Senate Bill sb1002c1

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    Florida Senate - 2001                           CS for SB 1002

    By the Committee on Appropriations and Senator Cowin





    309-1855-01

  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Corrections; transferring the Office for

  4         Certification and Monitoring of Batterers'

  5         Intervention Programs from the Department of

  6         Corrections to the Department of Children and

  7         Family Services; amending ss. 741.32, 741.325,

  8         F.S.; revising references to conform to the

  9         transfer of the office; transferring,

10         renumbering, and amending s. 945.76, F.S.;

11         transferring authority for certain fee

12         assessment and collection from the Department

13         of Corrections to the Department of Children

14         and Family Services; amending s. 921.0024,

15         F.S.; removing the Department of Corrections'

16         responsibility for preparing sentencing

17         scoresheets; amending s. 944.023, F.S.;

18         removing reference to pretrial intervention

19         from the correctional master plan; amending s.

20         944.026, F.S.; removing reference to pretrial

21         intervention programs as community-based

22         programs; amending s. 948.03, F.S.; removing

23         offenders under pretrial intervention from

24         state employee status pursuant to chapter 440,

25         F.S., when participating in a work program;

26         amending s. 948.08, F.S.; deleting the

27         Department of Corrections' responsibilities and

28         authority regarding pretrial intervention and

29         providing for the counties to supervise

30         pretrial intervention offenders; amending s.

31         948.09, F.S.; removing reference to pretrial

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    Florida Senate - 2001                           CS for SB 1002
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  1         intervention with respect to cost of

  2         supervision and rehabilitation; providing an

  3         effective date.

  4

  5  Be It Enacted by the Legislature of the State of Florida:

  6

  7         Section 1.  The Office for Certification and Monitoring

  8  of Batterers' Intervention Programs within the Department of

  9  Corrections is transferred by a type two transfer, as defined

10  in section 20.06(2), Florida Statutes, to the Department of

11  Children and Family Services. All powers, duties, functions,

12  rules, records, personnel, property, and unexpended balances

13  of appropriations, allocations, or other funds of the

14  Department of Corrections relating to the Office for

15  Certification and Monitoring of Batterers' Intervention

16  Programs are transferred by a type two transfer, as defined in

17  section 20.06(2), Florida Statutes, to the Department of

18  Children and Family Services.

19         Section 2.  Subsection (2) of section 741.32, Florida

20  Statutes, is amended to read:

21         741.32  Certification of batterers' intervention

22  programs.--

23         (2)  There is hereby established in the Department of

24  Children and Family Services Corrections an Office for

25  Certification and Monitoring of Batterers' Intervention

26  Programs. The department may certify and monitor both programs

27  and personnel providing direct services to those persons who

28  are adjudged to have committed an act of domestic violence as

29  defined in s. 741.28, those against whom an injunction for

30  protection against domestic violence is entered, those

31  referred by the department of Children and Family Services,

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    Florida Senate - 2001                           CS for SB 1002
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  1  and those who volunteer to attend such programs.  The purpose

  2  of certification of programs is to uniformly and

  3  systematically standardize programs to hold those who

  4  perpetrate acts of domestic violence responsible for those

  5  acts and to ensure safety for victims of domestic violence.

  6  The certification and monitoring shall be funded by user fees

  7  as provided in s. 741.327 s. 945.76.

  8         Section 3.  Section 741.325, Florida Statutes, is

  9  amended to read:

10         741.325  Guideline authority.--The Department of

11  Children and Family Services Corrections shall adopt

12  promulgate guidelines to govern purpose, policies, standards

13  of care, appropriate intervention approaches, inappropriate

14  intervention approaches during the batterers' program

15  intervention phase (to include couples counseling and

16  mediation), conflicts of interest, assessment, program content

17  and specifics, qualifications of providers, and credentials

18  for facilitators, supervisors, and trainees.  The department

19  shall, in addition, establish specific procedures governing

20  all aspects of program operation, including administration,

21  personnel, fiscal matters, victim and batterer records,

22  education, evaluation, referral to treatment and other matters

23  as needed.  In addition, the rules shall establish:

24         (1)  That the primary purpose of the programs shall be

25  victim safety and the safety of the children, if present.

26         (2)  That the batterer shall be held accountable for

27  acts of domestic violence.

28         (3)  That the programs shall be at least 29 weeks in

29  length and shall include 24 weekly sessions, plus appropriate

30  intake, assessment, and orientation programming.

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    Florida Senate - 2001                           CS for SB 1002
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  1         (4)  That the program be a psychoeducational model that

  2  employs a program content based on tactics of power and

  3  control by one person over another.

  4         (5)  That the programs and those who are facilitators,

  5  supervisors, and trainees be certified to provide these

  6  programs through initial certification and that the programs

  7  and personnel be annually monitored to ensure that they are

  8  meeting specified standards.

  9         (6)  The intent that the programs be user-fee funded

10  with fees from the batterers who attend the program as payment

11  for programs is important to the batterer taking

12  responsibility for the act of violence, and from those seeking

13  certification.  Exception shall be made for those local,

14  state, or federal programs that fund batterers' intervention

15  programs in whole or in part.

16         (7)  Standards for rejection and suspension for failure

17  to meet certification standards.

18         (8)  That these standards shall apply only to programs

19  that address the perpetration of violence between intimate

20  partners, spouses, ex-spouses, or those who share a child in

21  common or who are cohabitants in intimate relationships for

22  the purpose of exercising power and control by one over the

23  other.  It will endanger victims if courts and other referral

24  agencies refer family and household members who are not

25  perpetrators of the type of domestic violence encompassed by

26  these standards.  Accordingly, the court and others who make

27  referrals should refer perpetrators only to programming that

28  appropriately addresses the violence committed.

29         Section 4.  Section 945.76, Florida Statutes, is

30  transferred, renumbered as section 741.327, Florida Statutes,

31  and amended to read:

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    Florida Senate - 2001                           CS for SB 1002
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  1         741.327945.76  Certification and monitoring of

  2  batterers' intervention programs; fees.--

  3         (1)  Pursuant to s. 741.32, the Department of Children

  4  and Family Services Corrections is authorized to assess and

  5  collect:

  6         (a)  An annual certification fee not to exceed $300 for

  7  the certification and monitoring of batterers' intervention

  8  programs.

  9         (b)  An annual certification fee not to exceed $200 for

10  the certification and monitoring of assessment personnel

11  providing direct services to persons who:

12         1.  Are ordered by the court to participate in a

13  domestic violence prevention program;

14         2.  Are adjudged to have committed an act of domestic

15  violence as defined in s. 741.28;

16         3.  Have an injunction entered for protection against

17  domestic violence; or

18         4.  Agree to attend a program as part of a diversion or

19  pretrial intervention agreement by the offender with the state

20  attorney.

21         (2)  All persons required by the court to attend

22  domestic violence programs certified by the Department of

23  Children and Family Services' Corrections' Office for of

24  Certification and Monitoring of Batterers' Intervention

25  Programs shall pay an additional $30 fee for each 29-week

26  program to the Department of Children and Family Services

27  Corrections.

28         (3)  The fees assessed and collected under this section

29  shall be deposited in the Executive Office of the Governor's

30  Domestic Violence department's Operating Trust Fund

31  established in s. 741.01 and directed to the Department of

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    Florida Senate - 2001                           CS for SB 1002
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  1  Children and Family Services to fund the cost of certifying

  2  and monitoring batterers' intervention programs.

  3         Section 5.  Subsection (3) of section 921.0024, Florida

  4  Statutes, is amended to read:

  5         921.0024  Criminal Punishment Code; worksheet

  6  computations; scoresheets.--

  7         (3)  A single scoresheet shall be prepared for each

  8  defendant to determine the permissible range for the sentence

  9  that the court may impose, except that if the defendant is

10  before the court for sentencing for more than one felony and

11  the felonies were committed under more than one version or

12  revision of the guidelines or the code, separate scoresheets

13  must be prepared. The scoresheet or scoresheets must cover all

14  the defendant's offenses pending before the court for

15  sentencing. Either the office of The state attorney or the

16  Department of Corrections, or both where appropriate, shall

17  prepare the scoresheet or scoresheets, which must be presented

18  to the defense counsel for review for accuracy in all cases

19  unless the judge directs otherwise.  The defendant's

20  scoresheet or scoresheets must be approved and signed by the

21  sentencing judge.

22         Section 6.  Paragraph (d) of subsection (4) of section

23  944.023, Florida Statutes, is amended to read:

24         944.023  Comprehensive correctional master plan.--

25         (4)  The comprehensive correctional master plan shall

26  use the estimates of the Criminal Justice Estimating

27  Conference and shall include:

28         (d)  A detailed analysis of methods to implement

29  diversified alternatives to institutionalization when such

30  alternatives can be safely employed.  The analysis shall

31  include an assessment of current pretrial intervention,

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    Florida Senate - 2001                           CS for SB 1002
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  1  probation, and community control alternatives and their

  2  cost-effectiveness with regard to restitution to victims,

  3  reimbursements for cost of supervision, and subsequent

  4  violations resulting in commitments to the department.  Such

  5  analysis shall also include an assessment of current use of

  6  electronic surveillance of offenders and projected potential

  7  for diverting additional categories of offenders from

  8  incarceration within the department.

  9         Section 7.  Subsection (2) of section 944.026, Florida

10  Statutes, is amended to read:

11         944.026  Community-based facilities and programs.--

12         (2)(a)  The department shall develop and implement

13  procedures to diagnose offenders prior to sentencing, for the

14  purpose of recommending to the sentencing court suitable

15  candidates for placement in a community-based residential drug

16  treatment facility or probation and restitution center as

17  provided in this section.

18         (b)  Pretrial intervention programs in appropriate

19  counties to provide early counseling and supervision services

20  to specified offenders as provided in s. 948.08.

21         Section 8.  Paragraph (a) of subsection (8) of section

22  948.03, Florida Statutes, is amended to read:

23         948.03  Terms and conditions of probation or community

24  control.--

25         (8)(a)  Whenever an offender is required by the court

26  to participate in any work program under the provisions of

27  this chapter, enters into the pretrial intervention program

28  pursuant to s. 948.08, or volunteers to work in a supervised

29  work program conducted by a specified state, county,

30  municipal, or community service organization or to work for

31  the victim, either as an alternative to monetary restitution

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    Florida Senate - 2001                           CS for SB 1002
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  1  or as a part of the rehabilitative or community control

  2  program, the offender shall be considered an employee of the

  3  state for the purposes of chapter 440.

  4         Section 9.  Subsections (1) and (8) of section 948.08,

  5  Florida Statutes, are amended, and subsection (9) is added to

  6  that section, to read:

  7         948.08  Pretrial intervention program.--

  8         (1)  The county may department shall supervise pretrial

  9  intervention programs for persons charged with a crime, before

10  or after any information has been filed or an indictment has

11  been returned in the circuit court.  Such programs shall

12  provide appropriate counseling, education, supervision, and

13  medical and psychological treatment as available and when

14  appropriate for the persons released to such programs.

15         (8)  The county department may contract for the

16  services and facilities necessary to operate pretrial

17  intervention programs.

18         (9)  Persons who were under pretrial intervention

19  supervision with the department on July 1, 2000, shall have

20  their cases returned to the state attorney for further action.

21         Section 10.  Section 948.09, Florida Statutes, is

22  amended to read:

23         948.09  Payment for cost of supervision and

24  rehabilitation.--

25         (1)(a)1.  Any person ordered by the court, the

26  Department of Corrections, or the parole commission to be

27  placed on probation, drug offender probation, community

28  control, parole, control release, provisional release

29  supervision, or conditional release supervision under chapter

30  944, chapter 945, chapter 947, chapter 948, or chapter 958, or

31  in a pretrial intervention program, must, as a condition of

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    Florida Senate - 2001                           CS for SB 1002
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  1  any placement, pay the department a total sum of money equal

  2  to the total month or portion of a month of supervision times

  3  the court-ordered amount, but not to exceed the actual per

  4  diem cost of the supervision. The department shall adopt rules

  5  by which an offender who pays in full and in advance of

  6  regular termination of supervision may receive a reduction in

  7  the amount due. The rules shall incorporate provisions by

  8  which the offender's ability to pay is linked to an

  9  established written payment plan. Funds collected from felony

10  offenders may be used to offset costs of the Department of

11  Corrections associated with community supervision programs,

12  subject to appropriation by the Legislature.

13         2.  In addition to any other contribution or surcharge

14  imposed by this section, each felony offender assessed under

15  this paragraph shall pay a $2-per-month surcharge to the

16  department. The surcharge shall be deemed to be paid only

17  after the full amount of any monthly payment required by the

18  established written payment plan has been collected by the

19  department. These funds shall be used by the department to pay

20  for correctional probation officers' training and equipment,

21  including radios, and firearms training, firearms, and

22  attendant equipment necessary to train and equip officers who

23  choose to carry a concealed firearm while on duty. Nothing in

24  this subparagraph shall be construed to limit the department's

25  authority to determine who shall be authorized to carry a

26  concealed firearm while on duty, or to limit the right of a

27  correctional probation officer to carry a personal firearm

28  approved by the department.

29         (b)  Any person placed on misdemeanor probation by a

30  county court must contribute not less than $40 per month, as

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    Florida Senate - 2001                           CS for SB 1002
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  1  decided by the sentencing court, to the court-approved public

  2  or private entity providing misdemeanor supervision.

  3         (2)  Any person being electronically monitored by the

  4  department as a result of placement on community control shall

  5  be required to pay a $1-per-day surcharge in addition to the

  6  cost of supervision fee as directed by the sentencing court.

  7  The surcharge shall be deposited in the Operating Trust Fund

  8  to be appropriated by the Legislature for use used by the

  9  department for purchasing and maintaining electronic

10  monitoring devices.

11         (3)  Any failure to pay contribution as required under

12  this section may constitute a ground for the revocation of

13  probation by the court, the revocation of parole or

14  conditional release by the Parole Commission, or the

15  revocation of control release by the Control Release

16  Authority, or removal from the pretrial intervention program

17  by the state attorney.  The Department of Corrections may

18  exempt a person from the payment of all or any part of the

19  contribution if it finds any of the following factors to

20  exist:

21         (a)  The offender has diligently attempted, but has

22  been unable, to obtain employment which provides him or her

23  sufficient income to make such payments.

24         (b)  The offender is a student in a school, college,

25  university, or course of vocational or technical training

26  designed to fit the student for gainful employment.

27  Certification of such student status shall be supplied to the

28  Secretary of Corrections by the educational institution in

29  which the offender is enrolled.

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    Florida Senate - 2001                           CS for SB 1002
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  1         (c)  The offender has an employment handicap, as

  2  determined by a physical, psychological, or psychiatric

  3  examination acceptable to, or ordered by, the secretary.

  4         (d)  The offender's age prevents him or her from

  5  obtaining employment.

  6         (e)  The offender is responsible for the support of

  7  dependents, and the payment of such contribution constitutes

  8  an undue hardship on the offender.

  9         (f)  The offender has been transferred outside the

10  state under an interstate compact adopted pursuant to chapter

11  949.

12         (g)  There are other extenuating circumstances, as

13  determined by the secretary.

14         (4)  In addition to the contribution required under

15  subsection (1), the department may provide a maximum payment

16  of $10 per month for each misdemeanor probationer who is

17  contributing $10 per month to the court-approved public or

18  private entity which is providing him or her with misdemeanor

19  supervision or rehabilitation. The $10 payment set forth

20  herein shall only be for first degree misdemeanors, petit

21  petty theft, and worthless checks. The department shall make

22  such payment to the court-approved public or private entity

23  which is providing supervision to the offender under this

24  section. Such payment shall be implemented through a contract

25  to be entered into by the Secretary of Corrections and the

26  entity. Terms of the contract shall state, but are not limited

27  to, the extent of the services to be rendered by the entity

28  providing supervision or rehabilitation. In addition, the

29  entity shall supply the department with a monthly report

30  documenting the acceptance of each offender placed under its

31  supervision by the court, documenting the payment of the

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    Florida Senate - 2001                           CS for SB 1002
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  1  required contribution by each offender under supervision or

  2  rehabilitation, and notifying the department of all offenders

  3  for whom supervision or rehabilitation will be terminated.

  4  Supervisory records of the entity shall be open to inspection

  5  upon the request of the department or its agents.

  6         (5)  As a condition of an interstate compact adopted

  7  pursuant to chapter 949, the department shall require each

  8  out-of-state probationer or parolee transferred to this state

  9  to contribute not less than $30 or more than the cost of

10  supervision, certified by the Department of Corrections, per

11  month to defray the cost incurred by this state as a result of

12  providing supervision and rehabilitation during the period of

13  supervision.

14         (6)  In addition to any other required contributions,

15  the department, at its discretion, may require offenders under

16  any form of supervision to submit to and pay for urinalysis

17  testing to identify drug usage as part of the rehabilitation

18  program.  Any failure to make such payment, or participate,

19  may be considered a ground for revocation by the court, the

20  Parole Commission, or the Control Release Authority, or for

21  removal from the pretrial intervention program by the state

22  attorney.  The department may exempt a person from such

23  payment if it determines that any of the factors specified in

24  subsection (3) exist.

25         (7)  The department shall establish a payment plan for

26  all costs ordered by the courts for collection by the

27  department and a priority order for payments, except that

28  victim restitution payments authorized under s. 948.03(1)(e)

29  take precedence over all other court-ordered payments. The

30  department is not required to disburse cumulative amounts of

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    Florida Senate - 2001                           CS for SB 1002
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  1  less than $10 to individual payees established on this payment

  2  plan.

  3         Section 11.  This act shall take effect July 1, 2001.

  4

  5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  6                         Senate Bill 1002

  7

  8  Transfers the Batterers' Intervention Program from the
    Department of Corrections (DOC) to the Department of Children
  9  and Family Services(DCF);

10  Removes the Department of Corrections' responsibility for
    preparing sentencing scoresheets; and
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    Deletes the Department of Corrections' responsibility for
12  operating statewide pretrial intervention programs (PTI).

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