Florida Senate - 2010                                    SB 2714
       
       
       
       By Senator Rich
       
       
       
       
       34-01810-10                                           20102714__
    1                        A bill to be entitled                      
    2         An act relating to inmate services; creating s.
    3         397.755, F.S.; requiring that the Department of
    4         Corrections create a reentry program to provide a
    5         mechanism by which an eligible, nonviolent, and low
    6         risk inmate who poses a minimal foreseeable risk to
    7         the public may be transferred into the community
    8         through a transitional process; requiring that the
    9         program consist of a prison-based treatment reentry
   10         program and a community-based aftercare treatment and
   11         reentry program; providing preliminary eligibility
   12         criteria for the reentry program; requiring a
   13         recommendation for reentry at the time of sentencing;
   14         directing the department to prepare a postrelease
   15         treatment plan; requiring that the department notify
   16         the judge before transferring the inmate into the
   17         community; requiring the inmate to abide by the order
   18         of supervision and the rules of the department;
   19         directing the department to provide special training
   20         to employees working in the reentry program;
   21         authorizing the department to develop performance
   22         based contracts to supply services to the reentry
   23         program; permitting the department to establish a
   24         system of incentives to promote participation by
   25         private-sector employers in rehabilitative reentry
   26         programs; providing that the act does not confer any
   27         right to placement in the reentry program; directing
   28         the department to track recidivism and recommitment of
   29         inmates who have participated in the reentry program;
   30         requiring a report to the Governor and Legislature;
   31         requiring a review and report by the Office of Program
   32         Policy Analysis and Government Accountability;
   33         authorizing rulemaking; providing an effective date.
   34  
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Section 397.755, Florida Statutes, is created to
   38  read:
   39         397.755Reentry program.—
   40         (1)DEPARTMENT TO DEVELOP REENTRY PROGRAM.—The department
   41  shall develop and implement a reentry program for inmates.
   42         (a)The reentry program shall provide a mechanism by which
   43  an eligible, nonviolent, and low-risk inmate who poses a minimal
   44  foreseeable risk to the public and for whom the reentry program
   45  has been ordered as part of his or her sentence may be
   46  transferred into the community during the last year of his or
   47  her sentence.
   48         (b)The reentry program must consist of two parts:
   49         1.A prison-based treatment reentry program for substance
   50  abuse, mental health, or co-occurring disorders for a minimum of
   51  90 days; and
   52         2.A community-based aftercare treatment and reentry
   53  program.
   54         (c)The reentry program must be specifically designed to be
   55  intensive and may have a work-release component as part of its
   56  treatment program.
   57         (d)The in-prison component may be operated in a secure
   58  area in or adjacent to an adult institution, a community
   59  residential center, or a work release center.
   60         (2)PRELIMINARY ELIGIBILITY.—
   61         (a)The sentencing court shall order the inmate to
   62  participate in the reentry program at the time of sentencing in
   63  order for the inmate to be preliminarily eligible to participate
   64  in the reentry program.
   65         (b)Thereafter, the department shall screen the inmate for
   66  eligibility for the reentry program. When determining
   67  eligibility, the department shall consider the inmate’s criminal
   68  history, need for mental health treatment or substance abuse
   69  treatment or both, and general rehabilitative interests, and the
   70  potential risk that the inmate presents to the public. The
   71  department may also consider the operational needs of the
   72  department and the comments and statements of the inmate’s
   73  victim.
   74         (c)An inmate is ineligible for participation in the
   75  reentry program if:
   76         1.The inmate was sentenced to a term of incarceration of
   77  10 years or more; or
   78         2.Whether related to the present term of incarceration or
   79  a previous term of incarceration, the inmate has been convicted
   80  of, or pled guilty or nolo contendere to:
   81         a.Any capital, life, or first-degree felony;
   82         b.Any second-degree or third-degree felony offense listed
   83  in s. 775.084(1)(c)1.;
   84         c.Any offense listed in s. 784.07, s. 784.021, s. 827.03,
   85  or s. 843.01, or any offense for which a person is subject to
   86  registration as a sex offender under s. 943.0435;
   87         d.Any offense for which the sentence was enhanced pursuant
   88  to s. 775.087; or
   89         e.Any offense in another jurisdiction which would be an
   90  offense described in sub-subparagraphs a.-c., or which would
   91  have been enhanced pursuant s. 775.087 if that offense had been
   92  committed in this state.
   93         (d)An inmate is eligible for placement in the reentry
   94  program if:
   95         1.The inmate is not ineligible under paragraph (c).
   96         2.The inmate is in need of mental health treatment or
   97  substance abuse treatment or both.
   98         3.The inmate has been ordered to participate in the
   99  reentry program.
  100         4.The department has placed the inmate in minimum-custody
  101  or community-custody status.
  102         5.Space is available in the program.
  103         6.The inmate otherwise meets the criteria for placement as
  104  determined by the department.
  105         (3)ADMISSION INTO REENTRY PROGRAM.—
  106         (a)If an inmate meets the criteria for admission to the
  107  reentry program, the department shall approve or reject the
  108  inmate’s entry into the reentry program. The department shall
  109  give written notice to the sentencing court, state attorney,
  110  counsel for the inmate, and any victim of the inmate if the
  111  inmate is admitted into the reentry program.
  112         (b)Admission into the reentry program is not a right;
  113  accordingly, the department may refuse to place an inmate in the
  114  reentry program.
  115         (4)PROCEDURE UPON ADMISSION TO REENTRY PROGRAM; IN-PRISON
  116  TREATMENT.—If the inmate is admitted into the reentry program,
  117  the department shall commence the in-prison treatment component.
  118         (a)Before the inmate completes the in-prison treatment
  119  component, the department shall evaluate the inmate’s needs for
  120  community placement and develop a postrelease treatment plan
  121  that includes mental health aftercare services or substance
  122  abuse aftercare services or both.
  123         (b)If at any time after placement in the reentry program,
  124  the inmate appears unable to participate due to medical or other
  125  causes, he or she shall be examined by qualified medical
  126  personnel or qualified nonmedical personnel appropriate for the
  127  inmate’s situation, as determined by the department. The
  128  qualified personnel shall consult with the director of the
  129  reentry program, and the director shall determine if the inmate
  130  may continue with treatment or if the inmate must be discharged
  131  from the reentry program.
  132         (c)An inmate in the reentry program is subject to the
  133  rules of conduct established by the department and may have
  134  sanctions imposed, including loss of privileges, restrictions,
  135  disciplinary confinement, forfeiture of gain-time or the right
  136  to earn gain-time in the future, alteration of release plans,
  137  termination from the reentry program, or other reentry program
  138  modifications in keeping with the nature and gravity of the
  139  reentry program violation. The department may place an inmate in
  140  the reentry program in an administrative or protective
  141  confinement, as necessary.
  142         (5)PROCEDURE UPON COMPLETION OF THE IN-PRISON TREATMENT
  143  COMPONENT.—Following completion of the in-prison treatment
  144  component, the inmate shall be transferred into the community on
  145  drug offender probation or mental health probation for the last
  146  12 months of his or her sentence.
  147         (a)While in the community, the inmate is subject to all
  148  standard terms of drug offender probation, any special
  149  conditions of supervision ordered by the court, including
  150  participation in an aftercare mental health or substance abuse
  151  reentry program, residence in a postrelease transitional
  152  residential halfway house, or any other appropriate form of
  153  supervision or treatment. Violation of any condition or order
  154  may result in revocation of supervision by the court and
  155  imposition of any sentence that is authorized by law, subject to
  156  time served in prison.
  157         (b)If there is a drug court in the sentencing county and
  158  if the drug court accepts the case, the inmate’s case shall be
  159  transferred to the drug court for supervision for the last 12
  160  months of his or her sentence. The drug court judge shall be
  161  deemed the sentencing judge for purposes of ensuring compliance
  162  with this section, and the department shall be responsible for
  163  collecting the cost of supervision, as appropriate, from the
  164  inmate.
  165         (c)While on drug offender probation or mental health
  166  probation, the inmate shall pay the cost of supervision to the
  167  department, as appropriate. An inmate who is financially able
  168  shall also pay all costs of his or her drug rehabilitation or
  169  mental health treatment. The court may impose on the inmate
  170  additional conditions requiring payment of restitution, court
  171  costs, and fines; public service; and compliance with other
  172  special conditions.
  173         (d)Time spent on drug offender probation or mental health
  174  probation as part of the reentry program shall be considered in
  175  custody time in calculating gain-time for the inmate.
  176         (6)DUTIES OF THE DEPARTMENT.—The department shall
  177  implement the reentry program to the fullest extent feasible
  178  within the terms of this section and available resources. The
  179  department shall provide a special training reentry program for
  180  staff members who are selected to serve in the reentry program.
  181         (7)CONTRACTORS.—The department may develop and enter into
  182  performance-based contracts with qualified individuals,
  183  agencies, or corporations to supply any or all services provided
  184  in the reentry program. However, a contract may not be executed
  185  or renewed unless the contract offers a substantial savings to
  186  the department. The department may establish a system of
  187  incentives in order to promote participation by private-sector
  188  employers in the rehabilitative reentry programs and the orderly
  189  operation of institutions and facilities.
  190         (8)NO RIGHTS CONFERRED UPON INMATES.—This section does not
  191  create or confer any right to an inmate to placement in the
  192  reentry program or any right to placement or early release under
  193  supervision of any type. An inmate does not have a cause of
  194  action against the department, a court, the state attorney, or a
  195  victim related to the reentry program.
  196         (9)REPORTING.—
  197         (a)The department shall develop a computerized system to
  198  track recidivism and recommitment of inmates who have
  199  participated in the reentry program. Beginning October 1, 2011,
  200  and on October 1 of each succeeding year, the department shall
  201  submit an annual report of the results of the collected data to
  202  the Governor, the President of the Senate, and the Speaker of
  203  the House of Representatives.
  204         (b)The Office of Program Policy Analysis and Government
  205  Accountability shall review the reentry program and report its
  206  findings to the President of the Senate and the Speaker of the
  207  House of Representatives before the commencement of the 2011
  208  legislative session.
  209         (10)RULEMAKING.—The department may adopt rules to
  210  administer the reentry program.
  211         Section 2. This act shall take effect July 1, 2010.