Florida Senate - 2018                             CS for SB 1218
       By the Committee on Criminal Justice; and Senator Brandes
       591-02583-18                                          20181218c1
    1                        A bill to be entitled                      
    2         An act relating to persons awaiting trial; creating s.
    3         907.042, F.S.; providing legislative findings;
    4         requiring the Department of Corrections to develop a
    5         risk assessment instrument; authorizing the department
    6         to use or modify an existing risk assessment
    7         instrument; requiring the department to develop or
    8         modify the risk assessment instrument by a certain
    9         date; specifying requirements for the use,
   10         implementation, and distribution of the risk
   11         assessment instrument; creating the Risk Assessment
   12         Pilot Program for a specified period; specifying the
   13         participating counties; requiring each participating
   14         county’s chief correctional officer to contract with
   15         the department to administer the risk assessment
   16         instrument; requiring all counties to administer the
   17         risk assessment instrument to all persons arrested for
   18         a felony; requiring each participating county to
   19         submit a report annually by a certain date to the
   20         department with specified information; requiring the
   21         department to compile the information of the findings
   22         from the participating counties and submit an annual
   23         report by a certain date to the Governor and the
   24         Legislature; authorizing the department, in
   25         consultation with specified persons, to adopt rules;
   26         providing an effective date.
   28  Be It Enacted by the Legislature of the State of Florida:
   30         Section 1. Section 907.042, Florida Statutes, is created to
   31  read:
   32         907.042 Risk Assessment Pilot Program.—
   33         (1) LEGISLATIVE FINDINGS.—The Legislature finds that there
   34  is a need to use evidence-based methods to reduce recidivism.
   35  The Legislature finds that the use of actuarial instruments that
   36  classify offenders according to levels of risk to reoffend
   37  provides a more consistent and accurate assessment of an
   38  offender’s risk and needs. The Legislature also finds that
   39  research indicates that using accurate risk and needs assessment
   40  instruments to identify appropriate interventions and
   41  programming for offenders reduces recidivism.
   43         (a)The Department of Corrections shall develop a risk
   44  assessment instrument that conducts a criminogenic assessment
   45  for use in evaluating the proper placement and programming needs
   46  for a person who is arrested. The risk assessment instrument
   47  must consider, but need not be limited to, the following
   48  criteria:
   49         1. The nature and circumstances of the offense the person
   50  committed.
   51         2. The nature and extent of the person’s prior criminal
   52  history, if any.
   53         3. Any prior history of the person failing to appear in
   54  court.
   55         4.The person’s employment history, employability skills,
   56  and employment interests.
   57         5. The person’s educational, vocational, and technical
   58  training.
   59         6. The person’s background, including his or her family,
   60  home, and community environment.
   61         7. The person’s physical and mental health history,
   62  including any substance use.
   63         8. An evaluation of the person’s criminal thinking,
   64  criminal associates, and social awareness.
   65         (b)The Department of Corrections may use or modify an
   66  existing risk assessment instrument, if the instrument contains
   67  the criteria enumerated in paragraph (a).
   68         (c) The Department of Corrections shall complete the
   69  development or modification of a risk assessment instrument no
   70  later than March 1, 2019. The department may begin to implement
   71  the risk assessment instrument immediately upon completion.
   72  Implementation, including training all staff that will
   73  administer the risk assessment instrument, must be completed by
   74  June 30, 2019.
   75         (d) A representative of the county’s chief correctional
   76  officer shall administer the risk assessment instrument as early
   77  as reasonably possible after a person’s arrest, but no later
   78  than 10 business days after the arrest. If a person is released
   79  from jail pursuant to chapter 903 before the administration of
   80  the risk assessment instrument, the chief correctional officer,
   81  or his or her representative, must schedule and provide written
   82  notification of a date and time for the person to return to the
   83  jail for the administration of the risk assessment instrument.
   84  The date and time must be provided in writing upon the person’s
   85  pretrial release. The risk assessment instrument may be
   86  conducted by video teleconference.
   87         (e) A risk assessment instrument report must be made
   88  available to the person to whom the instrument is administered,
   89  his or her legal counsel, and the state attorney upon completion
   90  of the report. The Department of Corrections shall submit to the
   91  court the risk assessment instrument report, but the court may
   92  not review it without the consent of the person who is the
   93  subject of the report and his or her legal counsel.
   94         (3)CREATION.—Contingent upon appropriations and a contract
   95  with each participating county, it is the intent of the
   96  Legislature to establish a 3-year Risk Assessment Pilot Program
   97  to perform a risk assessment evaluation on all persons arrested
   98  for a felony in participating counties.
   99         (4) PARTICIPATING COUNTIES.—Participation in the pilot
  100  program is limited to Hillsborough, Pasco, and Pinellas
  101  Counties. Each participating county’s chief correctional officer
  102  shall enter into a 3-year contract with the Department of
  103  Corrections for the ability to utilize the risk assessment
  104  instrument that is developed in accordance with this section.
  106         (a) The participating counties shall administer the risk
  107  assessment instrument to all persons arrested for a felony and
  108  utilize the results of such risk assessment instrument as a tool
  109  for determining appropriate programming and sentencing with the
  110  goal of reducing recidivism.
  111         (b) Each county participating in the pilot program shall
  112  provide an annual report to the Department of Corrections by
  113  July 1 of each year of the pilot program which details the
  114  results of the administration of the risk assessment instrument,
  115  programming used for persons who received the assessment, and
  116  the success rate of such programming. The department shall
  117  compile the county reports and submit one annual report to the
  118  Governor, the President of the Senate, and the Speaker of the
  119  House of Representatives by October 1 of each year of the pilot
  120  program.
  121         (6)RULEMAKING.—The Department of Corrections, in
  122  consultation with a participating county’s chief correctional
  123  officer, chief judge, state attorney, and public defender, may
  124  adopt rules to administer this section.
  125         Section 2. This act shall take effect upon becoming a law.