Bill Text: FL S0338 | 2019 | Regular Session | Comm Sub


Bill Title: Extension of Confinement

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Failed) 2019-05-03 - Died in Appropriations [S0338 Detail]

Download: Florida-2019-S0338-Comm_Sub.html
       Florida Senate - 2019                              CS for SB 338
       
       
        
       By the Committee on Criminal Justice; and Senator Brandes
       
       
       
       
       
       591-02321-19                                           2019338c1
    1                        A bill to be entitled                      
    2         An act relating to extension of confinement; amending
    3         s. 945.091, F.S.; authorizing the Department of
    4         Corrections to extend the limits of confinement to
    5         allow an inmate to participate in supervised community
    6         release, subject to certain requirements, as
    7         prescribed by the department by rule; requiring the
    8         department to administer a risk assessment instrument
    9         to appropriately determine an inmate’s ability to be
   10         released; authorizing the department to terminate the
   11         inmate’s supervised community release and return him
   12         or her to the same or another institution under
   13         certain circumstances; authorizing a law enforcement
   14         or probation officer to arrest an inmate without a
   15         warrant under certain circumstances; requiring the law
   16         enforcement officer to report alleged violations to a
   17         supervising probation office or the department’s
   18         emergency action center for disposition of
   19         disciplinary charges as prescribed by the department
   20         by rule; requiring an inmate participating in
   21         supervised community release to remain eligible to
   22         earn or lose gain-time, subject to certain
   23         restrictions; prohibiting the inmate from being
   24         counted in the population of the prison system;
   25         prohibiting the inmate’s approved community-based
   26         housing location from being counted in the capacity
   27         figures for the prison system; reenacting ss.
   28         944.516(2), 945.092, and 946.503(2), F.S., relating to
   29         money or other property received for personal use or
   30         benefit of an inmate, limits on work-release and
   31         minimum security custody for persons who have
   32         committed the crime of escape, and definitions to be
   33         used with respect to correctional work programs,
   34         respectively, to incorporate the amendment made to s.
   35         945.091, F.S., in references thereto; providing an
   36         effective date.
   37          
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Paragraph (d) is added to subsection (1) of
   41  section 945.091, Florida Statutes, to read:
   42         945.091 Extension of the limits of confinement; restitution
   43  by employed inmates.—
   44         (1) The department may adopt rules permitting the extension
   45  of the limits of the place of confinement of an inmate as to
   46  whom there is reasonable cause to believe that the inmate will
   47  honor his or her trust by authorizing the inmate, under
   48  prescribed conditions and following investigation and approval
   49  by the secretary, or the secretary’s designee, who shall
   50  maintain a written record of such action, to leave the confines
   51  of that place unaccompanied by a custodial agent for a
   52  prescribed period of time to:
   53         (d) Participate in supervised community release as
   54  prescribed by the department by rule. The inmate’s participation
   55  may begin 180 days before his or her provisional or tentative
   56  release date. Such supervised community release must include
   57  active electronic monitoring and community control as defined in
   58  s. 948.001. The department must administer a risk assessment
   59  instrument to appropriately determine an inmate’s ability to be
   60  released pursuant to this paragraph.
   61         1. If a participating inmate fails to comply with the
   62  conditions prescribed by the department by rule for supervised
   63  community release, the department may terminate the inmate’s
   64  supervised community release and return him or her to the same
   65  or another institution designated by the department. A law
   66  enforcement officer or a probation officer may arrest the inmate
   67  without a warrant in accordance with s. 948.06, if there are
   68  reasonable grounds to believe he or she has violated the terms
   69  and conditions of supervised community release. The law
   70  enforcement officer must report the inmate’s alleged violations
   71  to the supervising probation office or the department’s
   72  emergency action center for disposition of disciplinary charges
   73  as prescribed by the department by rule.
   74         2. An inmate participating in supervised community release
   75  under this paragraph remains eligible to earn or lose gain-time
   76  in accordance with s. 944.275 and department rule, but may not
   77  receive gain-time or other sentence credit in an amount that
   78  would cause his or her sentence to expire, end, or terminate, or
   79  that would result in his or her release before serving a minimum
   80  of 85 percent of the sentence imposed. The inmate may not be
   81  counted in the population of the prison system, and the inmate’s
   82  approved community-based housing location may not be counted in
   83  the capacity figures for the prison system.
   84         Section 2. For the purpose of incorporating the amendment
   85  made by this act to section 945.091, Florida Statutes, in a
   86  reference thereto, subsection (2) of section 944.516, Florida
   87  Statutes, is reenacted to read:
   88         944.516 Money or other property received for personal use
   89  or benefit of inmate; deposit; disposition of unclaimed trust
   90  funds.—The Department of Corrections shall protect the financial
   91  interest of the state with respect to claims which the state may
   92  have against inmates in state institutions under its supervision
   93  and control and shall administer money and other property
   94  received for the personal benefit of such inmates. In carrying
   95  out the provisions of this section, the department may delegate
   96  any of its enumerated powers and duties affecting inmates of an
   97  institution to the warden or regional director who shall
   98  personally, or through designated employees of his or her
   99  personal staff under his or her direct supervision, exercise
  100  such powers or perform such duties.
  101         (2) The department shall require documentation through an
  102  accounting of receipts for expenditures by inmates placed on
  103  extended limits of confinement pursuant to s. 945.091. However,
  104  the department may allow such inmates an amount up to $25 per
  105  week which may not require documentation and which may be used
  106  for discretionary needs. The $25 per week may be increased by $5
  107  biennially, beginning in fiscal year 1985-1986, up to a total of
  108  $50.
  109         Section 3. For the purpose of incorporating the amendment
  110  made by this act to section 945.091, Florida Statutes, in a
  111  reference thereto, section 945.092, Florida Statutes, is
  112  reenacted to read:
  113         945.092 Limits on work-release and minimum security custody
  114  for persons who have committed the crime of escape.—A person who
  115  has ever been convicted, regardless of adjudication, of the
  116  offense of escape, as prohibited by s. 944.40 or its successor,
  117  or as prohibited by a similar law of another state, is not
  118  eligible for any work-release program under s. 945.091 or for
  119  confinement in minimum security conditions.
  120         Section 4. For the purpose of incorporating the amendment
  121  made by this act to section 945.091, Florida Statutes, in a
  122  reference thereto, subsection (2) of section 946.503, Florida
  123  Statutes, is reenacted to read:
  124         946.503 Definitions to be used with respect to correctional
  125  work programs.—As used in this part, the term:
  126         (2) “Correctional work program” means any program presently
  127  a part of the prison industries program operated by the
  128  department or any other correctional work program carried on at
  129  any state correctional facility presently or in the future, but
  130  the term does not include any program authorized by s. 945.091
  131  or s. 946.40.
  132         Section 5. This act shall take effect October 1, 2019.

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