1 | The Criminal Justice Committee recommends the following: |
2 |
|
3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to inmate substance abuse services; |
7 | creating s. 397.755, F.S.; directing the Department of |
8 | Corrections to create a substance abuse reentry program; |
9 | providing eligibility criteria for the program; requiring |
10 | judicial approval for entry to the program; requiring |
11 | specified notice; providing a time limit for the judge to |
12 | respond; directing the department to prepare a postrelease |
13 | treatment plan; requiring the department to notify the |
14 | judge before releasing the inmate into the community; |
15 | requiring the inmate to abide by the order of supervision |
16 | and the rules of the department; directing the department |
17 | to provide special training to employees working in the |
18 | program; authorizing the department to develop |
19 | performance-based contracts to supply services to the |
20 | program; permitting the department to establish a system |
21 | of incentives to promote participation in rehabilitative |
22 | programs; providing that this act does not confer any |
23 | right to placement in the substance abuse reentry program; |
24 | directing the department to track recidivism and |
25 | recommitment of inmates who have participated in the |
26 | program; requiring a report to the Governor and |
27 | Legislature; requiring a review and report by the Office |
28 | of Program Policy Analysis and Government Accountability; |
29 | authorizing rulemaking; providing an effective date. |
30 |
|
31 | Be It Enacted by the Legislature of the State of Florida: |
32 |
|
33 | Section 1. Section 397.755, Florida Statutes, is created |
34 | to read: |
35 | 397.755 Substance abuse reentry program.-- |
36 | (1) DEPARTMENT TO DEVELOP PROGRAM.--The department shall |
37 | develop and implement a substance abuse reentry program for |
38 | inmates. The program shall provide a mechanism by which an |
39 | eligible, nonviolent, low-risk inmate who poses a minimal |
40 | foreseeable risk to the public and who has been identified as |
41 | being in need of substance abuse treatment may be diverted into |
42 | a substance abuse reentry program. The substance abuse reentry |
43 | program shall consist of a prison-based substance abuse |
44 | treatment program and a community-based aftercare treatment |
45 | program. The substance abuse reentry program must be |
46 | specifically designed to be intensive and may have a work- |
47 | release component as part of the program. The in-prison |
48 | component may be operated in secure areas in or adjacent to an |
49 | adult institution, a community residential center, or a work- |
50 | release center. |
51 | (2) PRELIMINARY ELIGIBILITY.--The department shall screen |
52 | all incoming inmates to determine their eligibility for the |
53 | substance abuse reentry program and shall continuously screen |
54 | all inmates incarcerated in department institutions and |
55 | facilities for eligibility to participate in the substance abuse |
56 | reentry program. A sentencing court may recommend to the |
57 | department that an inmate be considered for admission to the |
58 | reentry program. When screening for inclusion in the substance |
59 | abuse reentry program, the department may consider the inmate's |
60 | criminal history, need for substance abuse treatment, general |
61 | rehabilitative interests, and potential risk to the public. The |
62 | department may also consider the operational needs of the |
63 | department and the victim's comments. |
64 | (a) An inmate is ineligible for consideration for |
65 | placement in the program if: |
66 | 1. The inmate was sentenced to a term of 10 years or more; |
67 | 2. The inmate has less than 18 months remaining in his or |
68 | her sentence; |
69 | 3. The inmate has twice before been incarcerated in state |
70 | or federal prison; or |
71 | 4. Whether related to the current term of incarceration, |
72 | or a previous term of incarceration, the inmate was convicted of |
73 | or pled guilty or no contest to: |
74 | a. Any capital, life, or first degree felony; |
75 | b. Any second or third degree felony offense listed in s. |
76 | 775.084(1)(c)1.; |
77 | c. Any offense listed in s. 784.07, s. 784.021, s. 800.04, |
78 | s. 827.03, or s. 843.01; |
79 | d. Any offense where the sentence was enhanced pursuant to |
80 | s. 775.087; or |
81 | e. Any offense in another jurisdiction that would be an |
82 | offense described in sub-subparagraphs a.-c., or that would have |
83 | been enhanced pursuant s. 775.087, if that offense had been |
84 | committed in this state. |
85 | (b) An inmate is eligible for consideration for placement |
86 | in the program if: |
87 | 1. The inmate is not ineligible pursuant to paragraph (a). |
88 | 2. The inmate is in need of substance abuse treatment. |
89 | 3. The inmate agrees to participate in the program. |
90 | 4. The department has placed the inmate in minimum or |
91 | community custody status. |
92 | 5. The inmate otherwise meets the criteria for placement |
93 | as determined by the department. The criteria shall include, but |
94 | not be limited to, consideration of the inmate's criminal |
95 | history, need for substance abuse treatment, general |
96 | rehabilitative interests, potential risk to the public, and the |
97 | operational needs of the department. |
98 | (3) ADMISSION INTO PROGRAM.--No inmate shall be admitted |
99 | into the substance abuse reentry program without written |
100 | approval of the sentencing court. |
101 | (a) If an inmate meets the criteria for program admission, |
102 | the department approves the inmate for entry into the program, |
103 | and space is available, the department shall give written |
104 | notification to the sentencing court, state attorney, counsel |
105 | for the inmate, and any victim of the department's desire to |
106 | admit the inmate into the program. The notice must set forth the |
107 | time limits of this section. The state attorney and any victim |
108 | may provide the sentencing court with written comments regarding |
109 | the inmate's placement in the program, which comments must be |
110 | received by the court on or before 20 days after the |
111 | department's intent was mailed. |
112 | (b) After consideration of comments, if any, by the state |
113 | attorney and any victim, the sentencing court shall notify the |
114 | department of the court's approval of the inmate's admission |
115 | into the program within 30 days after the department's intent |
116 | was mailed. Alternatively, the court may, within the 30-day |
117 | period, set a hearing on the matter. At the hearing, the court |
118 | may examine and admonish the inmate and may inquire of the |
119 | department, the state attorney, and the victim. Within 5 days |
120 | after the hearing, the court shall determine whether to allow |
121 | the inmate to enter the program. |
122 | (c) If the court fails to either approve the inmate's |
123 | admission into the program or to set a hearing within the 30-day |
124 | time period, the court will be deemed to have rejected the |
125 | inmate for participation in the program. Admission into the |
126 | program is not a right, it is a matter of grace; accordingly, a |
127 | sentencing court may refuse to agree to admission to the program |
128 | for any reason, and a court's refusal to agree to admission to |
129 | the program may not be challenged or appealed. |
130 | (4) PROCEDURE UPON ADMISSION TO PROGRAM; IN-PRISON |
131 | TREATMENT.--If an inmate is approved by the sentencing court for |
132 | admission in the program, the department shall commence an in- |
133 | prison treatment component. Before the inmate completes the in- |
134 | prison treatment component, the department shall evaluate the |
135 | inmate's needs and develop a postrelease treatment plan that |
136 | includes substance abuse aftercare services. If, after placement |
137 | in the reentry program, the inmate appears unable to participate |
138 | due to medical or other reasons, he or she must be examined by |
139 | qualified medical personnel or qualified nonmedical personnel |
140 | appropriate for the inmate's situation, as determined by the |
141 | department. The qualified personnel shall consult with the |
142 | director of the substance abuse reentry program, and the |
143 | director shall determine if the inmate may continue with |
144 | treatment or if the inmate must be discharged from the program. |
145 | An inmate in the substance abuse reentry program is subject to |
146 | the rules of conduct established by the department and may have |
147 | sanctions imposed, including loss of privileges, restrictions, |
148 | disciplinary confinement, forfeiture of gain-time or the right |
149 | to earn gain-time in the future, alteration of release plans, |
150 | termination from the substance abuse reentry program, or other |
151 | program modifications in keeping with the nature and gravity of |
152 | the program violation. The department may place an inmate in the |
153 | substance abuse reentry program in an administrative or |
154 | protective confinement, as necessary. If the inmate does not |
155 | successfully complete the in-prison treatment program, the |
156 | department shall notify the sentencing court. |
157 | (5) PROCEDURE UPON COMPLETION OF THE IN-PRISON TREATMENT |
158 | COMPONENT.--Following completion of the in-prison treatment |
159 | component, the inmate shall be brought before the sentencing |
160 | court for conversion of the remainder of the inmate's prison |
161 | sentence to drug offender probation. |
162 | (a) While in the community, the inmate shall be subject to |
163 | all standard terms of drug offender probation, plus any special |
164 | conditions of supervision ordered by the court, including |
165 | participation in an aftercare substance abuse program, residence |
166 | in a postrelease transitional residential halfway house, or any |
167 | other appropriate form of supervision or treatment. |
168 | (b) If the sentencing county has established a drug court, |
169 | and if the drug court will accept the case, the inmate's case |
170 | shall be transferred to a drug court or reentry drug court. |
171 | Where transferred, the drug court judge shall be deemed the |
172 | sentencing judge for purposes of this section, and the drug |
173 | court shall be responsible for collecting the cost of |
174 | supervision from the inmate. |
175 | (c) An inmate on drug offender probation, or drug court |
176 | supervision pursuant to this section, shall comply with all |
177 | conditions of supervision imposed by the modified sentencing |
178 | order and shall comply with all orders of the drug court. |
179 | Violation of any condition or order may result in revocation of |
180 | supervision by the court and imposition of any sentence |
181 | authorized under the law. |
182 | (d) While on drug offender probation or drug court |
183 | supervision, the inmate shall pay the cost of supervision to the |
184 | state or the drug court, as appropriate. An inmate who is |
185 | financially able to shall also pay all costs of drug |
186 | rehabilitation and treatment. The court may impose on the inmate |
187 | additional conditions requiring payment of restitution, court |
188 | costs, and fines; public service; and compliance with other |
189 | special conditions. |
190 | (6) DUTIES OF THE DEPARTMENT.--The department shall |
191 | implement the substance abuse reentry program to the fullest |
192 | extent feasible within the terms of this section and available |
193 | resources. The department shall provide a special training |
194 | program for staff members selected to serve in the substance |
195 | abuse reentry program. |
196 | (7) CONTRACTORS.--The department may develop and enter |
197 | into performance-based contracts with qualified individuals, |
198 | agencies, or corporations to supply any or all services provided |
199 | in the substance abuse reentry program. However, no contract |
200 | shall be entered into or renewed unless the contract offers a |
201 | substantial savings to the department. The department may |
202 | establish a system of incentives within the substance abuse |
203 | reentry program to promote participation in rehabilitative |
204 | programs and the orderly operation of institutions and |
205 | facilities. |
206 | (8) NO RIGHTS CONFERRED UPON INMATES.--This section does |
207 | not create or confer any right to any inmate to placement in the |
208 | substance abuse reentry program or any right to placement or |
209 | early release under supervision of any type. No inmate shall |
210 | have a cause of action against the department, a court, the |
211 | state attorney, or a victim related to the substance abuse |
212 | reentry program. |
213 | (9) REPORTING.-- |
214 | (a) The department shall develop a computerized system to |
215 | track recidivism and recommitment of inmates who have |
216 | participated in the substance abuse reentry program. Commencing |
217 | October 1, 2007, and on October 1 of each succeeding year, the |
218 | department shall submit an annual report of the results of the |
219 | collected data to the Governor, the President of the Senate, and |
220 | the Speaker of the House of Representatives. |
221 | (b) The Office of Program Policy Analysis and Government |
222 | Accountability shall review the substance abuse reentry program |
223 | and report its findings to the President of the Senate and the |
224 | Speaker of the House of Representatives before the commencement |
225 | of the 2009 legislative session. |
226 | (10) RULEMAKING.--The department may adopt rules pursuant |
227 | to ss. 120.536(1) and 120.54 to implement this section and to |
228 | administer the substance abuse reentry program. |
229 | Section 2. This act shall take effect July 1, 2005. |