Florida Senate - 2019                             CS for SB 1074
       
       
        
       By the Committee on Criminal Justice; and Senator Brandes
       
       
       
       
       
       591-03159-19                                          20191074c1
    1                        A bill to be entitled                      
    2         An act relating to sentencing; creating s. 948.0121,
    3         F.S.; defining terms; creating a conditional sentence
    4         for substance use and mental health offenders in
    5         accordance with s. 948.012, F.S.; authorizing a court
    6         to sentence an offender to a conditional sentence;
    7         specifying requirements an offender must meet to be
    8         eligible to receive a conditional sentence; requiring
    9         that an eligible offender be a nonviolent offender;
   10         defining the term “nonviolent offender”; providing
   11         minimum sentencing requirements for a conditional
   12         sentence; providing an exception to the court’s order
   13         of a conditional sentence; authorizing the sentencing
   14         court to have the Department of Corrections provide a
   15         presentence investigation report in accordance with s.
   16         921.231, F.S., to provide the court with certain
   17         information to determine the type of probation most
   18         appropriate for the offender; requiring the department
   19         to perform specified duties; authorizing the
   20         department to enter into certain contracts; requiring
   21         the department to provide written notification to
   22         specified parties upon the offender’s admission into
   23         an in-prison treatment program; providing that the
   24         department may find that an offender is not eligible
   25         to participate in an in-prison treatment program under
   26         certain circumstances; requiring written notification
   27         from the department to certain parties if an offender
   28         is terminated from or prevented from entering an in
   29         prison treatment program; requiring that an offender
   30         be transitioned to probation upon the completion of
   31         his or her in-prison treatment program; requiring an
   32         offender to comply with specified terms of drug
   33         offender or mental health probation; requiring the
   34         offender to pay specified costs associated with his or
   35         her probation; providing that certain violations may
   36         result in revocation of probation by the court and
   37         imposition of any sentence authorized by law;
   38         requiring the department to develop a computerized
   39         system to track certain data; requiring the
   40         department, on a certain date and annually thereafter,
   41         to submit an annual report to the Governor and the
   42         Legislature; requiring the department to adopt certain
   43         rules; providing an effective date.
   44          
   45  Be It Enacted by the Legislature of the State of Florida:
   46  
   47         Section 1. Section 948.0121, Florida Statutes, is created
   48  to read:
   49         948.0121Conditional sentences for substance use or mental
   50  health offenders.—
   51         (1) DEFINITIONS.—As used in this section, the term:
   52         (a) “Department” means the Department of Corrections.
   53         (b) “Offender” means a person found guilty of a felony
   54  offense and who receives a conditional sentence for substance
   55  use or mental health offenders as prescribed in this section.
   56         (2) CREATION.—A conditional sentence for substance use or
   57  mental health offenders is established in accordance with s.
   58  948.012. A court may sentence an offender to a conditional
   59  sentence in accordance with this section. A conditional sentence
   60  imposed by a court pursuant to this section does not confer to
   61  the offender any right to release from incarceration and
   62  placement on drug offender or mental health offender probation
   63  unless such offender complies with all sentence requirements in
   64  accordance with this section.
   65         (3) ELIGIBILITY.—For an offender to receive a conditional
   66  sentence under this section, he or she must be a nonviolent
   67  offender who is in need of substance use or mental health
   68  treatment and who does not pose a danger to the community. As
   69  used in this subsection, the term “nonviolent offender means an
   70  offender who has never been convicted of, or pled guilty or no
   71  contest to, the commission of, an attempt to commit, or a
   72  conspiracy to commit, any of the following:
   73         (a) A capital, life, or first degree felony.
   74         (b) A second degree felony or third degree felony listed in
   75  s. 775.084(1)(c)1.
   76         (c) A violation of s. 784.021, s. 784.07, s. 827.03, or s.
   77  843.01, or any offense that requires a person to register as a
   78  sex offender in accordance with s. 943.0435.
   79         (d) An offense for which the sentence was enhanced under s.
   80  775.087.
   81         (e) An offense in another jurisdiction which would be an
   82  offense described in this subsection, or which would have been
   83  enhanced under s. 775.087, if that offense had been committed in
   84  this state.
   85         (4) SENTENCING REQUIREMENTS.—
   86         (a) A court must order the offender as a part of a
   87  conditional sentence for substance use or mental health
   88  offenders, at a minimum, to:
   89         1.Serve a term of imprisonment which must include an in
   90  prison treatment program for substance use, mental health, or
   91  co-occurring disorders which is a minimum of 90 days in-custody
   92  treatment and is administered by the department at a department
   93  facility; and
   94         2. Upon successful completion of such in-custody treatment
   95  program, comply with a term of special offender probation for 24
   96  months, which shall serve as a modification of the remainder of
   97  his or her term of imprisonment, and must consist of:
   98         a.Either drug offender or mental health probation, to be
   99  determined by the court at the time of sentencing;
  100         b.Any special conditions of probation ordered by the
  101  sentencing court; and
  102         c.Any recommendations made by the department in a
  103  postrelease treatment plan for substance use or mental health
  104  aftercare services.
  105         (b) If the department finds that the offender is ineligible
  106  or not appropriate for placement in an in-custody treatment
  107  program for the reasons prescribed in subsection (7), or for any
  108  other reason the department deems as good cause then the
  109  offender shall serve the remainder of his or her term of
  110  imprisonment in the custody of the department.
  111         (c) The appropriate type of special offender probation
  112  shall be determined by the court at the time of sentencing based
  113  upon the recommendation by the department in a presentence
  114  investigation report.
  115         (5) PRESENTENCE INVESTIGATION REPORT.—The court may order
  116  the department to conduct a presentence investigation report in
  117  accordance with s. 921.231 for any offender who the court
  118  believes may be sentenced under this section to provide the
  119  court with appropriate information to make a determination at
  120  the time of sentencing of whether drug offender or mental health
  121  probation is most appropriate for the offender.
  122         (6) DEPARTMENT DUTIES.—The department:
  123         (a) Shall administer treatment programs that comply with
  124  the type of treatment required in this section.
  125         (b) May develop and enter into performance-based contracts
  126  with qualified individuals, agencies, or corporations to provide
  127  any or all services necessary for the in-custody treatment
  128  program. Such contracts may not be entered into or renewed
  129  unless they offer a substantial savings to the department. The
  130  department may establish a system of incentives in an in-custody
  131  treatment program to promote offender participation in
  132  rehabilitative programs and the orderly operation of
  133  institutions and facilities.
  134         (c) Shall provide a special training program for staff
  135  members selected to administer or implement an in-custody
  136  treatment program.
  137         (d) Shall evaluate the offender’s needs and develop a
  138  postrelease treatment plan that includes substance use or mental
  139  health aftercare services.
  140         (7) IN-PRISON TREATMENT.—
  141         (a) The department shall give written notification of the
  142  offender’s admission into an in-prison treatment program portion
  143  of the conditional sentence to the sentencing court, the state
  144  attorney, the defense counsel for the offender, and any victim
  145  of the offense committed by the offender.
  146         (b)If, after evaluating an offender for custody and
  147  classification status, the department determines at any point
  148  during the term of imprisonment that an offender sentenced under
  149  this section does not meet the criteria for placement in an in
  150  prison treatment program portion of the conditional sentence, as
  151  determined in rule by the department, or that space is not
  152  available for the offender’s placement in an in-prison treatment
  153  program, the department must immediately notify the court, the
  154  state attorney, and the defense counsel that this portion of the
  155  sentence is unsuccessfully served in accordance with paragraph
  156  (4)(b).
  157         (c) If, after placement in an in-prison treatment program,
  158  an offender is unable to participate due to medical concerns or
  159  other reasons, he or she must be examined by qualified medical
  160  personnel or qualified nonmedical personnel appropriate for the
  161  offender’s situation, as determined by the department. The
  162  qualified personnel shall consult with the director of the in
  163  prison treatment program, and the director shall determine
  164  whether the offender will continue with treatment or be
  165  discharged from the program. If the director discharges the
  166  offender from the treatment program, the department must
  167  immediately notify the court, the state attorney, and the
  168  defense counsel that this portion of the sentence is
  169  unsuccessfully served in accordance with paragraph (4)(b).
  170         (d) If, after placement in an in-prison treatment program,
  171  an offender is unable to participate due to disruptive behavior
  172  or violations of any of the rules the department adopts to
  173  implement this section, the director shall determine whether the
  174  offender will continue with treatment or be discharged from the
  175  program. If the director discharges the offender from the
  176  treatment program, the department must immediately notify the
  177  court, the state attorney, and the defense counsel that this
  178  portion of the sentence is unsuccessfully served in accordance
  179  with paragraph (4)(b).
  180         (e) An offender participating in an in-prison treatment
  181  program portion of his or her imprisonment must comply with any
  182  additional requirements placed on the participants by the
  183  department in rule. If an offender violates any of the rules, he
  184  or she may have sanctions imposed, including loss of privileges,
  185  restrictions, disciplinary confinement, forfeiture of gain-time
  186  or the right to earn gain-time in the future, alteration of
  187  release plans, termination from the in-prison treatment program,
  188  or other program modifications in keeping with the nature and
  189  gravity of the program violation. The department may place an
  190  inmate participating in an in-prison treatment program in
  191  administrative or protective confinement, as necessary.
  192         (8) DRUG OFFENDER OR MENTAL HEALTH PROBATION.—
  193         (a) Upon completion of the in-prison treatment program
  194  ordered by the court, the offender shall be transitioned into
  195  the community to begin his or her drug offender or mental health
  196  probation for a term of 24 months, as ordered by the court at
  197  the time of sentencing in accordance with subsection (4).
  198         (b) An offender on drug offender or mental health probation
  199  following a conditional sentence imposed pursuant to this
  200  section must comply with all standard conditions of drug
  201  offender or mental health probation and any special condition of
  202  probation ordered by the sentencing court, including
  203  participation in an aftercare substance abuse or mental health
  204  program, residence in a postrelease transitional residential
  205  halfway house, or any other appropriate form of supervision or
  206  treatment.
  207         (c)1.If an offender placed on drug offender probation
  208  resides in a county that has established a drug court or a
  209  postadjudicatory drug court, the offender shall be monitored by
  210  the court as a condition of drug offender probation.
  211         2. If an offender placed on mental health offender
  212  probation resides in a county that has established a mental
  213  health court, the offender shall be monitored by the court as a
  214  condition of mental health offender probation.
  215         (d) While on probation pursuant to this subsection, the
  216  offender shall pay all appropriate costs of probation to the
  217  department. An offender who is determined to be financially able
  218  shall also pay all costs of substance abuse or mental health
  219  treatment. The court may impose on the offender additional
  220  conditions requiring payment of restitution, court costs, fines,
  221  community service, or compliance with other special conditions.
  222         (e) An offender’s violation of any condition or order may
  223  result in revocation of probation by the court and imposition of
  224  any sentence authorized under the law, with credit given for the
  225  time already served in prison.
  226         (9) REPORTING.—The department shall develop a computerized
  227  system to track data on the recidivism and recommitment of
  228  offenders who have been sentenced to a conditional sentence for
  229  substance use or mental health offenders. On October 1, 2020,
  230  and on each October 1 thereafter, the department shall submit an
  231  annual report of the results of the collected data to the
  232  Governor, the President of the Senate, and the Speaker of the
  233  House of Representatives.
  234         (10) RULEMAKING.—The department shall adopt rules pursuant
  235  to ss. 120.536(1) and 120.54 to administer this section.
  236         Section 2. This act shall take effect October 1, 2019.