Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1032
                                Barcode 905990                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/01/2013           .                                

       The Committee on Criminal Justice (Altman) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (9) of section 322.051, Florida
    6  Statutes, is amended to read:
    7         322.051 Identification cards.—
    8         (9) Notwithstanding any other provision of this section or
    9  s. 322.21 to the contrary, the department shall issue or renew a
   10  card at no charge to a person who presents evidence satisfactory
   11  to the department that he or she is homeless as defined in s.
   12  414.0252(7) or to an inmate receiving a card issued pursuant to
   13  s. 944.605(7).
   14         Section 2. Subsection (3) of section 382.0255, Florida
   15  Statutes, is amended to read:
   16         382.0255 Fees.—
   17         (3) Fees shall be established by rule. However, until rules
   18  are adopted, the fees assessed pursuant to this section shall be
   19  the minimum fees cited. The fees established by rule must be
   20  sufficient to meet the cost of providing the service. All fees
   21  shall be paid by the person requesting the record, are due and
   22  payable at the time services are requested, and are
   23  nonrefundable, except that, when a search is conducted and no
   24  vital record is found, any fees paid for additional certified
   25  copies shall be refunded. The department may waive all or part
   26  of the fees required under this section for any government
   27  entity. The department shall waive all fees required under this
   28  section for a certified copy of a birth certificate issued for
   29  purposes of an inmate acquiring a state identification card
   30  before release pursuant to s. 944.605(7).
   31         Section 3. Subsection (7) is added to section 944.605,
   32  Florida Statutes, to read:
   33         944.605 Inmate release; notification; identification card.—
   34         (7)(a) The department, working in conjunction with the
   35  Department of Health and the Department of Highway Safety and
   36  Motor Vehicles, shall provide every Florida-born inmate with a
   37  certified copy of their birth certificate and a state
   38  identification card before his or her release upon expiration of
   39  the inmate's sentence.
   40         (b) Paragraph (a) does not apply to inmates who:
   41         1. The department determines have a valid driver license or
   42  state identification card.
   43         2. Have an active detainer, unless the department
   44  determines that cancellation of the detainer is likely or that
   45  the incarceration for which the detainer was issued will be less
   46  than 12 months in duration.
   47         3. Are released due to an emergency release or a
   48  conditional medical release under s. 947.149.
   49         4. Are not in the physical custody of the department at or
   50  within 180 days before release.
   51         5. Are subject to sex offender residency restrictions, and
   52  who, upon release under such restrictions, do not have a
   53  qualifying address.
   54         (c) The department shall assist each inmate in applying for
   55  and obtaining a social security card before release if the
   56  inmate needs a social security card.
   57         (d) The department, for purposes of assisting the inmate in
   58  obtaining a birth certificate, shall submit to the Department of
   59  Health on all Florida-born inmates in its custody, the
   60  department's inmate photo or digitized photo, and as provided by
   61  the inmate his or her date of birth, full name at birth and any
   62  subsequent legal name changes, city or county of birth, mother's
   63  full name including her maiden surname, and father's full name.
   64  Failure of the inmate to cooperate with the department in
   65  providing this information may subject the inmate to
   66  disciplinary action.
   67         (e) For inmates born outside of this state, the department
   68  shall assist the inmate in completing the necessary forms or
   69  applications to obtain a social security card, driver license,
   70  or state identification card. The department shall also provide
   71  the inmate with the location and address of the appropriate
   72  licensing authority the inmate will need to obtain a valid
   73  identification card in proximity to the inmate's release
   74  address.
   75         (f) By February 1, 2014, and annually thereafter, the
   76  department, in consultation with the Department of Highway
   77  Safety and Motor Vehicle and the Department of Health, shall
   78  provide a report to the Governor, the President of the Senate,
   79  and the Speaker of the House of Representatives that identifies
   80  the number of inmates released with and without identification
   81  cards, identifies any impediments in the implementation of this
   82  subsection, and provides recommendations to improve obtaining
   83  release documents and identification cards for all inmates.
   84         Section 4. Section 944.801, Florida Statutes is amended to
   85  create a new paragraph (j):
   86         (j) Ensure that every inmate within two years of his or her
   87  projected release date has access to skills assessment and
   88  training as defined by s. 445.06 and is offered the opportunity
   89  to complete the certificate program. The requirements of this
   90  paragraph are contingent upon and limited to the extent that
   91  funding is available and determination by the department that
   92  such access will not present a security, safety, or management
   93  risk.
   94         Section 5. Subsections (2) and (6) of section 944.803,
   95  Florida Statutes, are amended to read:
   96         944.803 Faith- and character-based programs.—
   97         (2) It is the intent of the Legislature that the department
   98  expand the faith- and character-based initiative through the use
   99  of faith- and character-based institutions. The department is
  100  encouraged to phase out the faith-based and self improvement
  101  dormitory programs and move toward the goal of only implementing
  102  faith- and character-based institutions. The department is also
  103  encouraged to dedicate and maintain faith- and character-based
  104  institutions that serve both male and female inmates at their
  105  respective institutions.
  106         (6) Within faith- and character-based institutions of the
  107  state correctional system, peer-to-peer programming shall be
  108  offered allowed, such as Alcoholics Anonymous, literacy
  109  instruction, and other activities, when appropriate.
  110         Section 6. Section 948.0125, Florida Statutes, is created
  111  to read:
  112         948.0125Reentry program sentence.—
  113         (1) PROGRAM DEVELOPMENT.—The department shall develop and
  114  implement a reentry program for nonviolent drug offenders. The
  115  program shall provide a mechanism by which an eligible,
  116  nonviolent offender for whom the reentry program has been
  117  ordered as part of his or her conditional split sentence by the
  118  court may be transitioned into the community during the last
  119  year of the sentence. The reentry program shall consist of a
  120  prison-based substance abuse treatment program for a minimum of
  121  180 days and a community-based aftercare treatment program. The
  122  reentry program may include a work-release component.
  123         (2) ELIGIBILITY.—For an offender to participate in the
  124  reentry program, the court at the time of ordering a state
  125  prison sentence must have imposed a conditional split sentence
  126  whereby the offender is ordered into the department's reentry
  127  program that consists of an in-prison treatment component, and
  128  upon successful completion of the in-prison treatment, drug
  129  offender probation. Entry into the department's reentry program
  130  is subject to available funding and resources of the department.
  131         (a) The sentencing court may order the offender into the
  132  department's reentry program if the offender meets the following
  133  criteria:
  134         1. The offender's primary offense is a felony of the third
  135  degree.
  136         2. The sentencing court, after requesting and reviewing a
  137  presentence investigation report prepared pursuant to s.
  138  921.231, has found that the offender has a substance abuse
  139  problem.
  140         3. The offender has never been convicted of:
  141         a. A forcible felony as defined in s. 776.08.
  142         b. An offense listed in s. 775.082(9)(a)1.r. without regard
  143  to prior incarceration or release.
  144         c. An offense described in chapter 847 involving a minor or
  145  a depiction of a minor.
  146         d. An offense described in chapter 827.
  147         e. Any offense described in s. 784.07, s. 784.074, s.
  148  784.075, s. 784.076, s. 784.08, s. 784.083, or s. 784.085.
  149         f. An offense involving the possession or use of a firearm.
  150         g. A capital felony or a felony of the first or second
  151  degree.
  152         h. An offense that requires a person to register as a
  153  sexual offender pursuant to s. 943.0435.
  154         i. An offense that includes as an element of that offense
  155  the sale of a controlled substance.
  156         j. An offense in another jurisdiction that would be an
  157  offense described in this subparagraph if that offense had been
  158  committed in this state.
  159         (b) Placement on drug offender probation shall be
  160  conditioned upon the offender's successful completion of the in
  161  prison treatment component of the program.
  163  an offender meets the eligibility criteria under subsection (2),
  164  the sentencing court may order the reentry program at the time
  165  of sentencing. Admission into the reentry program, and an
  166  offender's continued participation in the program, is not a
  167  right. Accordingly, a sentencing court is not required to
  168  sentence an offender to the reentry program and an offender,
  169  based upon conduct in prison, may lose eligibility to continue
  170  participating in the reentry program.
  172  TREATMENT.—If the sentencing court orders the offender into the
  173  reentry program, the department shall, subject to available
  174  funding and resources, place the offender into the in-prison
  175  treatment component not more than 9 months before the end of the
  176  offender's incarceration portion of the split sentence,
  177  including any gain time accrued.
  178         (a) Before the offender completes the in-prison treatment
  179  component, the department shall evaluate the offender's needs
  180  for community placement and develop a postrelease treatment plan
  181  that includes substance abuse aftercare services.
  182         (b) An offender in the in-prison component of the reentry
  183  program is subject to the rules of conduct established by the
  184  department and may have sanctions imposed, including loss of
  185  privileges, restrictions, disciplinary confinement, forfeiture
  186  of gain-time or the right to earn gain-time in the future,
  187  alteration of release plans, termination from the reentry
  188  program, or other program modifications in keeping with the
  189  nature and gravity of the program violation. The department may
  190  place an offender in the reentry program in an administrative or
  191  protective confinement, as necessary. Except as provided in
  192  paragraph (c), the offender shall be readmitted to the reentry
  193  program after completing the ordered discipline.
  194         (c) The department shall terminate an offender from the
  195  reentry program if:
  196         1. The offender commits a violent act;
  197         2. The department determines that the offender is unable to
  198  participate in the reentry program due to the offender's medical
  199  condition;
  200         3. The offender's sentence is modified or expires;
  201         4. The department reassigns the offender's classification
  202  status; or
  203         5. The department determines that removing the offender
  204  from the reentry program is in the best interest of the offender
  205  or the security of the institution.
  206         (d) An offender must serve at least 85 percent of the
  207  incarceration portion of the conditional split sentence before
  208  being released to drug offender probation. If the offender does
  209  not successfully complete the in-prison treatment component of
  210  the reentry program, the drug offender probation portion of the
  211  conditional split sentence becomes a term of imprisonment to be
  212  served while incarcerated. The offender must then serve at least
  213  85 percent of the total term of imprisonment.
  215  Following successful completion of the in-prison treatment
  216  component, the offender shall be transitioned into the community
  217  to serve the drug offender probation portion of the offender's
  218  conditional split sentence.
  219         (a) While in the community, the offender shall be subject
  220  to all standard terms of probation under s. 948.03, and of drug
  221  offender probation under s. 948.20, a special condition of
  222  supervision ordered by the sentencing court, including
  223  participation in an aftercare substance abuse program, residence
  224  in a postrelease transitional residential halfway house, or
  225  other appropriate form of supervision or treatment.
  226         (b) Violation of a condition or order may result in
  227  revocation of supervision by the court and imposition of a
  228  sentence that is authorized by law, subject to time served in
  229  prison.
  230         (c) If there is a postadjudicatory drug court program as
  231  described in s. 397.334 in the county of the sentencing court,
  232  or the county to which the offender returns, and the drug court
  233  is willing to accept the case, the offender's case shall be
  234  transferred to the drug court for supervision for the probation
  235  portion of the offender's split sentence. The drug court judge
  236  shall be deemed the sentencing judge for purposes of ensuring
  237  compliance with this section.
  238         (d) While on drug offender probation, the department shall
  239  collect from the offender the cost of supervision as provided
  240  for in s. 948.09. An offender who is financially able shall also
  241  pay all costs of his or her drug rehabilitation, including drug
  242  testing fees. The sentencing judge may impose on the offender
  243  additional conditions requiring payment of court costs and
  244  fines, public service, and compliance with other court-ordered
  245  special conditions.
  246         (6) CONTRACTORS.—The department may develop and enter into
  247  performance-based contracts with qualified individuals,
  248  agencies, or corporations to supply any or all services provided
  249  in the reentry program. The department may establish incentives
  250  within the reentry program to promote participation by private
  251  sector employers in the rehabilitative reentry programs and the
  252  orderly operation of institutions and facilities.
  253         (7) NO RIGHTS CONFERRED UPON OFFENDERS.—This section does
  254  not create or confer a right to an offender to placement in the
  255  reentry program or a right to placement or early-release under
  256  supervision of any type. An offender does not have a cause of
  257  action against the department, a court, the state attorney, or a
  258  victim related to placement in or continued participation in the
  259  reentry program.
  260         (8) REPORTING.—The department shall, as part of its annual
  261  report, provide a detailed account of the department's
  262  implementation of the reentry program, the number of offenders
  263  sentenced to the program, the number of inmates who successfully
  264  complete the in-prison portion of the program, the number of
  265  inmates who successfully complete the drug offender probation,
  266  and recidivism numbers for inmates who have participated in the
  267  reentry program.
  268         (9) RULEMAKING.—The department may adopt rules to implement
  269  this section.
  270         Section 7. This act shall take effect July 1, 2013
  272  ================= T I T L E  A M E N D M E N T ================
  273         And the title is amended as follows:
  274         Delete everything before the enacting clause
  275  and insert:
  276                        A bill to be entitled                      
  277         An act relating to inmate reentry; amending s.
  278         322.051, F.S.; waiving the fee for identification
  279         cards issued to certain inmates; amending s. 382.0255,
  280         F.S.; requiring a waiver of fees for certain inmates
  281         receiving a copy of a birth certificate; amending s.
  282         944.605, F.S.; requiring the Department of Corrections
  283         to work with other agencies in acquiring necessary
  284         documents for certain inmates to acquire an
  285         identification card before release; providing
  286         exceptions; requiring the department to provide
  287         specified assistance to inmates born outside this
  288         state; requiring a report; amending s. 944.801, F.S.;
  289         requiring skills assessment and training; amending s.
  290         944.803, F.S.; authorizing the department to operate
  291         male and female faith- and character-based
  292         institutions; creating s. 948.0125, F.S.; directing
  293         the department to establish a reentry program for
  294         nonviolent offenders; providing eligibility and
  295         participation requirements; providing guidelines where
  296         the department shall terminate inmate's participation
  297         in program; providing for inmate to participate in
  298         drug offender probation upon completion of in-prison
  299         reentry program; authorizing use of postadjudicatory
  300         drug court for program participant; authorizing the
  301         department to contract for services; providing that no
  302         rights are conferred upon inmates to participate in
  303         reentry program; providing for reports and rulemaking
  304         authority; providing an effective date.