuant to s. 943.0435,
80	Florida Statutes.
81	(2)(a)  The department shall develop and administer a
82	reentry program for nonviolent offenders. The reentry program
83	must include prison-based substance abuse treatment, general
84	education development and adult basic education courses,
85	vocational training, training in decisionmaking and personal
86	development, and other rehabilitation programs.
87	(b)  The reentry program is intended to divert nonviolent
88	offenders from long periods of incarceration when a reduced
89	period of incarceration followed by participation in intensive
90	substance abuse treatment and rehabilitative programming could
91	produce the same deterrent effect, rehabilitate the offender,
92	and reduce recidivism.
93	(c)  The nonviolent offender shall serve at least 120 days
94	in the reentry program. The offender may not count any portion
95	of his or her sentence served before placement in the reentry
96	program as progress toward program completion.
97	(d)  A reentry program may be operated in a secure area in
98	or adjacent to an adult institution.
99	(3)(a)  Upon receiving a potential reentry program
100	participant, the department shall screen the nonviolent offender
101	for eligibility criteria to participate in the reentry program.
102	In order to participate, a nonviolent offender must have served
103	at least one-half of his or her original sentence and must have
104	been identified as having a need for substance abuse treatment.
105	When screening a nonviolent offender, the department shall
106	consider the offender's criminal history and the possible
107	rehabilitative benefits that substance abuse treatment,
108	educational programming, vocational training, and other
109	rehabilitative programming might have on the offender.
110	(b)1.  If a nonviolent offender meets the eligibility
111	criteria and space is available in the reentry program, the
112	department shall request the sentencing court to approve the
113	offender's participation in the reentry program.
114	2.  This section does not create or confer any right to any
115	nonviolent offender to placement in the reentry program or any
116	right to placement or early release under supervision of any
117	type. A nonviolent offender has no cause of action against the
118	department, a court, or the state attorney related to the
119	reentry program.
120	(c)1.  The department shall notify the state attorney that
121	the offender is being considered for placement in the reentry
122	program. The notice must explain to the state attorney that a
123	proposed reduced period of incarceration, followed by
124	participation in substance abuse treatment and other
125	rehabilitative programming, could produce the same deterrent
126	effect otherwise expected from a lengthy incarceration.
127	2.  The notice must also state that the state attorney may
128	notify the sentencing court in writing of any objection the
129	state attorney might have if the nonviolent offender is placed
130	in the reentry program. The state attorney must notify the
131	sentencing court of his or her objections within 14 days after
132	receiving the notice.
133	(d)  The sentencing court shall notify the department in
134	writing of the court's decision to approve or disapprove the
135	requested placement of the nonviolent offender no later than 28
136	days after the court receives the department's request to place
137	the offender in the reentry program. Failure to notify the
138	department of the court's decision within the 28-day period
139	constitutes approval to place the offender into the reentry
140	program.
141	(4)  After the nonviolent offender is admitted into the
142	reentry program, he or she shall undergo a full substance abuse
143	assessment to determine his or her substance abuse treatment
144	needs. The offender shall also have an educational assessment,
145	which shall be accomplished using the Test of Adult Basic
146	Education or any other testing instrument approved by the
147	Department of Education. Each offender who has not obtained a
148	high school diploma shall be enrolled in an adult education
149	program designed to aid the offender in improving his or her
150	academic skills and earn a high school diploma. Further
151	assessments of the offender's vocational skills and future
152	career education shall be provided to the offender as needed. A
153	periodic reevaluation shall be made in order to assess the
154	progress of each offender.
155	(5)(a)  If a nonviolent offender in the reentry program
156	becomes unmanageable, the department may revoke the offender's
157	gain-time and place the offender in disciplinary confinement in
158	accordance with department rule. Except as provided in paragraph
159	(b), the offender shall be readmitted to the reentry program
160	after completing the ordered discipline. Any period of time
161	during which the offender is unable to participate in the
162	reentry program shall be excluded from the specified time
163	requirements in the reentry program.
164	(b)  The department may terminate an offender from the
165	reentry program if:
166	1.  The offender commits or threatens to commit a violent
167	act;
168	2.  The department determines that the offender is unable
169	to participate in the reentry program due to the offender's
170	medical condition;
171	3.  The offender's sentence is modified or expires;
172	4.  The department reassigns the offender's classification
173	status; or
174	5.  The department determines that removing the offender
175	from the reentry program is in the best interest of the offender
176	or the security of the institution.
177	(6)(a)  The department shall submit a report to the court
178	at least 30 days before the nonviolent offender is scheduled to
179	complete the reentry program. The report must describe the
180	offender's performance in the reentry program. If the
181	performance is satisfactory, the court shall issue an order
182	modifying the sentence imposed and place the offender on drug
183	offender probation subject to the offender's successful
184	completion of the remainder of the reentry program. The term of
185	drug offender probation may include placement in a community
186	residential or nonresidential substance abuse treatment facility
187	under the jurisdiction of the department or the Department of
188	Children and Family Services or any public or private entity
189	providing such services. If the nonviolent offender violates the
190	conditions of drug offender probation, the court may revoke
191	probation and impose any sentence that it might have originally
192	imposed.
193	(b)  If an offender being released pursuant to paragraph
194	(a) intends to reside in a county that has established a
195	postadjudicatory drug court program as described in s. 397.334,
196	Florida Statutes, the sentencing court may require the offender
197	to successfully complete the postadjudicatory drug court program
198	as a condition of drug offender probation. The original
199	sentencing court shall relinquish jurisdiction of the offender's
200	case to the postadjudicatory drug court program until the
201	offender is no longer active in the program, the case is
202	returned to the sentencing court due to the offender's
203	termination from the program for failure to comply with the
204	terms thereof, or the offender's sentence is completed. If
205	transferred to a postadjudicatory drug court program, the
206	offender shall comply with all conditions and orders of the
207	program.
208	(7)  The department shall implement the reentry program to
209	the fullest extent feasible within available resources.
210	(8)  The department shall submit an annual report to the
211	Governor, the President of the Senate, and the Speaker of the
212	House of Representatives detailing the extent of implementation
213	of the reentry program and outlining future goals and any
214	recommendation the department has for future legislative action.
215	(9)  The department may enter into performance-based
216	contracts with qualified individuals, agencies, or corporations
217	for the provision of any or all of the services for the reentry
218	program.
219	(10)  A nonviolent offender in the reentry program is
220	subject to rules of conduct established by the department and
221	may have sanctions imposed, including loss of privileges,
222	restrictions, disciplinary confinement, alteration of release
223	plans, or other program modifications in keeping with the nature
224	and gravity of the program violation. Administrative or
225	protective confinement, as necessary, may be imposed.
226	(11)  The department may establish a system of incentives
227	within the reentry program which the department may use to
228	promote participation in rehabilitative programs and the orderly
229	operation of institutions and facilities.
230	(12)  The department shall develop a system for tracking
231	recidivism, including, but not limited to, rearrests and
232	recommitment of nonviolent offenders who successfully complete
233	the reentry program, and shall report the recidivism rate in its
234	annual report of the program.
235	(13)  The department shall adopt rules pursuant to ss.
236	120.536(1) and 120.54, Florida Statutes, to administer the
237	reentry program.
238	Section 2.  This act shall take effect October 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.