Florida Senate - 2020 SB 550
By Senator Brandes
1 A bill to be entitled
2 An act relating to sentencing; amending s. 921.00241,
3 F.S.; revising the criteria under which certain
4 offenders sentenced after a specified date may be
5 sentenced to a nonstate prison sanction under a prison
6 diversion program; providing an effective date.
8 Be It Enacted by the Legislature of the State of Florida:
10 Section 1. Section 921.00241, Florida Statutes, is amended
11 to read:
12 921.00241 Prison diversion program.—
13 (1) Notwithstanding s. 921.0024 and effective for offenders
14 sentenced on or after October 1, 2020
offenses c ommitted on or
15 after July 1, 2009, a court may divert from the state
16 correctional system an offender who would otherwise be sentenced
17 to a state facility by sentencing the offender to a nonstate
18 prison sanction as provided in subsection (2). An offender may
19 be sentenced to a nonstate prison sanction if the offender meets
20 all of the following criteria:
21 (a) The offender’s primary offense is a felony of the third
22 degree or a felony of the second degree.
23 (b) The offender’s total sentence points score, as provided
24 in s. 921.0024, is 60 points or fewer not more than 48 points,
25 or the offender’s total sentence points score is 54 points and 6
26 of those points are for a violation of probation, community
27 control, or other community supervision, and do not involve a
28 new violation of law.
29 (c) The offender has not been convicted or previously
30 convicted of a forcible felony as defined in s. 776.08, but
31 excluding any third degree felony violation under chapter 810.
32 (d) The offender’s primary offense does not require a
33 minimum mandatory sentence.
34 (2) If the court elects to impose a sentence as provided in
35 this section, the court must shall sentence the offender to a
36 term of probation, community control, or community supervision
37 with mandatory participation in a prison diversion program of
38 the Department of Corrections if such program is funded and
39 exists in the judicial circuit in which the offender is
40 sentenced. The prison diversion program shall be designed to
41 meet the unique needs of each judicial circuit and of the
42 offender population of that circuit. The program may require
43 residential, nonresidential, or day-reporting requirements;
44 substance abuse treatment; employment; restitution; academic or
45 vocational opportunities; or community service work.
46 (3) The court that sentences a defendant to a nonstate
47 prison sanction pursuant to subsection (2) shall make written
48 findings that the defendant meets the criteria in subsection
49 (1); and the sentencing order must indicate that the offender
50 was sentenced to the prison diversion program pursuant to
51 subsection (2). The court may order the offender to pay all or a
52 portion of the costs related to the prison diversion program if
53 the court determines that the offender has the ability to pay.
54 Section 2. This act shall take effect October 1, 2020.