Florida Senate - 2018 SB 1206 By Senator Brandes 24-00943C-18 20181206__ 1 A bill to be entitled 2 An act relating to supervised community release; 3 amending s. 945.091, F.S.; authorizing the Department 4 of Corrections to extend the limits of confinement to 5 allow an inmate to participate in supervised community 6 release, subject to certain requirements, as 7 prescribed by the department by rule; authorizing the 8 department to terminate an inmate’s participation 9 under certain circumstances; authorizing a law 10 enforcement officer to arrest, or a probation officer 11 to arrest or request any county or municipal law 12 enforcement officer to arrest, the inmate without 13 warrant wherever he or she is found under certain 14 circumstances; requiring the law enforcement or 15 probation officer to report the alleged violations to 16 a correctional officer for disposition of disciplinary 17 charges as prescribed by the department by rule; 18 providing that participating inmates remain eligible 19 to earn or lose gain-time; providing that such inmates 20 may not be counted in the population of the prison 21 system and that their approved community-based housing 22 location may not be counted in the capacity figures 23 for the prison system; providing an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Paragraph (d) is added to subsection (1) of 28 section 945.091, Florida Statutes, to read: 29 945.091 Extension of the limits of confinement; restitution 30 by employed inmates.— 31 (1) The department may adopt rules permitting the extension 32 of the limits of the place of confinement of an inmate as to 33 whom there is reasonable cause to believe that the inmate will 34 honor his or her trust by authorizing the inmate, under 35 prescribed conditions and following investigation and approval 36 by the secretary, or the secretary’s designee, who shall 37 maintain a written record of such action, to leave the confines 38 of that place unaccompanied by a custodial agent for a 39 prescribed period of time to: 40 (d) Participate in supervised community release as 41 prescribed by the department by rule. The inmate’s participation 42 may begin 90 days before his or her provisional or tentative 43 release date. Such supervised community release must include 44 electronic monitoring and community control as defined in s. 45 948.001. 46 1. If a participating inmate fails to comply with the 47 conditions prescribed by the department by rule for supervised 48 community release, the department may terminate the inmate’s 49 supervised community release and return him or her to the same 50 or another institution designated by the department. If there 51 are reasonable grounds to believe a participating inmate has 52 violated the terms and conditions of supervised community 53 release in a material respect, a law enforcement officer who is 54 aware of the inmate’s supervised community release status may 55 arrest, or a probation officer may arrest or request any county 56 or municipal law enforcement officer to arrest, the inmate 57 without warrant wherever he or she is found. The law enforcement 58 or probation officer must report the inmate’s alleged violations 59 to a correctional officer for disposition of disciplinary 60 charges as prescribed by the department by rule. 61 2. Inmates participating in supervised community release 62 under this paragraph remain eligible to earn or lose gain-time 63 as prescribed by law and department rule, but may not be counted 64 in the population of the prison system, and the inmate’s 65 approved community-based housing location may not be counted in 66 the capacity figures for the prison system. 67 Section 2. This act shall take effect October 1, 2018.