Bill Text: FL S1394 | 2010 | Regular Session | Comm Sub
Bill Title: Correctional Policy Advisory Council [WPSC]
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Policy & Steering Committee on Ways and Means [S1394 Detail]
Download: Florida-2010-S1394-Comm_Sub.html
Florida Senate - 2010 CS for SB 1394 By the Committee on Criminal and Civil Justice Appropriations; and Senator Crist 604-03293-10 20101394c1 1 A bill to be entitled 2 An act relating to the Correctional Policy Advisory 3 Council; amending s. 921.0019, F.S.; requiring the 4 council to evaluate, among other issues, the 5 sentencing policies and sentencing practices of the 6 state, including consideration of the Criminal 7 Punishment Code, the degree and offense severity level 8 ranking of offenses, mandatory sentences, enhanced 9 penalties, felony and misdemeanor reclassifications, 10 and gain-time and early release mechanisms for the 11 purpose of making findings and recommendations on 12 changes to those policies; requiring the council to 13 meet at least once by a specified date; requiring the 14 Secretary of Corrections to convene an initial meeting 15 of the council as soon as practicable after a 16 specified date; requiring the council to report to the 17 Governor, the Legislature, and the Supreme Court its 18 findings and recommendations by answering certain 19 specified questions; requiring that the council give 20 priority to answering the questions; requiring the 21 council to submit preliminary findings and 22 recommendations if it is unable to answer a question 23 or questions; amending s. 2 of chapter 2008-54, Laws 24 of Florida; delaying the date that the council is 25 abolished; providing an effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Section 921.0019, Florida Statutes, is amended 30 to read: 31 921.0019 Correctional Policy Advisory Council.— 32 (1) The Correctional Policy Advisory Council is created 33 within the Legislature for the purpose of evaluating sentencing 34 policy, sentencing practices, correctional policies, justice 35 reinvestment initiatives, and laws affecting or applicable to 36 corrections, sentencing or punishment, including, but not 37 limited to, the Criminal Punishment Code, the degree and offense 38 severity level ranking of offenses, mandatory sentences, 39 enhanced penalties, felony and misdemeanor reclassifications, 40 and gain-time and early release mechanisms and for the purpose 41 of making findings and recommendations on changes to such 42 policy, reinvestment initiatives, and laws. The council shall 43 serve in an advisory capacity to the Legislature and the 44 Governor. 45 (2) A Justice Reinvestment Subcommittee within the 46 Correctional Policy Advisory Council is created to review the 47 availability of alternative sanctions for low-level drug and 48 property offenders; the effectiveness of mental health and 49 substance abuse diversion programs; the effectiveness of prison 50 reentry practices; the feasibility of implementing a progressive 51 sanctions system for probationers; the impact of jail 52 overcrowding on the effectiveness of local alternative programs 53 and sanctions; the effectiveness of supervision strategies; and 54 the delivery of supervision and programs in neighborhoods that 55 have a high proportion of supervised offenders. 56 (3) Any recommended change to sentencing policy, sentencing 57 practices, correctional policies, justice reinvestment 58 initiatives, or laws affecting or applicable to corrections must 59 be consistent with the following goals: 60 (a) Protecting public safety, including, but not limited 61 to, ensuring the incarceration of violent criminal offenders and 62 nonviolent criminal offenders who commit repeated acts of 63 criminal behavior and who have demonstrated an inability to 64 comply with less restrictive penalties previously imposed for 65 nonviolent criminal acts; and 66 (b) Providing for the most cost-effective and efficient use 67 of correctional resources to the extent that such use is not in 68 conflict with paragraph (a). 69 (4)(a) The council shall be composed of 10 members, 70 consisting of two members of the Senate appointed by the 71 President of the Senate; two members of the House of 72 Representatives appointed by the Speaker of the House of 73 Representatives; one representative of the victim advocacy 74 profession appointed by the Attorney General; the Attorney 75 General or her or his designee; and the Secretary of Corrections 76 or her or his designee. The following members shall be appointed 77 by the Governor: one state attorney from a list of three 78 nominees recommended by the Florida Prosecuting Attorneys 79 Association; one public defender from a list of three nominees 80 recommended by the Public Defenders Association; and one private 81 attorney from a list of three nominees recommended by the 82 President of The Florida Bar. The chair of the council shall be 83 selected by the members for a term of 1 year. 84 (b) The chair of the council shall appoint members of the 85 council to serve in a Justice Reinvestment Subcommittee to carry 86 out the duties provided in subsection (2) and designate ex 87 officio members from state or local agencies to serve as 88 technical assistance advisors to the subcommittee. 89 (c) The council shall meet at least quarterly, and other 90 meetings may be called by the chair upon giving 7 days’ notice 91 to the public. The council may take public testimony. However, 92 if the council has not convened at least once by September 1, 93 2010, the Secretary of Corrections shall organize an initial 94 meeting of the council as soon as practicable thereafter whether 95 or not all of the appointments are current and available. 96 (d) Members of the council shall serve without 97 compensation, but are entitled to reimbursement for per diem and 98 travel expenses, which shall be paid by the appointing entity. 99 (e) The Office of Legislative Services shall provide 100 administrative staff support for the council. The Legislature’s 101 Office of Economic and Demographic Research shall provide 102 technical and substantive staff support. The council staff 103 members shall consist of an executive director and any other 104 staff member determined to be necessary to the completion of the 105 council’s duties, subject to appropriations. Upon request of the 106 chair of the council or the executive director, the Office of 107 Program Policy Analysis and Government Accountability, the 108 Department of Corrections and any other state agency or 109 department, and the Office of the State Courts Administrator 110 shall assist the council in providing necessary data collection, 111 analysis, and research. 112 (f) The chair of the council shall develop a technical 113 assistance agreement with the Justice Center of the Council of 114 State Governments to work with the Justice Reinvestment 115 Subcommittee to accomplish the review of the effectiveness of 116 correctional policies as provided in subsection (2). The 117 agreement shall include, but not be limited to, procedures for 118 the Justice Center of the Council of State Governments to access 119 the data collection, analysis, and research capabilities of the 120 agencies and offices listed in paragraph (e). 121 (5) On or before January 15 of each year, the council shall 122 provide a report of its findings and recommendations to the 123 Governor, the President of the Senate, and the Speaker of the 124 House of Representatives. The council may provide the 125 Legislature and the Governor with additional reports of findings 126 and recommendations at any time it deems appropriate. The 127 council may integrate the recommendations of the Justice 128 Reinvestment Subcommittee in its report or may issue a separate 129 report reflecting the findings of the subcommittee. 130 (6) The President of the Senate or the Speaker of the House 131 of Representatives may also direct the council to report by a 132 certain date the council’s findings and recommendations 133 regarding an issue pertinent to sentencing policy, sentencing 134 practices, correctional policies, justice reinvestment 135 initiatives, or laws affecting or applicable to corrections. 136 (7) The Correctional Policy Advisory Council shall submit a 137 report to the Governor, the President of the Senate, the Speaker 138 of the House of Representatives, and the Supreme Court 139 containing its findings and recommendations regarding the 140 following questions: 141 (a) Should the Legislature repeal any laws providing for a 142 mandatory minimum sentence or modify such laws to provide for 143 presumptive mandatory minimum sentences or exceptions to 144 mandatory sentences in some circumstances? 145 (b) Do mandatory sentencing laws conflict with or undermine 146 the purpose of the Criminal Punishment Code? 147 (c) Are particular criminal acts punished as more than one 148 specific offense and, if so, has this resulted in duplication, 149 confusion, or inconsistent penalties? 150 (d) Are the penalties for particular felony or misdemeanor 151 offenses disproportionate to those for other felonies or 152 misdemeanor offenses of a similar nature or severity? 153 (e) Do current enhanced penalties or felony and misdemeanor 154 reclassifications for repeat offenders result in duplication, 155 confusion, or inconsistent penalties? 156 (f) Should the Legislature preclude the courts from 157 sentencing to prison defendants who are convicted of third 158 degree felonies and who score fewer than 44 total sentence 159 points? 160 (g) Should the Legislature change the current “Truth in 161 Sentencing” gain-time restrictions specified in s. 162 944.275(4)(b)3. to more closely align with the federal minimum 163 requirements? 164 (h) Should the Legislature authorize correctional probation 165 officers to apply a continuum of administrative sanctions for 166 technical probation violations that do not affect public safety? 167 (8) The council shall give priority to answering the 168 questions provided in subsection (7) over other questions, 169 issues, or matters that the council might consider relevant to 170 its review of sentencing policy, sentencing practice, and 171 sentencing laws. If the council is unable to answer a question 172 before submitting its report, the council shall provide 173 preliminary findings and recommendations regarding the 174 unanswered question or questions and report on the progress the 175 council is making to answer the unanswered question or 176 questions. 177 Section 2. Section 2 of chapter 2008-54, Laws of Florida, 178 is amended to read: 179 Section 2. The Correctional Policy Advisory Council shall 180 be abolished on July 1, 20122011. 181 Section 3. This act shall take effect July 1, 2010.
