Florida Senate - 2013 SB 1032
By Senator Altman
1 A bill to be entitled
2 An act relating to correctional reentry treatment
3 facilities; amending s. 944.02, F.S.; defining the
4 term “correctional reentry treatment facility”;
5 amending s. 944.024, F.S.; requiring the Department of
6 Corrections to screen adults for eligibility for
7 reentry treatment services; creating s. 944.0280,
8 F.S.; providing a short title; creating s. 944.0281,
9 F.S.; requiring the department to establish one or
10 more correctional reentry treatment facilities to be
11 operated by private providers who have experience
12 providing substance abuse, behavioral health,
13 educational, vocational, and other transitional
14 services to offenders; requiring a correctional
15 reentry treatment facility to meet standards for
16 minimum custody offenders; authorizing private
17 providers who operate a correctional reentry treatment
18 facility to subcontract with the department or other
19 private providers to furnish security services and
20 other professional services; requiring a correctional
21 reentry treatment facility to provide necessary
22 working space to department staff; creating s.
23 944.0282, F.S.; specifying eligibility criteria for
24 participation in the reentry treatment program;
25 providing legislative intent; creating s. 944.0283,
26 F.S.; specifying program elements of the reentry
27 treatment facility; authorizing priority consideration
28 for providers that are Florida-based nonprofit
29 organizations with certain qualifications; creating s.
30 944.0284, F.S.; providing that eligible offenders may
31 be admitted into a correctional reentry treatment
32 facility upon recommendation of the sentencing court
33 or upon determination by the department that an
34 eligible offender is appropriate for admission to a
35 correctional reentry treatment facility; prohibiting
36 certain offenders from being admitted into a
37 correction reentry treatment facility; providing that
38 the department may place offenders if there are
39 vacancies remaining after placement of offenders
40 recommended by the courts; requiring the department to
41 provide a court with information on program
42 availability upon request; creating s. 944.0285, F.S.;
43 specifying that the department may transfer an
44 offender from a correctional reentry treatment
45 facility under certain circumstances; creating s.
46 944.0286, F.S.; requiring the department to maintain a
47 waiting list under certain circumstances; establishing
48 priorities for admission from the waiting list;
49 requiring the department to develop additional
50 criteria to assign priority for the waiting list;
51 creating s. 944.0287, F.S.; requiring the department
52 to track recidivism of offenders who have participated
53 in correctional reentry treatment facility programs;
54 requiring the department to report to the Governor and
55 the Legislature; creating s. 944.0288, F.S.; providing
56 that the act does not create or confer any right to
57 any offender to placement in a correctional reentry
58 treatment facility; amending s. 945.091, F.S.;
59 requiring the department to require offenders working
60 at paid employment to use a portion of the employment
61 proceeds equal to the amount of the voucher provided
62 for a government-issued photo identification card plus
63 the actual cost charged by the issuer for any other
64 necessary document; providing for the deposit of funds
65 collected into the General Revenue Fund; creating s.
66 945.0915, F.S.; requiring the department to assist
67 offenders to obtain the proper documents in order that
68 an offender might participate in paid employment;
69 amending s. 784.078, F.S.; conforming a cross
70 reference; providing an effective date.
72 Be It Enacted by the Legislature of the State of Florida:
74 Section 1. Present subsections (2) through (8) of section
75 944.02, Florida Statutes, are redesignated as subsections (3)
76 through (9), respectively, and a new subsection (2) is added to
77 that subsection, to read:
78 944.02 Definitions.—The following words and phrases used in
79 this chapter shall, unless the context clearly indicates
80 otherwise, have the following meanings:
81 (2) “Correctional reentry treatment facility” means a
82 minimum custody state correctional facility established for the
83 purpose of providing substance abuse, behavioral health,
84 educational, vocational, and other transitional services to
85 state offenders who are within 36 months of release pursuant to
86 s. 944.0281 or who are sentenced to 36 months or less.
87 Section 2. Subsection (4) of section 944.024, Florida
88 Statutes, is amended to read:
89 944.024 Adult intake and evaluation.—The state system of
90 adult intake and evaluation shall include:
91 (4) The provision of diagnostic, evaluation, and
92 classification services at the presentence stage to assist the
93 court and the department in planning programs for rehabilitation
94 of convicted offenders. This provision shall include the
95 identification of offenders who are eligible for a correctional
96 reentry treatment facility.
97 Section 3. Section 944.0280, Florida Statutes, is created
98 to read:
99 944.0280 Short title.—Sections 944.0281-944.0288 may be
100 cited as the “Correctional Reentry Treatment Act.”
101 Section 4. Section 944.0281, Florida Statutes, is created
102 to read:
103 944.0281 Correctional reentry treatment facility.—
104 (1) Subject to available appropriations, the department
105 shall establish one or more correctional reentry treatment
106 facilities to be operated by providers that have experience
107 providing substance abuse, behavioral health, educational,
108 vocational, and other transitional services to offenders
109 pursuant to the competitive procurement requirements of s.
111 (2) In selecting providers for correctional reentry
112 treatment facilities, the department shall give priority
113 consideration to Florida-based nonprofit organizations that have
114 direct experience in providing behavioral health and substance
115 abuse treatment, vocational and work release, and educational
116 and other transitional reentry services to offenders in this
118 (3) A correctional reentry treatment facility must meet the
119 standards for offenders who are classified as minimum custody.
120 (4) A private provider that operates a correctional reentry
121 treatment facility may subcontract with the department,
122 educational institutions, government entities, or other
123 providers to furnish security services, educational services,
124 vocational services, and other professional services.
125 (5) A correctional reentry treatment facility must provide
126 working space to department staff necessary to perform ongoing
127 classification services.
128 Section 5. Section 944.0282, Florida Statutes, is created
129 to read:
130 944.0282 Eligibility and target population.—
131 (1) Eligibility for placement in a correctional reentry
132 treatment facility is limited to an offender who is in the final
133 36 months of his or her expected prison commitment or is
134 sentenced to 36 months or less, and who meets the following
135 additional criteria:
136 (a) The offender has been determined by the department to
137 be in need of services provided by the correctional reentry
138 treatment facility.
139 (b) The offender has been classified as appropriate for
140 minimum custody.
141 (c) The offender has been committed for a nonviolent third
142 degree felony or a second-degree felony involving the purchase
143 of a controlled substance.
144 (d) The offender is not the subject of an active injunction
145 for domestic violence.
146 (e) The offender has never been convicted of any of the
147 following offenses or a substantially similar offense in another
149 1. A forcible felony as defined in s. 776.08.
150 2. An offense listed in s. 775.082(9)(a)1., without regard
151 to prior incarceration or release.
152 3. An offense described in chapter 847, involving a minor
153 or a depiction of a minor.
154 4. An offense described in chapter 827.
155 5. An offense described in s. 784.07, s. 784.074, s.
156 784.075, s. 784.076, s. 784.08, s. 784.083, or s. 784.085.
157 6. An offense involving the possession or use of a firearm
158 or other weapon.
159 7. A capital felony or a felony of the first or second
160 degree except as provided in paragraph (c).
161 8. An offense that requires a person to register as a
162 sexual offender pursuant to s. 943.0435.
163 (2) In addition to the eligibility criteria enumerated in
164 subsection (1), it is the intent of the Legislature that an
165 offender who is sentenced for a drug-related offense or whose
166 substance abuse is a factor that leads to commission of the
167 offense be given priority for consideration for placement in a
168 correctional reentry treatment facility.
169 Section 6. Section 944.0283, Florida Statutes, is created
170 to read:
171 944.0283 Program requirements.—Services provided to an
172 offender who is placed in a correctional reentry treatment
173 facility shall be based on the offender’s needs assessments. A
174 correctional reentry treatment facility shall offer the
175 following services in order to address the individual offender’s
177 (1) Needs assessments, including psychosocial, educational,
178 vocational, employability, social skills, and behavioral
180 (2) Individualized service and treatment plans to be
181 developed for each offender based on the results of needs
182 assessments conducted in paragraph (a) and other relevant
184 (3) Expedited intake and classification to be performed by
185 department staff in cooperation with the private provider that
186 operates the correctional reentry treatment facility. The
187 department may rely upon information developed by private
188 providers conducting offender needs assessments, as appropriate,
189 in performing the expedited intake and classification function.
190 (4) Educational instruction, including adult basic
191 education and social skills training.
192 (5) Behavioral health services, which must include medical
193 and psychological intervention, treatment, and support services
194 and prevention interventions for diagnosed mental illnesses, for
195 substance abuse disorders, and for co-occurring disorders, to
196 promote individual recovery, improved health, and functioning.
197 (6) Vocational and prevocational training.
198 (7) Behavioral services, which include, as appropriate,
199 victim awareness, anger management, and criminal thinking
201 (8) Basic life skills training, which must include, but
202 need not be limited to, family development and personal
204 (9) Transitional services and development of skills
205 necessary for successful reentry.
206 Section 7. Section 944.0284, Florida Statutes, is created
207 to read:
208 944.0284 Admissions process.—
209 (1) An eligible offender, as provided under s. 944.0282,
210 may be admitted into a correctional reentry treatment facility
211 upon recommendation of the sentencing court or upon
212 determination by the department that the eligible offender is
213 appropriate for admission to a correctional reentry treatment
214 facility. The department shall provide an expedited reception
215 and classification process for an offender who is recommended by
216 the court for admission into a correctional reentry treatment
217 facility in order to verify eligibility and to assess the
218 appropriateness of admission to a correctional reentry treatment
220 (2) The court shall consider any original charge, if
221 different from the offense for which the offender is being
222 sentenced, along with information provided by the arresting law
223 enforcement agency, the defense attorney, and the state attorney
224 in determining whether to recommend that an offender be admitted
225 to a correctional reentry treatment facility.
226 (3) An offender who is determined to have medical or
227 psychiatric needs or other needs that the correctional reentry
228 treatment facility cannot meet or who is determined to be
229 otherwise inappropriate for placement in a correctional reentry
230 treatment facility may not be admitted to a correctional reentry
231 treatment facility.
232 (4) If there are vacancies after placement of offenders
233 recommended by the courts, the department may admit other
234 eligible offenders, as provided under s. 944.0282, to a
235 correctional reentry treatment facility.
236 (5) Upon request of any court, the department shall provide
237 information on the current and projected availability of beds in
238 each correctional reentry treatment facility.
239 Section 8. Section 944.0285, Florida Statutes, is created
240 to read:
241 944.0285 Transfers.—
242 (1) The department shall transfer an offender from a
243 correctional reentry treatment facility in the following
245 (a) The offender is unable or unwilling to comply with
246 program requirements.
247 (b) The offender develops serious medical conditions or
248 other conditions that the facility cannot appropriately treat.
249 (c) The offender exhibits disruptive behaviors that
250 compromise the safety of staff or other offenders at the
251 facility or that create disruptions that prevent other offenders
252 from benefitting from the program.
253 (d) The department determines for any reason that continued
254 placement is not in the best interests of the offender or other
255 offenders assigned to the facility.
256 (e) The department determines that transfer is necessary to
257 the population management of the facility.
258 (2) An offender who is determined to be inappropriate for
259 placement at a correctional reentry treatment facility during
260 the expedited intake and classification process may be
261 reconsidered at a later date.
262 (3) An offender who is placed in a correctional reentry
263 treatment facility may be released to a work-release center if
264 the offender is otherwise eligible for work release.
265 Section 9. Section 944.0286, Florida Statutes, is created
266 to read:
267 944.0286 Department to maintain waiting list.—If there is
268 greater demand for correctional reentry treatment facility beds
269 than are available, the department shall maintain a waiting
270 list. From the waiting list, priority for admission to a
271 correctional reentry treatment facilty shall be first assigned
272 to offenders who have been recommended by a court for admission
273 to a correctional reentry treatment facility. The department
274 shall develop additional criteria to assign priority for
275 placement from the waiting list as vacancies occur. Such
276 criteria must use information generated through an offender’s
277 needs assessments and must include the need for substance abuse
278 and behavioral health treatment, probability of successful
279 program completion, disciplinary record, acuity of need, and
280 length of time spent on the waiting list. The waiting list shall
281 be periodically updated and must be available upon request to
282 any court and providers under contract with the department to
283 provide correctional reentry treatment facility services.
284 Section 10. Section 944.0287, Florida Statutes, is created
285 to read:
286 944.0287 Reporting requirements.—The department shall
287 collect data, in a manner that allows for comparison of outcomes
288 by correctional reentry treatment facility, to track recidivism
289 of offenders who have participated in correctional reentry
290 treatment facility programs. As used in this section, the term
291 “recidivism” is defined as recommitment to prison within 3 years
292 following release. The department shall include the data in the
293 annual recidivism report and shall provide the report to the
294 Governor, the President of the Senate, and the Speaker of the
295 House of Representatives by October 1, 2014. In addition, the
296 department may track such other data that the department deems
297 necessary for future program evaluations.
298 Section 11. Section 944.0288, Florida Statutes, is created
299 to read:
300 944.0288 No rights conferred or created.—Sections 944.0281
301 944.0287 do not create or confer any right to any offender to
302 placement in a correctional reentry treatment facility. An
303 offender does not have a cause of action against the department,
304 a court, the state attorney, or a victim, which is related to
305 placement at a correctional reentry treatment facility.
306 Section 12. Subsection (6) of section 945.091, Florida
307 Statutes, is amended to read:
308 945.091 Extension of the limits of confinement; restitution
309 by employed inmates.—
310 (6)(a) The department shall require offenders
311 working at paid employment as provided in paragraph (1)(b) to
312 use a portion of the employment proceeds to provide restitution
313 to the aggrieved party for the damage or loss caused by the
314 offense of the offender inmate, in an amount to be determined by
315 the department, unless the department finds clear and compelling
316 reasons not to order such restitution. If restitution or partial
317 restitution is not ordered, the department shall state on the
318 record in detail the reasons therefor.
319 (b) An offender who is required to provide restitution or
320 reparation may petition the circuit court to amend the amount of
321 restitution or reparation required or to revise the schedule of
322 repayment established by the department or the Parole
324 (c) The department shall require an offender working at
325 paid employment as provided in paragraph (1)(b) to use a portion
326 of the employment proceeds equal to the amount of the voucher
327 provided for a government-issued photo identification card plus
328 the actual cost charged by the issuer for any other necessary
329 document required to obtain the identification card. As a
330 condition of being allowed to work at paid employment, the
331 offender must agree to allow for the use of employment proceeds
332 as required in this paragraph. All such proceeds collected shall
333 be deposited into the General Revenue Fund.
334 Section 13. Section 945.0915, Florida Statutes, is created
335 to read:
336 945.0915 The department shall determine whether each
337 offender has the necessary documentation to receive a
338 government-issued photo identification card. If an offender does
339 not possess the necessary documentation, the department shall,
340 under an agreement with the Bureau of Vital Statistics and other
341 entities as necessary, attempt to obtain a birth certificate, a
342 social security card, and any other necessary document on behalf
343 of the offender. Upon release, the department shall provide to
344 the offender the documents gathered pursuant to this section,
345 along with detailed instructions on how to obtain a government
346 issued photo identification card. In addition, the department
347 shall give to the offender a voucher equal to the actual cost
348 charged by the Department of Highway Safety and Motor Vehicles
349 or its agents pursuant to s. 322.051 or s. 322.135. The voucher
350 may be exchanged only for a government-issued photo
351 identification card.
352 Section 14. Subsection (1) of section 784.078, Florida
353 Statutes, is amended to read:
354 784.078 Battery of facility employee by throwing, tossing,
355 or expelling certain fluids or materials.—
356 (1) As used in this section, the term “facility” means a
357 state correctional institution defined in s. 944.02 s.
358 944.02 (6); a private correctional facility defined in s. 944.710
359 or under chapter 957; a county, municipal, or regional jail or
360 other detention facility of local government under chapter 950
361 or chapter 951; or a secure facility operated and maintained by
362 the Department of Corrections or the Department of Juvenile
364 Section 15. This act shall take effect July 1, 2013.