| 1 | A bill to be entitled | 
| 2 | An act relating to inmate reentry; defining the terms | 
| 3 | "department" and "nonviolent offender"; directing the | 
| 4 | Department of Corrections to develop and administer a | 
| 5 | reentry program for nonviolent offenders which is | 
| 6 | intended to divert nonviolent offenders from long | 
| 7 | periods of incarceration; requiring that the program | 
| 8 | include intensive substance abuse treatment and | 
| 9 | rehabilitative programming; providing for the minimum | 
| 10 | length of service in the program; providing that any | 
| 11 | portion of a sentence before placement in the program | 
| 12 | does not count as progress toward program completion; | 
| 13 | specifying eligibility criteria for a nonviolent | 
| 14 | offender to be placed into the reentry program; | 
| 15 | directing the department to notify the nonviolent | 
| 16 | offender's sentencing court to obtain approval before | 
| 17 | the nonviolent offender is placed into the reentry | 
| 18 | program; requiring the department to notify the state | 
| 19 | attorney; authorizing the state attorney to file | 
| 20 | objections to placing the offender into the reentry | 
| 21 | program within a specified period; requiring the | 
| 22 | sentencing court to notify the department of the | 
| 23 | court's decision to approve or disapprove the | 
| 24 | requested placement within a specified period; | 
| 25 | providing that failure of the court to timely notify | 
| 26 | the department of the court's decision constitutes | 
| 27 | approval by the requested placement; requiring the | 
| 28 | nonviolent offender to undergo an education assessment | 
| 29 | and a full substance abuse assessment if admitted into | 
| 30 | the reentry program; requiring the offender to be | 
| 31 | enrolled in an adult education program in specified | 
| 32 | circumstances; requiring that assessments of | 
| 33 | vocational skills and future career education be | 
| 34 | provided to the offender; requiring that certain | 
| 35 | reevaluation be made periodically; providing that the | 
| 36 | nonviolent offender is subject to the disciplinary | 
| 37 | rules of the department; specifying the reasons for | 
| 38 | which the offender may be terminated from the reentry | 
| 39 | program; requiring that the department submit a report | 
| 40 | to the sentencing court at least 30 days before the | 
| 41 | nonviolent offender is scheduled to complete the | 
| 42 | reentry program; setting forth the issues to be | 
| 43 | addressed in the report; requiring the sentencing | 
| 44 | court to issue an order modifying the sentence imposed | 
| 45 | and place the nonviolent offender on drug offender | 
| 46 | probation if the nonviolent offender's performance is | 
| 47 | satisfactory; authorizing the court to revoke | 
| 48 | probation and impose the original sentence in | 
| 49 | specified circumstances; authorizing the court to | 
| 50 | require the offender to complete a postadjudicatory | 
| 51 | drug court program in specified circumstances; | 
| 52 | directing the department to implement the reentry | 
| 53 | program using available resources; requiring the | 
| 54 | department to submit an annual report to the Governor | 
| 55 | and Legislature detailing the extent of implementation | 
| 56 | of the reentry program and outlining future goals and | 
| 57 | recommendations; authorizing the department to enter | 
| 58 | into contracts with qualified individuals, agencies, | 
| 59 | or corporations for services for the reentry program; | 
| 60 | authorizing the department to impose administrative or | 
| 61 | protective confinement as necessary; authorizing the | 
| 62 | department to establish a system of incentives within | 
| 63 | the reentry program which the department may use to | 
| 64 | promote participation in rehabilitative programs and | 
| 65 | the orderly operation of institutions and facilities; | 
| 66 | providing that the section does not create a right to | 
| 67 | placement in the reentry program or any right to | 
| 68 | placement or early release under supervision of any | 
| 69 | type; providing that the section does not create a | 
| 70 | cause of action related to the program; directing the | 
| 71 | department to develop a system for tracking | 
| 72 | recidivism, including, but not limited to, rearrests | 
| 73 | and recommitment of nonviolent offenders who | 
| 74 | successfully complete the reentry program, and to | 
| 75 | report on recidivism in its annual report of the | 
| 76 | program; directing the department to adopt rules; | 
| 77 | providing an effective date. | 
| 78 | 
 | 
| 79 | Be It Enacted by the Legislature of the State of Florida: | 
| 80 | 
 | 
| 81 | Section 1.  Nonviolent offender reentry program.- | 
| 82 | (1)  As used in this section, the term: | 
| 83 | (a)  "Department" means the Department of Corrections. | 
| 84 | (b)  "Nonviolent offender" means an offender who has: | 
| 85 | 1.  Been convicted of a third-degree felony offense that is | 
| 86 | not a forcible felony as defined in s. 776.08, Florida Statutes; | 
| 87 | and | 
| 88 | 2.  Not been convicted of any offense that requires a | 
| 89 | person to register as a sexual offender pursuant to s. 943.0435, | 
| 90 | Florida Statutes. | 
| 91 | (2)(a)  The department shall develop and administer a | 
| 92 | reentry program for nonviolent offenders. The reentry program | 
| 93 | must include prison-based substance abuse treatment, general | 
| 94 | education development and adult basic education courses, | 
| 95 | vocational training, training in decisionmaking and personal | 
| 96 | development, and other rehabilitation programs. | 
| 97 | (b)  The reentry program is intended to divert nonviolent | 
| 98 | offenders from long periods of incarceration when a reduced | 
| 99 | period of incarceration followed by participation in intensive | 
| 100 | substance abuse treatment and rehabilitative programming could | 
| 101 | produce the same deterrent effect, rehabilitate the offender, | 
| 102 | and reduce recidivism. | 
| 103 | (c)  The nonviolent offender shall serve at least 120 days | 
| 104 | in the reentry program. The offender may not count any portion | 
| 105 | of his or her sentence served before placement in the reentry | 
| 106 | program as progress toward program completion. | 
| 107 | (d)  A reentry program may be operated in a secure area in | 
| 108 | or adjacent to an adult institution. | 
| 109 | (3)(a)  Upon receiving a potential reentry program | 
| 110 | participant, the department shall screen the nonviolent offender | 
| 111 | for eligibility criteria to participate in the reentry program. | 
| 112 | In order to participate, a nonviolent offender must have served | 
| 113 | at least one-half of his or her original sentence and must have | 
| 114 | been identified as having a need for substance abuse treatment. | 
| 115 | When screening a nonviolent offender, the department shall | 
| 116 | consider the offender's criminal history and the possible | 
| 117 | rehabilitative benefits that substance abuse treatment, | 
| 118 | educational programming, vocational training, and other | 
| 119 | rehabilitative programming might have on the offender. | 
| 120 | (b)  If a nonviolent offender meets the eligibility | 
| 121 | criteria and space is available in the reentry program, the | 
| 122 | department shall request the sentencing court to approve the | 
| 123 | offender's participation in the reentry program. | 
| 124 | (c)1.  The department shall notify the state attorney that | 
| 125 | the offender is being considered for placement in the reentry | 
| 126 | program. The notice must explain to the state attorney that a | 
| 127 | proposed reduced period of incarceration, followed by | 
| 128 | participation in substance abuse treatment and other | 
| 129 | rehabilitative programming, could produce the same deterrent | 
| 130 | effect otherwise expected from a lengthy incarceration. | 
| 131 | 2.  The notice must also state that the state attorney may | 
| 132 | notify the sentencing court in writing of any objection the | 
| 133 | state attorney might have if the nonviolent offender is placed | 
| 134 | in the reentry program. The state attorney must notify the | 
| 135 | sentencing court of his or her objections within 14 days after | 
| 136 | receiving the notice. | 
| 137 | (d)  The sentencing court shall notify the department in | 
| 138 | writing of the court's decision to approve or disapprove the | 
| 139 | requested placement of the nonviolent offender no later than 28 | 
| 140 | days after the court receives the department's request to place | 
| 141 | the offender in the reentry program. Failure to notify the | 
| 142 | department of the court's decision within the 28-day period | 
| 143 | constitutes approval to place the offender into the reentry | 
| 144 | program. | 
| 145 | (4)  After the nonviolent offender is admitted into the | 
| 146 | reentry program, he or she shall undergo a full substance abuse | 
| 147 | assessment to determine his or her substance abuse treatment | 
| 148 | needs. The offender shall also have an educational assessment, | 
| 149 | which shall be accomplished using the Test of Adult Basic | 
| 150 | Education or any other testing instrument approved by the | 
| 151 | Department of Education. Each offender who has not obtained a | 
| 152 | high school diploma shall be enrolled in an adult education | 
| 153 | program designed to aid the offender in improving his or her | 
| 154 | academic skills and earn a high school diploma. Further | 
| 155 | assessments of the offender's vocational skills and future | 
| 156 | career education shall be provided to the offender as needed. A | 
| 157 | periodic reevaluation shall be made in order to assess the | 
| 158 | progress of each offender. | 
| 159 | (5)(a)  If a nonviolent offender in the reentry program | 
| 160 | becomes unmanageable, the department may revoke the offender's | 
| 161 | gain-time and place the offender in disciplinary confinement in | 
| 162 | accordance with department rule. Except as provided in paragraph | 
| 163 | (b), the offender shall be readmitted to the reentry program | 
| 164 | after completing the ordered discipline. Any period of time | 
| 165 | during which the offender is unable to participate in the | 
| 166 | reentry program shall be excluded from the specified time | 
| 167 | requirements in the reentry program. | 
| 168 | (b)  The department may terminate an offender from the | 
| 169 | reentry program if: | 
| 170 | 1.  The offender commits or threatens to commit a violent | 
| 171 | act; | 
| 172 | 2.  The department determines that the offender is unable | 
| 173 | to participate in the reentry program due to the offender's | 
| 174 | medical condition; | 
| 175 | 3.  The offender's sentence is modified or expires; | 
| 176 | 4.  The department reassigns the offender's classification | 
| 177 | status; or | 
| 178 | 5.  The department determines that removing the offender | 
| 179 | from the reentry program is in the best interest of the offender | 
| 180 | or the security of the institution. | 
| 181 | (6)(a)  The department shall submit a report to the court | 
| 182 | at least 30 days before the nonviolent offender is scheduled to | 
| 183 | complete the reentry program. The report must describe the | 
| 184 | offender's performance in the reentry program. If the | 
| 185 | performance is satisfactory, the court shall issue an order | 
| 186 | modifying the sentence imposed and place the offender on drug | 
| 187 | offender probation subject to the offender's successful | 
| 188 | completion of the remainder of the reentry program. The term of | 
| 189 | drug offender probation may include placement in a community | 
| 190 | residential or nonresidential substance abuse treatment facility | 
| 191 | under the jurisdiction of the department or the Department of | 
| 192 | Children and Family Services or any public or private entity | 
| 193 | providing such services. If the nonviolent offender violates the | 
| 194 | conditions of drug offender probation, the court may revoke | 
| 195 | probation and impose any sentence that it might have originally | 
| 196 | imposed. | 
| 197 | (b)  If an offender being released pursuant to paragraph | 
| 198 | (a) intends to reside in a county that has established a | 
| 199 | postadjudicatory drug court program as described in s. 397.334, | 
| 200 | Florida Statutes, the sentencing court may require the offender | 
| 201 | to successfully complete the postadjudicatory drug court program | 
| 202 | as a condition of drug offender probation. The original | 
| 203 | sentencing court shall relinquish jurisdiction of the offender's | 
| 204 | case to the postadjudicatory drug court program until the | 
| 205 | offender is no longer active in the program, the case is | 
| 206 | returned to the sentencing court due to the offender's | 
| 207 | termination from the program for failure to comply with the | 
| 208 | terms thereof, or the offender's sentence is completed. If | 
| 209 | transferred to a postadjudicatory drug court program, the | 
| 210 | offender shall comply with all conditions and orders of the | 
| 211 | program. | 
| 212 | (7)  The department shall implement the reentry program to | 
| 213 | the fullest extent feasible within available resources. | 
| 214 | (8)  The department shall submit an annual report to the | 
| 215 | Governor, the President of the Senate, and the Speaker of the | 
| 216 | House of Representatives detailing the extent of implementation | 
| 217 | of the reentry program and outlining future goals and any | 
| 218 | recommendation the department has for future legislative action. | 
| 219 | (9)  The department may enter into performance-based | 
| 220 | contracts with qualified individuals, agencies, or corporations | 
| 221 | for the provision of any or all of the services for the reentry | 
| 222 | program. | 
| 223 | (10)  A nonviolent offender in the reentry program is | 
| 224 | subject to rules of conduct established by the department and | 
| 225 | may have sanctions imposed, including loss of privileges, | 
| 226 | restrictions, disciplinary confinement, alteration of release | 
| 227 | plans, or other program modifications in keeping with the nature | 
| 228 | and gravity of the program violation. Administrative or | 
| 229 | protective confinement, as necessary, may be imposed. | 
| 230 | (11)  This section does not create or confer any right to | 
| 231 | any inmate to placement in the reentry program or any right to | 
| 232 | placement or early release under supervision of any type. No | 
| 233 | inmate may have a cause of action under this section against the | 
| 234 | department, a court, or the state attorney related to the | 
| 235 | reentry program. | 
| 236 | (12)  The department may establish a system of incentives | 
| 237 | within the reentry program which the department may use to | 
| 238 | promote participation in rehabilitative programs and the orderly | 
| 239 | operation of institutions and facilities. | 
| 240 | (13)  The department shall develop a system for tracking | 
| 241 | recidivism, including, but not limited to, rearrests and | 
| 242 | recommitment of nonviolent offenders who successfully complete | 
| 243 | the reentry program, and shall report the recidivism rate in its | 
| 244 | annual report of the program. | 
| 245 | (14)  The department shall adopt rules pursuant to ss. | 
| 246 | 120.536(1) and 120.54, Florida Statutes, to administer the | 
| 247 | reentry program. | 
| 248 | Section 2.  This act shall take effect October 1, 2012. |