Florida Senate - 2013                             CS for SB 1032
       By the Committee on Criminal Justice; and Senator Altman
       591-03344-13                                          20131032c1
    1                        A bill to be entitled                      
    2         An act relating to inmate reentry; amending s.
    3         322.051, F.S.; waiving the fee for identification
    4         cards issued to certain inmates; amending s. 382.0255,
    5         F.S.; requiring a waiver of fees for certain inmates
    6         receiving a copy of a birth certificate; amending s.
    7         944.605, F.S.; requiring the Department of Corrections
    8         to work with other agencies in acquiring necessary
    9         documents for certain inmates to acquire an
   10         identification card before release; providing
   11         exceptions; requiring the department to provide
   12         specified assistance to inmates born outside this
   13         state; requiring a report; amending s. 944.801, F.S.;
   14         requiring skills assessment and training; amending s.
   15         944.803, F.S.; authorizing the department to operate
   16         male and female faith- and character-based
   17         institutions; creating s. 948.0125, F.S.; directing
   18         the department to establish a reentry program for
   19         nonviolent offenders; providing eligibility and
   20         participation requirements; providing guidelines where
   21         the department shall terminate inmate’s participation
   22         in program; providing for inmate to participate in
   23         drug offender probation upon completion of in-prison
   24         reentry program; authorizing use of postadjudicatory
   25         drug court for program participant; authorizing the
   26         department to contract for services; providing that no
   27         rights are conferred upon inmates to participate in
   28         reentry program; providing for reports and rulemaking
   29         authority; providing an effective date.
   31  Be It Enacted by the Legislature of the State of Florida:
   33         Section 1. Subsection (9) of section 322.051, Florida
   34  Statutes, is amended to read:
   35         322.051 Identification cards.—
   36         (9) Notwithstanding any other provision of this section or
   37  s. 322.21 to the contrary, the department shall issue or renew a
   38  card at no charge to a person who presents evidence satisfactory
   39  to the department that he or she is homeless as defined in s.
   40  414.0252(7) or to an inmate receiving a card issued pursuant to
   41  s. 944.605(7).
   42         Section 2. Subsection (3) of section 382.0255, Florida
   43  Statutes, is amended to read:
   44         382.0255 Fees.—
   45         (3) Fees shall be established by rule. However, until rules
   46  are adopted, the fees assessed pursuant to this section shall be
   47  the minimum fees cited. The fees established by rule must be
   48  sufficient to meet the cost of providing the service. All fees
   49  shall be paid by the person requesting the record, are due and
   50  payable at the time services are requested, and are
   51  nonrefundable, except that, when a search is conducted and no
   52  vital record is found, any fees paid for additional certified
   53  copies shall be refunded. The department may waive all or part
   54  of the fees required under this section for any government
   55  entity. The department shall waive all fees required under this
   56  section for a certified copy of a birth certificate issued for
   57  purposes of an inmate acquiring a state identification card
   58  before release pursuant to s. 944.605(7).
   59         Section 3. Subsection (7) is added to section 944.605,
   60  Florida Statutes, to read:
   61         944.605 Inmate release; notification; identification card.—
   62         (7)(a) The department, working in conjunction with the
   63  Department of Health and the Department of Highway Safety and
   64  Motor Vehicles, shall provide every Florida-born inmate with a
   65  certified copy of their birth certificate and a state
   66  identification card before his or her release upon expiration of
   67  the inmate’s sentence.
   68         (b) Paragraph (a) does not apply to inmates who:
   69         1. The department determines have a valid driver license or
   70  state identification card.
   71         2. Have an active detainer, unless the department
   72  determines that cancellation of the detainer is likely or that
   73  the incarceration for which the detainer was issued will be less
   74  than 12 months in duration.
   75         3. Are released due to an emergency release or a
   76  conditional medical release under s. 947.149.
   77         4. Are not in the physical custody of the department at or
   78  within 180 days before release.
   79         5. Are subject to sex offender residency restrictions, and
   80  who, upon release under such restrictions, do not have a
   81  qualifying address.
   82         (c) The department shall assist each inmate in applying for
   83  and obtaining a social security card before release if the
   84  inmate needs a social security card.
   85         (d) The department, for purposes of assisting the inmate in
   86  obtaining a birth certificate, shall submit to the Department of
   87  Health on all Florida-born inmates in its custody, the
   88  department’s inmate photo or digitized photo, and as provided by
   89  the inmate his or her date of birth, full name at birth and any
   90  subsequent legal name changes, city or county of birth, mother’s
   91  full name including her maiden surname, and father’s full name.
   92  Failure of the inmate to cooperate with the department in
   93  providing this information may subject the inmate to
   94  disciplinary action.
   95         (e) For inmates born outside of this state, the department
   96  shall assist the inmate in completing the necessary forms or
   97  applications to obtain a social security card, driver license,
   98  or state identification card. The department shall also provide
   99  the inmate with the location and address of the appropriate
  100  licensing authority the inmate will need to obtain a valid
  101  identification card in proximity to the inmate’s release
  102  address.
  103         (f) By February 1, 2014, and annually thereafter, the
  104  department, in consultation with the Department of Highway
  105  Safety and Motor Vehicle and the Department of Health, shall
  106  provide a report to the Governor, the President of the Senate,
  107  and the Speaker of the House of Representatives that identifies
  108  the number of inmates released with and without identification
  109  cards, identifies any impediments in the implementation of this
  110  subsection, and provides recommendations to improve obtaining
  111  release documents and identification cards for all inmates.
  112         Section 4. Section 944.801, Florida Statutes is amended to
  113  create a new paragraph (j):
  114         (j) Ensure that every inmate within two years of his or her
  115  projected release date has access to skills assessment and
  116  training as defined by s. 445.06 and is offered the opportunity
  117  to complete the certificate program. The requirements of this
  118  paragraph are contingent upon and limited to the extent that
  119  funding is available and determination by the department that
  120  such access will not present a security, safety, or management
  121  risk.
  122         Section 5. Subsections (2) and (6) of section 944.803,
  123  Florida Statutes, are amended to read:
  124         944.803 Faith- and character-based programs.—
  125         (2) It is the intent of the Legislature that the department
  126  expand the faith- and character-based initiative through the use
  127  of faith- and character-based institutions. The department is
  128  encouraged to phase out the faith-based and self improvement
  129  dormitory programs and move toward the goal of only implementing
  130  faith- and character-based institutions. The department is also
  131  encouraged to dedicate and maintain faith- and character-based
  132  institutions that serve both male and female inmates at their
  133  respective institutions.
  134         (6) Within faith- and character-based institutions of the
  135  state correctional system, peer-to-peer programming shall be
  136  offered allowed, such as Alcoholics Anonymous, literacy
  137  instruction, and other activities, when appropriate.
  138         Section 6. Section 948.0125, Florida Statutes, is created
  139  to read:
  140         948.0125Reentry program sentence.—
  141         (1) PROGRAM DEVELOPMENT.—The department shall develop and
  142  implement a reentry program for nonviolent drug offenders. The
  143  program shall provide a mechanism by which an eligible,
  144  nonviolent offender for whom the reentry program has been
  145  ordered as part of his or her conditional split sentence by the
  146  court may be transitioned into the community during the last
  147  year of the sentence. The reentry program shall consist of a
  148  prison-based substance abuse treatment program for a minimum of
  149  180 days and a community-based aftercare treatment program. The
  150  reentry program may include a work-release component.
  151         (2) ELIGIBILITY.—For an offender to participate in the
  152  reentry program, the court at the time of ordering a state
  153  prison sentence must have imposed a conditional split sentence
  154  whereby the offender is ordered into the department’s reentry
  155  program that consists of an in-prison treatment component, and
  156  upon successful completion of the in-prison treatment, drug
  157  offender probation. Entry into the department’s reentry program
  158  is subject to available funding and resources of the department.
  159         (a) The sentencing court may order the offender into the
  160  department’s reentry program if the offender meets the following
  161  criteria:
  162         1. The offender’s primary offense is a felony of the third
  163  degree.
  164         2. The sentencing court, after requesting and reviewing a
  165  presentence investigation report prepared pursuant to s.
  166  921.231, has found that the offender has a substance abuse
  167  problem.
  168         3. The offender has never been convicted of:
  169         a. A forcible felony as defined in s. 776.08.
  170         b. An offense listed in s. 775.082(9)(a)1.r. without regard
  171  to prior incarceration or release.
  172         c. An offense described in chapter 847 involving a minor or
  173  a depiction of a minor.
  174         d. An offense described in chapter 827.
  175         e. Any offense described in s. 784.07, s. 784.074, s.
  176  784.075, s. 784.076, s. 784.08, s. 784.083, or s. 784.085.
  177         f. An offense involving the possession or use of a firearm.
  178         g. A capital felony or a felony of the first or second
  179  degree.
  180         h. An offense that requires a person to register as a
  181  sexual offender pursuant to s. 943.0435.
  182         i. An offense that includes as an element of that offense
  183  the sale of a controlled substance.
  184         j. An offense in another jurisdiction that would be an
  185  offense described in this subparagraph if that offense had been
  186  committed in this state.
  187         (b) Placement on drug offender probation shall be
  188  conditioned upon the offender’s successful completion of the in
  189  prison treatment component of the program.
  191  an offender meets the eligibility criteria under subsection (2),
  192  the sentencing court may order the reentry program at the time
  193  of sentencing. Admission into the reentry program, and an
  194  offender’s continued participation in the program, is not a
  195  right. Accordingly, a sentencing court is not required to
  196  sentence an offender to the reentry program and an offender,
  197  based upon conduct in prison, may lose eligibility to continue
  198  participating in the reentry program.
  200  TREATMENT.—If the sentencing court orders the offender into the
  201  reentry program, the department shall, subject to available
  202  funding and resources, place the offender into the in-prison
  203  treatment component not more than 9 months before the end of the
  204  offender’s incarceration portion of the split sentence,
  205  including any gain time accrued.
  206         (a) Before the offender completes the in-prison treatment
  207  component, the department shall evaluate the offender’s needs
  208  for community placement and develop a postrelease treatment plan
  209  that includes substance abuse aftercare services.
  210         (b) An offender in the in-prison component of the reentry
  211  program is subject to the rules of conduct established by the
  212  department and may have sanctions imposed, including loss of
  213  privileges, restrictions, disciplinary confinement, forfeiture
  214  of gain-time or the right to earn gain-time in the future,
  215  alteration of release plans, termination from the reentry
  216  program, or other program modifications in keeping with the
  217  nature and gravity of the program violation. The department may
  218  place an offender in the reentry program in an administrative or
  219  protective confinement, as necessary. Except as provided in
  220  paragraph (c), the offender shall be readmitted to the reentry
  221  program after completing the ordered discipline.
  222         (c) The department shall terminate an offender from the
  223  reentry program if:
  224         1. The offender commits a violent act;
  225         2. The department determines that the offender is unable to
  226  participate in the reentry program due to the offender’s medical
  227  condition;
  228         3. The offender’s sentence is modified or expires;
  229         4. The department reassigns the offender’s classification
  230  status; or
  231         5. The department determines that removing the offender
  232  from the reentry program is in the best interest of the offender
  233  or the security of the institution.
  234         (d) An offender must serve at least 85 percent of the
  235  incarceration portion of the conditional split sentence before
  236  being released to drug offender probation. If the offender does
  237  not successfully complete the in-prison treatment component of
  238  the reentry program, the drug offender probation portion of the
  239  conditional split sentence becomes a term of imprisonment to be
  240  served while incarcerated. The offender must then serve at least
  241  85 percent of the total term of imprisonment.
  243  Following successful completion of the in-prison treatment
  244  component, the offender shall be transitioned into the community
  245  to serve the drug offender probation portion of the offender’s
  246  conditional split sentence.
  247         (a) While in the community, the offender shall be subject
  248  to all standard terms of probation under s. 948.03, and of drug
  249  offender probation under s. 948.20, a special condition of
  250  supervision ordered by the sentencing court, including
  251  participation in an aftercare substance abuse program, residence
  252  in a postrelease transitional residential halfway house, or
  253  other appropriate form of supervision or treatment.
  254         (b) Violation of a condition or order may result in
  255  revocation of supervision by the court and imposition of a
  256  sentence that is authorized by law, subject to time served in
  257  prison.
  258         (c) If there is a postadjudicatory drug court program as
  259  described in s. 397.334 in the county of the sentencing court,
  260  or the county to which the offender returns, and the drug court
  261  is willing to accept the case, the offender’s case shall be
  262  transferred to the drug court for supervision for the probation
  263  portion of the offender’s split sentence. The drug court judge
  264  shall be deemed the sentencing judge for purposes of ensuring
  265  compliance with this section.
  266         (d) While on drug offender probation, the department shall
  267  collect from the offender the cost of supervision as provided
  268  for in s. 948.09. An offender who is financially able shall also
  269  pay all costs of his or her drug rehabilitation, including drug
  270  testing fees. The sentencing judge may impose on the offender
  271  additional conditions requiring payment of court costs and
  272  fines, public service, and compliance with other court-ordered
  273  special conditions.
  274         (6) CONTRACTORS.—The department may develop and enter into
  275  performance-based contracts with qualified individuals,
  276  agencies, or corporations to supply any or all services provided
  277  in the reentry program. The department may establish incentives
  278  within the reentry program to promote participation by private
  279  sector employers in the rehabilitative reentry programs and the
  280  orderly operation of institutions and facilities.
  281         (7) NO RIGHTS CONFERRED UPON OFFENDERS.—This section does
  282  not create or confer a right to an offender to placement in the
  283  reentry program or a right to placement or early-release under
  284  supervision of any type. An offender does not have a cause of
  285  action against the department, a court, the state attorney, or a
  286  victim related to placement in or continued participation in the
  287  reentry program.
  288         (8) REPORTING.—The department shall, as part of its annual
  289  report, provide a detailed account of the department’s
  290  implementation of the reentry program, the number of offenders
  291  sentenced to the program, the number of inmates who successfully
  292  complete the in-prison portion of the program, the number of
  293  inmates who successfully complete the drug offender probation,
  294  and recidivism numbers for inmates who have participated in the
  295  reentry program.
  296         (9) RULEMAKING.—The department may adopt rules to implement
  297  this section.
  298         Section 7. This act shall take effect July 1, 2013.