Florida Senate - 2010 CS for SB 2714
By the Committee on Criminal Justice; and Senator Rich
591-04375A-10 20102714c1
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 develop and implement a reentry program to
5 provide a mechanism by which an eligible, nonviolent
6 offender who has received a conditional split sentence
7 may be transferred into the community through a
8 transitional process; requiring that the program
9 consist of a prison-based treatment reentry program
10 for substance abuse disorders and a community-based
11 substance abuse aftercare treatment and reentry
12 program; providing eligibility criteria for the
13 reentry program; permitting the sentencing judge to
14 sentence an offender who meets the eligibility
15 requirements to a conditional split sentence;
16 providing for the last year of the prison sentence to
17 be suspended and for the offender to serve the last
18 year on drug offender probation; requiring that the
19 offender must serve at least 85 percent of the
20 incarcerative portion of the sentence; providing for
21 terms and conditions of probation; providing that an
22 offender who does not complete the in-prison treatment
23 program to remain incarcerated; requiring the
24 probation order to authorize transfer of the
25 offender’s case to the drug court in the county where
26 the offender is sentenced; requiring a written order
27 documenting acceptance of the offender by the drug
28 court; providing that the drug court judge is deemed
29 to be the sentencing judge; providing for revocation
30 of supervision if the offender violates the terms and
31 conditions of probation; providing for an offender
32 whose probation is revoked to lose accumulated gain
33 time and to return to prison to complete the sentence;
34 requiring the department to establish criteria for
35 participation in the reentry program; providing the
36 department’s responsibilities; directing the
37 department to prepare a postrelease treatment plan;
38 authorizing the department to develop performance
39 based contracts to supply services to the reentry
40 program; permitting the department to establish a
41 system of incentives to promote participation by
42 private-sector employers in rehabilitative reentry
43 programs; directing the department to track recidivism
44 and recommitment of inmates who have participated in
45 the reentry program; requiring a report to the
46 Governor and Legislature; requiring a review and
47 report by the Office of Program Policy Analysis and
48 Government Accountability; authorizing rulemaking;
49 providing an effective date.
50
51 Be It Enacted by the Legislature of the State of Florida:
52
53 Section 1. Section 397.755, Florida Statutes, is created to
54 read:
55 397.755 Reentry program.—
56 (1) DEPARTMENT TO DEVELOP REENTRY PROGRAM.—The department
57 shall develop and implement a reentry program for inmates.
58 (a) The reentry program shall provide a mechanism by which
59 an eligible, nonviolent offender who has received a conditional
60 split sentence and for whom the reentry program has been ordered
61 as part of the sentence may be transferred into the community
62 during the last year of his or her sentence.
63 (b) The reentry program must consist of two parts:
64 1. A prison-based treatment reentry program for substance
65 abuse disorders for a minimum of 90 days; and
66 2. A community-based substance abuse aftercare treatment
67 program and reentry program.
68 (c) The in-prison component may be operated in a secure
69 area in or adjacent to an adult institution, a community
70 residential center, or a work release center.
71 (2) ELIGIBILITY.—
72 (a) An inmate is eligible for placement in the reentry
73 program if, whether related to the present conviction or a
74 previous conviction, the inmate has not been convicted of, or
75 pled guilty or nolo contendere to:
76 1. A capital, life, or first-degree felony;
77 2. A sexual offense listed in s. 943.0435(1)(a)1.a.(I);
78 3. A forcible felony offense that is specifically set forth
79 in s. 776.08, except burglary under s. 810.02(4);
80 4. An offense for which the sentence was enhanced pursuant
81 to s. 784.07 or s. 785.087;
82 5. A felony offense listed in s. 775.084(1)(c)1.;
83 6. Violation of s. 827.03(1) or (2);
84 7. Violation of s. 825.102(1) or (2);
85 8. Violation of s. 843.01;
86 9. Any offense in another jurisdiction which would be an
87 offense described in subparagraphs 1.-8. if that offense had
88 been committed in this state; or
89 10. The offender otherwise meets the criteria for placement
90 as determined by the department.
91 (3) JUDICIAL ROLE IN THE REENTRY PROGRAM.—
92 (a) The sentencing court may, at its discretion and
93 notwithstanding other sentencing laws, order the offender who
94 satisfies the offense history requirements in subsection (2) to
95 participate in the reentry program at the time of sentencing by
96 imposing a conditional split sentence. The court shall consider
97 any statement of the victim in making its decision.
98 (b) A conditional split sentence ordered pursuant to this
99 section shall consist of a term of imprisonment, the last year
100 of which is suspended and the offender placed on probation with
101 specified terms and conditions. The offender may not be placed
102 on probation unless, with the approval of the department, he or
103 she participates in and completes the in-prison treatment
104 program. The offender must serve at least 85 percent of the
105 incarceration component of the split sentence before being
106 released to supervision. If the offender does not complete the
107 in-prison treatment program, the last year of the sentence
108 remains part of the term of imprisonment to be served while
109 incarcerated. The offender must serve at least 85 percent of the
110 total term of imprisonment.
111 (c) The probation order, as part of the original
112 conditional split sentence, shall include:
113 1. The standard conditions of drug offender probation under
114 s. 948.20;
115 2. The standard condition that the offender pay the cost of
116 supervision and rehabilitation under s. 948.09, court costs, and
117 fines, if the offender is able to do so; and
118 3. Any special conditions ordered by the court.
119 (d) The probation order must also authorize the transfer of
120 the case to the drug court located in the county of the
121 sentencing court upon the offender being released to
122 supervision. If the drug court accepts the case in a written
123 order, the drug court judge shall be deemed to be the sentencing
124 judge for purposes of ensuring compliance with the probation
125 order, revocation of the probation order, and resentencing the
126 offender. The department is responsible for obtaining a written
127 order from the drug court accepting jurisdiction over the case
128 prior to the offender being released to supervision. If the
129 county does not have a drug court, or if the drug court does not
130 accept the case, the department shall supervise the offender in
131 accordance with the order of probation.
132 (e) If the offender violates the terms and conditions of
133 the probation order while under supervision, the court may
134 revoke the probation order and return the offender to prison to
135 serve the suspended 1 year of the sentence with credit only for
136 any time incarcerated between the date of release to supervision
137 and the date of resentencing. If the offender is returned to
138 prison, the gain-time earned prior to release to supervision is
139 deemed forfeited pursuant to s. 944.28(1), and the offender
140 shall serve that time as well. This subsection does not deprive
141 the offender of the right to earn additional gain-time, as
142 provide by law, from the date of the offender’s return to
143 prison.
144 (4) THE ROLE OF THE DEPARTMENT IN THE REENTRY PROGRAM.—
145 (a) The department shall implement the reentry program to
146 the fullest extent feasible within the terms of this section and
147 available resources.
148 (b) The department shall establish the criteria for
149 offenders to participate in the reentry program.
150 (c) If an offender receives a conditional split sentence
151 under subsection (3), the department shall:
152 1. Determine the offender’s eligibility to participate in
153 the reentry program. The department shall consider the inmate’s
154 criminal history, need for substance abuse treatment, general
155 rehabilitative interests, and the potential risk that the
156 offender presents to the public. The department may also
157 consider the operational needs of the department.
158 2. Obtain the offender’s written consent to participate in
159 the program and agreement to accept the responsibilities of
160 participating in the program and the consequences of not
161 completing the program. There is no right to participate in the
162 reentry program. Offenders in the reentry program are subject to
163 the same rules of conduct as are other offenders.
164 3. Place the offender in a prison-based treatment program
165 for substance abuse disorders for a minimum of 90 days.
166 4. Evaluate the offender’s needs for community placement
167 and develop a postrelease treatment plan that includes substance
168 abuse aftercare services and reentry services, in accordance
169 with the terms and conditions of the probation order.
170 5. Determine whether the offender has successfully
171 completed the in-prison treatment program.
172 6. If the offender has successfully completed the in-prison
173 treatment program, release the offender to serve the last year
174 of the conditional split sentence on probation, in accordance
175 with the terms and conditions of the probation order.
176 (5) CONTRACTORS.—The department may develop and enter into
177 performance-based contracts with qualified individuals,
178 agencies, or corporations to supply any or all services provided
179 in the reentry program. However, a contract may not be executed
180 or renewed unless the contract offers a substantial savings to
181 the department. The department may establish a system of
182 incentives in order to promote participation by private-sector
183 employers in the rehabilitative reentry programs and the orderly
184 operation of institutions and facilities.
185 (6) REPORTING.—
186 (a) The department shall develop a computerized system to
187 track recidivism and recommitment of inmates who have
188 participated in the reentry program. Beginning October 1, 2013,
189 and on October 1 of each succeeding year, the department shall
190 submit an annual report of the results of the collected data to
191 the Governor, the President of the Senate, and the Speaker of
192 the House of Representatives.
193 (b) The Office of Program Policy Analysis and Government
194 Accountability shall review the reentry program and report its
195 findings to the President of the Senate and the Speaker of the
196 House of Representatives before the commencement of the 2013
197 legislative session.
198 (7) RULEMAKING.—The department may adopt rules pursuant to
199 ss. 120.536(1) and 120.54 to implement the provisions of this
200 section.
201 Section 2. This act shall take effect July 1, 2010.