Florida Senate - 2009                                    SB 2616
       
       
       
       By Senator Joyner
       
       
       
       
       18-01641-09                                           20092616__
    1                        A bill to be entitled                      
    2         An act relating to inmate re-entry to the workforce;
    3         amending s. 944.012, F.S.; revising an agency
    4         reference; amending s. 944.024, F.S.; requiring that
    5         an offender’s postsentence intake include a vocational
    6         assessment; amending s. 944.705, F.S.; requiring the
    7         Department of Corrections to include specified
    8         information in a release orientation program; creating
    9         s. 944.7055, F.S.; authorizing the Department of
   10         Corrections to issue photographic identification cards
   11         to all inmates immediately prior to release; requiring
   12         acceptance of such cards by state agencies;
   13         prohibiting specified offenses relating to such cards;
   14         providing penalties; requiring the department to
   15         assist inmates in obtaining specified documents prior
   16         to release; amending s. 944.707, F.S.; requiring the
   17         department to develop partnerships with the Florida
   18         Community College System to secure vocational training
   19         and potential financial aid for releasees; amending s.
   20         944.708, F.S.; revising provisions concerning
   21         rulemaking; amending s. 944.801, F.S.; requiring the
   22         department to select vocational training programs in
   23         conjunction with specified information from the Agency
   24         for Workforce Innovation; requiring the department to
   25         develop a plan to identify which inmates have
   26         education levels below ninth grade levels for
   27         specified purposes; requiring the department to
   28         include certain inmates in specified reading programs;
   29         providing legislative intent concerning
   30         disqualification of ex-offenders from occupations;
   31         requiring state agencies and regulatory boards to
   32         submit to legislative officers and committees a report
   33         that states current restrictions on the employment of
   34         ex-offenders and possible alternatives that are
   35         compatible with protecting public safety; directing
   36         the Department of Corrections to study and prepare a
   37         report and recommendations concerning work-release
   38         programs; providing an effective date.
   39  
   40  Be It Enacted by the Legislature of the State of Florida:
   41  
   42         Section 1. Subsection (5) of section 944.012, Florida
   43  Statutes, is amended to read:
   44         944.012 Legislative intent.—The Legislature hereby finds
   45  and declares that:
   46         (5) In order to make the correctional system an efficient
   47  and effective mechanism, the various agencies involved in the
   48  correctional process must coordinate their efforts. Where
   49  possible, interagency offices should be physically located
   50  within major institutions and should include representatives of
   51  the Agency for Workforce Innovation Florida State Employment
   52  Service, the vocational rehabilitation programs of the
   53  Department of Education, and the Parole Commission. Duplicative
   54  and unnecessary methods of evaluating offenders must be
   55  eliminated and areas of responsibility consolidated in order to
   56  more economically use utilize present scarce resources.
   57         Section 2. Subsection (5) of section 944.024, Florida
   58  Statutes, is amended to read:
   59         944.024 Adult intake and evaluation.—The state system of
   60  adult intake and evaluation shall include:
   61         (5) The performance of postsentence intake by the
   62  department. Each offender’s postsentence intake shall include a
   63  vocational assessment to identify appropriate placement in
   64  vocational programming as early as possible. Any physical
   65  facility established by the department for the intake and
   66  evaluation process prior to the offender’s entry into the
   67  correctional system shall provide for specific office and work
   68  areas for the staff of the commission. The purpose of such a
   69  physical center shall be to combine in one place as many of the
   70  rehabilitation-related functions as possible, including pretrial
   71  and posttrial evaluation, parole and probation services,
   72  vocational rehabilitation services, family assistance services
   73  of the Department of Children and Family Services, and all other
   74  rehabilitative and correctional services dealing with the
   75  offender.
   76         Section 3. Subsection (7) is added to section 944.705,
   77  Florida Statutes, to read:
   78         944.705 Release orientation program.—
   79         (7) The department shall provide inmates and potential
   80  employers with information concerning federal bonding and tax
   81  credits for former inmates.
   82         Section 4. Section 944.7055, Florida Statutes, is created
   83  to read:
   84         944.7055 Identification cards.—
   85         (1)(a) The department may issue photographic identification
   86  cards to all inmates immediately prior to release. Such cards
   87  must be accepted by state agencies as a valid form of
   88  identification.
   89         (b)1. It is unlawful for any person to:
   90         a. Knowingly have in his or her possession or to display
   91  any blank, forged, stolen, fictitious, counterfeit, or
   92  unlawfully issued department identification card for a released
   93  inmate, or any instrument in the similitude of a department
   94  identification card for a released inmate, unless possession by
   95  such person has been duly authorized by the department; or
   96         b. Knowingly sell, manufacture, or deliver, or knowingly
   97  offer to sell, manufacture, or deliver, a blank, forged, stolen,
   98  fictitious, counterfeit, or unlawfully issued department
   99  identification card for a released inmate, or an instrument in
  100  the similitude of a department identification card for a
  101  released inmate, unless that person is authorized to do so by
  102  the department.
  103         2. It is unlawful for any person to barter, trade, sell, or
  104  give away any department identification card for a released
  105  inmate, or to perpetrate a conspiracy to barter, trade, sell, or
  106  give away any such identification card, unless such person has
  107  been duly authorized to issue the identification card by the
  108  department.
  109         3. It is unlawful for any person to agree to supply or to
  110  aid in supplying any person with a department identification
  111  card for a released inmate by any means whatsoever not in
  112  accordance with the provisions of this chapter.
  113         4. It is unlawful for any person to have in his or her
  114  possession a department identification card for a released
  115  inmate upon which the date of birth or any other data has been
  116  altered.
  117         5. Any person who violates any of the provisions of this
  118  paragraph commits a felony of the third degree, punishable as
  119  provided in s. 775.082, s. 775.083, or s. 775.084.
  120         (2) A violation of this section may be investigated by any
  121  law enforcement agency.
  122         (3) Prior to release, the department shall assist inmates
  123  in obtaining identification cards issued under s. 322.051 and
  124  social security cards.
  125         Section 5. Section 944.707, Florida Statutes, is amended to
  126  read:
  127         944.707 Postrelease special services; job placement
  128  services.—
  129         (1) The department shall generate and provide to every
  130  releasee, identified by the prerelease needs assessment,
  131  prerelease preparation and support services such as, but not
  132  limited to, substance abuse counseling, family counseling, and
  133  employment support programs. The department may select and
  134  contract or partner with public or private organizations,
  135  including faith-based service groups, for the provision of these
  136  basic support services. When selecting a partner or provider,
  137  the department shall consider faith-based service groups on an
  138  equal basis with other private organizations. Provider Selection
  139  criteria include, but are not limited to:
  140         (a) The depth and scope of services provided.
  141         (b) The geographic area to be served.
  142         (c) The number of inmates to be served and the cost of
  143  services per inmate.
  144         (d) The individual partner’s or provider’s record of
  145  success in the provision of inmate services.
  146         (2) The department, with the assistance of the State Office
  147  on Homelessness, shall maintain and regularly update a
  148  comprehensive directory of support services offered by private
  149  organizations and faith-based service groups for the purpose of
  150  assisting transition assistance specialists and chaplains in
  151  making individualized placements and referrals.
  152         (3) The department shall develop partnerships with the
  153  Florida Community College System to secure vocational training
  154  and potential financial aid for releasees.
  155         Section 6. Section 944.708, Florida Statutes, is amended to
  156  read:
  157         944.708 Rules.—The Department of Corrections and the Agency
  158  for Workforce Innovation may adopt rules pursuant to ss.
  159  120.536(1) and 120.54 Department of Labor and Employment
  160  Security shall promulgate rules to implement the provisions of
  161  ss. 944.701-944.707.
  162         Section 7. Subsection (3) of section 944.801, Florida
  163  Statutes, is amended to read:
  164         944.801 Education for state prisoners.—
  165         (3) The responsibilities of the Correctional Education
  166  Program shall be to:
  167         (a) Develop guidelines for collecting education-related
  168  information during the inmate reception process and for
  169  disseminating such information to the classification staff of
  170  the department of Corrections. The information collected shall
  171  include the inmate’s areas of educational or vocational
  172  interest, vocational skills, and level of education.
  173         (b) Monitor and assess all inmate education program
  174  services and report the results of such evaluation in the annual
  175  report of activities.
  176         (c) Develop complete and reliable statistics on the
  177  educational histories, the city or intracity city/intracity area
  178  and school district where the inmate was domiciled prior to
  179  incarceration, the participation in state educational and
  180  training programs, and the occupations of inmates confined to
  181  state correctional facilities. The compiled statistics shall be
  182  summarized and analyzed in the annual report of correctional
  183  educational activities required by paragraph (f).
  184         (d) Approve educational programs of the appropriate levels
  185  and types in the correctional institutions and develop
  186  procedures for the admission of inmate students thereto.
  187         (e) Enter into agreements with public or private school
  188  districts, entities, community colleges, junior colleges,
  189  colleges, or universities as may be deemed appropriate for the
  190  purpose of carrying out its duties and responsibilities and
  191  ensure that agreements require minimum performance standards and
  192  standards for measurable objectives, in accordance with
  193  established Department of Education standards.
  194         (f) Report annual activities to the Secretary of
  195  Corrections, the Commissioner of Education, the Governor, and
  196  the Legislature.
  197         (g) Develop and maintain complete and reliable statistics
  198  on the number of general educational development (GED)
  199  certificates and vocational certificates issued by each
  200  institution in each skill area, the change in inmate literacy
  201  levels, and the number of inmate admissions to and withdrawals
  202  from education courses. The compiled statistics shall be
  203  summarized and analyzed in the annual report of correctional
  204  education activities required by paragraph (f).
  205         (h) Develop a written procedure for selecting programs to
  206  add to or delete from the vocational curriculum. The procedure
  207  shall include and correlate with the Agency for Workforce
  208  Innovation labor market studies that labor market analyses which
  209  demonstrate the projected demand for certain occupations and the
  210  projected supply of potential employees. In conducting these
  211  analyses, the department shall evaluate the feasibility of
  212  adding vocational education programs that which have been
  213  identified by the Agency for Workforce Innovation the Department
  214  of Labor and Employment Security or a regional coordinating
  215  council as being in undersupply in this state. The department
  216  shall periodically reevaluate the vocational education programs
  217  in major institutions to determine which of the programs support
  218  and provide relevant skills to inmates who could be assigned to
  219  a correctional work program that is operated as a Prison
  220  Industry Enhancement Program.
  221         (i) Ensure that every inmate who has 2 years or more
  222  remaining to serve on his or her sentence at the time that he or
  223  she is received at an institution and who lacks basic and
  224  functional literacy skills as defined in s. 1004.02 attends not
  225  fewer than 150 hours of sequential instruction in a correctional
  226  adult basic education program. The basic and functional literacy
  227  level of an inmate shall be determined by the average composite
  228  test score obtained on a test approved for this purpose by the
  229  State Board of Education.
  230         1. Upon completion of the 150 hours of instruction, the
  231  inmate shall be retested and, if a composite test score of
  232  functional literacy is not attained, the department is
  233  authorized to require the inmate to remain in the instructional
  234  program.
  235         2. Highest priority of inmate participation shall be
  236  focused on youthful offenders and those inmates nearing release
  237  from the correctional system.
  238         3. An inmate shall be required to attend the 150 hours of
  239  adult basic education instruction unless such inmate:
  240         a. Is serving a life sentence or is under sentence of
  241  death.
  242         b. Is specifically exempted for security or health reasons.
  243         c. Is housed at a community correctional center, road
  244  prison, work camp, or vocational center.
  245         d. Attains a functional literacy level after attendance in
  246  fewer than 150 hours of adult basic education instruction.
  247         e. Is unable to enter such instruction because of
  248  insufficient facilities, staff, or classroom capacity.
  249         4. The department of Corrections shall provide classes to
  250  accommodate those inmates assigned to correctional or public
  251  work programs after normal working hours. The department shall
  252  develop a plan to provide academic and vocational classes on a
  253  more frequent basis and at times that accommodate the increasing
  254  number of inmates with work assignments, to the extent that
  255  resources permit.
  256         5. If an inmate attends and actively participates in the
  257  150 hours of instruction, the department of Corrections may
  258  grant a one-time award of up to 6 additional days of incentive
  259  gain-time, which must be credited and applied as provided by
  260  law. Active participation means, at a minimum, that the inmate
  261  is attentive, responsive, cooperative, and completes assigned
  262  work.
  263         (j) Recommend the award of additional incentive gain-time
  264  for inmates who receive a general educational development
  265  certificate or a vocational certificate.
  266         (k) Ensure that all education staff are certified in
  267  accordance with the Department of Education standards.
  268         (l) Develop a plan to identify which inmates have education
  269  levels below the ninth grade requirement so that they can
  270  participate in GED programs.
  271         (m) In addition to or in conjunction with s. 944.024 and
  272  paragraph (i), include within the department’s Reading
  273  Initiative or any successor reading program inmates having Test
  274  of Adult Basic Education scores of seventh grade or lower.
  275         (n)(l) Develop goals and objectives relating to all phases
  276  of the correctional education program.
  277         Section 8. Restrictions on the employment of ex-offenders;
  278  legislative intent; state agency reporting requirements.—
  279         (1) The Legislature declares that it is the policy of this
  280  state to provide to prospective employees a clear statement of
  281  which crimes would disqualify ex-offenders from which
  282  occupations. It is the intent of the Legislature to make
  283  opportunities for employment available to ex-offenders so that
  284  they will be less likely to revert to criminal behavior, insofar
  285  as the employment of such persons does not place the safety of
  286  the public at risk. The Legislature further declares that state
  287  agencies should clearly state all restrictions on employment
  288  which are imposed by agencies or boards that regulate
  289  professions and occupations and should make an effort to
  290  establish that each restriction is as limited as possible while
  291  continuing to support the goal of public safety.
  292         (2) Each state agency, including, but not limited to,
  293  professional and occupational regulatory boards, shall, by
  294  December 31, 2009, submit to the President of the Senate, the
  295  Speaker of the House of Representatives, and the chairs of the
  296  appropriate legislative committees a report that includes:
  297         (a) A list of all laws, rules, policies, and practices that
  298  are followed by the agency or imposed by the board and that
  299  disqualify from employment persons who have been convicted of a
  300  crime but who have completed any incarceration and restitution
  301  to which they have been sentenced for such crime.
  302         (b) The conclusions resulting from a review of these laws,
  303  rules, policies, and practices which the agency has conducted,
  304  including, for each law, rule, policy, and practice,
  305  documentation of whether it is clearly stated in writing and is
  306  readily available to prospective employees and a statement of
  307  any less restrictive way to protect the safety of the public
  308  while simultaneously providing employment opportunities for ex
  309  offenders.
  310         (c) If the restriction is based on a standard of good moral
  311  character, crimes or acts of moral turpitude, or crimes related
  312  to a specific occupation and proposed alternative wording of
  313  laws, rules, and policies which more precisely describes that
  314  basis for denial of employment.
  315         (d) Proposed ways of removing barriers to the employment of
  316  ex-offenders which are not mandated by statute.
  317         (e) Proposed statutory amendments that would reduce
  318  barriers to employment, render the remaining barriers optimally
  319  consistent among jobs that have very similar characteristics and
  320  require nearly identical degrees of trustworthiness and
  321  responsibility, and improve the clarity of requirements
  322  applicable to an ex-offender who seeks employment with a state
  323  agency or in an occupation regulated by a state board.
  324         Section 9. The Department of Corrections is directed to
  325  study and prepare a report and recommendations for the Governor,
  326  the President of the Senate, and the Speaker of the House of
  327  Representatives by December 1, 2009, concerning the following:
  328         (1) A review of the eligibility criteria to participate in
  329  a work-release program. The department shall consider
  330  modifications to such criteria so that more inmates have the
  331  opportunity to participate in work-release programs.
  332         (2) An increase in the number of available work-release
  333  program beds to accommodate the number of eligible inmates.
  334         (3) The establishment of work-release centers in
  335  communities in which the greatest number of ex-offenders return
  336  home.
  337  
  338  The report shall also include any specific recommendations for
  339  any necessary statutory changes.
  340         Section 10. This act shall take effect July 1, 2009.