Florida Senate - 2011                             CS for SB 1390
       By the Committee on Budget Subcommittee on Criminal and Civil
       Justice Appropriations; and Senators Dockery and Joyner
       604-04496-11                                          20111390c1
    1                        A bill to be entitled                      
    2         An act relating to supervised reentry programs for
    3         inmates; amending s. 945.091, F.S.; providing
    4         legislative intent to encourage the Department of
    5         Corrections, to the extent possible, to place inmates
    6         in the community to perform paid employment for
    7         community work; providing that an inmate may leave the
    8         confinement of prison to participate in a supervised
    9         reentry program in which the inmate is housed in the
   10         community while working at paid employment or
   11         participating in other programs that are approved by
   12         the department; requiring the inmate to live at a
   13         department-approved residence while participating in
   14         the supervised reentry program; specifying the
   15         conditions for participating in the supervised reentry
   16         program; requiring that the department adopt rules to
   17         operate the supervised reentry program; providing an
   18         effective date.
   20  Be It Enacted by the Legislature of the State of Florida:
   22         Section 1. Section 945.091, Florida Statutes, is amended to
   23  read:
   24         945.091 Extension of the limits of confinement; supervised
   25  reentry; restitution by employed inmates.—
   26         (1) The department may adopt rules permitting the extension
   27  of the limits of the place of confinement of an inmate as to
   28  whom there is reasonable cause to believe that the inmate will
   29  honor his or her trust by authorizing the inmate, under
   30  prescribed conditions and following investigation, risk
   31  assessment, and approval by the secretary, or the secretary’s
   32  designee, who shall maintain a written record of such action, to
   33  leave the confines of that place unaccompanied by a custodial
   34  agent for a prescribed period of time to:
   35         (a) Visit, for a specified period, a specifically
   36  designated place or places:
   37         1. For the purpose of visiting a dying relative, attending
   38  the funeral of a relative, or arranging for employment or for a
   39  suitable residence for use when released;
   40         2. To otherwise aid in the rehabilitation of the inmate and
   41  his or her successful transition into the community; or
   42         3. For another compelling reason consistent with the public
   43  interest,
   45  and return to the same or another institution or facility
   46  designated by the department Department of Corrections.
   47         (b) Work at paid employment, participate in an education or
   48  a training program, or voluntarily serve a public or nonprofit
   49  agency or faith-based service group in the community, while
   50  continuing as an inmate of the institution or facility in which
   51  the inmate is confined, except during the hours of his or her
   52  employment, education, training, or service and traveling
   53  thereto and therefrom. An inmate may travel to and from his or
   54  her place of employment, education, or training only by means of
   55  walking, bicycling, or using public transportation or
   56  transportation that is provided by a family member or employer.
   57  Contingent upon specific appropriations, the department may
   58  transport an inmate in a state-owned vehicle if the inmate is
   59  unable to obtain other means of travel to his or her place of
   60  employment, education, or training.
   61         1. An inmate may participate in paid employment only during
   62  the last 36 months of his or her confinement, unless sooner
   63  requested by the Parole Commission or the Control Release
   64  Authority. To the extent possible, the department shall place
   65  inmates in the community to perform paid employment.
   66         2. While working at paid employment and residing in the
   67  facility, an inmate may apply for placement at a contracted
   68  substance abuse transition housing program. The transition
   69  assistance specialist shall inform the inmate of program
   70  availability and assess the inmate’s need and suitability for
   71  transition housing assistance. If an inmate is approved for
   72  placement, the specialist shall assist the inmate. If an inmate
   73  requests and is approved for placement in a contracted faith
   74  based substance abuse transition housing program, the specialist
   75  must consult with the chaplain before prior to such placement.
   76  The department shall ensure that an inmate’s faith orientation,
   77  or lack thereof, will not be considered in determining admission
   78  to a faith-based program and that the program does not attempt
   79  to convert an inmate toward a particular faith or religious
   80  preference.
   81         (c) Participate in a residential or nonresidential
   82  rehabilitative program operated by a public or private nonprofit
   83  agency, including faith-based service groups, with which the
   84  department has contracted for the treatment of the such inmate.
   85  Sections The provisions of ss. 216.311 and 287.057 shall apply
   86  to all contracts between the department and any private entity
   87  providing such services. The department shall require the such
   88  agency to provide appropriate supervision of inmates
   89  participating in the such program. The department is authorized
   90  to terminate any inmate’s participation in the program if the
   91  such inmate fails to demonstrate satisfactory progress in the
   92  program as established by departmental rules.
   93         (d) Participate in a supervised reentry program in which
   94  the inmate is housed in the community while working at paid
   95  employment or participating in other programs that are approved
   96  by the department. The inmate shall reside at a department
   97  approved residence while retaining status as an inmate in the
   98  supervised reentry program.
   99         1. An inmate may participate in the supervised reentry
  100  program only during the last 14 months of his or her
  101  confinement.
  102         2. Supervised reentry program participants must comply with
  103  reporting, drug testing, and other requirements established by
  104  the department.
  105         3.An inmate in the supervised reentry program may travel
  106  to and from his or her department-approved activities only by
  107  means of transportation approved by the department.
  108         4.The inmate must pay the department for the cost of his
  109  or her supervision in accordance with rules set forth by the
  110  department. The inmate shall also pay the cost of any treatment
  111  program in which he or she is participating.
  112         5.An inmate participating in the supervised reentry
  113  program may not be included in the bed count for purposes of
  114  determining total capacity as defined in s. 944.023(1).
  115         6.The department shall adopt rules for the operation of
  116  the supervised reentry program.
  117         (2) Each inmate who demonstrates college-level aptitudes by
  118  satisfactory evidence of successful completion of college-level
  119  academic coursework may be provided the opportunity to
  120  participate in college-level academic programs that which may be
  121  offered at community colleges or universities. The inmate is
  122  personally responsible for the payment of all student fees
  123  incurred.
  124         (3) The department may adopt regulations as to the
  125  eligibility of inmates for the extension of confinement, the
  126  disbursement of any earnings of these inmates, or the entering
  127  into of agreements between itself and any city or county or
  128  federal agency for the housing of these inmates in a local place
  129  of confinement. However, a no person convicted of sexual battery
  130  pursuant to s. 794.011 is not eligible for any extension of the
  131  limits of confinement under this section.
  132         (4) The willful failure of an inmate to remain within the
  133  extended limits of his or her confinement or to return within
  134  the time prescribed to the place of confinement designated by
  135  the department is shall be deemed as an escape from the custody
  136  of the department and is shall be punishable as prescribed by
  137  law.
  138         (5) The provisions of This section does shall not be deemed
  139  to authorize any inmate who has been convicted of any murder,
  140  manslaughter, sexual battery, robbery, arson, aggravated
  141  assault, aggravated battery, kidnapping, escape, breaking and
  142  entering with intent to commit a felony, or aircraft piracy, or
  143  any attempt to commit the aforementioned crimes, to attend any
  144  classes at any state community college or any university that
  145  which is a part of the State University System.
  146         (6)(a) The department shall require inmates working at paid
  147  employment as provided in paragraph (1)(b) or paragraph (1)(d)
  148  to use a portion of the employment proceeds to provide
  149  restitution to the aggrieved party for the damage or loss caused
  150  by the offense of the inmate, in an amount to be determined by
  151  the department, unless the department finds clear and compelling
  152  reasons not to order such restitution. If restitution or partial
  153  restitution is not ordered, the department shall state on the
  154  record in detail the reasons therefor.
  155         (b) An offender who is required to provide restitution or
  156  reparation may petition the circuit court to amend the amount of
  157  restitution or reparation required or to revise the schedule of
  158  repayment established by the department or the Parole
  159  Commission.
  160         (7) The department shall document and account for all forms
  161  for disciplinary reports for inmates placed on extended limits
  162  of confinement, which shall include, but are not be limited to,
  163  all violations of rules of conduct, the rule or rules violated,
  164  the nature of punishment administered, the authority ordering
  165  such punishment, and the duration of time during which the
  166  inmate was subjected to confinement.
  167         (8)(a) The department may is authorized to levy fines only
  168  through disciplinary reports and only against inmates placed on
  169  extended limits of confinement. Major and minor infractions and
  170  their respective punishments for inmates placed on extended
  171  limits of confinement shall be defined by the rules of the
  172  department, provided that a any fine may shall not exceed $50
  173  for each infraction deemed to be minor and $100 for each
  174  infraction deemed to be major. Such fines shall be deposited in
  175  the General Revenue Fund, and a receipt shall be given to the
  176  inmate.
  177         (b) When the chief correctional officer determines that a
  178  fine would be an appropriate punishment for a violation of the
  179  rules of the department, both the determination of guilt and the
  180  amount of the fine shall be determined by the disciplinary
  181  committee pursuant to the method prescribed in s. 944.28(2)(c).
  182         (c) The department shall adopt develop rules defining the
  183  policies and procedures for the administering of such fines.
  184         Section 2. This act shall take effect July 1, 2011.