Florida Senate - 2013                                     SB 880
       By Senator Ring
       29-00945A-13                                           2013880__
    1                        A bill to be entitled                      
    2         An act relating to offender reentry programs; creating
    3         s. 397.755, F.S.; directing the Department of
    4         Corrections to create a reentry program; providing
    5         eligibility criteria for the program; requiring a
    6         recommendation for reentry at the time of sentencing
    7         in order for the offender to participate in the
    8         program; clarifying that the sentencing court is not
    9         required to recommend reentry; requiring the
   10         department to place the offender into the in-prison
   11         treatment component at a specified time; directing the
   12         department to prepare a postrelease treatment plan;
   13         requiring that the offender be examined by the
   14         appropriate personnel in the case of medical or other
   15         problems; providing that an offender in the in-prison
   16         component is subject to the rules of conduct
   17         established by the department and may have sanctions
   18         imposed, including loss of privileges and protective
   19         confinement; providing requirements before
   20         transitioning the offender into the community;
   21         requiring the offender to abide by the order of
   22         supervision and the rules of the department; providing
   23         that violation of any condition or order may result in
   24         imposition of any authorized sentenced by the court;
   25         providing that the offender’s case will be transferred
   26         to drug court, if applicable; providing that the
   27         department is responsible for collecting the cost of
   28         supervision from the offender, including court costs
   29         and fines; authorizing the department to develop
   30         performance-based contracts to supply services to the
   31         program; permitting the department to establish a
   32         system of incentives in the program to promote
   33         participation in reentry programs; providing that the
   34         section does not confer any right to placement in the
   35         reentry program; directing the department to track
   36         recidivism and recommitment of offenders who have
   37         participated in the program; requiring an annual
   38         report to the Governor and Legislature; authorizing
   39         rulemaking; providing an effective date.
   41  Be It Enacted by the Legislature of the State of Florida:
   43         Section 1. Section 397.755, Florida Statutes, is created to
   44  read:
   45         397.755 Offender reentry programs.
   46         (1)PROGRAM DEVELOPMENT.The department shall develop and
   47  administer a reentry program for offenders. The program must
   48  provide a mechanism by which an eligible, nonviolent, low-risk
   49  offender who poses a minimal foreseeable risk to the public and
   50  for whom the reentry program has been ordered as part of his or
   51  her sentence may be transitioned into the community during the
   52  last year of the sentence. The reentry program must consist of
   53  an in-prison treatment component for substance abuse or mental
   54  health or co-occurring disorders for a minimum of 90 days and a
   55  community-based aftercare treatment program. The reentry program
   56  must be specifically designed to be intensive and may have a
   57  work-release component as part of the program. The in-prison
   58  treatment component may be operated in secure areas in or
   59  adjacent to an adult institution, a community residential
   60  facility, or a work-release center.
   61         (2)ELIGIBILITY.For the offender to participate in the
   62  reentry program, the sentencing court must order the reentry
   63  program and conditional drug offender probation at sentencing to
   64  alert the department of the offender’s eligibility.
   65         (a)An offender is eligible for admission to the program
   66  if:
   67         1.The primary offense is a felony of the third degree or
   68  second degree for a purchase of a controlled substance;
   69         2.The offender has never been convicted of:
   70         a. A forcible felony as defined in s. 776.08;
   71         b. An offense listed in s. 775.082(9)(a), without regard to
   72  prior incarceration or release;
   73         c. An offense described in chapter 847 involving a minor or
   74  a depiction of a minor;
   75         d. An offense described in chapter 827;
   76         e. An offense described in s. 784.07, s. 784.074, s.
   77  784.075, s. 784.076, s. 784.08, s. 784.083, or s. 784.085;
   78         f. An offense involving the possession or use of a firearm;
   79         g. A capital felony or a felony of the first or second
   80  degree; or
   81         h. An offense that requires a person to register as a
   82  sexual offender pursuant to s. 943.0435;
   83         3.The offender is not the subject of a domestic violence
   84  injunction currently in force;
   85         4.The offender is in need of substance abuse or mental
   86  health treatment services; and
   87         5.The department has placed the offender in minimum or
   88  community custody status.
   89         (b)Placement on drug offender probation shall be
   90  conditioned upon the offender’s successful completion of the in
   91  prison treatment component.
   92         (3)ADMISSION INTO PROGRAM.If an offender meets the
   93  criteria for program admission under subsection (2), the
   94  sentencing court may order the reentry program at the time of
   95  sentencing. Admission into the reentry program is not a right;
   96  accordingly, the sentencing court is not required to sentence an
   97  offender to the reentry program.
   99  TREATMENT.If the sentencing court orders the offender into the
  100  reentry program, the department shall place the offender into
  101  the in-prison treatment component no later than 120 days before
  102  the beginning of the last year of the offender’s sentence,
  103  including any gain-time accrued.
  104         (a)Before the offender completes the in-prison treatment
  105  component, the department shall evaluate the offender’s needs
  106  for community placement and develop a postrelease treatment plan
  107  that includes aftercare substance abuse or mental health
  108  services.
  109         (b)If, at any time after placement in the reentry program,
  110  the offender appears unable to participate due to medical or
  111  other causes, he or she must be examined by qualified medical
  112  personnel or qualified nonmedical personnel appropriate for the
  113  offender’s situation, as determined by the department. The
  114  qualified personnel shall consult with the director of the
  115  reentry program, and the director shall determine if the
  116  offender may continue with treatment or be discharged from the
  117  reentry program.
  118         (c)An offender in the in-prison treatment component of the
  119  reentry program is subject to the rules of conduct established
  120  by the department and may have sanctions imposed, including loss
  121  of privileges, restrictions, disciplinary confinement,
  122  forfeiture of gain-time or the right to earn gain-time in the
  123  future, alteration of release plans, termination from the
  124  reentry program, and other program modifications, in keeping
  125  with the nature and gravity of the program violation. The
  126  department may place an offender in the reentry program in an
  127  administrative or protective confinement, as necessary.
  129  Following successful completion of the in-prison treatment
  130  component, the offender shall be transitioned into the community
  131  on drug offender probation for the last year of his or her
  132  sentence.
  133         (a)While in the community, the offender is subject to all
  134  standard terms of drug offender probation under s. 948.20, any
  135  special conditions of supervision ordered by the sentencing
  136  court, including participation in an aftercare substance abuse
  137  or mental health program, residence in a postrelease
  138  transitional halfway house, or any other appropriate form of
  139  supervision or treatment.
  140         (b)Violation of any condition or order may result in
  141  revocation or supervision by the court and imposition of any
  142  sentence that is authorized by law, subject to time served in
  143  prison.
  144         (c)If there is a drug court in the county of the
  145  sentencing court, or the county to which the offender returns,
  146  and the drug court is willing to accept the case, the offender’s
  147  case shall be transferred to the drug court for supervision for
  148  the last year of his or her sentence. The drug court judge shall
  149  be deemed the sentencing judge for purposes of ensuring
  150  compliance with this section.
  151         (d)While on drug offender probation, the department shall
  152  collect from the offender the cost of supervision as provided in
  153  s. 948.09. An offender who is financially able shall also pay
  154  all costs of his or her drug rehabilitation. The sentencing
  155  judge may impose on the offender additional conditions requiring
  156  payment of courts costs and fines, public service, and
  157  compliance with other court-ordered special conditions.
  158         (6)DEPARTMENT DUTIES.The department shall, within
  159  available resources, administer the reentry program to the
  160  fullest extent feasible within the provisions of this section.
  161         (7)CONTRACTORS.The department may develop and enter into
  162  performance-based contracts with qualified individuals,
  163  agencies, or corporations to supply any services provided in the
  164  reentry program. However, a contract may not be executed or
  165  renewed unless the contract offers substantial savings to the
  166  department. The department may establish a system of incentives
  167  within the reentry program to promote participation by private
  168  sector employers in the reentry programs and in the orderly
  169  operation of institutions and facilities.
  170         (8)NO RIGHTS CONFERRED UPON OFFENDERS.This section does
  171  not create or confer any right to any offender to placement in
  172  the reentry program or any right to early release under
  173  supervision of any type. An offender does not have a cause of
  174  action against the department, a court, the state attorney, or a
  175  victim related to the reentry program.
  176         (9)REPORTING.The department shall develop a computerized
  177  system to track recidivism and recommitment of offenders who
  178  have participated in the reentry program. Beginning October 1,
  179  2014, and no later than October 1 of each year thereafter, the
  180  department shall submit an annual report of the results of the
  181  collected data to the Governor, the President of the Senate, and
  182  the Speaker of the House of Representatives.
  183         (10)RULEMAKING.The department may adopt rules pursuant to
  184  ss. 120.536(1) and 120.54 to administer the provisions of this
  185  section.
  186         Section 2. This act shall take effect July 1, 2013.