Florida Senate - 2019 SB 1074
By Senator Brandes
24-00771-19 20191074__
1 A bill to be entitled
2 An act relating to sentencing; creating s. 948.0121,
3 F.S.; defining terms; creating a probationary split
4 sentence for substance use and mental health offenders
5 in accordance with s. 948.012, F.S.; authorizing a
6 court to sentence an offender to a probationary split
7 sentence; specifying requirements an offender must
8 meet to be eligible to receive a probationary split
9 sentence; requiring that an eligible offender be a
10 nonviolent offender; defining the term “nonviolent
11 offender”; providing minimum sentencing requirements
12 for a probationary split sentence; providing an
13 exception to the court’s order of a probationary split
14 sentence; authorizing the sentencing court to have the
15 Department of Corrections provide a presentence
16 investigation report in accordance with s. 921.231,
17 F.S., to provide the court with certain information to
18 determine the type of probation most appropriate for
19 the offender; requiring the department to perform
20 specified duties; authorizing the department to enter
21 into certain contracts; requiring the department to
22 provide written notification to specified parties upon
23 the offender’s admission into an in-prison treatment
24 program; providing that the department may find that
25 an offender is not eligible to participate in an in
26 prison treatment program under certain circumstances;
27 requiring written notification from the department to
28 certain parties if an offender is terminated from or
29 prevented from entering an in-prison treatment
30 program; requiring that an offender be transitioned to
31 probation upon the completion of his or her term of
32 imprisonment; requiring an offender to comply with
33 specified terms of drug offender or mental health
34 probation; requiring the offender to pay specified
35 costs associated with his or her probation; providing
36 that certain violations may result in revocation of
37 probation by the court and imposition of any sentence
38 authorized by law; requiring the department to develop
39 a computerized system to track certain data; requiring
40 the department, on a certain date and annually
41 thereafter, to submit an annual report to the Governor
42 and the Legislature; requiring the department to adopt
43 certain rules; providing an effective date.
44
45 Be It Enacted by the Legislature of the State of Florida:
46
47 Section 1. Section 948.0121, Florida Statutes, is created
48 to read:
49 948.0121 Probationary split sentences for substance use or
50 mental health offenders.—
51 (1) DEFINITIONS.—As used in this section, the term:
52 (a) “Department” means the Department of Corrections.
53 (b) “Offender” means a person found guilty of a felony
54 offense and who receives a probationary split sentence for
55 substance use or mental health offenders as prescribed in this
56 section.
57 (2) CREATION.—A probationary split sentence for substance
58 use or mental health offenders is established in accordance with
59 s. 948.012. A court may sentence an offender to a probationary
60 split sentence in accordance with this section.
61 (3) ELIGIBILITY.—For an offender to receive a probationary
62 split sentence under this section, he or she must be a
63 nonviolent offender who is in need of substance use or mental
64 health treatment and who does not pose a danger to the
65 community. As used in this subsection, the term “nonviolent
66 offender” means an offender who has never been convicted of, or
67 pled guilty or no contest to, the commission of, an attempt to
68 commit, or a conspiracy to commit, any of the following:
69 (a) A capital, life, or first degree felony.
70 (b) A second degree felony or third degree felony listed in
71 s. 775.084(1)(c)1.
72 (c) A violation of s. 784.021, s. 784.07, s. 827.03, or s.
73 843.01, or any offense that requires a person to register as a
74 sex offender in accordance with s. 943.0435.
75 (d) An offense for which the sentence was enhanced under s.
76 775.087.
77 (e) An offense in another jurisdiction which would be an
78 offense described in this subsection, or which would have been
79 enhanced under s. 775.087, if that offense had been committed in
80 this state.
81 (4) SENTENCING REQUIREMENTS.—As a condition of a
82 probationary split sentence for substance use or mental health
83 offenders, the court must order that the offender, at a minimum,
84 serve:
85 (a) A term of imprisonment which must include an in-prison
86 treatment program for substance use, mental health, or co
87 occurring disorders which is a minimum of 90 days in-custody
88 treatment and is administered by the department at a department
89 facility;
90 (b) The remainder of his or her imprisonment in a
91 department facility if the department finds that the offender is
92 ineligible or not appropriate for placement in an in-custody
93 treatment program for the reasons prescribed in subsection (7),
94 or for any other reason the department deems as good cause; and
95 (c) A term of probation of 24 months that consists of:
96 1. Either drug offender or mental health probation, to be
97 determined by the court at the time of sentencing;
98 2. Any special conditions of probation ordered by the
99 sentencing court; and
100 3. Any recommendations made by the department in a
101 postrelease treatment plan for substance use or mental health
102 aftercare services.
103 (5) PRESENTENCE INVESTIGATION REPORT.—The court may order
104 the department to conduct a presentence investigation report in
105 accordance with s. 921.231 for any offender who the court
106 believes may be sentenced under this section to provide the
107 court with appropriate information to make a determination at
108 the time of sentencing of whether drug offender or mental health
109 probation is most appropriate for the offender.
110 (6) DEPARTMENT DUTIES.—The department:
111 (a) Shall administer treatment programs that comply with
112 the type of treatment required in this section.
113 (b) May develop and enter into performance-based contracts
114 with qualified individuals, agencies, or corporations to provide
115 any or all services necessary for the in-custody treatment
116 program. Such contracts may not be entered into or renewed
117 unless they offer a substantial savings to the department. The
118 department may establish a system of incentives in an in-custody
119 treatment program to promote offender participation in
120 rehabilitative programs and the orderly operation of
121 institutions and facilities.
122 (c) Shall provide a special training program for staff
123 members selected to administer or implement an in-custody
124 treatment program.
125 (d) Shall evaluate the offender’s needs and develop a
126 postrelease treatment plan that includes substance use or mental
127 health aftercare services.
128 (7) IN-PRISON TREATMENT.—
129 (a) The department shall give written notification of the
130 offender’s admission into an in-prison treatment program portion
131 of the probationary split sentence to the sentencing court, the
132 state attorney, the defense counsel for the offender, and any
133 victim of the offense committed by the offender.
134 (b) If, after evaluating an offender for custody and
135 classification status, the department determines at any point
136 during the term of imprisonment that an offender sentenced under
137 this section does not meet the criteria for placement in an in
138 prison treatment program portion of the probationary split
139 sentence, as determined in rule by the department, or that space
140 is not available for the offender’s placement in an in-prison
141 treatment program, the department must immediately notify the
142 court, the state attorney, and the defense counsel that this
143 portion of the sentence is served in accordance with paragraph
144 (4)(b).
145 (c) If, after placement in an in-prison treatment program,
146 an offender is unable to participate due to medical concerns or
147 other reasons, he or she must be examined by qualified medical
148 personnel or qualified nonmedical personnel appropriate for the
149 offender’s situation, as determined by the department. The
150 qualified personnel shall consult with the director of the in
151 prison treatment program, and the director shall determine
152 whether the offender will continue with treatment or be
153 discharged from the program. If the director discharges the
154 offender from the treatment program, the department must
155 immediately notify the court, the state attorney, and the
156 defense counsel that this portion of the sentence is served in
157 accordance with paragraph (4)(b).
158 (d) If, after placement in an in-prison treatment program,
159 an offender is unable to participate due to disruptive behavior
160 or violations of any of the rules the department adopts to
161 implement this section, the director shall determine whether the
162 offender will continue with treatment or be discharged from the
163 program. If the director discharges the offender from the
164 treatment program, the department must immediately notify the
165 court, the state attorney, and the defense counsel that this
166 portion of the sentence is served in accordance with paragraph
167 (4)(b).
168 (e) An offender participating in an in-prison treatment
169 program portion of his or her imprisonment must comply with any
170 additional requirements placed on the participants by the
171 department in rule. If an offender violates any of the rules, he
172 or she may have sanctions imposed, including loss of privileges,
173 restrictions, disciplinary confinement, forfeiture of gain-time
174 or the right to earn gain-time in the future, alteration of
175 release plans, termination from the in-prison treatment program,
176 or other program modifications in keeping with the nature and
177 gravity of the program violation. The department may place an
178 inmate participating in an in-prison treatment program in
179 administrative or protective confinement, as necessary.
180 (8) DRUG OFFENDER OR MENTAL HEALTH PROBATION.—
181 (a) Upon completion of the term of imprisonment ordered by
182 the court, the offender shall be transitioned into the community
183 to begin his or her drug offender or mental health probation for
184 a term of 24 months, as ordered by the court at the time of
185 sentencing in accordance with subsection (4).
186 (b) An offender on drug offender or mental health probation
187 following a probationary split sentence imposed pursuant to this
188 section must comply with all standard conditions of drug
189 offender or mental health probation and any special condition of
190 probation ordered by the sentencing court, including
191 participation in an aftercare substance abuse or mental health
192 program, residence in a postrelease transitional residential
193 halfway house, or any other appropriate form of supervision or
194 treatment.
195 (c) While on probation pursuant to this subsection, the
196 offender shall pay all appropriate costs of probation to the
197 department. An offender who is determined to be financially able
198 shall also pay all costs of substance abuse or mental health
199 treatment. The court may impose on the offender additional
200 conditions requiring payment of restitution, court costs, fines,
201 community service, or compliance with other special conditions.
202 (d) An offender’s violation of any condition or order may
203 result in revocation of probation by the court and imposition of
204 any sentence authorized under the law, with credit given for the
205 time already served in prison.
206 (9) REPORTING.—The department shall develop a computerized
207 system to track data on the recidivism and recommitment of
208 offenders who have been sentenced to a probationary split
209 sentence for substance use or mental health offenders. On
210 October 1, 2019, and on each October 1 thereafter, the
211 department shall submit an annual report of the results of the
212 collected data to the Governor, the President of the Senate, and
213 the Speaker of the House of Representatives.
214 (10) RULEMAKING.—The department shall adopt rules pursuant
215 to ss. 120.536(1) and 120.54 to administer this section.
216 Section 2. This act shall take effect October 1, 2019.