Bill Text: FL S1304 | 2020 | Regular Session | Introduced
Bill Title: Sentencing
Spectrum: Bipartisan Bill
Status: (Failed) 2020-03-14 - Died in Appropriations [S1304 Detail]
Download: Florida-2020-S1304-Introduced.html
Florida Senate - 2020 SB 1304
By Senator Brandes
24-01476A-20 20201304__
1 A bill to be entitled
2 An act relating to sentencing; creating s. 948.0121,
3 F.S.; defining terms; creating conditional sentences
4 for substance use and mental health offenders;
5 specifying eligibility requirements; providing minimum
6 sentencing requirements; providing an exception to a
7 conditional sentence; authorizing a presentence
8 investigation report; specifying duties of the
9 Department of Corrections; authorizing the department
10 to enter into certain contracts; requiring the
11 department to provide written notice to specified
12 parties upon the offender’s admission into an in
13 prison treatment program; providing that the
14 department may find that an offender is ineligible for
15 an in-prison program under certain circumstances;
16 requiring written notice to certain parties if an
17 offender is terminated from or prevented from entering
18 an in-prison program; requiring that an offender be
19 transitioned to probation upon the completion of an
20 in-prison program; requiring an offender to comply
21 with specified terms of probation; requiring the
22 offender to pay specified costs; providing that
23 certain violations may result in revocation of
24 probation and imposition of any authorized sentence;
25 requiring the department to develop a computerized
26 tracking system; requiring the department make an
27 annual report; requiring rulemaking; providing an
28 effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
32 Section 1. Section 948.0121, Florida Statutes, is created
33 to read:
34 948.0121 Conditional sentences for substance use or mental
35 health offenders.—
36 (1) DEFINITIONS.—As used in this section, the term:
37 (a) “Department” means the Department of Corrections.
38 (b) “Offender” means a person who is convicted of a felony
39 offense and who receives a conditional sentence for substance
40 use or a person with a mental health disorder as prescribed in
41 this section.
42 (2) CREATION.—A conditional sentence for offenders is
43 established in accordance with s. 948.012. A court may sentence
44 an offender to a conditional sentence in accordance with this
45 section. A conditional sentence imposed by a court under this
46 section does not confer to the offender any right to release
47 from incarceration and placement on drug offender or mental
48 health probation unless the offender complies with all sentence
49 requirements in accordance with this section.
50 (3) ELIGIBILITY.—For an offender to receive a conditional
51 sentence under this section, he or she must be a nonviolent
52 offender who is in need of substance use or mental health
53 treatment and who does not pose a danger to the community. As
54 used in this subsection, the term “nonviolent offender” means an
55 offender who has never been convicted of, or pled guilty or no
56 contest to, the commission of, an attempt to commit, or a
57 conspiracy to commit, any of the following:
58 (a) A capital, life, or first degree felony.
59 (b) A second degree felony or third degree felony listed in
60 s. 775.084(1)(c)1.
61 (c) A violation of s. 784.021, s. 784.07, s. 827.03, or s.
62 843.01 or any offense that requires a person to register as a
63 sex offender in accordance with s. 943.0435.
64 (d) An offense for which the sentence was enhanced under s.
65 775.087.
66 (e) An offense in another jurisdiction which would be an
67 offense described in this subsection, or which would have been
68 enhanced under s. 775.087 if the offense had been committed in
69 this state.
70 (4) SENTENCING REQUIREMENTS.—
71 (a) As part of a conditional sentence for an offender with
72 a substance use or mental health disorder, a court must order
73 such offender, at a minimum, to:
74 1. Serve a term of imprisonment which must include an in
75 prison treatment program for substance use, mental health, or
76 co-occurring disorders which consists of a minimum of 90 days of
77 custodial treatment and is administered by the department at a
78 department facility.
79 2. Upon successful completion of a custodial treatment
80 program, comply with a term of special offender probation for 24
81 months, which shall serve as a modification of the remainder of
82 his or her term of imprisonment, and must consist of:
83 a. Either drug offender or mental health probation, to be
84 determined by the court at the time of sentencing.
85 b. Any special conditions of probation ordered by the
86 sentencing court.
87 c. Any recommendations made by the department in a
88 postrelease treatment plan for substance use or mental health
89 aftercare services.
90 (b) If the department finds that the offender is ineligible
91 or not appropriate for placement in a custodial treatment
92 program for the reasons prescribed in subsection (7), or for any
93 other reason the department deems as good cause then the
94 offender shall serve the remainder of his or her term of
95 imprisonment in the custody of the department.
96 (c) The appropriate type of special offender probation
97 shall be determined by the court at the time of sentencing based
98 upon the recommendation by the department in a presentence
99 investigation report.
100 (5) PRESENTENCE INVESTIGATION REPORT.—The court may order
101 the department to conduct a presentence investigation report in
102 accordance with s. 921.231 for an offender who the court
103 believes may be sentenced under this section to provide the
104 court with appropriate information to make a determination at
105 the time of sentencing of whether drug offender or mental health
106 probation is most appropriate for the offender.
107 (6) DEPARTMENT DUTIES.—The department:
108 (a) Shall administer custodial treatment programs that
109 comply with the type of treatment required in this section.
110 (b) May develop and enter into performance-based contracts
111 with qualified individuals, agencies, or corporations to provide
112 any services necessary for the custodial treatment program. Such
113 contracts may only be entered into or renewed if the contracts
114 offer a substantial savings to the department. The department
115 may establish a system of incentives in a custodial treatment
116 program to promote offender participation in rehabilitative
117 programs and the orderly operation of institutions and
118 facilities.
119 (c) Shall provide a special training program for staff
120 members selected to administer or implement a custodial
121 treatment program.
122 (d) Shall evaluate the offender’s needs and develop a
123 postrelease treatment plan that includes substance use or mental
124 health aftercare services.
125 (7) IN-PRISON TREATMENT.—
126 (a) The department shall give written notification of the
127 offender’s admission into an in-prison treatment program portion
128 of the conditional sentence to the sentencing court, the state
129 attorney, the defense counsel for the offender, and any victim
130 of the offense committed by the offender.
131 (b) If, after evaluating an offender for custody and
132 classification status, the department determines at any point
133 during the term of imprisonment that an offender sentenced under
134 this section does not meet the criteria for placement in an in
135 prison treatment program portion of the conditional sentence, as
136 determined in rule by the department, or that space is not
137 available for the offender’s placement in an in-prison treatment
138 program, the department must immediately notify the court, the
139 state attorney, and the defense counsel that this portion of the
140 sentence is unsuccessfully served in accordance with paragraph
141 (4)(b).
142 (c) If, after placement in an in-prison treatment program,
143 an offender is unable to participate due to medical concerns or
144 other reasons, he or she must be examined by qualified medical
145 personnel or qualified nonmedical personnel appropriate for the
146 offender’s situation, as determined by the department. The
147 qualified personnel shall consult with the director of the in
148 prison treatment program, and the director shall determine
149 whether the offender will continue with treatment or be
150 discharged from the program. If the director discharges the
151 offender from the treatment program, the department must
152 immediately notify the court, the state attorney, and the
153 defense counsel that this portion of the sentence is
154 unsuccessfully served in accordance with paragraph (4)(b).
155 (d) If, after placement in an in-prison treatment program,
156 an offender is unable to participate due to disruptive behavior
157 or violations of any of the rules the department adopts to
158 implement this section, the director shall determine whether the
159 offender will continue with treatment or be discharged from the
160 program. If the director discharges the offender from the
161 treatment program, the department must immediately notify the
162 court, the state attorney, and the defense counsel that this
163 portion of the sentence is unsuccessfully served in accordance
164 with paragraph (4)(b).
165 (e) An offender participating in an in-prison treatment
166 program portion of his or her sentence must comply with any
167 additional requirements placed on the participants by the
168 department in rule. If an offender violates a rule, he or she
169 may have sanctions imposed, including loss of privileges,
170 restrictions, disciplinary confinement, forfeiture of gain-time
171 or the right to earn gain-time in the future, alteration of
172 release plans, termination from the in-prison treatment program,
173 or other program modifications in keeping with the nature and
174 gravity of the rule violation. The department may place an
175 offender participating in an in-prison treatment program in
176 administrative or protective confinement, as necessary.
177 (8) DRUG OFFENDER OR MENTAL HEALTH PROBATION.—
178 (a) Upon completion of the in-prison treatment program
179 ordered by the court, the offender shall be transitioned into
180 the community to begin his or her drug offender or mental health
181 probation for a term of 24 months, as ordered by the court at
182 the time of sentencing in accordance with subsection (4).
183 (b) An offender on drug offender or mental health probation
184 following a conditional sentence imposed under this section must
185 comply with all standard conditions of his or her probation and
186 any special condition of probation ordered by the sentencing
187 court, including participation in an aftercare substance abuse
188 or mental health program, residence in a postrelease
189 transitional residential halfway house, or any other appropriate
190 form of supervision or treatment.
191 (c)1. If an offender placed on drug offender probation
192 resides in a county that has established a drug court or a
193 postadjudicatory drug court, the offender shall be monitored by
194 the court as a condition of drug offender probation.
195 2. If an offender placed on mental health probation resides
196 in a county that has established a mental health court, the
197 offender shall be monitored by the court as a condition of
198 mental health probation.
199 (d) While on probation pursuant to this subsection, the
200 offender shall pay all appropriate costs of probation to the
201 department. An offender who is determined to be financially able
202 shall also pay all costs of substance abuse or mental health
203 treatment. The court may impose on the offender additional
204 conditions requiring payment of restitution, court costs, fines,
205 community service, or compliance with other special conditions.
206 (e) An offender’s violation of any condition or order may
207 result in revocation of probation by the court and imposition of
208 any sentence authorized under the law, with credit given for the
209 time already served in prison.
210 (9) REPORTING.—The department shall develop a computerized
211 system to track data on the recidivism and recommitment of
212 offenders who have been sentenced to a conditional sentence for
213 substance use or mental health offenders. On October 1, 2021,
214 and on each October 1 thereafter, the department shall submit an
215 annual report of the results of the collected data to the
216 Governor, the President of the Senate, and the Speaker of the
217 House of Representatives.
218 (10) RULEMAKING.—The department shall adopt rules pursuant
219 to ss. 120.536(1) and 120.54 to administer this section.
220 Section 2. This act shall take effect October 1, 2020.
