Florida Senate - 2012                             CS for SB 2096
       By the Committees on Criminal Justice; and Criminal Justice
       591-03547-12                                          20122096c1
    1                        A bill to be entitled                      
    2         An act relating to community reentry programs;
    3         requiring the Department of Corrections to develop an
    4         operational plan to implement a community reentry
    5         program; requiring that the operational plan describe
    6         the necessary facilities, staff, budget, and methods
    7         for selecting inmates to participate in the reentry
    8         program; providing examples of reentry services;
    9         requiring that all inmates who are within 36 months of
   10         their release date be considered for participation in
   11         the community reentry program; providing criteria to
   12         assess the risk of placing an inmate in the reentry
   13         program; requiring that an inmate who is selected for
   14         participation in the reentry program be transferred
   15         into the program no later than 24 months before his or
   16         her release date; requiring that the department submit
   17         a report and proposed budget request to the Governor
   18         and Legislature by a specified date; amending s.
   19         945.091, F.S.; deleting a provision limiting the modes
   20         of transportation an inmate may use when traveling to
   21         and from his or her place of employment, education, or
   22         training; deleting a provision requiring a specific
   23         appropriation for the Department of Corrections to
   24         transport an inmate in a state-owned vehicle;
   25         repealing s. 945.0913, F.S., relating to a prohibition
   26         on the driving of inmates participating in a work
   27         release program in state-owned vehicles; providing an
   28         effective date.
   30  Be It Enacted by the Legislature of the State of Florida:
   32         Section 1. Community reentry program.—
   33         (1)(a)The Department of Corrections shall develop an
   34  operational plan to implement a community reentry program for
   35  the 2013-2014 fiscal year.
   36         (b)At a minimum, the operational plan for the program must
   37  describe and document:
   38         1. The resources needed for the program, including, but not
   39  limited to, specific buildings, grounds, and property that must
   40  be obtained or redesignated for residential community reentry
   41  facilities and reentry services.
   42         2.The placement of facilities and services in specific
   43  areas to maximize the opportunity for participating inmates to
   44  benefit from being located near where they plan to live after
   45  completion of their sentences.
   46         3. The additional staff or changes to staff qualifications
   47  necessary to operate the program.
   48         4. The contracts the program intends to use for private
   49  providers who desire to provide a portion of the reentry
   50  services and programming to eligible inmates.
   51         5. The security staffing plan.
   52         6. The programming plan.
   53         7. The proposed budget.
   54         8.The process and method for selecting an inmate to
   55  participate in the program, including any initial screening
   56  process, the criteria used in the risk assessment, and any
   57  prioritization of placement.
   58         9. The changes in law that are necessary to implement the
   59  program.
   60         (2)(a) The program shall be designed to provide residential
   61  care, custody, control, and reentry services to eligible
   62  inmates.
   63         (b) For the purpose of the program, the reentry services
   64  include, but are not limited to, substance abuse treatment,
   65  housing assistance, money management training, employment
   66  assistance, vocational education, and life skills training.
   67         (3) All inmates who are within 36 months of their release
   68  date shall be considered for participation in the program. The
   69  selection shall be based upon a risk assessment process that
   70  includes, but is not limited to, whether:
   71         (a) The inmate has potential for rehabilitation and the
   72  need for reentry services.
   73         (b) The reduction of risk of harm to the community after
   74  completion of the inmate’s sentence which would result from his
   75  or her participation in the program is outweighed by any risk of
   76  harm to the community which would be posed by the inmate while
   77  participating in the program.
   78         (c) The inmate can be placed in the geographic area where
   79  he or she is from, or has family or identified friends, and
   80  intends to reside in the area upon release from custody.
   81         (4)An inmate who is selected for participation must be
   82  transferred into the program not later than 24 months before his
   83  or her current release date. An inmate who is already within 24
   84  months of his or her current release date when selected must be
   85  placed into the program as soon as a position is available.
   86         (5)The program may include an existing community work
   87  release program established pursuant to s. 945.091, Florida
   88  Statutes, as a service provider, but the existing program must
   89  provide enhanced reentry services to participating inmates.
   90         Section 2. The Department of Corrections shall submit a
   91  status report and proposed budget request by December 1, 2012,
   92  to the Executive Office of the Governor, the President of the
   93  Senate, and the Speaker of the House of Representatives. The
   94  report must document the projected number of inmates to be
   95  served in the 2013-2014 fiscal year and the funding needed to
   96  implement the operational plan.
   97         Section 3. Paragraph (b) of subsection (1) of section
   98  945.091, Florida Statutes, is amended to read:
   99         945.091 Extension of the limits of confinement; restitution
  100  by employed inmates.—
  101         (1) The department may adopt rules permitting the extension
  102  of the limits of the place of confinement of an inmate as to
  103  whom there is reasonable cause to believe that the inmate will
  104  honor his or her trust by authorizing the inmate, under
  105  prescribed conditions and following investigation and approval
  106  by the secretary, or the secretary’s designee, who shall
  107  maintain a written record of such action, to leave the confines
  108  of that place unaccompanied by a custodial agent for a
  109  prescribed period of time to:
  110         (b) Work at paid employment, participate in an education or
  111  a training program, or voluntarily serve a public or nonprofit
  112  agency or faith-based service group in the community, while
  113  continuing as an inmate of the institution or facility in which
  114  the inmate is confined, except during the hours of his or her
  115  employment, education, training, or service and traveling
  116  thereto and therefrom. An inmate may travel to and from his or
  117  her place of employment, education, or training only by means of
  118  walking, bicycling, or using public transportation or
  119  transportation that is provided by a family member or employer.
  120  Contingent upon specific appropriations, the department may
  121  transport an inmate in a state-owned vehicle if the inmate is
  122  unable to obtain other means of travel to his or her place of
  123  employment, education, or training.
  124         1. An inmate may participate in paid employment only during
  125  the last 36 months of his or her confinement, unless sooner
  126  requested by the Parole Commission or the Control Release
  127  Authority.
  128         2. While working at paid employment and residing in the
  129  facility, an inmate may apply for placement at a contracted
  130  substance abuse transition housing program. The transition
  131  assistance specialist shall inform the inmate of program
  132  availability and assess the inmate’s need and suitability for
  133  transition housing assistance. If an inmate is approved for
  134  placement, the specialist shall assist the inmate. If an inmate
  135  requests and is approved for placement in a contracted faith
  136  based substance abuse transition housing program, the specialist
  137  must consult with the chaplain prior to such placement. The
  138  department shall ensure that an inmate’s faith orientation, or
  139  lack thereof, will not be considered in determining admission to
  140  a faith-based program and that the program does not attempt to
  141  convert an inmate toward a particular faith or religious
  142  preference.
  143         Section 4. Section 945.0913, Florida Statutes, is repealed.
  144         Section 5. This act shall take effect July 1, 2012.