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         948.0121Probationary 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.