February 26, 2020
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       Florida Senate - 2010                                    SB 2336
       
       
       
       By Senator Wise
       
       
       
       
       5-00831-10                                            20102336__
    1                        A bill to be entitled                      
    2         An act relating to community corrections; amending s.
    3         948.51, F.S.; revising legislative intent; requiring
    4         each public safety coordinating council to cooperate
    5         with the local offender advisory council when
    6         preparing the comprehensive public safety plan;
    7         amending s. 948.90, F.S.; requiring the creation of a
    8         local offender advisory council in each county or a
    9         combination thereof; providing for membership on the
   10         council; providing for duties and responsibilities;
   11         amending s. 951.26, F.S.; providing for additional
   12         members on the public safety coordinating councils;
   13         requiring each public safety coordinating council to
   14         prepare, develop, and implement a comprehensive public
   15         safety plan for the county or the geographic area
   16         represented by the county consortium; requiring the
   17         public safety coordinating council to convene at least
   18         once a year with its juvenile justice circuit boards
   19         and county councils and local offender advisory
   20         councils to discuss, develop, and coordinate public
   21         safety matters; providing an effective date.
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Section 948.51, Florida Statutes, is amended to
   26  read:
   27         948.51 Community corrections program for assistance to
   28  counties or county consortiums.—
   29         (1) LEGISLATIVE INTENT.—There is created in the state a
   30  community corrections program to be implemented by counties or
   31  county consortiums which shall The purpose of this section is
   32  to:
   33         (a) Divert nonviolent offenders from the state prison
   34  system by punishing such offenders with community-based
   35  sanctions, thereby reserving the state prison system for those
   36  offenders who are deemed to be most dangerous to the community.
   37         (b) Forge a partnership between the state and the
   38  correctional and public safety programs and facilities within a
   39  county or consortium of counties so that state funds may be
   40  effectively contractually disbursed to counties or county
   41  consortiums to build and operate corrections and public safety
   42  programs.
   43         (c) Promote accountability of offenders to their community
   44  by requiring financial restitution to victims of crime and by
   45  requiring public service to be performed for local governments
   46  and community agencies.
   47         (d) Make victim restitution a greater priority and provide
   48  closer monitoring of offenders to ensure payment to victims.
   49         (e) Maintain safe and cost-efficient community correctional
   50  programs that also require supervision and counseling, and
   51  substance abuse testing, assessment, and treatment of
   52  appropriate offenders.
   53         (f) Provide sanctions, services, treatment, and alternative
   54  punishments that are available to the judge at sentencing and
   55  for pretrial intervention.
   56         (g) Reduce, for contracting counties and county
   57  consortiums, both the percentage of nonviolent felony offenders
   58  committed to the state prison system and the percentage of
   59  nonviolent misdemeanants committed to the county detention
   60  system by punishing such offenders within the community or by
   61  requiring them to reside within community-based facilities.
   62         (h) Require nonviolent offenders to meet their community
   63  obligations by maintaining employment, thereby providing
   64  resources for their families, service to the community, and
   65  payment for their cost of supervision and treatment.
   66         (i) Extend the average length of supervision and commitment
   67  to a correctional program for those sentenced to community
   68  corrections programs beyond the actual time that they would have
   69  received at the state level.
   70         (2) ELIGIBILITY OF COUNTIES AND COUNTY CONSORTIUMS.—A
   71  county, or a consortium of two or more counties, may contract
   72  with the Department of Corrections for community corrections
   73  funds as provided in this section. In order to enter into a
   74  community corrections partnership contract, a county or county
   75  consortium and must have a public safety coordinating council
   76  established under s. 951.26 and must designate a county officer
   77  or agency to be responsible for administering community
   78  corrections funds received from the state. The public safety
   79  coordinating council shall prepare, develop, and implement a
   80  comprehensive public safety plan for the county, or the
   81  geographic area represented by the county consortium, and shall
   82  submit an annual report to the department of Corrections
   83  concerning the status of the program. In preparing the
   84  comprehensive public safety plan, the public safety coordinating
   85  council shall cooperate with the juvenile justice circuit board,
   86  and the juvenile justice county council, established under s.
   87  985.664, and the local offender advisory council, established
   88  under s. 948.90, in order to include programs and services for
   89  juveniles and nonviolent offenders in the plan. To be eligible
   90  for community corrections funds under the contract, the initial
   91  public safety plan must be approved by the governing board of
   92  the county, or the governing board of each county within the
   93  consortium, and the Secretary of Corrections based on the
   94  requirements of this section. If one or more other counties
   95  develop a unified public safety plan, the public safety
   96  coordinating council shall submit a single application to the
   97  department for funding. Continued contract funding shall be
   98  pursuant to subsection (5). The plan for a county or county
   99  consortium must cover at least a 5-year period and must include:
  100         (a) A description of programs offered for the job placement
  101  and treatment of offenders in the community.
  102         (b) A specification of community-based intermediate
  103  sentencing options to be offered and the types and number of
  104  offenders to be included in each program.
  105         (c) Specific goals and objectives for reducing the
  106  projected percentage of commitments to the state prison system
  107  of persons with low total sentencing scores pursuant to the
  108  Criminal Punishment Code.
  109         (d) Specific evidence of the population status of all
  110  programs which are part of the plan, which evidence establishes
  111  that such programs do not include offenders who otherwise would
  112  have been on a less intensive form of community supervision.
  113         (e) The assessment of population status by the public
  114  safety coordinating council of all correctional facilities owned
  115  or contracted for by the county or by each county within the
  116  consortium.
  117         (f) The assessment of bed space that is available for
  118  substance abuse intervention and treatment programs and the
  119  assessment of offenders in need of treatment who are committed
  120  to each correctional facility owned or contracted for by the
  121  county or by each county within the consortium.
  122         (g) A description of program costs and sources of funds for
  123  each community corrections program, including community
  124  corrections funds, loans, state assistance, and other financial
  125  assistance.
  126         (3) DEPARTMENTAL RESPONSIBILITIES.—The Department of
  127  Corrections shall:
  128         (a) Administer this section within the goals and mandates
  129  of this legislation.
  130         (b) Report by January 1 of each year to the Governor, the
  131  President of the Senate, and the Speaker of the House of
  132  Representatives on the effectiveness of participating counties
  133  and county consortiums in diverting nonviolent offenders from
  134  the state prison system.
  135         (c) Establish, in cooperation with the governing bodies of
  136  counties and municipalities and with school boards, a program to
  137  provide technical assistance, education, and training to local
  138  governments, nonprofit entities and agencies, and public safety
  139  coordinating councils regarding community corrections and the
  140  provisions of this section.
  141         (d) Develop minimum standards, policies, and administrative
  142  rules for the statewide implementation of this section.
  143         (e) Develop and implement a community corrections
  144  partnership contract process and procedure.
  145         (f) Review community public safety plans and provide
  146  contract funding.
  147         (g) Conduct a review, as often as necessary but not less
  148  than annually, of all program measures, to ensure program
  149  accountability.
  150         (4) PURPOSES OF COMMUNITY CORRECTIONS FUNDS.—
  151         (a) The Secretary of Corrections may contract for the
  152  issuance of community corrections assistance funds, as
  153  appropriated by the Legislature, to an eligible contracting
  154  county or county consortium for the purposes of:
  155         1. Providing community-based corrections programs within
  156  county-owned or county-contracted residential probation
  157  programs.
  158         2. Providing nonincarcerative diversionary programs,
  159  including pretrial release programs, for juvenile offenders or
  160  adult offenders who would otherwise be housed in a county
  161  detention facility, a state juvenile detention facility, or a
  162  state correctional institution.
  163         3. Providing community-based drug treatment programs, both
  164  outpatient and residential, by licensed providers.
  165         4. Funding costs for the enhancement of programs within
  166  county detention facilities.
  167         5. Funding costs for the enhancement of public safety and
  168  crime prevention programs.
  169         (b) Programs, services, and facilities that may be funded
  170  under this section include, but are not limited to:
  171         1. Programs providing pretrial services.
  172         2. Specialized divisions within the circuit or county court
  173  established for the purpose of hearing specific types of cases,
  174  such as drug cases or domestic violence cases.
  175         3. Work camps.
  176         4. Programs providing intensive probation supervision.
  177         5. Military-style boot camps.
  178         6. Work-release facilities.
  179         7. Centers to which offenders report during the day.
  180         8. Restitution centers.
  181         9. Inpatient or outpatient programs for substance abuse
  182  treatment and counseling.
  183         10. Vocational and educational programs.
  184         (c) The application and contract submitted to the
  185  department by the public safety coordinating council may include
  186  provisions for funding the anticipated costs of providing health
  187  care to offenders placed in a program or facility funded under
  188  this section.
  189         (d) Upon the award of community corrections assistance
  190  funds, the department shall disburse one-third of the funds for
  191  provision of the services described above and shall thereafter
  192  disburse the remaining funds on a quarterly basis.
  193         (e) Except as provided in this paragraph, contracting
  194  counties or county consortiums may not use any community
  195  corrections assistance funds for any of the following purposes:
  196         1. Fixed capital outlay in construction, addition,
  197  renovation, or operation of any adult or juvenile secure
  198  detention facility;
  199         2. Construction, addition, renovation, or operation of any
  200  state facility; or
  201         3. Salary of any state probation and parole officer.
  202  
  203  However, community corrections assistance funds may be used to
  204  acquire, renovate, and operate county-owned residential
  205  probation facilities or programs.
  206         (5) CONTINUED CONTRACT FUNDING.—In order to remain eligible
  207  for continued contract funding, a contracting county or county
  208  consortium must substantially comply with the goals, standards,
  209  and objectives set forth in its comprehensive public safety plan
  210  and with the standards established in this section. Each
  211  contracting county or county consortium shall participate with
  212  the department of Corrections in an evaluation of its program
  213  effectiveness in a format to be determined by the department,
  214  with particular emphasis placed upon attainment of the goals
  215  specified in paragraphs (2)(c) and (d). The department is
  216  responsible for the costs of performing the evaluation. If the
  217  department determines that a county or county consortium, in the
  218  course of its regular business and recordkeeping practices, is
  219  unable, without additional funds, to comply with the
  220  department’s request for information necessary to perform an
  221  evaluation, the department shall reimburse reasonable additional
  222  recordkeeping expenses incurred by the county or county
  223  consortium during the evaluation process.
  224         (6) NONCOMPLIANCE WITH PLAN.—If the Secretary of
  225  Corrections determines that there are reasonable grounds to
  226  believe that a contracting county or county consortium is not
  227  substantially complying with its plan or with the standards
  228  established in this section, the secretary shall give 30 days’
  229  written notice to the governing board of the county, or the
  230  governing board of each county within the consortium, and the
  231  chair of the public safety coordinating council. If the
  232  secretary then finds noncompliance by such contracting county or
  233  county consortium, the secretary shall require the governing
  234  board of the county, or the governing board of each county
  235  within the consortium, to provide a written agreement as to how
  236  and when the specific deficiencies identified by the secretary
  237  will be corrected. If no such agreement is submitted to the
  238  secretary within the time limit specified, or if such
  239  deficiencies are not corrected within 45 days after such an
  240  agreement has been approved by the secretary, the secretary may
  241  suspend any part or all of the funding until compliance is
  242  achieved.
  243         (7) ALLOCATION OF FUNDS.—The department shall allocate the
  244  funding for these contracts to counties and county consortiums
  245  to the extent authorized in the General Appropriations Act.
  246         (8) For the purposes of this section, the term “public
  247  safety” does not include the investigative, patrol, or
  248  administrative activities of a law enforcement agency.
  249         Section 2. Section 948.90, Florida Statutes, is amended to
  250  read:
  251         948.90 Local offender advisory councils.—
  252         (1) A local offender advisory council shall be created in
  253  at least one municipality within each county, or within a
  254  consortium of It is the intent of the Legislature that cities
  255  and counties, in order or combinations thereof have the option
  256  to develop, establish, and maintain community programs to
  257  provide the judicial system with community alternatives for
  258  certain nonviolent offenders who may require less than
  259  institutional custody but more than probation supervision
  260  pursuant to this chapter. It is further intended that Such
  261  programs shall provide increased opportunities for offenders to
  262  make restitution to victims of crime through financial
  263  reimbursement or community service, while promoting efficiency
  264  and economy in the delivery of correctional services.
  265         (2) If established within In the event that a municipality
  266  city or county or a combination thereof elects to develop,
  267  establish, and maintain such community program, the council it
  268  shall provide support to a local offender advisory council
  269  composed of members appointed by the municipal city or county
  270  governing body; if a council is established by more than one
  271  local government, an equal number of members shall be appointed
  272  by each participating governing body. Each council shall also
  273  include in its membership two persons appointed by the chief
  274  judge of the circuit serving the jurisdiction or jurisdictions
  275  participating on the council, committee and one person appointed
  276  by the appropriate regional office of the Department of
  277  Corrections, and eight public citizens and advocates of the
  278  criminal justice system appointed by the chairperson of juvenile
  279  justice county councils or boards for a 4-year term.
  280         (3)The members of the local offender advisory council
  281  shall elect a chairperson from among its members who shall be
  282  appointed to a 2-year term. The membership of the council shall
  283  be no more than 38 in number, shall serve without compensation,
  284  and shall conduct business subject to the most recent edition of
  285  Robert’s Rules of Order. The council shall meet quarterly.
  286         (4) Each local offender advisory such council is shall be
  287  responsible for:
  288         (a) Identifying and developing community services and
  289  programs for use by the courts in diverting offenders from state
  290  and county correctional institutions and detention facilities.
  291         (b) Providing a mechanism whereby all offenders with needs
  292  for services will be linked to appropriate agencies and
  293  individuals.
  294         (c) Upon referral to the council by the circuit court,
  295  determining if an appropriate behavioral contract can be
  296  developed with an offender in a community program as an
  297  alternative to incarceration, and providing findings and
  298  recommendations to the referring judge.
  299         (d)Convening at least once a year with the area juvenile
  300  justice circuit boards and county councils, established under s.
  301  985.664, and public safety coordinating council, established
  302  under s. 951.26, to discuss, develop, and coordinate public
  303  safety matters for the future in accordance with the
  304  comprehensive public safety plan.
  305         (5)All meetings of a local offender advisory council, as
  306  well as its records, books, documents, and papers, are open and
  307  available to the public in accordance with ss. 119.07 and
  308  286.011.
  309         Section 3. Section 951.26, Florida Statutes, is amended to
  310  read:
  311         951.26 Public safety coordinating councils.—
  312         (1) Each board of county commissioners shall establish a
  313  county public safety coordinating council for the county or
  314  shall join with a consortium of one or more other counties to
  315  establish a public safety coordinating council for the
  316  geographic area represented by the member counties.
  317         (a)1. The public safety coordinating council for a county
  318  shall consist of:
  319         a. The state attorney, or an assistant state attorney
  320  designated by the state attorney.
  321         b. The public defender, or an assistant public defender
  322  designated by the public defender.
  323         c. The chief circuit judge, or another circuit judge
  324  designated by the chief circuit judge.
  325         d. The chief county judge, or another county judge
  326  designated by the chief county judge.
  327         e. The chief correctional officer.
  328         f. The sheriff, or a member designated by the sheriff, if
  329  the sheriff is not the chief correctional officer.
  330         g. The state probation circuit administrator, or a member
  331  designated by the state probation circuit administrator, to be
  332  appointed to a 4-year term.
  333         h. The chairperson of the board of county commissioners, or
  334  another county commissioner as designee.
  335         i. If the county has such program available, the director
  336  of any county probation or pretrial intervention program, to be
  337  appointed to a 4-year term.
  338         j. The director of a local substance abuse treatment
  339  program, or a member designated by the director, to be appointed
  340  to a 4-year term.
  341         k. Representatives from county and state jobs programs and
  342  other community groups who work with offenders and victims,
  343  appointed by the chairperson of the board of county
  344  commissioners to 4-year terms.
  345         l.Public citizens and advocates of the criminal justice
  346  system, appointed by the chairperson of juvenile justice county
  347  councils or boards and local offender advisory councils to a 4
  348  year term.
  349         2. The members of the public safety coordinating council
  350  for a county shall elect a chairperson from among its members
  351  who shall be appointed to a 2-year term. The chairperson of the
  352  board of county commissioners, or another county commissioner as
  353  designee, shall serve as the chairperson of the council until
  354  the council elects a chairperson from The membership of the
  355  council shall be no more than 21 in number, shall serve without
  356  compensation, and shall conduct business subject to the most
  357  recent edition of Robert’s Rules of Order.
  358         (b)1. The public safety coordinating council for a
  359  consortium of two or more counties shall consist of the
  360  following members, appointed with the approval of each board of
  361  county commissioners within the consortium:
  362         a. A chief circuit judge, or a circuit judge designated by
  363  a chief circuit judge.
  364         b. A chief county judge, or a county judge designated by a
  365  chief county judge.
  366         c. A state attorney, or an assistant state attorney
  367  designated by a state attorney.
  368         d. A public defender, or an assistant public defender
  369  designated by a public defender.
  370         e. A state probation circuit administrator, or a member
  371  designated by a state probation circuit administrator, to be
  372  appointed to a 4-year term.
  373         f. A physician who practices in the area of alcohol and
  374  substance abuse, to be appointed to a 4-year term.
  375         g. A mental health professional who practices in the area
  376  of alcohol and substance abuse, to be appointed to a 4-year
  377  term.
  378         h. A sheriff or a jail administrator for a county within
  379  the consortium.
  380         i. A chief of police for a municipality within the
  381  geographic area of the consortium.
  382         j. A county commissioner from each member county of the
  383  consortium.
  384         k. An elected member of the governing body of the most
  385  populous municipality within the geographic area of the
  386  consortium.
  387         l. An elected member of a school board within the
  388  geographic area of the consortium.
  389         m.Public citizens and advocates of the criminal justice
  390  system, appointed by the chairperson of juvenile justice county
  391  councils or boards and local offender advisory councils to a 4
  392  year term.
  393         2. The members of the public safety coordinating council
  394  shall elect a chairperson from among its members who shall be
  395  appointed to a 2-year term. The membership of the council shall
  396  be no more than 33 in number, shall serve without compensation,
  397  and shall conduct business subject to the most recent edition of
  398  Robert’s Rules of Order.
  399         (2) The council shall meet quarterly at the call of the
  400  chairperson for the purpose of assessing the population status
  401  of all detention or correctional facilities owned or contracted
  402  by the county, or the county consortium, and formulating
  403  recommendations to ensure that the capacities of such facilities
  404  are not exceeded; design, review, and reassess its local public
  405  safety plan; and design, review, and reassess its comprehensive
  406  public safety plan. Such recommendations shall include an
  407  assessment of the availability of pretrial intervention or
  408  probation programs, work-release programs, substance abuse
  409  programs, gain-time schedules, applicable bail bond schedules,
  410  and the confinement status of the inmates housed within each
  411  facility owned or contracted by the county, or the county
  412  consortium.
  413         (3)(a) The council shall may also develop a local public
  414  safety plan for future construction needs. The plan must cover
  415  at least a 5-year period. The plan may be submitted for
  416  consideration to the local planning agency for the county, or
  417  the planning agency for each county within the consortium, at
  418  least 120 days before the adoption of or amendment to the
  419  comprehensive plan for the county by the local planning agency
  420  pursuant to part II of chapter 163.
  421         (b) Each public safety coordinating council shall prepare,
  422  develop, and implement a comprehensive public safety plan for
  423  the county, or the geographic area represented by the county
  424  consortium in accordance with s. 948.51(2)(a)-(g) county, or
  425  county consortium, that contracts to receive community
  426  corrections funds for its community corrections programs under
  427  s. 948.51 shall require the public safety coordinating council
  428  to develop a comprehensive public safety plan as described
  429  therein which includes the future public safety construction
  430  needs as described in paragraph (a).
  431         (c)The council shall convene at least once a year with its
  432  area juvenile justice circuit boards and county councils,
  433  established under s. 985.664, and local offender advisory
  434  councils, established under s. 948.90, to discuss, develop, and
  435  coordinate public safety matters for the future in accordance
  436  with the comprehensive public safety plan.
  437         (4) All meetings of a public safety coordinating council,
  438  as well as its records, books, documents, and papers, are open
  439  and available to the public in accordance with ss. 119.07 and
  440  286.011.
  441         Section 4. This act shall take effect July 1, 2010.

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