Florida Senate - 2013                                    SB 1032
       By Senator Altman
       16-01296A-13                                          20131032__
    1                        A bill to be entitled                      
    2         An act relating to correctional reentry treatment
    3         facilities; amending s. 944.02, F.S.; defining the
    4         term “correctional reentry treatment facility”;
    5         amending s. 944.024, F.S.; requiring the Department of
    6         Corrections to screen adults for eligibility for
    7         reentry treatment services; creating s. 944.0280,
    8         F.S.; providing a short title; creating s. 944.0281,
    9         F.S.; requiring the department to establish one or
   10         more correctional reentry treatment facilities to be
   11         operated by private providers who have experience
   12         providing substance abuse, behavioral health,
   13         educational, vocational, and other transitional
   14         services to offenders; requiring a correctional
   15         reentry treatment facility to meet standards for
   16         minimum custody offenders; authorizing private
   17         providers who operate a correctional reentry treatment
   18         facility to subcontract with the department or other
   19         private providers to furnish security services and
   20         other professional services; requiring a correctional
   21         reentry treatment facility to provide necessary
   22         working space to department staff; creating s.
   23         944.0282, F.S.; specifying eligibility criteria for
   24         participation in the reentry treatment program;
   25         providing legislative intent; creating s. 944.0283,
   26         F.S.; specifying program elements of the reentry
   27         treatment facility; authorizing priority consideration
   28         for providers that are Florida-based nonprofit
   29         organizations with certain qualifications; creating s.
   30         944.0284, F.S.; providing that eligible offenders may
   31         be admitted into a correctional reentry treatment
   32         facility upon recommendation of the sentencing court
   33         or upon determination by the department that an
   34         eligible offender is appropriate for admission to a
   35         correctional reentry treatment facility; prohibiting
   36         certain offenders from being admitted into a
   37         correction reentry treatment facility; providing that
   38         the department may place offenders if there are
   39         vacancies remaining after placement of offenders
   40         recommended by the courts; requiring the department to
   41         provide a court with information on program
   42         availability upon request; creating s. 944.0285, F.S.;
   43         specifying that the department may transfer an
   44         offender from a correctional reentry treatment
   45         facility under certain circumstances; creating s.
   46         944.0286, F.S.; requiring the department to maintain a
   47         waiting list under certain circumstances; establishing
   48         priorities for admission from the waiting list;
   49         requiring the department to develop additional
   50         criteria to assign priority for the waiting list;
   51         creating s. 944.0287, F.S.; requiring the department
   52         to track recidivism of offenders who have participated
   53         in correctional reentry treatment facility programs;
   54         requiring the department to report to the Governor and
   55         the Legislature; creating s. 944.0288, F.S.; providing
   56         that the act does not create or confer any right to
   57         any offender to placement in a correctional reentry
   58         treatment facility; amending s. 945.091, F.S.;
   59         requiring the department to require offenders working
   60         at paid employment to use a portion of the employment
   61         proceeds equal to the amount of the voucher provided
   62         for a government-issued photo identification card plus
   63         the actual cost charged by the issuer for any other
   64         necessary document; providing for the deposit of funds
   65         collected into the General Revenue Fund; creating s.
   66         945.0915, F.S.; requiring the department to assist
   67         offenders to obtain the proper documents in order that
   68         an offender might participate in paid employment;
   69         amending s. 784.078, F.S.; conforming a cross
   70         reference; providing an effective date.
   72  Be It Enacted by the Legislature of the State of Florida:
   74         Section 1. Present subsections (2) through (8) of section
   75  944.02, Florida Statutes, are redesignated as subsections (3)
   76  through (9), respectively, and a new subsection (2) is added to
   77  that subsection, to read:
   78         944.02 Definitions.—The following words and phrases used in
   79  this chapter shall, unless the context clearly indicates
   80  otherwise, have the following meanings:
   81         (2) “Correctional reentry treatment facility” means a
   82  minimum custody state correctional facility established for the
   83  purpose of providing substance abuse, behavioral health,
   84  educational, vocational, and other transitional services to
   85  state offenders who are within 36 months of release pursuant to
   86  s. 944.0281 or who are sentenced to 36 months or less.
   87         Section 2. Subsection (4) of section 944.024, Florida
   88  Statutes, is amended to read:
   89         944.024 Adult intake and evaluation.—The state system of
   90  adult intake and evaluation shall include:
   91         (4) The provision of diagnostic, evaluation, and
   92  classification services at the presentence stage to assist the
   93  court and the department in planning programs for rehabilitation
   94  of convicted offenders. This provision shall include the
   95  identification of offenders who are eligible for a correctional
   96  reentry treatment facility.
   97         Section 3. Section 944.0280, Florida Statutes, is created
   98  to read:
   99         944.0280Short title.—Sections 944.0281-944.0288 may be
  100  cited as the “Correctional Reentry Treatment Act.”
  101         Section 4. Section 944.0281, Florida Statutes, is created
  102  to read:
  103         944.0281Correctional reentry treatment facility.—
  104         (1) Subject to available appropriations, the department
  105  shall establish one or more correctional reentry treatment
  106  facilities to be operated by providers that have experience
  107  providing substance abuse, behavioral health, educational,
  108  vocational, and other transitional services to offenders
  109  pursuant to the competitive procurement requirements of s.
  110  287.057.
  111         (2) In selecting providers for correctional reentry
  112  treatment facilities, the department shall give priority
  113  consideration to Florida-based nonprofit organizations that have
  114  direct experience in providing behavioral health and substance
  115  abuse treatment, vocational and work release, and educational
  116  and other transitional reentry services to offenders in this
  117  state.
  118         (3) A correctional reentry treatment facility must meet the
  119  standards for offenders who are classified as minimum custody.
  120         (4) A private provider that operates a correctional reentry
  121  treatment facility may subcontract with the department,
  122  educational institutions, government entities, or other
  123  providers to furnish security services, educational services,
  124  vocational services, and other professional services.
  125         (5) A correctional reentry treatment facility must provide
  126  working space to department staff necessary to perform ongoing
  127  classification services.
  128         Section 5. Section 944.0282, Florida Statutes, is created
  129  to read:
  130         944.0282Eligibility and target population.
  131         (1) Eligibility for placement in a correctional reentry
  132  treatment facility is limited to an offender who is in the final
  133  36 months of his or her expected prison commitment or is
  134  sentenced to 36 months or less, and who meets the following
  135  additional criteria:
  136         (a) The offender has been determined by the department to
  137  be in need of services provided by the correctional reentry
  138  treatment facility.
  139         (b) The offender has been classified as appropriate for
  140  minimum custody.
  141         (c) The offender has been committed for a nonviolent third
  142  degree felony or a second-degree felony involving the purchase
  143  of a controlled substance.
  144         (d) The offender is not the subject of an active injunction
  145  for domestic violence.
  146         (e) The offender has never been convicted of any of the
  147  following offenses or a substantially similar offense in another
  148  jurisdiction:
  149         1. A forcible felony as defined in s. 776.08.
  150         2. An offense listed in s. 775.082(9)(a)1., without regard
  151  to prior incarceration or release.
  152         3. An offense described in chapter 847, involving a minor
  153  or a depiction of a minor.
  154         4. An offense described in chapter 827.
  155         5. An offense described in s. 784.07, s. 784.074, s.
  156  784.075, s. 784.076, s. 784.08, s. 784.083, or s. 784.085.
  157         6. An offense involving the possession or use of a firearm
  158  or other weapon.
  159         7. A capital felony or a felony of the first or second
  160  degree except as provided in paragraph (c).
  161         8. An offense that requires a person to register as a
  162  sexual offender pursuant to s. 943.0435.
  163         (2) In addition to the eligibility criteria enumerated in
  164  subsection (1), it is the intent of the Legislature that an
  165  offender who is sentenced for a drug-related offense or whose
  166  substance abuse is a factor that leads to commission of the
  167  offense be given priority for consideration for placement in a
  168  correctional reentry treatment facility.
  169         Section 6. Section 944.0283, Florida Statutes, is created
  170  to read:
  171         944.0283Program requirements.—Services provided to an
  172  offender who is placed in a correctional reentry treatment
  173  facility shall be based on the offender’s needs assessments. A
  174  correctional reentry treatment facility shall offer the
  175  following services in order to address the individual offender’s
  176  needs:
  177         (1) Needs assessments, including psychosocial, educational,
  178  vocational, employability, social skills, and behavioral
  179  assessments.
  180         (2) Individualized service and treatment plans to be
  181  developed for each offender based on the results of needs
  182  assessments conducted in paragraph (a) and other relevant
  183  information.
  184         (3) Expedited intake and classification to be performed by
  185  department staff in cooperation with the private provider that
  186  operates the correctional reentry treatment facility. The
  187  department may rely upon information developed by private
  188  providers conducting offender needs assessments, as appropriate,
  189  in performing the expedited intake and classification function.
  190         (4) Educational instruction, including adult basic
  191  education and social skills training.
  192         (5) Behavioral health services, which must include medical
  193  and psychological intervention, treatment, and support services
  194  and prevention interventions for diagnosed mental illnesses, for
  195  substance abuse disorders, and for co-occurring disorders, to
  196  promote individual recovery, improved health, and functioning.
  197         (6) Vocational and prevocational training.
  198         (7) Behavioral services, which include, as appropriate,
  199  victim awareness, anger management, and criminal thinking
  200  remediation.
  201         (8) Basic life skills training, which must include, but
  202  need not be limited to, family development and personal
  203  budgeting.
  204         (9) Transitional services and development of skills
  205  necessary for successful reentry.
  206         Section 7. Section 944.0284, Florida Statutes, is created
  207  to read:
  208         944.0284Admissions process.—
  209         (1) An eligible offender, as provided under s. 944.0282,
  210  may be admitted into a correctional reentry treatment facility
  211  upon recommendation of the sentencing court or upon
  212  determination by the department that the eligible offender is
  213  appropriate for admission to a correctional reentry treatment
  214  facility. The department shall provide an expedited reception
  215  and classification process for an offender who is recommended by
  216  the court for admission into a correctional reentry treatment
  217  facility in order to verify eligibility and to assess the
  218  appropriateness of admission to a correctional reentry treatment
  219  facility.
  220         (2) The court shall consider any original charge, if
  221  different from the offense for which the offender is being
  222  sentenced, along with information provided by the arresting law
  223  enforcement agency, the defense attorney, and the state attorney
  224  in determining whether to recommend that an offender be admitted
  225  to a correctional reentry treatment facility.
  226         (3) An offender who is determined to have medical or
  227  psychiatric needs or other needs that the correctional reentry
  228  treatment facility cannot meet or who is determined to be
  229  otherwise inappropriate for placement in a correctional reentry
  230  treatment facility may not be admitted to a correctional reentry
  231  treatment facility.
  232         (4) If there are vacancies after placement of offenders
  233  recommended by the courts, the department may admit other
  234  eligible offenders, as provided under s. 944.0282, to a
  235  correctional reentry treatment facility.
  236         (5) Upon request of any court, the department shall provide
  237  information on the current and projected availability of beds in
  238  each correctional reentry treatment facility.
  239         Section 8. Section 944.0285, Florida Statutes, is created
  240  to read:
  241         944.0285Transfers.—
  242         (1) The department shall transfer an offender from a
  243  correctional reentry treatment facility in the following
  244  circumstances:
  245         (a) The offender is unable or unwilling to comply with
  246  program requirements.
  247         (b) The offender develops serious medical conditions or
  248  other conditions that the facility cannot appropriately treat.
  249         (c) The offender exhibits disruptive behaviors that
  250  compromise the safety of staff or other offenders at the
  251  facility or that create disruptions that prevent other offenders
  252  from benefitting from the program.
  253         (d) The department determines for any reason that continued
  254  placement is not in the best interests of the offender or other
  255  offenders assigned to the facility.
  256         (e) The department determines that transfer is necessary to
  257  the population management of the facility.
  258         (2) An offender who is determined to be inappropriate for
  259  placement at a correctional reentry treatment facility during
  260  the expedited intake and classification process may be
  261  reconsidered at a later date.
  262         (3) An offender who is placed in a correctional reentry
  263  treatment facility may be released to a work-release center if
  264  the offender is otherwise eligible for work release.
  265         Section 9. Section 944.0286, Florida Statutes, is created
  266  to read:
  267         944.0286 Department to maintain waiting list.—If there is
  268  greater demand for correctional reentry treatment facility beds
  269  than are available, the department shall maintain a waiting
  270  list. From the waiting list, priority for admission to a
  271  correctional reentry treatment facilty shall be first assigned
  272  to offenders who have been recommended by a court for admission
  273  to a correctional reentry treatment facility. The department
  274  shall develop additional criteria to assign priority for
  275  placement from the waiting list as vacancies occur. Such
  276  criteria must use information generated through an offender’s
  277  needs assessments and must include the need for substance abuse
  278  and behavioral health treatment, probability of successful
  279  program completion, disciplinary record, acuity of need, and
  280  length of time spent on the waiting list. The waiting list shall
  281  be periodically updated and must be available upon request to
  282  any court and providers under contract with the department to
  283  provide correctional reentry treatment facility services.
  284         Section 10. Section 944.0287, Florida Statutes, is created
  285  to read:
  286         944.0287 Reporting requirements.—The department shall
  287  collect data, in a manner that allows for comparison of outcomes
  288  by correctional reentry treatment facility, to track recidivism
  289  of offenders who have participated in correctional reentry
  290  treatment facility programs. As used in this section, the term
  291  “recidivism” is defined as recommitment to prison within 3 years
  292  following release. The department shall include the data in the
  293  annual recidivism report and shall provide the report to the
  294  Governor, the President of the Senate, and the Speaker of the
  295  House of Representatives by October 1, 2014. In addition, the
  296  department may track such other data that the department deems
  297  necessary for future program evaluations.
  298         Section 11. Section 944.0288, Florida Statutes, is created
  299  to read:
  300         944.0288 No rights conferred or created.—Sections 944.0281
  301  944.0287 do not create or confer any right to any offender to
  302  placement in a correctional reentry treatment facility. An
  303  offender does not have a cause of action against the department,
  304  a court, the state attorney, or a victim, which is related to
  305  placement at a correctional reentry treatment facility.
  306         Section 12. Subsection (6) of section 945.091, Florida
  307  Statutes, is amended to read:
  308         945.091 Extension of the limits of confinement; restitution
  309  by employed inmates.—
  310         (6)(a) The department shall require offenders inmates
  311  working at paid employment as provided in paragraph (1)(b) to
  312  use a portion of the employment proceeds to provide restitution
  313  to the aggrieved party for the damage or loss caused by the
  314  offense of the offender inmate, in an amount to be determined by
  315  the department, unless the department finds clear and compelling
  316  reasons not to order such restitution. If restitution or partial
  317  restitution is not ordered, the department shall state on the
  318  record in detail the reasons therefor.
  319         (b) An offender who is required to provide restitution or
  320  reparation may petition the circuit court to amend the amount of
  321  restitution or reparation required or to revise the schedule of
  322  repayment established by the department or the Parole
  323  Commission.
  324         (c) The department shall require an offender working at
  325  paid employment as provided in paragraph (1)(b) to use a portion
  326  of the employment proceeds equal to the amount of the voucher
  327  provided for a government-issued photo identification card plus
  328  the actual cost charged by the issuer for any other necessary
  329  document required to obtain the identification card. As a
  330  condition of being allowed to work at paid employment, the
  331  offender must agree to allow for the use of employment proceeds
  332  as required in this paragraph. All such proceeds collected shall
  333  be deposited into the General Revenue Fund.
  334         Section 13. Section 945.0915, Florida Statutes, is created
  335  to read:
  336         945.0915 The department shall determine whether each
  337  offender has the necessary documentation to receive a
  338  government-issued photo identification card. If an offender does
  339  not possess the necessary documentation, the department shall,
  340  under an agreement with the Bureau of Vital Statistics and other
  341  entities as necessary, attempt to obtain a birth certificate, a
  342  social security card, and any other necessary document on behalf
  343  of the offender. Upon release, the department shall provide to
  344  the offender the documents gathered pursuant to this section,
  345  along with detailed instructions on how to obtain a government
  346  issued photo identification card. In addition, the department
  347  shall give to the offender a voucher equal to the actual cost
  348  charged by the Department of Highway Safety and Motor Vehicles
  349  or its agents pursuant to s. 322.051 or s. 322.135. The voucher
  350  may be exchanged only for a government-issued photo
  351  identification card.
  352         Section 14. Subsection (1) of section 784.078, Florida
  353  Statutes, is amended to read:
  354         784.078 Battery of facility employee by throwing, tossing,
  355  or expelling certain fluids or materials.—
  356         (1) As used in this section, the term “facility” means a
  357  state correctional institution defined in s. 944.02 s.
  358  944.02(6); a private correctional facility defined in s. 944.710
  359  or under chapter 957; a county, municipal, or regional jail or
  360  other detention facility of local government under chapter 950
  361  or chapter 951; or a secure facility operated and maintained by
  362  the Department of Corrections or the Department of Juvenile
  363  Justice.
  364         Section 15. This act shall take effect July 1, 2013.