Florida Senate - 2017                              CS for SB 458
       
       
        
       By the Committee on Appropriations; and Senators Brandes and
       Rouson
       
       
       
       
       576-03495-17                                           2017458c1
    1                        A bill to be entitled                      
    2         An act relating to the Florida Criminal Justice Reform
    3         Task Force; creating the task force within the
    4         legislative branch; specifying membership of the task
    5         force; establishing the manner of appointments and the
    6         terms of membership; prescribing duties of the task
    7         force; specifying requirements for meetings of the
    8         task force; requiring the task force to submit a
    9         report to the Legislature by a specified date;
   10         providing for staffing; specifying public records and
   11         public meetings requirements applicable to the task
   12         force; authorizing reimbursement for per diem and
   13         travel expenses; providing for expiration; providing
   14         an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Florida Criminal Justice Reform Task Force.—The
   19  Florida Criminal Justice Reform Task Force is created within the
   20  legislative branch of state government for the purpose of
   21  conducting a comprehensive review of the state’s criminal
   22  justice system, court system, and corrections system.
   23         (1) MEMBERSHIP.—The task force is composed of 28 members,
   24  as follows:
   25         (a) Two members of the Senate, appointed by the President
   26  of the Senate, not including any member designated pursuant to
   27  paragraph (k).
   28         (b) Two members of the House of Representatives, appointed
   29  by the Speaker of the House of Representatives, not including
   30  any member designated pursuant to paragraph (k).
   31         (c) Two circuit judges, one of whom must have presided over
   32  a mental health court or drug court, appointed by the chair of
   33  the Conference of Circuit Judges of Florida.
   34         (d) Two county court judges, appointed by the chair of the
   35  Conference of County Court Judges of Florida.
   36         (e) A justice of the Supreme Court or judge of a district
   37  court of appeal, appointed by the Chief Justice of the Supreme
   38  Court.
   39         (f) A representative of the Florida State University
   40  Project on Accountable Justice, appointed by the chair of the
   41  organization’s executive board.
   42         (g) A representative from a victim’s advocacy group,
   43  appointed by the Governor from a list of three nominees
   44  recommended by the chairs of the committees in the Senate and
   45  the House of Representatives with jurisdiction over criminal
   46  justice matters.
   47         (h) Two county commissioners, appointed by the Florida
   48  Association of Counties.
   49         (i) A formerly incarcerated individual who has demonstrated
   50  exceptional commitment to rehabilitation and community
   51  improvement, appointed by the Governor from a list of three
   52  nominees jointly recommended by the chairs of the committees in
   53  the Senate and House of Representatives with jurisdiction over
   54  criminal justice matters.
   55         (j) Two representatives of the faith community, either
   56  clergy or employees of faith-based policy organizations,
   57  appointed by the Governor from a list of three nominees jointly
   58  recommended by the chairs of the committees in the Senate and
   59  the House of Representatives with jurisdiction over criminal
   60  justice matters.
   61         (k) The chairs of the committees of the Senate and House of
   62  Representatives with jurisdiction over criminal justice matters,
   63  or their designees.
   64         (l) Two designees of the Executive Office of the Governor
   65  with demonstrated knowledge in the criminal justice field.
   66         (m) The Attorney General or his or her designee.
   67         (n) The Secretary of Corrections or his or her designee.
   68         (o) The Secretary of Juvenile Justice or his or her
   69  designee.
   70         (p) The president of the Florida Prosecuting Attorneys
   71  Association or his or her designee.
   72         (q)The president of the Florida Public Defender
   73  Association or his or her designee.
   74         (r) The president of the Florida Association of Criminal
   75  Defense Lawyers or his or her designee.
   76         (s) The president of the Florida Sheriffs Association or
   77  his or her designee.
   78         (t) The president of the Florida Police Chiefs Association
   79  or his or her designee.
   80         (2) TERMS OF MEMBERSHIP.—Appointments to the task force
   81  shall be made within 30 days of the effective date of this act.
   82  For appointments that are selected from a list of nominees
   83  jointly recommended by the chairs of the committees of the
   84  Senate and the House of Representatives with jurisdiction over
   85  criminal justice matters, the respective chairs shall submit the
   86  names of nominees to the Governor within 15 days of the
   87  effective date of this act. All members shall serve for the
   88  duration of the task force. Any vacancy shall be filled by the
   89  original appointing authority for the remainder of the task
   90  force. The task force membership must reflect the racial,
   91  gender, geographic, and economic diversity of the state, as well
   92  as the diversity and demographics of the state’s prison
   93  population. Individuals employed by or under contract with an
   94  entity that contracts with the state or local governments to
   95  provide corrections, mental health, substance abuse, reentry, or
   96  similar criminal justice-related services are not eligible for
   97  membership on the task force. Representatives from trade
   98  associations, professional groups, or other organizations whose
   99  membership or board consists of entities that provide
  100  corrections, mental health, substance abuse, reentry, or similar
  101  criminal justice-related services are not eligible for
  102  membership on the task force. Any member may be removed by the
  103  Governor for misfeasance, malfeasance, or willful neglect of
  104  duty.
  105         (3) DUTIES.—
  106         (a) The task force is authorized and directed to study,
  107  evaluate, analyze, and undertake a comprehensive review of the
  108  state’s adult criminal justice system, using a data-driven
  109  approach, to develop sentencing and corrections policy
  110  recommendations for proposed legislation that will accomplish
  111  the following goals:
  112         1. Reduce correctional populations and associated
  113  correctional spending by focusing prison capacity on serious
  114  offenses and violent criminals.
  115         2. Hold offenders accountable more efficiently by
  116  implementing or expanding research-based supervision and
  117  sentencing practices.
  118         3. Reinvest savings into strategies shown to decrease
  119  recidivism, including reentry outcomes.
  120         (b) The task force shall request technical assistance from
  121  nongovernmental research groups, including, but not limited to,
  122  the Justice Reinvestment Initiative. The Department of
  123  Corrections, the Department of Law Enforcement, the Office of
  124  the State Courts Administrator, the Department of Juvenile
  125  Justice, the Office of Program Policy Analysis and Government
  126  Accountability, and any other state agency or department shall
  127  provide assistance, data, and other information to the task
  128  force upon request.
  129         (4) MEETINGS.—The task force shall hold its first meeting
  130  within 60 days of the effective date of this act, upon the call
  131  of the President of the Senate and the Speaker of the House of
  132  Representatives. At the first meeting, the task force shall
  133  elect a chair and any other offices as it deems necessary from
  134  among its membership. The task force shall hold a minimum of
  135  four regular meetings. The task force shall meet upon the call
  136  of the chair or a request of a majority of the membership. A
  137  majority of the membership of the task force constitutes a
  138  quorum. All members must be notified in writing of all meetings
  139  at least 5 days before the date on which a meeting of the task
  140  force is scheduled. However, an emergency meeting may be held
  141  without the 5 days’ written notice if the meeting is scheduled
  142  at the request of the entire membership.
  143         (5) REPORT.—The task force shall submit a report of its
  144  findings, conclusions, and recommendations for proposed
  145  legislation to the President of the Senate and the Speaker of
  146  the House of Representatives by the date of convening of the
  147  2018 Regular Session of the Legislature. Upon submission of the
  148  report, the task force is dissolved and discharged of further
  149  duties.
  150         (6) STAFFING.—The President of the Senate and the Speaker
  151  of the House of Representatives shall appoint an executive
  152  director and are authorized to assign legislative staff to
  153  provide support for the task force.
  154         (7) PUBLIC RECORDS AND PUBLIC MEETINGS.—The task force is
  155  subject to policies governing public records disclosure
  156  prescribed in the joint rules of the Senate and the House of
  157  Representatives. All meetings of the task force must be open to
  158  the public, and regularly scheduled meetings must be publicly
  159  noticed at least 5 days before the date of the meeting. The task
  160  force shall maintain records of its meetings.
  161         (8) PER DIEM AND TRAVEL EXPENSES.—Task force members shall
  162  serve without compensation but are entitled to receive
  163  reimbursement for per diem and travel expenses as provided in s.
  164  112.061, Florida Statutes.
  165         (9) EXPIRATION.—This section expires January 31, 2018.
  166         Section 2. This act shall take effect upon becoming a law.