HB 1123

1
A bill to be entitled
2An act relating to corrections; providing short titles;
3providing an alternative adjudication for alleged adult
4nonviolent offenders meeting specified requirements;
5providing requirements for alternative adjudication
6programs; providing for removal from alternative
7adjudication; providing requirements for phase one of the
8program; providing for an offender receiving a high school
9diploma; requiring successful completion of a basic
10training course; providing for phase two of the program;
11providing for job skills training; providing for phase
12three of the program; providing for earning money for
13victim restitution; providing requirements for restitution
14payments; providing for employment placement; providing
15for release and withholding of adjudication; providing an
16effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  This act may be cited as the "Prison Reform and
21Recidivism 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
24with a felony, other than a felony offense listed in s.
25775.084(1)(b), (c), or (d), Florida Statutes, may request
26alternative adjudication under this section if the offender has
27not made a plea bargain in the case and has never received an
28alternative adjudication under this section.
29     (b)  The alternative adjudication program under this
30section must be completed prior to the offender's release. All
31phases of the program must be conducted in single-sex
32facilities.
33     (c)  If the alleged offender commits any offense during any
34phase of alternative adjudication, he or she shall automatically
35be removed from the alternative adjudication program, shall
36proceed to adjudication for the original alleged offense, in
37addition to any offense committed during alternative
38adjudication, and, upon conviction, be sentenced accordingly.
39     (2)  PHASE 1-BASIC TRAINING SCHOOL.-This phase of the
40program must occur in a correctional facility that is configured
41as a dedicated school for education and basic training with
42dormitory facilities.
43     (a)  The offender must successfully complete high school
44course work that has rigor and testing equivalent to that
45necessary for a high school diploma.
46     (b)  The offender must successfully complete a basic
47training course for behavioral self-discipline, development of
48faith, personal hygiene, dress, and other basic life-training
49skills.
50     (c)  Upon completion, the graduate shall receive a high
51school diploma and basic training certificate and may apply to
52enter phase 2.
53     (3)  PHASE 2-ADVANCED TRAINING CURRICULUM.-This phase of
54the program must occur in a correctional facility that is
55configured as an advanced training campus for specifically
56needed job skills, so that each separate advanced training
57campus is developed around specifically-related job skill
58disciplines. Job skill disciplines may include, but are not
59limited to, technical training, science and industry, medical
60and health care, aircraft and yacht construction and
61maintenance, railroading, and agriculture. Upon completion of
62this phase, each graduate shall receive job skill certification
63and may apply to enter phase 3.
64     (4)  PHASE 3-ECONOMIC INCUBATION; ANTI-RECIDIVISM AND
65RELEASE.-
66     (a)  During this phase, those who have completed the first
67two phases shall begin to earn money for restitution to victims.
68Completed work shall be marketed and value assigned and
69disbursed to victims who have suffered monetary loss due to the
70offender.
71     (b)  The offender shall be required to accurately account
72for the value of money earned and disbursed, which must include
73computer spreadsheet preparation, earnings disbursement, account
74balancing, and income tax preparation.
75     (c)  A offender may not use his or her own money or that of
76others to pay restitution.
77     (d)  In order to complete this phase and initiate release,
78the offender must pay restitution pursuant to s. 775.089,
79Florida Statutes, for monetary loss only, not including damages.
80     (e)  During this phase, the program shall initiate and
81secure employment placement on behalf of the offender in
82anticipation of his or her upcoming release.
83     (f)  Upon completion of this phase, the offender shall be
84released to begin employment with adjudication withheld.
85     Section 3.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.