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         397.755Reentry 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.