Florida Senate - 2018 CS for SB 1222
By the Committee on Criminal Justice; and Senator Brandes
591-02898A-18 20181222c1
1 A bill to be entitled
2 An act relating to sentencing; creating s. 948.0121,
3 F.S.; providing definitions; creating a probationary
4 split sentence for substance use and mental health
5 offenders in accordance with s. 948.012, F.S.;
6 authorizing the court to sentence an offender to the
7 probationary split sentence; providing that an
8 eligible offender must be a nonviolent offender;
9 defining the term “nonviolent offender”; providing
10 sentencing requirements for the probationary split
11 sentence; providing an exception to the court’s order
12 of a probationary split sentence; authorizing the
13 sentencing court to have the Department of Corrections
14 conduct a presentence investigation report in
15 accordance with s. 921.231, F.S., for the purpose of
16 providing the court with appropriate information to
17 determine the type of probation most appropriate for
18 the offender; requiring the department to perform
19 specified duties; requiring the department to provide
20 written notification to specified parties upon the
21 offender’s admission into the in-prison treatment
22 program; providing that the department may find that
23 an offender is not eligible to participate in the in
24 prison treatment program under certain circumstances;
25 requiring written notification from the department to
26 the specified parties if an offender is terminated
27 from or prevented from entering the in-prison
28 treatment program; providing that an offender is
29 transitioned to probation upon the completion of his
30 or her imprisonment; requiring an offender to comply
31 with specified terms of drug offender or mental health
32 probation; requiring the offender to pay specified
33 costs associated with his or her probation; providing
34 that a certain violation may result in revocation of
35 probation by the court and imposition of any sentence
36 under the law; providing for credit for time served
37 for a sentence that is revoked; requiring the
38 department to develop a computerized system to track
39 certain data; requiring the department, on a certain
40 date and annually thereafter, to submit an annual
41 report to the Governor and the Legislature; requiring
42 the department to adopt rules; providing an effective
43 date.
44
45 Be It Enacted by the Legislature of the State of Florida:
46
47 Section 1. Section 948.0121, Florida Statutes, is created
48 to read:
49 948.0121 Probationary split sentences for substance use or
50 mental health offenders.—
51 (1) DEFINITIONS.—For purposes of this section, the term:
52 (a) “Department” means the Department of Corrections.
53 (b) “Offender” means a person found guilty of a felony
54 offense and who receives a probationary split sentence for
55 substance use or mental health offenders as prescribed in this
56 section.
57 (2) CREATION.—A probationary split sentence for substance
58 use or mental health offenders is established in accordance with
59 s. 948.012. A court may sentence an offender to a probationary
60 split sentence in accordance with this section.
61 (3) ELIGIBILITY.—For an offender to receive a probationary
62 split sentence pursuant to this section, he or she must be a
63 nonviolent offender who is in need of substance use or mental
64 health treatment and who does not pose a danger to the
65 community. For purposes of this section, the term “nonviolent
66 offender” means an offender who has never been convicted of, or
67 pled guilty or no contest to, the commission of, an attempt to
68 commit, or a conspiracy to commit any of the following:
69 (a) A capital, life, or first degree felony;
70 (b) A second degree or third degree felony listed in s.
71 775.084(1)(c)1.;
72 (c) A violation of s. 784.021, s. 784.07, s. 827.03, or s.
73 843.01, or any offense that requires a person to register as a
74 sex offender in accordance with s. 943.0435;
75 (d) An offense for which the sentence was enhanced under s.
76 775.087; or
77 (e) An offense in another jurisdiction which would be an
78 offense described in this subsection, or which would have been
79 enhanced under s. 775.087, if that offense had been committed in
80 this state.
81 (4) SENTENCING REQUIREMENTS.—As a condition of a
82 probationary split sentence for substance use or mental health
83 offenders, the court must order that the offender, at a minimum,
84 serve:
85 (a) A term of imprisonment which must include an in-prison
86 treatment program for substance use, mental health, or co
87 occurring disorders which is a minimum of 90 days in-custody
88 treatment and is administered by the department at a department
89 facility;
90 (b) The remainder of his or her imprisonment in a
91 department facility in the event the department finds that the
92 offender is ineligible or not appropriate for placement in an
93 in-custody treatment program for the reasons prescribed in
94 subsection (7), or for any other reason the department deems as
95 good cause; and
96 (c) A term of probation of 24 months that consists of:
97 1. Either drug offender or mental health probation, to be
98 determined by the court at the time of sentencing;
99 2. Any special conditions of probation ordered by the
100 sentencing court; and
101 3. Any recommendations made by the department in a
102 postrelease treatment plan for substance use or mental health
103 aftercare services.
104 (5) PRESENTENCE INVESTIGATION REPORT.—For any offender who
105 the court believes may be sentenced under this section, the
106 court may order the department to conduct a presentence
107 investigation report in accordance with s. 921.231 to provide
108 the court with appropriate information to make a determination
109 at the time of sentencing of whether drug offender or mental
110 health probation is most appropriate for the offender.
111 (6) DEPARTMENT DUTIES.—The department:
112 (a) Shall administer treatment programs that comply with
113 the type of treatment required in this section.
114 (b) May develop and enter into performance-based contracts
115 with qualified individuals, agencies, or corporations to provide
116 any or all services necessary for the in-custody treatment
117 program. Such contracts may not be entered into or renewed
118 unless they offer a substantial savings to the department. The
119 department may establish a system of incentives in the in
120 custody treatment program to promote offender participation in
121 rehabilitative programs and the orderly operation of
122 institutions and facilities.
123 (c) Shall provide a special training program for staff
124 members selected to administer or implement the in-custody
125 treatment program.
126 (d) Shall evaluate the offender’s needs and develop a
127 postrelease treatment plan that includes substance use or mental
128 health aftercare services.
129 (7) IN-PRISON TREATMENT.—
130 (a) The department shall give written notification of the
131 offender’s admission into the in-prison treatment program
132 portion of the probationary split sentence to the sentencing
133 court, the state attorney, the defense counsel for the offender,
134 and any victim of the offense committed by the offender.
135 (b) If, after evaluating an offender for custody and
136 classification status, the department determines at any point
137 during the term of imprisonment that an offender sentenced under
138 this section does not meet the criteria for placement in the in
139 prison treatment program portion of the probationary split
140 sentence, as determined in rule by the department, or space is
141 not available for the offender’s placement in the in-prison
142 treatment program, the department must immediately notify the
143 court, the state attorney, and the defense counsel that this
144 portion of the sentence is served in accordance with paragraph
145 (4)(b).
146 (c) If, after placement in the in-prison treatment program,
147 an offender is unable to participate due to medical or other
148 reasons, he or she must be examined by qualified medical
149 personnel or qualified nonmedical personnel appropriate for the
150 offender’s situation, as determined by the department. The
151 qualified personnel shall consult with the director of the in
152 prison treatment program, and the director shall determine
153 whether the offender will continue with treatment or be
154 discharged from the program. If the director discharges the
155 offender from the treatment program, the department must
156 immediately notify the court, the state attorney, and the
157 defense counsel that this portion of the sentence is served in
158 accordance with paragraph (4)(b).
159 (d) If, after placement in the in-prison treatment program,
160 an offender is unable to participate due to disruptive behavior
161 or violations of any of the rules the department adopts to
162 implement this section, the director shall determine whether the
163 offender will continue with treatment or be discharged from the
164 program. If the director discharges the offender from the
165 treatment program, the department must immediately notify the
166 court, the state attorney, and the defense counsel that this
167 portion of the sentence is served in accordance with paragraph
168 (4)(b).
169 (e) An offender participating in the in-prison treatment
170 program portion of his or her imprisonment must comply with any
171 additional requirements placed on the participants by the
172 department in rule. If an offender violates any of the rules, he
173 or she may have sanctions imposed, including loss of privileges,
174 restrictions, disciplinary confinement, forfeiture of gain-time
175 or the right to earn gain-time in the future, alteration of
176 release plans, termination from the in-prison treatment program,
177 or other program modifications in keeping with the nature and
178 gravity of the program violation. The department may place an
179 inmate participating in the in-prison treatment program in an
180 administrative or protective confinement, as necessary.
181 (8) DRUG OFFENDER OR MENTAL HEALTH PROBATION.—
182 (a) Upon completion of the term of imprisonment ordered by
183 the court, the offender shall be transitioned into the community
184 to begin his or her drug offender or mental health probation for
185 a term of 24 months, as ordered by the court at the time of
186 sentencing in accordance with subsection (4).
187 (b) An offender on drug offender or mental health probation
188 following a probationary split sentence ordered pursuant to this
189 section must comply with all standard conditions of drug
190 offender or mental health probation and any special condition of
191 probation ordered by the sentencing court, including
192 participation in an aftercare substance abuse or mental health
193 program, residence in a postrelease transitional residential
194 halfway house, or any other appropriate form of supervision or
195 treatment.
196 (c) While on probation pursuant to this subsection, the
197 offender shall pay all appropriate costs of probation to the
198 department. An offender who is determined to be financially able
199 shall also pay all costs of substance abuse or mental health
200 treatment. The court may impose on the offender additional
201 conditions requiring payment of restitution, court costs, and
202 fines, community service, or compliance with other special
203 conditions.
204 (d) An offender’s violation of any condition or order may
205 result in revocation of probation by the court and imposition of
206 any sentence authorized under the law, with credit given for the
207 time already served in prison.
208 (9) REPORTING.—The department shall develop a computerized
209 system to track data on the recidivism and recommitment of
210 offenders who have been sentenced to the probationary split
211 sentence for substance use or mental health offenders. On
212 October 1, 2019, and on each October 1 thereafter, the
213 department shall submit an annual report of the results of the
214 collected data to the Governor, the President of the Senate, and
215 the Speaker of the House of Representatives.
216 (10) RULEMAKING.—The department shall adopt rules pursuant
217 to ss. 120.536(1) and 120.54 to administer this section.
218 Section 2. This act shall take effect October 1, 2018.