October 23, 2020
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_h1587__
HB 1587

1
A bill to be entitled
2An act relating to inmate reentry; creating s. 397.755,
3F.S.; directing the Department of Corrections to create a
4reentry program; providing eligibility criteria for the
5program; requiring a recommendation for reentry at the
6time of sentencing; directing the department to prepare a
7postrelease treatment plan; requiring the department to
8notify the judge and other specified parties upon
9admission of an inmate into the program; providing
10requirements before transitioning the inmate into the
11community; requiring the inmate to abide by the order of
12supervision and the rules of the department; directing the
13department to provide special training to employees
14working in the program; authorizing the department to
15develop performance-based contracts to supply services to
16the program; permitting the department to establish a
17system of incentives in the program to promote
18participation in rehabilitative programs; providing that
19the section does not confer any right to placement in the
20reentry program; directing the department to track
21recidivism and recommitment of inmates who have
22participated in the program; requiring an annual report to
23the Governor and Legislature; authorizing rulemaking;
24requiring a review and report by the Office of Program
25Policy Analysis and Government Accountability; providing
26an effective date.
27
28Be It Enacted by the Legislature of the State of Florida:
29
30     Section 1.  Section 397.755, Florida Statutes, is created
31to read:
32     397.755  Reentry program.-
33     (1)  PROGRAM DEVELOPMENT.-The department shall develop and
34implement a reentry program for inmates. The program shall
35provide a mechanism by which an eligible, nonviolent, low-risk
36inmate who poses a minimal foreseeable risk to the public and
37for whom the reentry program has been ordered as part of his or
38her sentence may be transitioned into the community during the
39last year of the sentence. The reentry program shall consist of
40a prison-based treatment program for substance abuse or mental
41health or co-occurring disorders for a minimum of 90 days and a
42community-based aftercare treatment program. The reentry program
43must be specifically designed to be intensive and may have a
44work-release component as part of the program. The in-prison
45component may be operated in secure areas in or adjacent to an
46adult institution, a community residential facility, or a work
47release center.
48     (2)  ELIGIBILITY.-The sentencing court must include an
49order for the reentry program at sentencing to alert the
50department as to this inmate's preliminary eligibility when it
51screens incoming inmates to determine their preliminary
52eligibility for the reentry program. The department shall then
53consider the inmate for admission to the reentry program. When
54considering the inmate's admission to the reentry program, the
55department may consider an inmate's criminal history, need for
56substance abuse or mental health treatment, general
57rehabilitative interests, and potential risk to the public. The
58department may also consider its operational needs and the
59victim's comments.
60     (a)  An inmate is ineligible for consideration for
61admission to the program if:
62     1.  The inmate was sentenced to a term of 10 years or more;
63     2.  Whether related to the current term of incarceration,
64or a previous term of incarceration, the inmate was convicted of
65or pled guilty or no contest to:
66     a.  Any capital, life, or first degree felony;
67     b.  Any second or third degree felony offense listed in s.
68775.084(1)(c)1.;
69     c.  Any offense listed in s. 784.07, s. 784.021, s. 827.03,
70or s. 843.01 or any offense that makes a person subject to sex
71offender registration under s. 943.0435;
72     d.  Any offense for which the sentence was enhanced under
73s. 775.087; or
74     e.  Any offense in another jurisdiction that would be an
75offense described in sub-subparagraphs a.-c., or that would have
76been enhanced under s. 775.087, if that offense had been
77committed in this state.
78     (b)  An inmate is eligible for consideration for admission
79to the program if:
80     1.  The inmate is not ineligible under paragraph (a).
81     2.  The inmate is in need of substance abuse or mental
82health.
83     3.  The reentry program is ordered as part of the inmate's
84sentence.
85     4.  The department has placed the inmate in minimum or
86community custody status.
87     5.  The inmate otherwise meets the criteria for placement
88as determined by the department. The criteria shall include, but
89is not limited to, consideration of the inmate's criminal
90history, need for substance abuse or mental health treatment,
91general rehabilitative interests, and potential risk to the
92public and the operational needs of the department.
93     (3)  ADMISSION INTO PROGRAM.-If an inmate meets the
94criteria for program admission under subsection (2), the
95department approves the inmate for entry into the program, and
96space is available, the department shall give written
97notification to the sentencing court, state attorney, counsel
98for the inmate, and any victim of the inmate's admission into
99the program. Admission into the program is not a right, it is a
100matter of grace; accordingly, the department may refuse to place
101the inmate in the reentry program.
102     (4)  PROCEDURE UPON ADMISSION TO PROGRAM; IN-PRISON
103TREATMENT.-If the reentry program is ordered by the sentencing
104court, the department shall commence an in-prison treatment
105component. Before the inmate completes the in-prison treatment
106component, the department shall evaluate the inmate's needs and
107develop a postrelease treatment plan that includes substance
108abuse or mental health aftercare services. If, after placement
109in the reentry program, the inmate appears unable to participate
110due to medical or other reasons, he or she must be examined by
111qualified medical personnel or qualified nonmedical personnel
112appropriate for the inmate's situation, as determined by the
113department. The qualified personnel shall consult with the
114director of the reentry program, and the director shall
115determine if the inmate may continue with treatment or if the
116inmate must be discharged from the program. An inmate in the
117reentry program is subject to the rules of conduct established
118by the department and may have sanctions imposed, including loss
119of privileges, restrictions, disciplinary confinement,
120forfeiture of gain-time or the right to earn gain-time in the
121future, alteration of release plans, termination from the
122reentry program, or other program modifications in keeping with
123the nature and gravity of the program violation. The department
124may place an inmate in the reentry program in an administrative
125or protective confinement, as necessary.
126     (5)  PROCEDURE UPON COMPLETION OF IN-PRISON TREATMENT.-
127Following completion of the in-prison treatment component, the
128inmate shall be transitioned into the community on drug
129offender-mental health probation for the last 12 months of his
130or her sentence.
131     (a)  While in the community, the inmate shall be subject to
132all standard terms of drug offender probation, any special
133conditions of supervision ordered by the sentencing court,
134including participation in an aftercare substance abuse or
135mental health program, residence in a postrelease transitional
136residential halfway house, or any other appropriate form of
137supervision or treatment.
138     (b)  If the county in which sentencing occurred has a drug
139court and it is willing to accept the case, the inmate's case
140shall be transferred to the drug court for supervision for the
141last 12 months of his or her sentence. The drug court judge
142shall be deemed the sentencing judge for purposes of ensuring
143compliance with this section, and the department shall be
144responsible for collecting the cost of supervision, as
145appropriate, from the inmate.
146     (c)  An inmate on probation under this section must comply
147with all conditions of supervision imposed and must comply with
148all orders of the drug court or other supervising court.
149Violation of any condition or order may result in revocation of
150supervision by the court and imposition of any sentence
151authorized under the law, subject to time served in prison.
152     (d)  While on probation under this section, the inmate
153shall pay all appropriate costs of supervision to the
154department. An inmate who is financially able to shall also pay
155all costs of substance abuse or mental health treatment. The
156court may impose on the inmate additional conditions requiring
157payment of restitution, court costs, and fines; community
158service; and compliance with other special conditions.
159     (e)  Time spent on probation under this section as part of
160the reentry program shall be considered in-custody time in
161calculating the 85 percent requirement of s. 944.275.
162     (6)  DEPARTMENT DUTIES.-The department shall implement the
163reentry program to the fullest extent feasible within this
164section and available resources. The department shall provide a
165special training program for staff members selected to serve in
166the reentry program.
167     (7)  CONTRACTORS.-The department may develop and enter into
168performance-based contracts with qualified individuals,
169agencies, or corporations to supply any or all services provided
170in the reentry program. However, a contract may not be entered
171into or renewed unless the contract offers a substantial savings
172to the department. The department may establish a system of
173incentives within the reentry program to promote participation
174in rehabilitative programs and the orderly operation of
175institutions and facilities.
176     (8)  NO RIGHTS CONFERRED UPON INMATES.-This section does
177not create or confer any right to any inmate to placement in the
178reentry program or any right to placement or early release under
179supervision of any type. No inmate shall have a cause of action
180against the department, a court, the state attorney, or a victim
181related to the reentry program.
182     (9)  REPORTING.-The department shall develop a computerized
183system to track recidivism and recommitment of inmates who have
184participated in the reentry program. On October 1, 2011, and on
185each October 1 thereafter, the department shall submit an annual
186report of the results of the collected data to the Governor, the
187President of the Senate, and the Speaker of the House of
188Representatives.
189     (10)  RULEMAKING.-The department may adopt rules pursuant
190to ss. 120.536(1) and 120.54 to implement its duties under this
191section and to administer the reentry program.
192     Section 2.  The Office of Program Policy Analysis and
193Government Accountability shall review the reentry program under
194s. 397.755, Florida Statutes, as created by this act, and report
195its findings to the President of the Senate and the Speaker of
196the House of Representatives before the commencement of the 2011
197legislative session.
198     Section 3.  This act shall take effect July 1, 2010.


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