| 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 |
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| 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) The department shall screen offenders committed to |
| 110 | the department for eligibility criteria to participate in the |
| 111 | reentry program. In order to be eligible, an offender must be a |
| 112 | nonviolent offender, must have served at least one-half of his |
| 113 | or her original sentence, and must have been identified as |
| 114 | having a need for substance abuse treatment. When selecting |
| 115 | participants for the reentry program, 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 an offender meets the eligibility criteria, is |
| 121 | selected by the department, and space is available in the |
| 122 | reentry program, the department shall request the sentencing |
| 123 | court to approve the offender's participation in the reentry |
| 124 | program. |
| 125 | (c)1. The department shall notify the state attorney that |
| 126 | the offender is being considered for placement in the reentry |
| 127 | program. The notice must explain to the state attorney that a |
| 128 | proposed reduced period of incarceration, followed by |
| 129 | participation in substance abuse treatment and other |
| 130 | rehabilitative programming, could produce the same deterrent |
| 131 | effect otherwise expected from a lengthy incarceration. |
| 132 | 2. The notice must also state that the state attorney may |
| 133 | notify the sentencing court in writing of any objection the |
| 134 | state attorney might have if the nonviolent offender is placed |
| 135 | in the reentry program. The state attorney must notify the |
| 136 | sentencing court of his or her objections within 14 days after |
| 137 | receiving the notice. |
| 138 | (d) The sentencing court shall notify the department in |
| 139 | writing of the court's decision to approve or disapprove the |
| 140 | requested placement of the nonviolent offender no later than 28 |
| 141 | days after the court receives the department's request to place |
| 142 | the offender in the reentry program. Failure to notify the |
| 143 | department of the court's decision within the 28-day period |
| 144 | constitutes approval to place the offender into the reentry |
| 145 | program. |
| 146 | (4) After the nonviolent offender is admitted into the |
| 147 | reentry program, he or she shall undergo a full substance abuse |
| 148 | assessment to determine his or her substance abuse treatment |
| 149 | needs. The offender shall also have an educational assessment, |
| 150 | which shall be accomplished using the Test of Adult Basic |
| 151 | Education or any other testing instrument approved by the |
| 152 | Department of Education. Each offender who has not obtained a |
| 153 | high school diploma shall be enrolled in an adult education |
| 154 | program designed to aid the offender in improving his or her |
| 155 | academic skills and earn a high school diploma. Further |
| 156 | assessments of the offender's vocational skills and future |
| 157 | career education shall be provided to the offender as needed. A |
| 158 | periodic reevaluation shall be made in order to assess the |
| 159 | progress of each offender. |
| 160 | (5)(a) If a nonviolent offender in the reentry program |
| 161 | becomes unmanageable, the department may revoke the offender's |
| 162 | gain-time and place the offender in disciplinary confinement in |
| 163 | accordance with department rule. Except as provided in paragraph |
| 164 | (b), the offender shall be readmitted to the reentry program |
| 165 | after completing the ordered discipline. Any period of time |
| 166 | during which the offender is unable to participate in the |
| 167 | reentry program shall be excluded from the specified time |
| 168 | requirements in the reentry program. |
| 169 | (b) The department may terminate an offender from the |
| 170 | reentry program if: |
| 171 | 1. The offender commits or threatens to commit a violent |
| 172 | act; |
| 173 | 2. The department determines that the offender is unable |
| 174 | to participate in the reentry program due to the offender's |
| 175 | medical condition; |
| 176 | 3. The offender's sentence is modified or expires; |
| 177 | 4. The department reassigns the offender's classification |
| 178 | status; or |
| 179 | 5. The department determines that removing the offender |
| 180 | from the reentry program is in the best interest of the offender |
| 181 | or the security of the institution. |
| 182 | (6)(a) The department shall submit a report to the court |
| 183 | at least 30 days before the nonviolent offender is scheduled to |
| 184 | complete the reentry program. The report must describe the |
| 185 | offender's performance in the reentry program. If the |
| 186 | performance is satisfactory, the court shall issue an order |
| 187 | modifying the sentence imposed and place the offender on drug |
| 188 | offender probation subject to the offender's successful |
| 189 | completion of the remainder of the reentry program. The term of |
| 190 | drug offender probation may include placement in a community |
| 191 | residential or nonresidential substance abuse treatment facility |
| 192 | under the jurisdiction of the department or the Department of |
| 193 | Children and Family Services or any public or private entity |
| 194 | providing such services. If the nonviolent offender violates the |
| 195 | conditions of drug offender probation, the court may revoke |
| 196 | probation and impose any sentence that it might have originally |
| 197 | imposed. |
| 198 | (b) If an offender being released pursuant to paragraph |
| 199 | (a) intends to reside in a county that has established a |
| 200 | postadjudicatory drug court program as described in s. 397.334, |
| 201 | Florida Statutes, the sentencing court may require the offender |
| 202 | to successfully complete the postadjudicatory drug court program |
| 203 | as a condition of drug offender probation. The original |
| 204 | sentencing court shall relinquish jurisdiction of the offender's |
| 205 | case to the postadjudicatory drug court program until the |
| 206 | offender is no longer active in the program, the case is |
| 207 | returned to the sentencing court due to the offender's |
| 208 | termination from the program for failure to comply with the |
| 209 | terms thereof, or the offender's sentence is completed. If |
| 210 | transferred to a postadjudicatory drug court program, the |
| 211 | offender shall comply with all conditions and orders of the |
| 212 | program. |
| 213 | (7) The department shall implement the reentry program to |
| 214 | the fullest extent feasible within available resources. |
| 215 | (8) The department shall submit an annual report to the |
| 216 | Governor, the President of the Senate, and the Speaker of the |
| 217 | House of Representatives detailing the extent of implementation |
| 218 | of the reentry program and outlining future goals and any |
| 219 | recommendation the department has for future legislative action. |
| 220 | (9) The department may enter into performance-based |
| 221 | contracts with qualified individuals, agencies, or corporations |
| 222 | for the provision of any or all of the services for the reentry |
| 223 | program. |
| 224 | (10) A nonviolent offender in the reentry program is |
| 225 | subject to rules of conduct established by the department and |
| 226 | may have sanctions imposed, including loss of privileges, |
| 227 | restrictions, disciplinary confinement, alteration of release |
| 228 | plans, or other program modifications in keeping with the nature |
| 229 | and gravity of the program violation. Administrative or |
| 230 | protective confinement, as necessary, may be imposed. |
| 231 | (11) This section does not create or confer any right to |
| 232 | any inmate to placement in the reentry program or any right to |
| 233 | placement or early release under supervision of any type. No |
| 234 | inmate may have a cause of action under this section against the |
| 235 | department, a court, or the state attorney related to the |
| 236 | reentry program. |
| 237 | (12) The department may establish a system of incentives |
| 238 | within the reentry program which the department may use to |
| 239 | promote participation in rehabilitative programs and the orderly |
| 240 | operation of institutions and facilities. |
| 241 | (13) The department shall develop a system for tracking |
| 242 | recidivism, including, but not limited to, rearrests and |
| 243 | recommitment of nonviolent offenders who successfully complete |
| 244 | the reentry program, and shall report the recidivism rate in its |
| 245 | annual report of the program. |
| 246 | (14) The department shall adopt rules pursuant to ss. |
| 247 | 120.536(1) and 120.54, Florida Statutes, to administer the |
| 248 | reentry program. |
| 249 | Section 2. This act shall take effect October 1, 2012. |