CS/HB 7127

1
A bill to be entitled
2An act relating to prison diversion programs; amending s.
3921.00241, F.S.; increasing the number of Criminal
4Punishment Code scoresheet total sentence points that an
5offender may have and be eligible for a prison diversion
6program; providing that a prison diversion program may
7require a jail term not to exceed 90 days or electronic
8monitoring; providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Paragraph (b) of subsection (1) and subsection
13(2) of section 921.00241, Florida Statutes, are amended to read:
14     921.00241  Prison diversion program.-
15     (1)  Notwithstanding s. 921.0024 and effective for offenses
16committed on or after July 1, 2009, a court may divert from the
17state correctional system an offender who would otherwise be
18sentenced to a state facility by sentencing the offender to a
19nonstate prison sanction as provided in subsection (2). An
20offender may be sentenced to a nonstate prison sanction if the
21offender meets all of the following criteria:
22     (b)  The offender's total sentence points score, as
23provided in s. 921.0024, is not more than 60 48 points, or the
24offender's total sentence points score is 66 54 points and 6 of
25those points are for a violation of probation, community
26control, or other community supervision, and do not involve a
27new violation of law.
28     (2)  If the court elects to impose a sentence as provided
29in this section, the court shall sentence the offender to a term
30of probation, community control, or community supervision with
31mandatory participation in a prison diversion program of the
32Department of Corrections if such program is funded and exists
33in the judicial circuit in which the offender is sentenced. The
34prison diversion program shall be designed to meet the unique
35needs of each judicial circuit and of the offender population of
36that circuit. The program may require a term of imprisonment in
37jail not to exceed 90 days; electronic monitoring; residential,
38nonresidential, or day-reporting requirements; substance abuse
39treatment; employment; restitution; academic or vocational
40opportunities; or community service work.
41     Section 2.  This act shall take effect July 1, 2011.


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