Florida Senate - 2018 SB 1222 By Senator Brandes 24-01180-18 20181222__ 1 A bill to be entitled 2 An act relating to an inmate reentry program; creating 3 s. 397.755, F.S.; requiring the Department of 4 Corrections to administer a reentry program for 5 certain inmates with substance abuse, mental health, 6 or co-occurring disorders; establishing that the 7 reentry program consists of an in-prison treatment 8 program and a community-based aftercare treatment 9 program; requiring the sentencing court to issue a 10 recommendation for an inmate’s participation in the 11 reentry program in a sentencing order; requiring the 12 department to consider inmates for admission to the 13 reentry program; providing factors for consideration; 14 providing eligibility criteria for participation in 15 the program; requiring the department to give written 16 notification of the inmate’s admission into the 17 reentry program to the sentencing court and specified 18 persons; specifying that the department may refuse to 19 place an inmate in the reentry program for good cause; 20 requiring the department to develop a postrelease 21 treatment plan before an inmate completes in-prison 22 treatment; providing a procedure for an inmate who 23 appears to become unable to participate in the reentry 24 program; authorizing sanctions to be imposed on an 25 inmate who violates rules of conduct established by 26 department rule; authorizing the department to place 27 an inmate in the reentry program in an administrative 28 or protective confinement; providing that an inmate 29 shall be immediately transitioned into the community 30 on drug offender-mental health probation following his 31 or her completion of the in-prison treatment program; 32 providing that an inmate in the reentry program who is 33 on such probation is subject to the standard terms of 34 probation and any special condition ordered by the 35 sentencing court; requiring an inmate’s case to be 36 transferred to a drug court or mental health court if 37 the sentencing county has such a court and is willing 38 to accept the case; requiring the department to 39 collect the cost of supervision from the inmate, as 40 appropriate; requiring the inmate to comply with all 41 conditions of his or her supervision and related court 42 orders; specifying that a violation of such conditions 43 or orders may result in revocation of supervision by 44 the court and imposition of a sentence; requiring an 45 inmate who is on probation as part of the reentry 46 program to pay all appropriate costs of supervision to 47 the department; requiring a financially able inmate to 48 pay all costs of substance abuse or mental health 49 treatment; authorizing the supervising court to impose 50 additional conditions on the inmate, such as requiring 51 the payment of restitution, the payment of court costs 52 and fines, or community service; specifying that time 53 spent on probation as part of the reentry program is 54 considered in-custody time for purposes of calculating 55 gain-time; requiring the department to implement the 56 program, within available resources, to the fullest 57 extent possible; requiring the department to provide 58 special training to employees serving in the reentry 59 program; authorizing the department to develop and 60 enter into certain performance-based contracts to 61 supply services through the program; authorizing the 62 department to establish a system of incentives in the 63 program to promote participation in rehabilitative 64 programs and the orderly operation of institutions and 65 facilities; clarifying that this act does not confer 66 any right to placement in the reentry program or early 67 release; specifying that an inmate has no cause of 68 action for actions taken in the administration of the 69 reentry program; requiring the department to develop a 70 computerized system to track data on the recidivism 71 and recommitment of inmates who have participated in 72 the reentry program; requiring the department to 73 submit an annual report on such data to the Governor 74 and the Legislature by a specified date; requiring the 75 department to adopt rules; requiring the Office of 76 Program Policy Analysis and Government Accountability 77 to provide a report to the Legislature before a 78 specified date; providing an effective date. 79 80 Be It Enacted by the Legislature of the State of Florida: 81 82 Section 1. Section 397.755, Florida Statutes, is created to 83 read: 84 397.755 Reentry program.— 85 (1) PROGRAM DEVELOPMENT.—The department shall administer a 86 reentry program by which an eligible, nonviolent, low-risk 87 inmate, who poses a minimal foreseeable risk to the public and 88 for whom the reentry program has been ordered as part of his or 89 her sentence, may be transitioned into the community during the 90 last 2 years of the sentence. The reentry program consists of at 91 least 90 days of participation in an in-prison treatment program 92 for substance abuse, mental health, or co-occurring disorders, 93 followed by a community-based aftercare treatment program. In 94 prison treatment may be operated in secure areas within or 95 adjacent to an adult institution, a community residential 96 facility, or a work release center. The reentry program must be 97 intensive and may include a work-release component. 98 (2) ELIGIBILITY.—The sentencing court must include a 99 recommendation for an inmate’s participation in the reentry 100 program in the sentencing order to alert the department as to 101 such inmate’s preliminary eligibility when it screens incoming 102 inmates to determine their preliminary eligibility for the 103 reentry program. The department shall then consider the inmate 104 for admission to the reentry program. In considering the 105 inmate’s admission to the reentry program, the department may 106 consider an inmate’s criminal history, need for substance abuse 107 or mental health treatment, general rehabilitative interests, 108 and potential risk to the public. The department may consider 109 comments of a victim and its own operational needs. 110 (a) An inmate is ineligible for consideration for admission 111 to the program if: 112 1. The inmate was sentenced to a term of 10 years or more; 113 2. Whether related to the current term of incarceration, or 114 a previous term of incarceration, the inmate was convicted of or 115 pled guilty or no contest to: 116 a. Any capital, life, or first degree felony; 117 b. Any second degree or third degree felony offense listed 118 in s. 775.084(1)(c)1.; 119 c. Any offense listed in s. 784.07, s. 784.021, s. 827.03, 120 or s. 843.01 or any offense that makes a person subject to sex 121 offender registration under s. 943.0435; 122 d. Any offense for which the sentence was enhanced under s. 123 775.087; or 124 e. Any offense in another jurisdiction which would be an 125 offense described in sub-subparagraphs a.-c., or which would 126 have been enhanced under s. 775.087, if that offense had been 127 committed in this state. 128 (b) An inmate is eligible for consideration for admission 129 to the program if: 130 1. The inmate is not ineligible under paragraph (a). 131 2. The inmate is in need of substance abuse or mental 132 health treatment. 133 3. The reentry program is ordered as part of the inmate’s 134 sentence. 135 4. The department has placed the inmate in minimum or 136 community custody status. 137 5. The inmate otherwise meets the criteria for placement as 138 determined by the department. The criteria shall include, but is 139 not limited to, consideration of the inmate’s criminal history, 140 need for substance abuse or mental health treatment, general 141 rehabilitative interests, and potential risk to the public and 142 the operational needs of the department. 143 (3) ADMISSION INTO PROGRAM.—If an inmate meets the criteria 144 for program admission under subsection (2), the department 145 approves the inmate for entry into the program, and space is 146 available, the department shall give written notification of the 147 inmate’s admission into the program to the sentencing court, 148 state attorney, counsel for the inmate, and any victim of the 149 crime committed by the inmate. The department may refuse to 150 place an inmate in the reentry program for good cause, in its 151 discretion. 152 (4) PROCEDURE UPON ADMISSION TO PROGRAM; IN-PRISON 153 TREATMENT.— 154 (a) In-prison treatment shall begin upon an inmate’s 155 admission into the program. Before the inmate completes the in 156 prison treatment, the department shall evaluate the inmate’s 157 needs and develop a postrelease treatment plan that includes 158 substance abuse or mental health aftercare services. 159 (b) If, after placement in the reentry program, an inmate 160 appears to be unable to participate due to medical or other 161 reasons, he or she must be examined by qualified medical 162 personnel or qualified nonmedical personnel appropriate for the 163 inmate’s situation, as determined by the department. The 164 qualified personnel shall consult with the director of the 165 reentry program, and the director shall determine if the inmate 166 shall continue with treatment or if the inmate is discharged 167 from the program. 168 (c) An inmate in the reentry program is subject to the 169 rules of conduct established by the department and may have 170 sanctions imposed, including loss of privileges, restrictions, 171 disciplinary confinement, forfeiture of gain-time or the right 172 to earn gain-time in the future, alteration of release plans, 173 termination from the reentry program, or other program 174 modifications in keeping with the nature and gravity of the 175 program violation. The department may place an inmate in the 176 reentry program in an administrative or protective confinement, 177 as necessary. 178 (5) PROCEDURE UPON COMPLETION OF IN-PRISON TREATMENT. 179 Following completion of the in-prison treatment program, the 180 inmate shall be immediately transitioned into the community on 181 drug offender-mental health probation for the last 24 months of 182 his or her sentence. 183 (a) While in the community, the inmate shall be subject to 184 all standard terms of drug offender or mental health probation, 185 any special condition of supervision ordered by the sentencing 186 court, including participation in an aftercare substance abuse 187 or mental health program, residence in a postrelease 188 transitional residential halfway house, or any other appropriate 189 form of supervision or treatment. 190 (b) If the county in which sentencing occurred has a drug 191 court or mental health court and it is willing to accept the 192 case, the inmate’s case shall be transferred to the drug court 193 or mental health court for supervision for the last 24 months of 194 his or her sentence. The drug court judge is deemed the 195 sentencing judge for purposes of ensuring compliance with this 196 section, and the department shall collect the cost of 197 supervision, as appropriate, from the inmate. 198 (c) An inmate on probation pursuant to this subsection must 199 comply with all conditions of the supervision and must comply 200 with all orders of the drug court or other supervising court. 201 Violation of any condition or order may result in revocation of 202 supervision by the court and imposition of any sentence 203 authorized under the law, with credit given for the time already 204 served in prison. 205 (d) While on probation pursuant to this subsection, the 206 inmate shall pay all appropriate costs of supervision to the 207 department. An inmate who is financially able to shall also pay 208 all costs of substance abuse or mental health treatment. The 209 court may impose on the inmate additional conditions requiring 210 payment of restitution, court costs, and fines; community 211 service; or compliance with other special conditions. 212 (e) Time spent on probation as part of the reentry program 213 shall be considered in-custody time in calculating the 85 214 percent requirement of s. 944.275. 215 (6) DEPARTMENT DUTIES.—The department shall, within 216 available resources, implement the reentry program to the 217 fullest extent possible. The department shall provide a special 218 training program for staff members selected to serve in the 219 reentry program. 220 (7) CONTRACTORS.—The department may develop and enter into 221 performance-based contracts with qualified individuals, 222 agencies, or corporations to supply any or all services provided 223 through the reentry program. Such contract may not be entered 224 into or renewed unless it offers a substantial savings to the 225 department. The department may establish a system of incentives 226 within the reentry program to promote participation in 227 rehabilitative programs and the orderly operation of 228 institutions and facilities. 229 (8) NO RIGHTS CONFERRED UPON INMATES.—This section does not 230 create or confer upon any inmate any right to placement in the 231 reentry program or any right to placement or early release under 232 supervision of any type. An inmate has no cause of action 233 against the department, a court, the state attorney, or a victim 234 for any action taken related to the administration of the 235 reentry program. 236 (9) REPORTING.—The department shall develop a computerized 237 system to track data on the recidivism and recommitment of 238 inmates who have participated in the reentry program. On October 239 1, 2019, and on each October 1 thereafter, the department shall 240 submit an annual report of the results of the collected data to 241 the Governor, the President of the Senate, and the Speaker of 242 the House of Representatives. 243 (10) RULEMAKING.—The department shall adopt rules pursuant 244 to ss. 120.536(1) and 120.54 to administer this section. 245 Section 2. The Office of Program Policy Analysis and 246 Government Accountability shall review the reentry program under 247 s. 397.755, Florida Statutes, as created by this act, and report 248 its findings to the President of the Senate and the Speaker of 249 the House of Representatives before the commencement of the 2019 250 legislative session. 251 Section 3. This act shall take effect July 1, 2018.