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.