CS/HB 917

1
A bill to be entitled
2An act relating to the sentencing of inmates; defining the
3terms "department" and "nonviolent offender"; directing
4the Department of Corrections to develop and administer a
5reentry program for nonviolent offenders which is intended
6to divert nonviolent offenders from long periods of
7incarceration; requiring that the program include
8intensive substance abuse treatment and rehabilitative
9programming; providing for the minimum length of service
10in the program; providing that any portion of a sentence
11before placement in the program does not count as progress
12toward program completion; specifying eligibility criteria
13for a nonviolent offender to be placed into the reentry
14program; directing the department to notify the nonviolent
15offender's sentencing court to obtain approval before the
16nonviolent offender is placed into the reentry program;
17requiring the department to notify the state attorney;
18authorizing the state attorney to file objections to
19placing the offender into the reentry program within a
20specified period; requiring the sentencing court to notify
21the department of the court's decision to approve or
22disapprove the requested placement within a specified
23period; providing that failure of the court to timely
24notify the department of the court's decision constitutes
25approval by the requested placement; requiring the
26nonviolent offender to undergo an education assessment and
27a full substance abuse assessment if admitted into the
28reentry program; requiring the offender to be enrolled in
29an adult education program in specified circumstances;
30requiring that assessments of vocational skills and future
31career education be provided to the offender; requiring
32that certain reevaluation be made periodically; providing
33that the nonviolent offender is subject to the
34disciplinary rules of the department; specifying the
35reasons for which the offender may be terminated from the
36reentry program; requiring that the department submit a
37report to the sentencing court at least 30 days before the
38nonviolent offender is scheduled to complete the reentry
39program; setting forth the issues to be addressed in the
40report; requiring the sentencing court to issue an order
41modifying the sentence imposed and place the nonviolent
42offender on drug offender probation if the nonviolent
43offender's performance is satisfactory; authorizing the
44court to revoke probation and impose the original sentence
45in specified circumstances; authorizing the court to
46require the offender to complete a postadjudicatory drug
47court program in specified circumstances; directing the
48department to implement the reentry program using
49available resources; requiring the department to submit an
50annual report to the Governor and Legislature detailing
51the extent of implementation of the reentry program and
52outlining future goals and recommendations; authorizing
53the department to enter into contracts with qualified
54individuals, agencies, or corporations for services for
55the reentry program; authorizing the department to impose
56administrative or protective confinement as necessary;
57authorizing the department to establish a system of
58incentives within the reentry program which the department
59may use to promote participation in rehabilitative
60programs and the orderly operation of institutions and
61facilities; directing the department to develop a system
62for tracking recidivism, including, but not limited to,
63rearrests and recommitment of nonviolent offenders who
64successfully complete the reentry program, and to report
65on recidivism in its annual report of the program;
66directing the department to adopt rules; providing an
67effective date.
68
69Be It Enacted by the Legislature of the State of Florida:
70
71     Section 1.  Nonviolent offender reentry program.-
72     (1)  As used in this section, the term:
73     (a)  "Department" means the Department of Corrections.
74     (b)  "Nonviolent offender" means an offender who has:
75     1.  Been convicted of a third-degree felony offense that is
76not a forcible felony as defined in s. 776.08, Florida Statutes;
77and
78     2.  Not been convicted of any offense that requires a
79person to register as a sexual offender pursuant to s. 943.0435,
80Florida Statutes.
81     (2)(a)  The department shall develop and administer a
82reentry program for nonviolent offenders. The reentry program
83must include prison-based substance abuse treatment, general
84education development and adult basic education courses,
85vocational training, training in decisionmaking and personal
86development, and other rehabilitation programs.
87     (b)  The reentry program is intended to divert nonviolent
88offenders from long periods of incarceration when a reduced
89period of incarceration followed by participation in intensive
90substance abuse treatment and rehabilitative programming could
91produce the same deterrent effect, rehabilitate the offender,
92and reduce recidivism.
93     (c)  The nonviolent offender shall serve at least 120 days
94in the reentry program. The offender may not count any portion
95of his or her sentence served before placement in the reentry
96program as progress toward program completion.
97     (d)  A reentry program may be operated in a secure area in
98or adjacent to an adult institution.
99     (3)(a)  Upon receiving a potential reentry program
100participant, the department shall screen the nonviolent offender
101for eligibility criteria to participate in the reentry program.
102In order to participate, a nonviolent offender must have served
103at least one-half of his or her original sentence and must have
104been identified as having a need for substance abuse treatment.
105When screening a nonviolent offender, the department shall
106consider the offender's criminal history and the possible
107rehabilitative benefits that substance abuse treatment,
108educational programming, vocational training, and other
109rehabilitative programming might have on the offender.
110     (b)1.  If a nonviolent offender meets the eligibility
111criteria and space is available in the reentry program, the
112department shall request the sentencing court to approve the
113offender's participation in the reentry program.
114     2.  This section does not create or confer any right to any
115nonviolent offender to placement in the reentry program or any
116right to placement or early release under supervision of any
117type. A nonviolent offender has no cause of action against the
118department, a court, or the state attorney related to the
119reentry program.
120     (c)1.  The department shall notify the state attorney that
121the offender is being considered for placement in the reentry
122program. The notice must explain to the state attorney that a
123proposed reduced period of incarceration, followed by
124participation in substance abuse treatment and other
125rehabilitative programming, could produce the same deterrent
126effect otherwise expected from a lengthy incarceration.
127     2.  The notice must also state that the state attorney may
128notify the sentencing court in writing of any objection the
129state attorney might have if the nonviolent offender is placed
130in the reentry program. The state attorney must notify the
131sentencing court of his or her objections within 14 days after
132receiving the notice.
133     (d)  The sentencing court shall notify the department in
134writing of the court's decision to approve or disapprove the
135requested placement of the nonviolent offender no later than 28
136days after the court receives the department's request to place
137the offender in the reentry program. Failure to notify the
138department of the court's decision within the 28-day period
139constitutes approval to place the offender into the reentry
140program.
141     (4)  After the nonviolent offender is admitted into the
142reentry program, he or she shall undergo a full substance abuse
143assessment to determine his or her substance abuse treatment
144needs. The offender shall also have an educational assessment,
145which shall be accomplished using the Test of Adult Basic
146Education or any other testing instrument approved by the
147Department of Education. Each offender who has not obtained a
148high school diploma shall be enrolled in an adult education
149program designed to aid the offender in improving his or her
150academic skills and earn a high school diploma. Further
151assessments of the offender's vocational skills and future
152career education shall be provided to the offender as needed. A
153periodic reevaluation shall be made in order to assess the
154progress of each offender.
155     (5)(a)  If a nonviolent offender in the reentry program
156becomes unmanageable, the department may revoke the offender's
157gain-time and place the offender in disciplinary confinement in
158accordance with department rule. Except as provided in paragraph
159(b), the offender shall be readmitted to the reentry program
160after completing the ordered discipline. Any period of time
161during which the offender is unable to participate in the
162reentry program shall be excluded from the specified time
163requirements in the reentry program.
164     (b)  The department may terminate an offender from the
165reentry program if:
166     1.  The offender commits or threatens to commit a violent
167act;
168     2.  The department determines that the offender is unable
169to participate in the reentry program due to the offender's
170medical condition;
171     3.  The offender's sentence is modified or expires;
172     4.  The department reassigns the offender's classification
173status; or
174     5.  The department determines that removing the offender
175from the reentry program is in the best interest of the offender
176or the security of the institution.
177     (6)(a)  The department shall submit a report to the court
178at least 30 days before the nonviolent offender is scheduled to
179complete the reentry program. The report must describe the
180offender's performance in the reentry program. If the
181performance is satisfactory, the court shall issue an order
182modifying the sentence imposed and place the offender on drug
183offender probation subject to the offender's successful
184completion of the remainder of the reentry program. The term of
185drug offender probation may include placement in a community
186residential or nonresidential substance abuse treatment facility
187under the jurisdiction of the department or the Department of
188Children and Family Services or any public or private entity
189providing such services. If the nonviolent offender violates the
190conditions of drug offender probation, the court may revoke
191probation and impose any sentence that it might have originally
192imposed.
193     (b)  If an offender being released pursuant to paragraph
194(a) intends to reside in a county that has established a
195postadjudicatory drug court program as described in s. 397.334,
196Florida Statutes, the sentencing court may require the offender
197to successfully complete the postadjudicatory drug court program
198as a condition of drug offender probation. The original
199sentencing court shall relinquish jurisdiction of the offender's
200case to the postadjudicatory drug court program until the
201offender is no longer active in the program, the case is
202returned to the sentencing court due to the offender's
203termination from the program for failure to comply with the
204terms thereof, or the offender's sentence is completed. If
205transferred to a postadjudicatory drug court program, the
206offender shall comply with all conditions and orders of the
207program.
208     (7)  The department shall implement the reentry program to
209the fullest extent feasible within available resources.
210     (8)  The department shall submit an annual report to the
211Governor, the President of the Senate, and the Speaker of the
212House of Representatives detailing the extent of implementation
213of the reentry program and outlining future goals and any
214recommendation the department has for future legislative action.
215     (9)  The department may enter into performance-based
216contracts with qualified individuals, agencies, or corporations
217for the provision of any or all of the services for the reentry
218program.
219     (10)  A nonviolent offender in the reentry program is
220subject to rules of conduct established by the department and
221may have sanctions imposed, including loss of privileges,
222restrictions, disciplinary confinement, alteration of release
223plans, or other program modifications in keeping with the nature
224and gravity of the program violation. Administrative or
225protective confinement, as necessary, may be imposed.
226     (11)  The department may establish a system of incentives
227within the reentry program which the department may use to
228promote participation in rehabilitative programs and the orderly
229operation of institutions and facilities.
230     (12)  The department shall develop a system for tracking
231recidivism, including, but not limited to, rearrests and
232recommitment of nonviolent offenders who successfully complete
233the reentry program, and shall report the recidivism rate in its
234annual report of the program.
235     (13)  The department shall adopt rules pursuant to ss.
236120.536(1) and 120.54, Florida Statutes, to administer the
237reentry program.
238     Section 2.  This act shall take effect October 1, 2011.


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