| 1 | A bill to be entitled |
| 2 | An act relating to corrections; providing short titles; |
| 3 | providing an alternative adjudication for alleged adult |
| 4 | nonviolent offenders meeting specified requirements; |
| 5 | providing requirements for alternative adjudication |
| 6 | programs; providing for removal from alternative |
| 7 | adjudication; providing requirements for phase one of the |
| 8 | program; providing for an offender receiving a high school |
| 9 | diploma; requiring successful completion of a basic |
| 10 | training course; providing for phase two of the program; |
| 11 | providing for job skills training; providing for phase |
| 12 | three of the program; providing for earning money for |
| 13 | victim restitution; providing requirements for restitution |
| 14 | payments; providing for employment placement; providing |
| 15 | for release and withholding of adjudication; providing an |
| 16 | effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. This act may be cited as the "Prison Reform and |
| 21 | Recidivism Reduction Act" or as the "Don't Come Back Act." |
| 22 | Section 2. Adult nonviolent alternative adjudication.- |
| 23 | (1)(a) REQUIREMENTS.-An alleged adult offender charged |
| 24 | with a felony, other than a felony offense listed in s. |
| 25 | 775.084(1)(b), (c), or (d), Florida Statutes, may request |
| 26 | alternative adjudication under this section if the offender has |
| 27 | not made a plea bargain in the case and has never received an |
| 28 | alternative adjudication under this section. |
| 29 | (b) The alternative adjudication program under this |
| 30 | section must be completed prior to the offender's release. All |
| 31 | phases of the program must be conducted in single-sex |
| 32 | facilities. |
| 33 | (c) If the alleged offender commits any offense during any |
| 34 | phase of alternative adjudication, he or she shall automatically |
| 35 | be removed from the alternative adjudication program, shall |
| 36 | proceed to adjudication for the original alleged offense, in |
| 37 | addition to any offense committed during alternative |
| 38 | adjudication, and, upon conviction, be sentenced accordingly. |
| 39 | (2) PHASE 1-BASIC TRAINING SCHOOL.-This phase of the |
| 40 | program must occur in a correctional facility that is configured |
| 41 | as a dedicated school for education and basic training with |
| 42 | dormitory facilities. |
| 43 | (a) The offender must successfully complete high school |
| 44 | course work that has rigor and testing equivalent to that |
| 45 | necessary for a high school diploma. |
| 46 | (b) The offender must successfully complete a basic |
| 47 | training course for behavioral self-discipline, development of |
| 48 | faith, personal hygiene, dress, and other basic life-training |
| 49 | skills. |
| 50 | (c) Upon completion, the graduate shall receive a high |
| 51 | school diploma and basic training certificate and may apply to |
| 52 | enter phase 2. |
| 53 | (3) PHASE 2-ADVANCED TRAINING CURRICULUM.-This phase of |
| 54 | the program must occur in a correctional facility that is |
| 55 | configured as an advanced training campus for specifically |
| 56 | needed job skills, so that each separate advanced training |
| 57 | campus is developed around specifically-related job skill |
| 58 | disciplines. Job skill disciplines may include, but are not |
| 59 | limited to, technical training, science and industry, medical |
| 60 | and health care, aircraft and yacht construction and |
| 61 | maintenance, railroading, and agriculture. Upon completion of |
| 62 | this phase, each graduate shall receive job skill certification |
| 63 | and may apply to enter phase 3. |
| 64 | (4) PHASE 3-ECONOMIC INCUBATION; ANTI-RECIDIVISM AND |
| 65 | RELEASE.- |
| 66 | (a) During this phase, those who have completed the first |
| 67 | two phases shall begin to earn money for restitution to victims. |
| 68 | Completed work shall be marketed and value assigned and |
| 69 | disbursed to victims who have suffered monetary loss due to the |
| 70 | offender. |
| 71 | (b) The offender shall be required to accurately account |
| 72 | for the value of money earned and disbursed, which must include |
| 73 | computer spreadsheet preparation, earnings disbursement, account |
| 74 | balancing, and income tax preparation. |
| 75 | (c) A offender may not use his or her own money or that of |
| 76 | others to pay restitution. |
| 77 | (d) In order to complete this phase and initiate release, |
| 78 | the offender must pay restitution pursuant to s. 775.089, |
| 79 | Florida Statutes, for monetary loss only, not including damages. |
| 80 | (e) During this phase, the program shall initiate and |
| 81 | secure employment placement on behalf of the offender in |
| 82 | anticipation of his or her upcoming release. |
| 83 | (f) Upon completion of this phase, the offender shall be |
| 84 | released to begin employment with adjudication withheld. |
| 85 | Section 3. This act shall take effect July 1, 2011. |