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. 40 41 Be It Enacted by the Legislature of the State of Florida: 42 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. 98 (4) PROCEDURE UPON ADMISSION TO PROGRAM; IN-PRISON 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. 128 (5) PROCEDURE UPON COMPLETION OF IN-PRISON TREATMENT. 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.