Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. SB 1222 Ì415846BÎ415846 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (Brandes) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 948.0121, Florida Statutes, is created 6 to read: 7 948.0121 Probationary split sentences for substance use or 8 mental health offenders.— 9 (1) DEFINITIONS.—For purposes of this section: 10 (a) “Department” means the Department of Corrections; and 11 (b) “Offender” means a person sentenced by the court on a 12 felony offense to the probationary split sentence for substance 13 use or mental health offenders as proscribed in this section. 14 (2) CREATION.—A probationary split sentence for substance 15 use or mental health offenders is established in accordance with 16 s. 948.012. A court may sentence an offender to such 17 probationary split sentence in accordance with this section. 18 (3) ELIGIBILITY.—For an offender to be sentenced by the 19 court to a probationary split sentence pursuant to this section, 20 the offender shall be a nonviolent offender that is in need of 21 substance use or mental health treatment and who does not pose a 22 danger to the community. For purposes of this section, 23 nonviolent offender means an offender that has never been 24 convicted of, or pled guilty or no contest to, the commission 25 of, an attempt to commit, or a conspiracy to commit any of the 26 following: 27 (a) A capital, life, or first degree felony; 28 (b) A second degree or third degree felony listed in s. 29 775.084(1)(c)1.; 30 (c) A violation of ss. 784.021, 784.07, 827.03, or 843.01, 31 or any offense that requires a person to register as a sex 32 offender in accordance with s. 943.0435; 33 (d) A violation of an offense for which the sentence was 34 enhanced under s. 775.087; or 35 (e) A violation of an offense in another jurisdiction which 36 would be an offense described in this subsection, or which would 37 have been enhanced under s. 775.087, if that offense had been 38 committed in this state. 39 (4) SENTENCING REQUIREMENTS.—As a condition of a 40 probationary split sentence for substance use or mental health 41 offenders, the court shall order that the offender, at a minimum 42 serve: 43 (a) A term of imprisonment, which must include an in-prison 44 treatment program for substance use, mental health, or co 45 occurring disorders that is a minimum of 90-days in-custody 46 treatment and is administered by the department at a department 47 facility; 48 (b) The remainder of his or her imprisonment in a 49 department facility in the event the department finds that the 50 offender is ineligible or not appropriate for placement in an 51 in-custody treatment program for the reasons proscribed in 52 subsection (7), or any other reason the department deems as good 53 cause; and 54 (c) A term of probation of 24 months that consists of: 55 1. Either drug offender or mental health probation to be 56 determined by the court at the time of sentencing; 57 2. Any special conditions of probation ordered by the 58 sentencing court; and 59 3. Any recommendations made by the department in a 60 postrelease treatment plan for substance use or mental health 61 aftercare services. 62 (5) PRESENTENCE INVESTIGATION REPORT.—For any offender that 63 the court believes may be sentenced under this section, the 64 court may order the department to conduct a presentence 65 investigation report in accordance with s. 921.231 to provide 66 the court with appropriate information to make a determination 67 at the time of sentencing of whether drug offender or mental 68 health probation is most appropriate for the offender. 69 (6) DEPARTMENT DUTIES.—The department: 70 (a) Shall administer treatment programs that comply with 71 the type of treatment required in this section. 72 (b) May develop and enter into performance-based contracts 73 with qualified individuals, agencies, or corporations to provide 74 any or all services necessary for the in-custody treatment 75 program. Such contract may not be entered into or renewed unless 76 it offers a substantial savings to the department. The 77 department may establish a system of incentives within the in 78 custody treatment program to promote participation in 79 rehabilitative programs and the orderly operation of 80 institutions and facilities. 81 (c) Shall provide a special training program for staff 82 members selected to administer or implement the in-custody 83 treatment program. 84 (d) Shall evaluate the offender’s needs and develop a 85 postrelease treatment plan that includes substance use or mental 86 health aftercare services. 87 (7) IN-PRISON TREATMENT.— 88 (a) The department shall give written notification of the 89 offender’s admission into the in-prison treatment program 90 portion of the probationary split sentence to the sentencing 91 court, state attorney, defense counsel for the offender, and any 92 victim of the crime committed by the offender. 93 (b) If, after evaluating an offender for custody and 94 classification status, the department determines at any point 95 during the term of imprisonment that an offender sentenced under 96 this section does not meet the criteria for placement in the in 97 prison treatment program portion of the probationary split 98 sentence as determined in rule by the department, or space is 99 not available for the offender’s placement in the in-prison 100 treatment program, the department shall notify the court, state 101 attorney, and defense counsel immediately that this portion of 102 the sentence is served in accordance with paragraph (4)(b). 103 (c) If, after placement in the in-prison treatment program, 104 an offender appears to be unable to participate due to medical 105 or other reasons, he or she must be examined by qualified 106 medical personnel or qualified nonmedical personnel appropriate 107 for the offender’s situation, as determined by the department. 108 The qualified personnel shall consult with the director of the 109 in-prison treatment program, and the director shall determine if 110 the offender will continue with treatment or if the offender is 111 discharged from the program. If the director discharges the 112 offender from the treatment program, the department shall notify 113 the court, state attorney, and defense counsel immediately that 114 this portion of the sentence is served in accordance with 115 paragraph (4)(b). 116 (d) If, after placement in the in-prison treatment program, 117 an offender appears to be unable to participate due to 118 disruptive behavior or violations of any of the rules 119 promulgated by the department for the implementation of this 120 section, the director shall determine if the offender will 121 continue with treatment or if the offender is discharged from 122 the program. If the director discharges the offender from the 123 treatment program, the department shall notify the court, state 124 attorney, and defense counsel immediately that this portion of 125 the sentence is served in accordance with paragraph (4)(b). 126 (e) An offender participating in the in-prison treatment 127 program portion of his or her imprisonment must comply with any 128 additional requirements placed on the participants by the 129 department in rule. If an offender violates any of the rules, he 130 or she may have sanctions imposed, including loss of privileges, 131 restrictions, disciplinary confinement, forfeiture of gain-time 132 or the right to earn gain-time in the future, alteration of 133 release plans, termination from the in-prison treatment program, 134 or other program modifications in keeping with the nature and 135 gravity of the program violation. The department may place an 136 inmate in the in-prison treatment program in an administrative 137 or protective confinement, as necessary. 138 (8) DRUG OFFENDER OR MENTAL HEALTH PROBATION.— 139 (a) Upon completion of the term of imprisonment ordered by 140 the court, the offender shall be transitioned into the community 141 to his or her drug offender or mental health probation for a 142 term of 24 months as ordered by the court at the time of 143 sentencing in accordance with subsection (4). 144 (b) An offender on drug offender or mental health probation 145 pursuant to a probationary split sentence ordered pursuant to 146 this section must comply with all standard conditions of drug 147 offender or mental health probation, any special condition of 148 probation ordered by the sentencing court, including 149 participation in an aftercare substance abuse or mental health 150 program, residence in a postrelease transitional residential 151 halfway house, or any other appropriate form of supervision or 152 treatment. 153 (c) While on probation pursuant to this subsection, the 154 offender shall pay all appropriate costs of probation to the 155 department. An offender who is determined to be financially able 156 to shall also pay all costs of substance abuse or mental health 157 treatment. The court may impose on the offender additional 158 conditions requiring payment of restitution, court costs, and 159 fines, community service, or compliance with other special 160 conditions. 161 (d) An offender’s violation of any condition or order may 162 result in revocation of probation by the court and imposition of 163 any sentence authorized under the law, with credit given for the 164 time already served in prison. 165 (9) REPORTING.—The department shall develop a computerized 166 system to track data on the recidivism and recommitment of 167 offenders who have been sentenced to the probationary split 168 sentence for substance use or mental health offenders. On 169 October 1, 2019, and on each October 1 thereafter, the 170 department shall submit an annual report of the results of the 171 collected data to the Governor, the President of the Senate, and 172 the Speaker of the House of Representatives. 173 (10) RULEMAKING.—The department shall adopt rules pursuant 174 to ss. 120.536(1) and 120.54 to administer this section. 175 Section 3. This act shall take effect October 1, 2018. 176 177 ================= T I T L E A M E N D M E N T ================ 178 And the title is amended as follows: 179 Delete everything before the enacting clause 180 and insert: 181 A bill to be entitled 182 An act relating to sentencing; creating s. 948.0121, 183 F.S.; providing definitions; creating a probationary 184 split sentence for substance use and mental health 185 offenders in accordance with s. 948.012, F.S.; 186 authorizing the court to sentence an offender to the 187 probationary split sentence; providing an eligible 188 offender must be a nonviolent offender; defining the 189 term “nonviolent offender”; providing sentencing 190 requirements for the probationary split sentence; 191 providing an exception to the court’s order of a 192 probationary split sentence; authorizing the 193 sentencing court to have the Department of Corrections 194 conduct a presentence investigation report in 195 accordance with s. 921.231, F.S., for the purpose of 196 providing the court with appropriate information to 197 determine the type of probation is most appropriate 198 for the offender; requiring the department to perform 199 specified duties; requiring the department to provide 200 written notification to specified parties upon the 201 offender’s admission into the in-prison treatment 202 program; providing that the department may find an 203 offender is not eligible to participate in the in 204 prison treatment program under certain circumstances; 205 requiring written notification from the department to 206 the specified parties if an offender is terminated 207 from or prevented from entering the in-prison 208 treatment program; providing an offender is 209 transitioned to probation upon the completion of the 210 offender’s imprisonment; requiring an offender to 211 comply with specified terms of drug offender or mental 212 health probation; requiring the offender to pay 213 specified fees associated with his or her probation; 214 providing that a violation of the probation may result 215 in revocation by the court and imposition of any 216 sentence under the law; providing for credit of time 217 served for a sentence that is revoked; providing 218 reporting requirements; providing rulemaking 219 authority; providing an effective date.