Bill Text: FL S1220 | 2017 | Regular Session | Introduced
Bill Title: Work Release for Nonviolent and Low-risk Offenders
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2017-05-05 - Died in Criminal Justice [S1220 Detail]
Download: Florida-2017-S1220-Introduced.html
Florida Senate - 2017 SB 1220 By Senator Bracy 11-00864-17 20171220__ 1 A bill to be entitled 2 An act relating to work release for nonviolent and 3 low-risk offenders; amending s. 945.091, F.S.; 4 requiring, rather than authorizing, the Department of 5 Corrections to adopt rules to allow inmates who are 6 incarcerated for nonviolent offenses and who are 7 considered low-risk offenders to participate in, 8 unaccompanied by a custodial agent and for a 9 prescribed time, work at paid employment, to 10 participate in an education or a training program, or 11 to voluntarily serve a public or nonprofit agency or 12 faith-based service group in the community; amending 13 ss. 944.704 and 945.0913, F.S.; conforming cross 14 references; reenacting ss. 944.516(2), 945.092, and 15 946.503(2), F.S., relating to money or other property 16 received for personal use by or benefit of an inmate, 17 limits on work-release and minimum security custody 18 for persons who have committed the crime of escape, 19 and the definition of the term “correctional work 20 program,” respectively, to incorporate the amendment 21 made to s. 945.091, F.S., in references thereto; 22 providing an effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. Subsection (1) of section 945.091, Florida 27 Statutes, is amended, present subsections (2) through (8) of 28 that section are redesignated as subsections (3) through (9), 29 respectively, a new subsection (2) is added to that section, and 30 paragraph (a) of present subsection (6) of that section is 31 amended, to read: 32 945.091 Extension of the limits of confinement; restitution 33 by employed inmates.— 34 (1) The department may adopt rules allowingpermittingthe 35 extension of the limits of the place of confinement of an inmate 36 ifas to whomthere is reasonable cause to believe that the 37 inmate will honor his or her trust by authorizing the inmate, 38 under prescribed conditions and following investigation and 39 approval by the secretary, or the secretary’s designee, who 40 shall maintain a written record of such action, to leave the 41 confines of that place unaccompanied by a custodial agent for a 42 prescribedperiod oftime to: 43 (a) Visit, for a specified period, a specifically 44 designated place or places: 45 1. For the purpose of visiting a dying relative, attending 46 the funeral of a relative, or arranging for employment or for a 47 suitable residence for use when released; 48 2. To otherwise aid in the rehabilitation of the inmate and 49 his or her successful transition into the community; or 50 3. For another compelling reason consistent with the public 51 interest, 52 53 and return to the same or another institution or facility 54 designated by the Department of Corrections. 55(b) Work at paid employment, participate in an education or56a training program, or voluntarily serve a public or nonprofit57agency or faith-based service group in the community, while58continuing as an inmate of the institution or facility in which59the inmate is confined, except during the hours of his or her60employment, education, training, or service and traveling61thereto and therefrom. An inmate may travel to and from his or62her place of employment, education, or training only by means of63walking, bicycling, or using public transportation or64transportation that is provided by a family member or employer.65Contingent upon specific appropriations, the department may66transport an inmate in a state-owned vehicle if the inmate is67unable to obtain other means of travel to his or her place of68employment, education, or training.691. An inmate may participate in paid employment only during70the last 36 months of his or her confinement, unless sooner71requested by the Florida Commission on Offender Review or the72Control Release Authority.732. While working at paid employment and residing in the74facility, an inmate may apply for placement at a contracted75substance abuse transition housing program. The transition76assistance specialist shall inform the inmate of program77availability and assess the inmate’s need and suitability for78transition housing assistance. If an inmate is approved for79placement, the specialist shall assist the inmate. If an inmate80requests and is approved for placement in a contracted faith81based substance abuse transition housing program, the specialist82must consult with the chaplain before such placement. The83department shall ensure that an inmate’s faith orientation, or84lack thereof, will not be considered in determining admission to85a faith-based program and that the program does not attempt to86convert an inmate toward a particular faith or religious87preference.88 (b)(c)Participate in a residential or nonresidential 89 rehabilitative program operated by a public or private nonprofit 90 agency, including faith-based service groups, with which the 91 department has contracted for the treatment of such inmate. The 92 provisions of ss. 216.311 and 287.057 shall apply to all 93 contracts between the department and any private entity 94 providing such services. The department shall require such 95 agency to provide appropriate supervision of inmates 96 participating in such program. The department is authorized to 97 terminate any inmate’s participation in the program if such 98 inmate fails to demonstrate satisfactory progress in the program 99 as established by departmental rules. 100 (2) The department must adopt rules allowing the extension 101 of the limits of the place of confinement of an inmate if there 102 is reasonable cause to believe that the inmate will honor his or 103 her trust by authorizing an inmate who is incarcerated for a 104 nonviolent offense and who is considered a low-risk offender to 105 leave the confines of that place unaccompanied by a custodial 106 agent for a prescribed time to work at paid employment, 107 participate in an education or a training program, or 108 voluntarily serve a public or nonprofit agency or faith-based 109 service group in the community, while continuing as an inmate of 110 the institution or facility in which the inmate is confined, 111 except during the hours of his or her employment, education, 112 training, or service and traveling thereto and therefrom. An 113 inmate may travel to and from his or her place of employment, 114 education, training, or service only by means of walking, 115 bicycling, or using public transportation or transportation that 116 is provided by a family member or employer. Contingent upon 117 specific appropriations, the department may transport an inmate 118 in a state-owned vehicle if the inmate is unable to obtain other 119 means of travel to his or her place of employment, education, 120 training, or service. 121 (a) An inmate may participate in paid employment only 122 during the last 36 months of his or her confinement, unless 123 authorized to do so sooner by the Florida Commission on Offender 124 Review or the Control Release Authority. 125 (b) While working at paid employment and residing in the 126 institution or facility, an inmate may apply for placement at a 127 contracted substance abuse transition housing program. The 128 transition assistance specialist shall inform the inmate of 129 program availability and assess the inmate’s need and 130 suitability for transition housing assistance. If an inmate is 131 approved for placement, the specialist shall assist the inmate. 132 If an inmate requests and is approved for placement in a 133 contracted faith-based substance abuse transition housing 134 program, the specialist must consult with the chaplain before 135 such placement. The department shall ensure that an inmate’s 136 faith orientation, or lack thereof, is not considered in 137 determining admission to a faith-based program and that the 138 program does not attempt to convert an inmate toward a 139 particular faith or religious preference. 140 (7)(6)(a) The department shall require inmates working at 141 paid employment as provided in subsection (2)paragraph (1)(b)142 to use a portion of the employment proceeds to provide 143 restitution to the aggrieved party for the damage or loss caused 144 by the offense of the inmate, in an amount to be determined by 145 the department, unless the department finds clear and compelling 146 reasons not to order such restitution. If restitution or partial 147 restitution is not ordered, the department shall state on the 148 record in detail the reasons therefor. 149 Section 2. Subsection (1) of section 944.704, Florida 150 Statutes, is amended to read: 151 944.704 Staff who provide transition assistance; duties. 152 The department shall provide a transition assistance specialist 153 at each of the major institutions whose duties include, but are 154 not limited to: 155 (1) Coordinating delivery of transition assistance program 156 services at the institution and at the community correctional 157 centers authorized pursuant to s. 945.091s. 945.091(1)(b). 158 159 The transition assistance specialist may not be a correctional 160 officer or correctional probation officer as defined in s. 161 943.10. 162 Section 3. Section 945.0913, Florida Statutes, is amended 163 to read: 164 945.0913 Inmates prohibited from driving state-owned 165 vehicles to transport inmates in a work-release program.—An 166 inmate may not drive a state-owned vehicle for the purpose of 167 transporting inmates who are participating in a work-release 168 program authorized in s. 945.091s. 945.091(1)(b). 169 Section 4. For the purpose of incorporating the amendment 170 made by this act to section 945.091, Florida Statutes, in a 171 reference thereto, subsection (2) of section 944.516, Florida 172 Statutes, is reenacted to read: 173 944.516 Money or other property received for personal use 174 or benefit of inmate; deposit; disposition of unclaimed trust 175 funds.—The Department of Corrections shall protect the financial 176 interest of the state with respect to claims which the state may 177 have against inmates in state institutions under its supervision 178 and control and shall administer money and other property 179 received for the personal benefit of such inmates. In carrying 180 out the provisions of this section, the department may delegate 181 any of its enumerated powers and duties affecting inmates of an 182 institution to the warden or regional director who shall 183 personally, or through designated employees of his or her 184 personal staff under his or her direct supervision, exercise 185 such powers or perform such duties. 186 (2) The department shall require documentation through an 187 accounting of receipts for expenditures by inmates placed on 188 extended limits of confinement pursuant to s. 945.091. However, 189 the department may allow such inmates an amount up to $25 per 190 week which may not require documentation and which may be used 191 for discretionary needs. The $25 per week may be increased by $5 192 biennially, beginning in fiscal year 1985-1986, up to a total of 193 $50. 194 Section 5. For the purpose of incorporating the amendment 195 made by this act to section 945.091, Florida Statutes, in a 196 reference thereto, section 945.092, Florida Statutes, is 197 reenacted to read: 198 945.092 Limits on work-release and minimum security custody 199 for persons who have committed the crime of escape.—A person who 200 has ever been convicted, regardless of adjudication, of the 201 offense of escape, as prohibited by s. 944.40 or its successor, 202 or as prohibited by a similar law of another state, is not 203 eligible for any work-release program under s. 945.091 or for 204 confinement in minimum security conditions. 205 Section 6. For the purpose of incorporating the amendment 206 made by this act to section 945.091, Florida Statutes, in a 207 reference thereto, subsection (2) of section 946.503, Florida 208 Statutes, is reenacted to read: 209 946.503 Definitions to be used with respect to correctional 210 work programs.—As used in this part, the term: 211 (2) “Correctional work program” means any program presently 212 a part of the prison industries program operated by the 213 department or any other correctional work program carried on at 214 any state correctional facility presently or in the future, but 215 the term does not include any program authorized by s. 945.091 216 or s. 946.40. 217 Section 7. This act shall take effect July 1, 2017.