Florida Senate - 2019 CS for SB 1074 By the Committee on Criminal Justice; and Senator Brandes 591-03159-19 20191074c1 1 A bill to be entitled 2 An act relating to sentencing; creating s. 948.0121, 3 F.S.; defining terms; creating a conditional sentence 4 for substance use and mental health offenders in 5 accordance with s. 948.012, F.S.; authorizing a court 6 to sentence an offender to a conditional sentence; 7 specifying requirements an offender must meet to be 8 eligible to receive a conditional sentence; requiring 9 that an eligible offender be a nonviolent offender; 10 defining the term “nonviolent offender”; providing 11 minimum sentencing requirements for a conditional 12 sentence; providing an exception to the court’s order 13 of a conditional sentence; authorizing the sentencing 14 court to have the Department of Corrections provide a 15 presentence investigation report in accordance with s. 16 921.231, F.S., to provide the court with certain 17 information to determine the type of probation most 18 appropriate for the offender; requiring the department 19 to perform specified duties; authorizing the 20 department to enter into certain contracts; requiring 21 the department to provide written notification to 22 specified parties upon the offender’s admission into 23 an in-prison treatment program; providing that the 24 department may find that an offender is not eligible 25 to participate in an in-prison treatment program under 26 certain circumstances; requiring written notification 27 from the department to certain parties if an offender 28 is terminated from or prevented from entering an in 29 prison treatment program; requiring that an offender 30 be transitioned to probation upon the completion of 31 his or her in-prison treatment program; requiring an 32 offender to comply with specified terms of drug 33 offender or mental health probation; requiring the 34 offender to pay specified costs associated with his or 35 her probation; providing that certain violations may 36 result in revocation of probation by the court and 37 imposition of any sentence authorized by law; 38 requiring the department to develop a computerized 39 system to track certain data; requiring the 40 department, on a certain date and annually thereafter, 41 to submit an annual report to the Governor and the 42 Legislature; requiring the department to adopt certain 43 rules; providing an effective 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 Conditional sentences for substance use or mental 50 health offenders.— 51 (1) DEFINITIONS.—As used in 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 conditional sentence for substance 55 use or mental health offenders as prescribed in this section. 56 (2) CREATION.—A conditional sentence for substance use or 57 mental health offenders is established in accordance with s. 58 948.012. A court may sentence an offender to a conditional 59 sentence in accordance with this section. A conditional sentence 60 imposed by a court pursuant to this section does not confer to 61 the offender any right to release from incarceration and 62 placement on drug offender or mental health offender probation 63 unless such offender complies with all sentence requirements in 64 accordance with this section. 65 (3) ELIGIBILITY.—For an offender to receive a conditional 66 sentence under this section, he or she must be a nonviolent 67 offender who is in need of substance use or mental health 68 treatment and who does not pose a danger to the community. As 69 used in this subsection, the term “nonviolent offender” means an 70 offender who has never been convicted of, or pled guilty or no 71 contest to, the commission of, an attempt to commit, or a 72 conspiracy to commit, any of the following: 73 (a) A capital, life, or first degree felony. 74 (b) A second degree felony or third degree felony listed in 75 s. 775.084(1)(c)1. 76 (c) A violation of s. 784.021, s. 784.07, s. 827.03, or s. 77 843.01, or any offense that requires a person to register as a 78 sex offender in accordance with s. 943.0435. 79 (d) An offense for which the sentence was enhanced under s. 80 775.087. 81 (e) An offense in another jurisdiction which would be an 82 offense described in this subsection, or which would have been 83 enhanced under s. 775.087, if that offense had been committed in 84 this state. 85 (4) SENTENCING REQUIREMENTS.— 86 (a) A court must order the offender as a part of a 87 conditional sentence for substance use or mental health 88 offenders, at a minimum, to: 89 1. Serve a term of imprisonment which must include an in 90 prison treatment program for substance use, mental health, or 91 co-occurring disorders which is a minimum of 90 days in-custody 92 treatment and is administered by the department at a department 93 facility; and 94 2. Upon successful completion of such in-custody treatment 95 program, comply with a term of special offender probation for 24 96 months, which shall serve as a modification of the remainder of 97 his or her term of imprisonment, and must consist of: 98 a. Either drug offender or mental health probation, to be 99 determined by the court at the time of sentencing; 100 b. Any special conditions of probation ordered by the 101 sentencing court; and 102 c. Any recommendations made by the department in a 103 postrelease treatment plan for substance use or mental health 104 aftercare services. 105 (b) If the department finds that the offender is ineligible 106 or not appropriate for placement in an in-custody treatment 107 program for the reasons prescribed in subsection (7), or for any 108 other reason the department deems as good cause then the 109 offender shall serve the remainder of his or her term of 110 imprisonment in the custody of the department. 111 (c) The appropriate type of special offender probation 112 shall be determined by the court at the time of sentencing based 113 upon the recommendation by the department in a presentence 114 investigation report. 115 (5) PRESENTENCE INVESTIGATION REPORT.—The court may order 116 the department to conduct a presentence investigation report in 117 accordance with s. 921.231 for any offender who the court 118 believes may be sentenced under this section to provide the 119 court with appropriate information to make a determination at 120 the time of sentencing of whether drug offender or mental health 121 probation is most appropriate for the offender. 122 (6) DEPARTMENT DUTIES.—The department: 123 (a) Shall administer treatment programs that comply with 124 the type of treatment required in this section. 125 (b) May develop and enter into performance-based contracts 126 with qualified individuals, agencies, or corporations to provide 127 any or all services necessary for the in-custody treatment 128 program. Such contracts may not be entered into or renewed 129 unless they offer a substantial savings to the department. The 130 department may establish a system of incentives in an in-custody 131 treatment program to promote offender participation in 132 rehabilitative programs and the orderly operation of 133 institutions and facilities. 134 (c) Shall provide a special training program for staff 135 members selected to administer or implement an in-custody 136 treatment program. 137 (d) Shall evaluate the offender’s needs and develop a 138 postrelease treatment plan that includes substance use or mental 139 health aftercare services. 140 (7) IN-PRISON TREATMENT.— 141 (a) The department shall give written notification of the 142 offender’s admission into an in-prison treatment program portion 143 of the conditional sentence to the sentencing court, the state 144 attorney, the defense counsel for the offender, and any victim 145 of the offense committed by the offender. 146 (b) If, after evaluating an offender for custody and 147 classification status, the department determines at any point 148 during the term of imprisonment that an offender sentenced under 149 this section does not meet the criteria for placement in an in 150 prison treatment program portion of the conditional sentence, as 151 determined in rule by the department, or that space is not 152 available for the offender’s placement in an in-prison treatment 153 program, the department must immediately notify the court, the 154 state attorney, and the defense counsel that this portion of the 155 sentence is unsuccessfully served in accordance with paragraph 156 (4)(b). 157 (c) If, after placement in an in-prison treatment program, 158 an offender is unable to participate due to medical concerns or 159 other reasons, he or she must be examined by qualified medical 160 personnel or qualified nonmedical personnel appropriate for the 161 offender’s situation, as determined by the department. The 162 qualified personnel shall consult with the director of the in 163 prison treatment program, and the director shall determine 164 whether the offender will continue with treatment or be 165 discharged from the program. If the director discharges the 166 offender from the treatment program, the department must 167 immediately notify the court, the state attorney, and the 168 defense counsel that this portion of the sentence is 169 unsuccessfully served in accordance with paragraph (4)(b). 170 (d) If, after placement in an in-prison treatment program, 171 an offender is unable to participate due to disruptive behavior 172 or violations of any of the rules the department adopts to 173 implement this section, the director shall determine whether the 174 offender will continue with treatment or be discharged from the 175 program. If the director discharges the offender from the 176 treatment program, the department must immediately notify the 177 court, the state attorney, and the defense counsel that this 178 portion of the sentence is unsuccessfully served in accordance 179 with paragraph (4)(b). 180 (e) An offender participating in an in-prison treatment 181 program portion of his or her imprisonment must comply with any 182 additional requirements placed on the participants by the 183 department in rule. If an offender violates any of the rules, he 184 or she may have sanctions imposed, including loss of privileges, 185 restrictions, disciplinary confinement, forfeiture of gain-time 186 or the right to earn gain-time in the future, alteration of 187 release plans, termination from the in-prison treatment program, 188 or other program modifications in keeping with the nature and 189 gravity of the program violation. The department may place an 190 inmate participating in an in-prison treatment program in 191 administrative or protective confinement, as necessary. 192 (8) DRUG OFFENDER OR MENTAL HEALTH PROBATION.— 193 (a) Upon completion of the in-prison treatment program 194 ordered by the court, the offender shall be transitioned into 195 the community to begin his or her drug offender or mental health 196 probation for a term of 24 months, as ordered by the court at 197 the time of sentencing in accordance with subsection (4). 198 (b) An offender on drug offender or mental health probation 199 following a conditional sentence imposed pursuant to this 200 section must comply with all standard conditions of drug 201 offender or mental health probation and any special condition of 202 probation ordered by the sentencing court, including 203 participation in an aftercare substance abuse or mental health 204 program, residence in a postrelease transitional residential 205 halfway house, or any other appropriate form of supervision or 206 treatment. 207 (c)1. If an offender placed on drug offender probation 208 resides in a county that has established a drug court or a 209 postadjudicatory drug court, the offender shall be monitored by 210 the court as a condition of drug offender probation. 211 2. If an offender placed on mental health offender 212 probation resides in a county that has established a mental 213 health court, the offender shall be monitored by the court as a 214 condition of mental health offender probation. 215 (d) While on probation pursuant to this subsection, the 216 offender shall pay all appropriate costs of probation to the 217 department. An offender who is determined to be financially able 218 shall also pay all costs of substance abuse or mental health 219 treatment. The court may impose on the offender additional 220 conditions requiring payment of restitution, court costs, fines, 221 community service, or compliance with other special conditions. 222 (e) An offender’s violation of any condition or order may 223 result in revocation of probation by the court and imposition of 224 any sentence authorized under the law, with credit given for the 225 time already served in prison. 226 (9) REPORTING.—The department shall develop a computerized 227 system to track data on the recidivism and recommitment of 228 offenders who have been sentenced to a conditional sentence for 229 substance use or mental health offenders. On October 1, 2020, 230 and on each October 1 thereafter, the department shall submit an 231 annual report of the results of the collected data to the 232 Governor, the President of the Senate, and the Speaker of the 233 House of Representatives. 234 (10) RULEMAKING.—The department shall adopt rules pursuant 235 to ss. 120.536(1) and 120.54 to administer this section. 236 Section 2. This act shall take effect October 1, 2019.