Florida Senate - 2012                                    SB 2096
       By the Committee on Criminal Justice
       591-02728-12                                          20122096__
    1                        A bill to be entitled                      
    2         An act relating to community correction reentry
    3         programs; requiring the Department of Corrections to
    4         develop an operational plan to implement a pilot
    5         community corrections reentry program in certain
    6         designated counties; requiring that the operational
    7         plan describe the necessary facilities, staff, budget,
    8         and methods for selecting inmates to participate in
    9         the reentry program; providing examples of reentry
   10         services; requiring that all inmates who are within 36
   11         months of their release date be considered for
   12         participation in the pilot community corrections
   13         reentry program; providing criteria to assess the risk
   14         of placing an inmate in the reentry program; requiring
   15         that an inmate who is selected for participation in
   16         the reentry program be transferred into the pilot
   17         program no later than 24 months before his or her
   18         release date; amending s. 945.091, F.S.; deleting a
   19         provision limiting the modes of transportation an
   20         inmate may use when traveling to and from his or her
   21         place of employment, education, or training; deleting
   22         a provision requiring a specific appropriation for the
   23         Department of Corrections to transport an inmate in a
   24         state-owned vehicle; repealing s. 945.0913, F.S.,
   25         relating to a prohibition on the driving of inmates
   26         participating in a work-release program in state-owned
   27         vehicles; providing an effective date.
   29  Be It Enacted by the Legislature of the State of Florida:
   31         Section 1. Pilot community corrections; reentry program.
   32         (1)(a)The Department of Corrections shall develop an
   33  operational plan to implement a pilot community corrections
   34  reentry program in Bay, Calhoun, Escambia, Franklin, Gadsden,
   35  Gulf, Holmes, Jackson, Leon, Liberty, Okaloosa, Santa Rosa,
   36  Wakulla, Walton, and Washington Counties within the Northern
   37  Florida Region for the 2013-2014 fiscal year.
   38         (b)At a minimum, the operational plan for the pilot
   39  program must describe and document:
   40         1. The resources needed for the pilot project, including,
   41  but not limited to, specific buildings, grounds, and property
   42  that must be obtained or redesignated for residential community
   43  corrections facilities and reentry services.
   44         2.The placement of facilities and services in specific
   45  areas to maximize the opportunity for participating inmates to
   46  benefit from being located near where they plan to live after
   47  completion of their sentences.
   48         3. The additional staff or changes to staff qualifications
   49  necessary to operate the pilot program.
   50         4. The contracts the pilot project intends to use for
   51  private providers who desire to provide a portion of the reentry
   52  services and programming to eligible inmates.
   53         5. The security staffing plan.
   54         6. The programming plan.
   55         7. The proposed budget.
   56         8.The process and method for selecting an inmate to
   57  participate in the pilot project, including any initial
   58  screening process, the criteria used in the risk assessment, and
   59  any prioritization of placement.
   60         9. The changes in law that are necessary to implement the
   61  pilot project.
   62         (2)(a) The pilot program shall be designed to provide
   63  residential care, custody, control, and reentry services to
   64  eligible inmates.
   65         (b) For the purpose of the pilot program, the reentry
   66  services include, but are not limited to, substance abuse
   67  treatment, housing assistance, money management training,
   68  employment assistance, vocational education, and life skills
   69  training.
   70         (3) All inmates who are within 36 months of their release
   71  date shall be considered for participation in the pilot program.
   72  The selection shall be based upon a risk assessment process that
   73  includes, but is not limited to, whether:
   74         (a) The inmate has potential for rehabilitation and the
   75  need for reentry services.
   76         (b) The reduction of risk of harm to the community after
   77  completion of the inmate’s sentence which would result from his
   78  or her participation in the pilot program is outweighed by any
   79  risk of harm to the community which would be posed by the inmate
   80  while participating in the pilot program.
   81         (c) The inmate is from the geographic area of the pilot
   82  program, or has family or identified friends in the area, and
   83  intends to reside in the area upon release from custody.
   84         (4)An inmate who is selected for participation must be
   85  transferred into the pilot program not later than 24 months
   86  before his or her current release date. An inmate who is already
   87  within 24 months of his or her current release date when
   88  selected must be placed into the pilot program as soon as a
   89  position is available.
   90         (5)The pilot program may include an existing community
   91  work release program established pursuant to s. 945.091, Florida
   92  Statutes, as a service provider, but the existing program must
   93  provide enhanced reentry services to participating inmates.
   94         Section 2. The Department of Corrections shall submit a
   95  status report and proposed budget request by December 1, 2012,
   96  to the Executive Office of the Governor, the President of the
   97  Senate, and the Speaker of the House of Representatives. The
   98  report must document the projected number of inmates to be
   99  served in the 2013-2014 fiscal year and the funding needed to
  100  implement the operational plan.
  101         Section 3. Paragraph (b) of subsection (1) of section
  102  945.091, Florida Statutes, is amended to read:
  103         945.091 Extension of the limits of confinement; restitution
  104  by employed inmates.—
  105         (1) The department may adopt rules permitting the extension
  106  of the limits of the place of confinement of an inmate as to
  107  whom there is reasonable cause to believe that the inmate will
  108  honor his or her trust by authorizing the inmate, under
  109  prescribed conditions and following investigation and approval
  110  by the secretary, or the secretary’s designee, who shall
  111  maintain a written record of such action, to leave the confines
  112  of that place unaccompanied by a custodial agent for a
  113  prescribed period of time to:
  114         (b) Work at paid employment, participate in an education or
  115  a training program, or voluntarily serve a public or nonprofit
  116  agency or faith-based service group in the community, while
  117  continuing as an inmate of the institution or facility in which
  118  the inmate is confined, except during the hours of his or her
  119  employment, education, training, or service and traveling
  120  thereto and therefrom. An inmate may travel to and from his or
  121  her place of employment, education, or training only by means of
  122  walking, bicycling, or using public transportation or
  123  transportation that is provided by a family member or employer.
  124  Contingent upon specific appropriations, the department may
  125  transport an inmate in a state-owned vehicle if the inmate is
  126  unable to obtain other means of travel to his or her place of
  127  employment, education, or training.
  128         1. An inmate may participate in paid employment only during
  129  the last 36 months of his or her confinement, unless sooner
  130  requested by the Parole Commission or the Control Release
  131  Authority.
  132         2. While working at paid employment and residing in the
  133  facility, an inmate may apply for placement at a contracted
  134  substance abuse transition housing program. The transition
  135  assistance specialist shall inform the inmate of program
  136  availability and assess the inmate’s need and suitability for
  137  transition housing assistance. If an inmate is approved for
  138  placement, the specialist shall assist the inmate. If an inmate
  139  requests and is approved for placement in a contracted faith
  140  based substance abuse transition housing program, the specialist
  141  must consult with the chaplain prior to such placement. The
  142  department shall ensure that an inmate’s faith orientation, or
  143  lack thereof, will not be considered in determining admission to
  144  a faith-based program and that the program does not attempt to
  145  convert an inmate toward a particular faith or religious
  146  preference.
  147         Section 4. Section 945.0913, Florida Statutes, is repealed.
  148         Section 5. This act shall take effect July 1, 2012.