Florida Senate - 2011                                     SB 304
       By Senator Bennett
       21-00487-11                                            2011304__
    1                        A bill to be entitled                      
    2         An act relating to illegal or undocumented aliens;
    3         requiring the Department of Corrections and the Parole
    4         Commission to establish agreements to implement a
    5         federal deportation program for state inmates;
    6         specifying the goals of the program; amending s.
    7         947.146, F.S., relating to the Control Release
    8         Authority; requiring the authority to implement a
    9         program to execute an immediate deportation order;
   10         authorizing the authority to extend or advance the
   11         control release date for arrangements for the transfer
   12         of custody pending deportation; creating s. 947.1461,
   13         F.S., relating to control release for removal and
   14         deportation; requiring the department to identify
   15         eligible inmates at the reception process; specifying
   16         eligibility criteria; requiring the department to
   17         coordinate with federal authorities to determine
   18         immigration status and eligibility for removal;
   19         requiring the department to identify eligible inmates
   20         who waive administrative and appellate rights and who
   21         agree to cooperate; requiring the Control Release
   22         Authority to establish control release dates;
   23         authorizing the control release dates to be set after
   24         the alien has served a minimum 50 percent of his or
   25         her court-imposed sentence; requiring the department
   26         to maintain exclusive control and responsibility for
   27         the custody and transportation of an alien until the
   28         alien is transferred to federal custody; requiring the
   29         Control Release Authority to give notice to aliens
   30         concerning reentering the United States; prohibiting
   31         aliens from benefiting from control release awards
   32         when removal is not reasonably foreseeable; requiring
   33         the department to compile and report certain
   34         statistics; providing an effective date.
   36  Be It Enacted by the Legislature of the State of Florida:
   38         Section 1. The Department of Corrections and the Parole
   39  Commission shall immediately initiate, coordinate, and establish
   40  agreements among multiple state, local, and federal authorities
   41  to implement the United States Immigration and Customs
   42  Enforcement Rapid Removal of Eligible Parolees Accepted for
   43  Transfer (REPAT) program. The goals of this effort shall be to:
   44         (1)Ensure that deportable aliens are not released from
   45  prison to the community;
   46         (2)Reduce the number of criminal aliens incarcerated in
   47  the state prison system;
   48         (3)Provide for the mandatory revocation of control release
   49  and the confinement of criminal aliens who reenter the United
   50  States;
   51         (4)Allow eligible inmates to be released for deportation
   52  purposes before the expiration of the sentence;
   53         (5)Expedite the deportation process; and
   54         (6)Improve information-sharing procedures between the
   55  Immigration and Customs Enforcement of the United States
   56  Department of Homeland Security and the Department of
   57  Corrections.
   58         Section 2. Subsections (2), (5), and (7) of section
   59  947.146, Florida Statutes, are amended to read:
   60         947.146 Control Release Authority.—
   61         (2) The authority shall implement a system for determining
   62  the number and type of inmates who must be released into the
   63  community under control release in order to maintain the state
   64  prison system between 99 and 100 percent of its total capacity
   65  as defined in s. 944.023 or in order to execute an immediate
   66  deportation order from federal immigration authorities. An No
   67  inmate does not have has a right to control release. Control
   68  release is an administrative function solely used solely to
   69  manage the state prison population within total capacity and to
   70  expedite the deportation process. An inmate may not receive an
   71  advancement of his or her control release date by an award of
   72  control release allotments for any period of time before the
   73  date the inmate becomes statutorily eligible for control release
   74  or before the subsequent date of establishment of the inmate’s
   75  advanceable control release date.
   76         (5) Whenever the inmate population drops below 99 percent
   77  of total capacity and remains below 99 percent for 90
   78  consecutive days without requiring the release of inmates under
   79  this section, all control release dates shall become void and an
   80  no inmate is not shall be eligible for release under any
   81  previously established control release date. However, control
   82  release dates for deportation purposes do not become void when
   83  the inmate population changes. An inmate does shall not have a
   84  right to a control release date, and nor shall the authority is
   85  not be required to establish or reestablish any additional
   86  control release dates except under the provisions of subsection
   87  (2).
   88         (7) The authority has the power and duty to:
   89         (a) Extend or advance the control release date of any
   90  inmate for whom a date has been established pursuant to
   91  subsection (2), based upon one or more of the following:
   92         1. Recently discovered information of:
   93         a. Past criminal conduct;
   94         b. Verified threats by inmates provided by victims, law
   95  enforcement, or the department;
   96         c. Potential risk to or vulnerability of a victim;
   97         d. Psychological or physical trauma to the victim due to
   98  the criminal offense;
   99         e. Court-ordered restitution;
  100         f. History of abuse or addiction to a chemical substance
  101  verified by a presentence or postsentence investigation report;
  102         g. The inmate’s ties to organized crime;
  103         h. A change in the inmate’s sentence structure;
  104         i. Cooperation with law enforcement;
  105         j. Strong community support; and
  106         k. A documented mental condition as a factor for future
  107  criminal behavior.
  108         2. The recommendation of the department regarding:
  109         a. A medical or mental health-related condition; or
  110         b. Institutional adjustment of the inmate, which may
  111  include refusal by the inmate to sign the agreement to the
  112  conditions of the release plan.
  113         3. Total capacity of the state prison system.
  114         4.Arrangements for the transfer of custody pending
  115  deportation.
  116         (b) Authorize an individual commissioner to postpone a
  117  control release date for not more than 60 days without a hearing
  118  for any inmate who has become the subject of a disciplinary
  119  proceeding, a criminal arrest, an information, or an indictment;
  120  who has been terminated from work release; or about whom there
  121  is any recently discovered information as specified in paragraph
  122  (a).
  123         (c) Determine the terms, conditions, and period of time of
  124  control release for persons released under pursuant to this
  125  section.
  126         (d) Determine violations of control release and what
  127  actions shall be taken with reference thereto.
  128         (e) Provide for victim input into the decisionmaking
  129  process which may be used by the authority as aggravation or
  130  mitigation in determining which persons shall be released on
  131  control release.
  132         (f) Make such investigations as may be necessary for the
  133  purposes of establishing, modifying, or revoking a control
  134  release date.
  135         (g) Contract with a public defender or private counsel for
  136  representation of indigent persons charged with violating the
  137  terms of control release.
  138         (h) Adopt such rules as the authority deems necessary to
  139  implement for implementation of the provisions of this section.
  140         Section 3. Section 947.1461, Florida Statutes, is created
  141  to read:
  142         947.1461Control release for removal and deportation only.—
  143         (1)The Department of Corrections shall begin during the
  144  inmate reception process a procedure to identify eligible aliens
  145  and determine if deportation is feasible and in the best
  146  interests of the state. Aliens who are ineligible for the
  147  federal deportation process under this section are inmates who
  148  are ineligible for control release under s. 947.146(3)(a)-(m).
  149         (2)The department shall coordinate with federal
  150  authorities to determine an inmate’s immigration status and
  151  eligibility for removal and to obtain the final removal order.
  152         (3)The department shall identify aliens for removal who
  153  have voluntarily waived all administrative and judicial
  154  appellate rights in writing and who have agreed in writing to
  155  fully cooperate with federal authorities to obtain valid travel
  156  documentation and facilitate removal.
  157         (4)Upon acceptance into the federal deportation program,
  158  the Control Release Authority shall establish a control release
  159  date for the alien to be transferred into federal custody.
  160  Notwithstanding s. 944.275(4)(b)3., the Control Release
  161  Authority may establish a control release date after the alien
  162  has served a minimum of 50 percent of his or her court-imposed
  163  sentence.
  164         (5)The department shall maintain exclusive control and
  165  responsibility for the custody and transportation of an alien
  166  who is accepted into the federal deportation program until the
  167  alien is physically transferred to federal custody.
  168         (6)The Control Release Authority shall provide notice and
  169  obtain acknowledgement in writing that notice was given to each
  170  alien who is eligible for deportation that reentry into the
  171  United States requires the return of the alien to the custody of
  172  the department in order to complete the remainder of his or her
  173  court-imposed sentence. The alien must also waive in writing all
  174  rights of extradition which would challenge the alien’s return
  175  to the department and Control Release Authority in order to
  176  complete the remainder of his or her sentence.
  177         (7)An alien may not under any circumstances receive the
  178  benefits of control release awards if the federal authorities
  179  determine that the alien’s removal is not reasonably
  180  foreseeable.
  181         (8)The department shall compile statistics on this
  182  program, including the number of aliens who are transferred to
  183  federal custody, the number of aliens who are actually removed
  184  from the United States, the number of aliens who reenter the
  185  United States, and the annualized cost-avoidance achieved.
  186         Section 4. This act shall take effect July 1, 2011.