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       Florida Senate - 2010                                     SB 600
       By Senator Bennett
       21-00612-10                                            2010600__
    1                        A bill to be entitled                      
    2         An act relating to illegal or undocumented aliens;
    3         requiring the Department of Corrections and the Parole
    4         Commission to establish agreements to implement a
    5         federal deportation program for state inmates;
    6         specifying the goals of the program; amending s.
    7         947.146, F.S., relating to the Control Release
    8         Authority; requiring the authority to implement a
    9         program to execute an immediate deportation order;
   10         creating s. 947.1461, F.S., relating to control
   11         release for removal and deportation; requiring the
   12         department to identify eligible inmates at the
   13         reception process; specifying eligibility criteria;
   14         requiring the department to coordinate with federal
   15         authorities to determine immigration status and
   16         eligibility for removal; specifying that eligible
   17         inmates waive administrative and appellate rights;
   18         requiring the Control Release Authority to establish
   19         control release dates; authorizing the control release
   20         dates to be set after the alien has served a minimum
   21         50 percent of his or her court-imposed sentence;
   22         requiring the Control Release Authority to give notice
   23         to aliens concerning reentering the United States;
   24         prohibiting aliens from benefiting from control
   25         release awards when removal is not reasonably
   26         foreseeable; requiring the department to compile and
   27         report certain statistics; providing an effective
   28         date.
   30  Be It Enacted by the Legislature of the State of Florida:
   32         Section 1. The Department of Corrections and the Parole
   33  Commission shall immediately initiate, coordinate, and establish
   34  agreements among multiple state, local, and federal authorities
   35  to implement the United States Immigration and Customs
   36  Enforcement Rapid Removal of Eligible Parolees Accepted for
   37  Transfer (REPAT) program. The goals of this effort shall be to:
   38         (1)Ensure that deportable aliens are not released from
   39  prison to the community;
   40         (2)Reduce the number of criminal aliens incarcerated in
   41  the state prison system;
   42         (3)Provide for the mandatory revocation of control release
   43  and the confinement of criminal aliens who reenter the United
   44  States;
   45         (4)Allow eligible inmates to be released for deportation
   46  purposes before the expiration of the sentence;
   47         (5)Expedite the deportation process; and
   48         (6)Improve information-sharing procedures between the
   49  Immigration and Customs Enforcement Section of the United States
   50  Department of Homeland Security and the department.
   51         Section 2. Subsections (2), (5), and (7) of section
   52  947.146, Florida Statutes, are amended to read:
   53         947.146 Control Release Authority.—
   54         (2) The authority shall implement a system for determining
   55  the number and type of inmates who must be released into the
   56  community under control release in order to maintain the state
   57  prison system between 99 and 100 percent of its total capacity
   58  as defined in s. 944.023 or to execute an immediate deportation
   59  order from federal immigration authorities. An No inmate does
   60  not have has a right to control release. Control release is an
   61  administrative function solely used to manage the state prison
   62  population within total capacity and to expedite the deportation
   63  process. An inmate may not receive an advancement of his or her
   64  control release date by an award of control release allotments
   65  for any period of time before the date the inmate becomes
   66  statutorily eligible for control release or before the
   67  subsequent date of establishment of the inmate’s advanceable
   68  control release date.
   69         (5) Whenever the inmate population drops below 99 percent
   70  of total capacity and remains below 99 percent for 90
   71  consecutive days without requiring the release of inmates under
   72  this section, all control release dates shall become void and an
   73  no inmate is not shall be eligible for release under any
   74  previously established control release date. However, control
   75  release dates for deportation purposes do not become void when
   76  the inmate population changes. An inmate does shall not have a
   77  right to a control release date, and nor shall the authority is
   78  not be required to establish or reestablish any additional
   79  control release dates except under the provisions of subsection
   80  (2).
   81         (7) The authority has the power and duty to:
   82         (a) Extend or advance the control release date of any
   83  inmate for whom a date has been established pursuant to
   84  subsection (2), based upon one or more of the following:
   85         1. Recently discovered information of:
   86         a. Past criminal conduct;
   87         b. Verified threats by inmates provided by victims, law
   88  enforcement, or the department;
   89         c. Potential risk to or vulnerability of a victim;
   90         d. Psychological or physical trauma to the victim due to
   91  the criminal offense;
   92         e. Court-ordered restitution;
   93         f. History of abuse or addiction to a chemical substance
   94  verified by a presentence or postsentence investigation report;
   95         g. The inmate’s ties to organized crime;
   96         h. A change in the inmate’s sentence structure;
   97         i. Cooperation with law enforcement;
   98         j. Strong community support; and
   99         k. A documented mental condition as a factor for future
  100  criminal behavior.
  101         2. The recommendation of the department regarding:
  102         a. A medical or mental health-related condition; or
  103         b. Institutional adjustment of the inmate, which may
  104  include refusal by the inmate to sign the agreement to the
  105  conditions of the release plan.
  106         3. Total capacity of the state prison system.
  107         4.Arrangements for the transfer of custody pending
  108  deportation.
  109         (b) Authorize an individual commissioner to postpone a
  110  control release date for not more than 60 days without a hearing
  111  for any inmate who has become the subject of a disciplinary
  112  proceeding, a criminal arrest, an information, or an indictment;
  113  who has been terminated from work release; or about whom there
  114  is any recently discovered information as specified in paragraph
  115  (a).
  116         (c) Determine the terms, conditions, and period of time of
  117  control release for persons released under pursuant to this
  118  section.
  119         (d) Determine violations of control release and what
  120  actions shall be taken with reference thereto.
  121         (e) Provide for victim input into the decisionmaking
  122  process which may be used by the authority as aggravation or
  123  mitigation in determining which persons shall be released on
  124  control release.
  125         (f) Make such investigations as may be necessary for the
  126  purposes of establishing, modifying, or revoking a control
  127  release date.
  128         (g) Contract with a public defender or private counsel for
  129  representation of indigent persons charged with violating the
  130  terms of control release.
  131         (h) Adopt such rules as the authority deems necessary to
  132  implement for implementation of the provisions of this section.
  133         Section 3. Section 947.1461, Florida Statutes, is created
  134  to read:
  135         947.1461Control release for removal and deportation only.—
  136         (1)The Department of Corrections shall begin during the
  137  inmate reception process a procedure to identify eligible aliens
  138  and determine if deportation is feasible and in the best
  139  interests of the state. Aliens who are ineligible for the
  140  federal deportation process under this section are inmates who
  141  are ineligible for control release under s. 947.146(3)(a)-(m).
  142         (2)The department shall coordinate with federal
  143  authorities to determine the immigration status and eligibility
  144  for removal and to obtain the final removal order.
  145         (3)The department shall identify aliens for removal who
  146  have voluntarily waived all administrative and judicial
  147  appellate rights in writing and who have agreed in writing to
  148  fully cooperate with federal authorities to obtain valid travel
  149  documentation and facilitate removal.
  150         (4)Upon acceptance into the federal deportation program,
  151  the Control Release Authority shall establish a control release
  152  date for the alien to be transferred into federal custody.
  153  Notwithstanding s. 944.275(4)(b)3., the Control Release
  154  Authority may establish a control release date after the alien
  155  has served a minimum of 50 percent of his or her court-imposed
  156  sentence.
  157         (5)The department shall maintain exclusive control and
  158  responsibility for the custody and transportation of an alien
  159  who is accepted into the federal deportation program until the
  160  alien is physically transferred to federal custody.
  161         (6)The Control Release Authority shall provide notice and
  162  obtain acknowledgement in writing that notice was given to each
  163  alien who is eligible for deportation that reentry into the
  164  United States requires the return of the alien to the custody of
  165  the department to complete the remainder of his or her court
  166  imposed sentence. The alien must also waive in writing all
  167  rights of extradition which would challenge the alien’s return
  168  to the department and Control Release Authority to complete the
  169  remainder of his or her sentence.
  170         (7)An alien may not under any circumstances receive the
  171  benefits of control release awards if the federal authorities
  172  determine that the alien’s removal is not reasonably
  173  foreseeable.
  174         (8)The department shall compile statistics on this
  175  program, including the number of aliens who are transferred to
  176  federal custody, the number of aliens who are actually removed
  177  from the United States, the number of aliens who reenter the
  178  United States, and the annualized cost-avoidance achieved.
  179         Section 4. This act shall take effect July 1, 2010.

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