Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 1206
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Criminal Justice (Brandes) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (d) is added to, and paragraph (b) of
    6  subsection (1) of section 945.091, Florida Statutes, is amended,
    7  to read:
    8         945.091 Extension of the limits of confinement; restitution
    9  by employed inmates.—
   10         (1) The department may adopt rules permitting the extension
   11  of the limits of the place of confinement of an inmate as to
   12  whom there is reasonable cause to believe that the inmate will
   13  honor his or her trust by authorizing the inmate, under
   14  prescribed conditions and following investigation and approval
   15  by the secretary, or the secretary’s designee, who shall
   16  maintain a written record of such action, to leave the confines
   17  of that place unaccompanied by a custodial agent for a
   18  prescribed period of time to:
   19         (b) Work at paid employment, participate in an education or
   20  a training program, or voluntarily serve a public or nonprofit
   21  agency or faith-based service group in the community, while
   22  continuing as an inmate of the institution or facility in which
   23  the inmate is confined, except during the hours of his or her
   24  employment, education, training, or service and traveling
   25  thereto and therefrom. An inmate may travel to and from his or
   26  her place of employment, education, or training only by means of
   27  walking, bicycling, or using public transportation or
   28  transportation that is provided by a family member or employer.
   29  Contingent upon specific appropriations, the department may
   30  transport an inmate in a state-owned vehicle if the inmate is
   31  unable to obtain other means of travel to his or her place of
   32  employment, education, or training.
   33         1. An inmate may participate in paid employment only during
   34  the last 36 months of his or her confinement, unless sooner
   35  requested by the Florida Commission on Offender Review or the
   36  Control Release Authority.
   37         2. An inmate who may not otherwise be approved for release
   38  under this paragraph due to a higher custody level or other risk
   39  factor may be released and placed on an electronic monitoring
   40  device. The department must administer a risk assessment tool to
   41  appropriately determine such inmate's ability to be released
   42  with electronic monitoring for work, educational, or training
   43  purposes.
   44         32. While working at paid employment and residing in the
   45  facility, an inmate may apply for placement at a contracted
   46  substance abuse transition housing program. The transition
   47  assistance specialist shall inform the inmate of program
   48  availability and assess the inmate’s need and suitability for
   49  transition housing assistance. If an inmate is approved for
   50  placement, the specialist shall assist the inmate. If an inmate
   51  requests and is approved for placement in a contracted faith
   52  based substance abuse transition housing program, the specialist
   53  must consult with the chaplain before such placement. The
   54  department shall ensure that an inmate’s faith orientation, or
   55  lack thereof, will not be considered in determining admission to
   56  a faith-based program and that the program does not attempt to
   57  convert an inmate toward a particular faith or religious
   58  preference.
   59         (d) Participate in supervised community release as
   60  prescribed by the department by rule. The inmate’s participation
   61  may begin 90 days before his or her provisional or tentative
   62  release date. Such supervised community release must include
   63  electronic monitoring and community control as defined in s.
   64  948.001. The department must administer a risk assessment tool
   65  to appropriately determine an inmate's ability to be released
   66  pursuant to this paragraph.
   67         1.If a participating inmate fails to comply with the
   68  conditions prescribed by the department by rule for supervised
   69  community release, the department may terminate the inmate’s
   70  supervised community release and return him or her to the same
   71  or another institution designated by the department. A law
   72  enforcement officer or a probation officer may arrest the inmate
   73  without a warrant in accordance with s. 948.06, if there are
   74  reasonable grounds to believe he or she has violated the terms
   75  and conditions of supervised community release. The law
   76  enforcement officer or probation officer must report the
   77  inmate’s alleged violations to a correctional officer for
   78  disposition of disciplinary charges as prescribed by the
   79  department by rule.
   80         2.Inmates participating in supervised community release
   81  under this paragraph remain eligible to earn or lose gain-time
   82  as prescribed by law and department rule, but may not be counted
   83  in the population of the prison system, and the inmate’s
   84  approved community-based housing location may not be counted in
   85  the capacity figures for the prison system.
   86         Section 2. Section 948.33, Florida Statutes, is created to
   87  read:
   88         948.33Prosecution for violation of probation and community
   89  control arrest warrants of state prisoners.—A prisoner in a
   90  state prison in this state who has an unserved violation of
   91  probation or an unserved violation of community control warrant
   92  for his or her arrest may file a state prisoner's notice of
   93  unserved warrant in the circuit court of the judicial circuit in
   94  which the unserved warrant was issued. The prisoner must also
   95  serve notice on the state attorney of that circuit. The circuit
   96  court shall schedule the notice for a status hearing within 90
   97  days after receipt of the notice. The state prisoner may not be
   98  transported to the status hearing. At the status hearing, the
   99  state attorney shall inform the court as to whether there is an
  100  unserved violation of probation warrant or an unserved violation
  101  of community control warrant for the arrest of the state
  102  prisoner. If a warrant for either violation exists, the court
  103  must enter an order within 30 days after the status hearing for
  104  the transport of the state prisoner to the county jail of the
  105  county that issued the warrant for prosecution of the violation,
  106  and the court shall send the order to the county sheriff for
  107  execution.
  108         Section 3. This act shall take effect October 1, 2018.
  110  ================= T I T L E  A M E N D M E N T ================
  111  And the title is amended as follows:
  112         Delete everything before the enacting clause
  113  and insert:
  114                        A bill to be entitled                      
  115         An act relating to state inmates; amending s. 945.091,
  116         F.S.; authorizing the Department of Corrections to
  117         extend the limits of confinement to allow an inmate
  118         that may not otherwise qualify for work release to be
  119         released on electronic monitoring; requires the
  120         department to utilize a risk assessment tool to
  121         determine appropriateness for release on electronic
  122         monitoring; authorizing the department to extend the
  123         limits of confinement to allow an inmate to
  124         participate in supervised community release, subject
  125         to certain requirements, as prescribed by the
  126         department by rule; requires the department to utilize
  127         a risk assessment tool to determine appropriateness
  128         for release on electronic monitoring; authorizing the
  129         department to terminate an inmate’s participation
  130         under certain circumstances; authorizing a law
  131         enforcement or a probation officer to arrest an inmate
  132         without warrant in accordance with authority granted
  133         in s. 948.06, F.S.; requiring the law enforcement or
  134         probation officer to report the alleged violations to
  135         a correctional officer for disposition of disciplinary
  136         charges as prescribed by the department by rule;
  137         providing that participating inmates remain eligible
  138         to earn or lose gain-time; providing that such inmates
  139         may not be counted in the population of the prison
  140         system and that their approved community-based housing
  141         location may not be counted in the capacity figures
  142         for the prison system; creating s. 948.33, F.S.;
  143         authorizing a prisoner in a state prison who has an
  144         unserved violation of probation or an unserved
  145         violation of community control warrant to file a
  146         notice of unserved warrant in the circuit court where
  147         the warrant was issued; requiring the prisoner to
  148         serve notice on the state attorney; requiring the
  149         circuit court to schedule a status hearing within a
  150         certain time after receiving notice; specifying
  151         procedures and requirements for the status hearing;
  152         providing for prosecution of the violation; requiring
  153         the court to send the order to the county sheriff;
  154         providing an effective date.