SB 484 — Criminal Justice

amending s.

945.091, F.S.;

authorizing the department to extend the limits of confinement to allow an inmate to participate in supervised community release, subject to certain requirements, as prescribed by the department by rule;

requiring the department to administer a risk assessment instrument to determine an inmate’s appropriateness for release on electronic monitoring;

authorizing the department to terminate an inmate’s participation under certain circumstances;

authorizing a law enforcement or a probation officer to arrest such an inmate without a warrant in accordance with specified authority;

requiring the law enforcement or probation officer to report alleged violations to a correctional officer for disposition of disciplinary charges as prescribed by the department by rule;

providing that participating inmates remain eligible to earn or lose gain-time, but not in an amount that results in an inmate being released prior to serving 85 percent of the sentence imposed;

providing that such inmates may not be counted in the population of the prison system and that their approved community based housing location may not be counted in the capacity figures for the prison system;

amending s.

947.149, F.S.;

excluding a terminally ill inmate transferred to a county jail from the review and approval process conducted by the Commission on Offender Review;

creating s.

948.33, F.S.;

authorizing a prisoner in a state prison who has an unserved violation of probation or an unserved violation of community control warrant to file a notice of unserved warrant in the circuit court where the warrant was issued and to serve notice on the state attorney;

requiring the circuit court to schedule a status hearing within a certain timeframe after receiving notice;

specifying procedures and requirements for the status hearing;

providing for prosecution of the violation;

requiring that if the court enters an order, it send the order to the county sheriff;

16121 Be It Enacted by the Legislature of the State of Florida:

18123 Section 1. Section 921.188,907.042, Florida Statutes, is amendedcreated to read:

907.042 Supervised bond program.— (1) LEGISLATIVE FINDINGS.—The Legislature finds that there is a need to use evidence-based methods to identify defendants that can successfully comply with specified pretrial release conditions.

The Legislature finds that the use of actuarial instruments that evaluate criminogenic based needs and classify defendants according to levels of risk provides a more consistent and accurate assessment of a defendant’s risk of noncompliance while on pretrial release pending trial.

The Legislature also finds that both the community and a defendant are better served when a defendant, who poses a low risk to society, is provided the opportunity to fulfill employment and familial responsibilities in the community under a structured pretrial release plan that ensures the best chance of remaining compliant with all pretrial conditions rather than remaining in custody.

The Legislature finds that there is a benefit to establishing a supervised bond program in each county for the purpose of providing pretrial release to certain defendants who may not otherwise be eligible for pretrial release on unsupervised nonmonetary conditions and who do not have the ability to satisfy the bond imposed by the court.

The Legislature finds that the creation of such a program will reduce the likelihood of defendants remaining unnecessarily in custody pending trial.

(2) CREATION.—A supervised bond program may be established in each county with the terms of each program to be developed with concurrence of the chief judge of the circuit, the county’s chief correctional officer, the state attorney, and the public defender.

A county that has already established and implemented a supervised bond program whose program and risk assessment instrument is in compliance with subsections (3) and (4) may continue to operate without such concurrence.

(3) PROGRAM REQUIREMENTS.—A supervised bond program, at a minimum, shall:

(a) Require the county’s chief correctional officer to administer the supervised bond program.

(b) Require the county’s chief correctional officer, or his or her designee, to administer the risk assessment instrument to a potential defendant.

(c) Utilize a risk assessment instrument to determine eligible defendants and determine an appropriate level of supervision for each defendant upon release.

(d) Review the bond of a defendant who is being accepted into the supervised bond program to determine if a reduction of the court-ordered bond, up to its entirety, is appropriate.

(e) Provide that the findings of the risk assessment instrument will be used to create an individualized supervision plan for each eligible defendant that is tailored to the defendant’s risk level and supervision needs.

(f) Require, as part of the individualized supervision plan, that any defendant released in the supervised bond program must be placed on active electronic monitoring or active continuous alcohol monitoring, or both, dependent upon the level of risk indicated by the risk assessment instrument.

(g) Require weekly communication between the office of the county’s chief correctional officer and the defendant as part of the individualized supervision plan, which can be satisfied via telephone or in person contact, dependent upon the level of risk indicated by the risk assessment instrument.

(h) Establish procedures for reassessing or terminating defendants from the supervised bond program who do not comply with the terms of the individualized supervision plan imposed through the program.

(4) RISK ASSESSMENT INSTRUMENT.— (a) Each county must utilize a risk assessment instrument for the supervised bond program that conducts a criminogenic assessment for use in evaluating the proper level of supervision appropriate to ensure compliance with pretrial conditions and safety to the community.

The risk assessment instrument must consider, but need not be limited to, the following criteria:

1. The nature and circumstances of the offense the defendant is alleged to have committed.

2. The nature and extent of the defendant’s prior criminal history, if any.

3. Any prior history of the defendant failing to appear in court.

4. The defendant’s employment history, employability skills, and employment interests.

5. The defendant’s educational, vocational, and technical training.

6. The defendant’s background, including his or her family, home, and community environment.

7. The defendant’s physical and mental health history, including any substance use.

8. An evaluation of the defendant’s criminal thinking, criminal associates, and social awareness.

(b) A county may contract with the Department of Corrections to develop a risk assessment instrument or modify an instrument that has already been developed by the department, provided the instrument contains the criteria enumerated in paragraph (a).

If a county elects to utilize a risk assessment instrument developed or modified by the department in accordance with this paragraph, the county’s chief correctional officer shall enter into a contract with the department for such use.

(c) Each county may create its own risk assessment instrument for the purpose of operating a supervised bond program or may utilize a risk assessment instrument that has previously been developed for a similar purpose as provided for in this section.

Additionally, a county may utilize a risk assessment instrument that has been developed by another county for a similar purpose as provided for in this section.

To utilize a risk assessment instrument developed by a county in accordance with this paragraph, the risk assessment instrument must be validated by the Department of Corrections and contain the criteria enumerated in paragraph (a).

If a county elects to utilize a risk assessment instrument developed or modified by another county in accordance with this paragraph, the counties’ chief correctional officers shall enter into a contract for such use.

(d) A county may contract with an independent entity to utilize a risk assessment instrument that has previously been developed for a similar purpose as provided for in this section.

To utilize a risk assessment instrument developed by an independent entity in accordance with this paragraph, the risk assessment instrument must be validated by the Department of Corrections and contain the criteria enumerated in paragraph (a).

If a county elects to utilize a risk assessment instrument developed or modified by an independent entity in accordance with this paragraph, the county’s chief correctional officer shall enter into a contract with the independent entity for such use.

(e) A county may begin to implement its supervised bond program immediately upon securing a contract for the utilization of or the completion of development or modification, and if applicable, validation of, a risk assessment instrument.

A county that intends to utilize a risk assessment instrument it has already developed or modified may implement a supervised bond program immediately upon validation of the risk assessment instrument.

A county that has already implemented a supervised bond program may continue to operate such program while the risk assessment instrument it utilizes is being validated.

Implementation must include training of all county staff that will administer the risk assessment instrument.

(5) REPORTING.—Each county that establishes a supervised bond program pursuant to this section, or has an existing supervised bond program that operates in compliance with this section, shall provide an annual report to the Office of Program Policy Analysis and Government Accountability that details the results of the administration of the risk assessment instrument, programming used for defendants who received the assessment and were accepted into the supervised bond program, the success rate of such program, and savings realized by the county as a result of such defendants being released from custody pending trial.

The annual report from the county must be submitted to OPPAGA by October 1 each year.

OPPAGA shall compile the results of the counties reports for inclusion in an independent section of its annual report developed and submitted to the Governor, the President of the Senate, and the Speaker of the House of Representatives in accordance with s.

907.044.

Section 2. Section 921.188, Florida Statutes, is amended to read:

and 2. Serve the remainder of his or her sentence in a Department of Corrections facility in the event a contract between the chief correctional officer and the Department of Corrections expires, terminates, or is not renewed during an offender’s sentence term.term;

(c) Anand offender3. May sentencedrequest to countybe jailtransferred underto thisa sectionDepartment mayof notCorrections receivefacility gain-timeif he or othershe sentenceis creditnot inreceiving anservices amountand programming that wouldare causesubstantially hisequivalent orto herthose sentencethat toare expire,available end,in ora terminate,Department orof thatCorrections wouldfacility, resultincluding, inbut hisnot orlimited herto, release,educational beforeprograming, servingvocational atraining, minimumfaith- ofand 85character-based percentprogramming, ofhealth theservices, sentencemental imposed.health treatment and counseling, substance abuse treatment and counseling, and transitional services.

(d)1. A(c) An courtoffender sentenced to a county jail under this section shall be afforded the same or substantially equivalent opportunity to earn gain-time or other sentence credit, but may onlynot receive gain-time or other sentence credit in an offenderamount tothat awould countycause jailhis pursuantor her sentence to thisexpire, sectionend, ifor thereterminate, isor athat contractualwould agreementresult betweenin thehis chiefor correctionalher officerrelease, ofbefore thatserving countya andminimum theof Department85 percent of Corrections.the sentence imposed.

2. If(d) A thefelony chiefoffense correctionalfor officerwhich ofan ainmate countyis requestssentenced the Department of Corrections to enter into a contract that allows offenders to be sentenced to the county jail pursuantunder tothis paragraphsection (a),is subjectconsidered to thebe restrictionsa imposedprior infelony thiscommitment paragraphat anda paragraphsstate (e)or andfederal (h),correctional institution for the Departmentpurposes of Correctionsss. must enter into such a contract.

The944.291, contract947.1405, must specifically establish the maximum number of beds and the948.12. validated per diem rate.

The(e)1. A contractcourt mustmay provideonly forsentence peran diemoffender reimbursementto fora occupiedcounty inmatejail dayspursuant basedto onthis thesection contractingif county’sthere mostis recenta annualcontractual adultagreement malebetween custodythe orchief adultcorrectional femaleofficer custodyof perthat diemcounty rates,and notthe toDepartment exceedof $60Corrections. per inmate.

(e) A2. The Department of Corrections shall enter into a contract underthat allows offenders to be sentenced to a county jail pursuant to this section isif contingentthe uponchief acorrectional specificofficer appropriationof ina county requests the Generaldepartment Appropriationsto Act.enter into such contract.

Contracts3. The mustcontract bemust: awarded by the Department of Corrections on a first-come, first-served basis up to the maximum appropriation allowable in the General Appropriations Act for this purpose.

Thea. Establish the maximum appropriationnumber allowable consists of fundsbeds appropriatedand in or transferred to the specificvalidated appropriationper indiem therate; Inmates Sentenced to County Jail appropriation category.

Beforeb. Provide anya transferredper appropriationdiem underreimbursement thisrate section,for the Inmatesdays Sentencedan toinmate Countyis Jailin appropriationthe categorycustody providesof forthe estimated incremental appropriation for county jail bedsbased contractedon underthe thiscontracting sectioncounty’s inmost excessrecent ofannual theadult Departmentmale ofcustody Corrections’or per diem for adult malefemale andcustody femaleper inmates.diem rates;

(f) Thec. Require that inmates sentenced to a county jail receive substantially equivalent services and programming as are provided by the Department of Corrections shallin transferaccordance fundswith pursuantchapter to944, s.including, but not limited to, educational programing, vocational training, faith- and character-based programming, health services, mental health treatment and counseling, substance abuse treatment and counseling, and transitional services;

216.177d. Specify from other appropriation categories within the Adultservices Male Custody Operations or the Adult and Youthfulprogramming Offender Female Custody Operations budget entities to the Inmatescounty Sentencedwill toprovide County Jail appropriation category in an amount necessary to satisfy the requirements of each executed contract, but not to exceed the Department of Corrections’ average total per diem published for the preceding fiscal year for adult male custody or adult and youthful offender female custody inmates forin eachaccordance countywith jailsub-subparagraph bedc.; contracted.

(g) Thee. Authorize Departmenta ofcounty Correctionsjail shallto assumecontract maximumwith annuala valueprivately ofoperated eachcommunity contractrelease whenand determiningtransition thecenter fullto useprovide ofthe fundsrequired appropriatedservices toand ensureprogramming thatto theany maximuminmates appropriationsentenced allowableto isa notcounty exceeded.jail;

(h) Allf. Establish contractualregular perintervals diemthat ratesthe county jail and Department of Corrections must share information related to an inmate sentenced to a county jail under this sectionsection, andincluding, allbut pernot diemlimited ratesto, usedan byinmate’s theconfinement Departmentstatus ofand Correctionsany mustinformation berelated validatedto by the Auditorcalculation Generalof beforea paymentstentative arerelease made.date;

Sectionand 2. Thisg. Require actthe shallcounty takejail effectprovide Julydocumentation 1,to 2018.verify the expenses related to an inmate sentenced to a county jail under this section, including, but not limited to, the number of days an inmate is in the custody of the county jail.

(f) A contract executed under this section is contingent upon an appropriation by the Legislature for the specific purpose of funding state inmates housed in county facilities.

Contracts must be awarded by the Department of Corrections on a first-come, first-served basis up to the maximum appropriation allowable.

For purposes of this section, “maximum appropriation allowable” means the sum of the appropriations made by the Legislature to fund state inmates housed in county facilities and the net amount of appropriations transferred to or from the State Inmates Housed in County Jail appropriation category for contracts entered into under this section and s.

944.172.

(g) Each time the Department of Corrections executes a contract pursuant to this section, the Department of Corrections shall transfer funds, consistent with the requirements of chapter 216, from other appropriation categories within the Adult Male Custody Operations or the Adult and Youthful Offender Female Custody Operations budget entities to the State Inmates Housed in County Jail appropriation category in an amount necessary to satisfy the requirements of each executed contract, but not to exceed the Department of Corrections’ average total per diem published for the preceding fiscal year for adult male custody or adult and youthful offender female custody inmates for each county jail bed contracted.

Before any appropriation is transferred to the State Inmates Housed in County Jail appropriation category, the Department of Corrections shall estimate the appropriation amount that is obligated for the county jail beds contracted under this section and s.

944.172 to estimate the amount in which these obligations exceed the Department of Corrections’ per diem for adult male and female inmates.

(h) Each time a contract executed pursuant to this section ends, the Department of Corrections shall transfer funds, consistent with the requirements of chapter 216, from the State Inmates Housed in County Jail appropriation category to the other appropriation categories within the Adult Male Custody Operations or the Adult and Youthful Offender Female Custody Operations budget entities.

Such transfer may not exceed the Department of Corrections’ average total per diem published for the preceding fiscal year for adult male custody or adult and youthful offender female custody inmates for each county jail bed contracted.

(i) The Department of Corrections shall assume maximum annual value of each contract entered into under this section and s.

944.172 when determining the full use of funds appropriated to ensure that the maximum appropriation allowable is not exceeded.

(j) All contractual per diem rates under this section and all per diem rates used by the Department of Corrections must be validated by the Auditor General before payments are made.

Section 3. Section 944.172, Florida Statutes, is created to read:

944.172 Housing of an inmate in a county jail.— (1)(a) An inmate committed to the custody of the department who has less than 24 months remaining on his or her sentence may be transferred for the remainder of the term of imprisonment to a county jail in the county where he or she will reside upon release.

(b)1. Notwithstanding s.

947.149 and regardless of the length of imprisonment remaining on an inmate’s sentence, a terminally ill inmate that has less than 12 months to live may be transferred to a county jail in the county where his or her family resides for the remainder of the term of his or her imprisonment or life, whichever occurs first.

For purposes of this section, “terminally ill inmate” means an inmate who has a condition caused by injury, disease, or illness which, to a reasonable degree of medical certainty, renders the inmate terminally ill to the extent that there can be no recovery and death is expected within 12 months.

2. A terminally ill inmate transferred to a county jail does not have to be reviewed and approved by the Florida Commission on Offender Review in accordance with s.

947.149.

However, an inmate transferred under this paragraph is still eligible to be subsequently released from the county jail on conditional medical release pursuant to s.

947.149.

(c) Any inmate transferred to a county jail under this section remains under the jurisdiction of the department.

(2) Except as provided for in s.

947.149, an inmate transferred to a county jail under this section shall be afforded the same or substantially equivalent opportunity to earn gain-time or other sentence credit, but may not receive gain-time or other sentence credit in an amount that would cause the inmate’s sentence to expire, end, or terminate, or that would result in the inmate’s release, prior to serving a minimum of 85 percent of the sentence imposed.

(3)(a) An inmate may only be transferred to a county jail under this section if there is a contractual agreement between the chief correctional officer of that county and the department.

(b) The department shall enter into a contract that allows inmates to be transferred to a county jail pursuant to this section if the chief correctional officer of a county requests the department to enter into such contract.

(c) The contract must:

1. Establish the maximum number of beds and the validated per diem rate;

2. Provide a per diem reimbursement rate for the days an inmate is in the custody of the county jail based on the contracting county’s most recent annual adult male custody or adult female custody per diem rates;

3. Specify whether the county will accept the transfer of a terminally ill inmate;

4. Designate the categories of inmate classification or security level that will be accepted for transfer;

5. Provide for the delivery and retaking of inmates;

6. Require that inmates transferred to a county jail receive substantially equivalent services and programming as are provided by the department in accordance with chapter 944, including, but not limited to, educational programing, vocational training, faith- and character-based programming, health services, mental health treatment and counseling, substance abuse treatment and counseling, and transitional services;

7. Specify the services and programming the county will provide to the inmates in accordance with subparagraph 6.;

8. Authorize a county jail to contract with a privately operated community release and transition center to provide the required services and programming to any inmates transferred to a county jail;

9. Establish regular intervals that the county jail and the department must share information related to an inmate transferred to a county jail under this section, including, but not limited to, an inmate’s confinement status and any information related to the calculation of a tentative release date;

and 10. Require the county jail to provide documentation to verify expenses related to an inmate transferred to a county jail under this section, including, but not limited to, the number of days an inmate is in the custody of the county jail.

(4) The department shall transfer any inmate that is eligible under subsection (1) if the inmate also qualifies under the contractual terms mutually agreed to by the department and the designated county of release.

(5) An inmate may request to be transferred back to a department facility if he or she is not receiving the services and programming that are substantially equivalent to those that are available in a department facility, including, but not limited to, educational programing, vocational training, faith- and character-based programming, health services, mental health treatment and counseling, substance abuse treatment and counseling, and transitional services.

(6) The inmate shall be transferred back to a department facility to serve the remainder of his or her sentence in the event a contract between the chief correctional officer and the department expires, terminates, or is not renewed during an inmate’s imprisonment in the county jail.

(7)(a) A contract executed under this section is contingent upon an appropriation by the Legislature for the specific purpose of funding state inmates housed in county facilities.

Contracts must be awarded by the department on a first-come, first-served basis up to the maximum appropriation allowable.

For purposes of this section, “maximum appropriation allowable” means the sum of the appropriations made by the Legislature to fund state inmates housed in county facilities and the net amount of appropriations transferred to or from the State Inmates Housed in County Jail appropriation category for contracts entered into under this section and s.

921.188.

(b) Each time the department executes a contract pursuant to this section, the department shall transfer funds, consistent with the requirements of chapter 216, from other appropriation categories within the Adult Male Custody Operations or the Adult and Youthful Offender Female Custody Operations budget entities to the State Inmates Housed in County Jail appropriation category in an amount necessary to satisfy the requirements of each executed contract, but not to exceed the department’s average total per diem published for the preceding fiscal year for adult male custody or adult and youthful offender female custody inmates for each county jail bed contracted.

Before any appropriation is transferred to the State Inmates Housed in County Jail appropriation category, the department shall estimate the appropriation amount that is obligated for the county jail beds contracted under this section and s.

921.188 to estimate the amount in which these obligations exceed the department’s per diem for adult male and female inmates.

(c) Each time a contract executed pursuant to this section ends, the department shall transfer funds, consistent with the requirements of chapter 216, from the State Inmates Housed in County Jail appropriation category to the other appropriation categories within the Adult Male Custody Operations or the Adult and Youthful Offender Female Custody Operations budget entities.

Such transfer may not exceed the department’s average total per diem published for the preceding fiscal year for adult male custody or adult and youthful offender female custody inmates for each county jail bed contracted.

(d) The department shall assume maximum annual value of each contract entered into under this section and s.

921.188 when determining the full use of funds appropriated to ensure that the maximum appropriation allowable is not exceeded.

(e) All contractual per diem rates under this section and all per diem rates used by the department must be validated by the Auditor General before payments are made.

(8) The department may adopt rules to administer this section.

Section 4. Paragraph (d) is added to subsection (1) of section 945.091, Florida Statutes, to read:

945.091 Extension of the limits of confinement;

restitution by employed inmates.— (1) The department may adopt rules permitting the extension of the limits of the place of confinement of an inmate as to whom there is reasonable cause to believe that the inmate will honor his or her trust by authorizing the inmate, under prescribed conditions and following investigation and approval by the secretary, or the secretary’s designee, who shall maintain a written record of such action, to leave the confines of that place unaccompanied by a custodial agent for a prescribed period of time to:

(d) Participate in supervised community release as prescribed by the department by rule.

The inmate’s participation may begin 90 days before his or her provisional or tentative release date.

Such supervised community release must include electronic monitoring and community control as defined in s.

948.001.

The department must administer a risk assessment instrument to appropriately determine an inmate’s ability to be released pursuant to this paragraph.

1. If a participating inmate fails to comply with the conditions prescribed by the department by rule for supervised community release, the department may terminate the inmate’s supervised community release and return him or her to the same or another institution designated by the department.

A law enforcement officer or a probation officer may arrest the inmate without a warrant in accordance with s.

948.06, if there are reasonable grounds to believe he or she has violated the terms and conditions of supervised community release.

The law enforcement officer or probation officer must report the inmate’s alleged violations to a correctional officer for disposition of disciplinary charges as prescribed by the department by rule.

2. An inmate participating in supervised community release under this paragraph remains eligible to earn or lose gain-time in accordance with s.

944.275 and department rule, but may not receive gain-time or other sentence credit in an amount that would cause his or her sentence to expire, end, or terminate, or that would result in his or her release, before serving a minimum of 85 percent of the sentence imposed.

The inmate may not be counted in the population of the prison system and the inmate’s approved community-based housing location may not be counted in the capacity figures for the prison system.

Section 5. Subsection (6) of section 947.149, Florida Statutes, is renumbered as subsection (7), and a new subsection (6) is added to that section, to read:

947.149 Conditional medical release.— (6) An inmate transferred to a county jail pursuant to s.

944.172(1)(b) does not have to be reviewed and approved by the commission in accordance with this section and such transfer does not exclude the inmate from subsequently being released from imprisonment in accordance with this section.

Section 6. Section 948.33, Florida Statutes, is created to read:

948.33 Prosecution for violation of probation and community control arrest warrants of state prisoners.—A prisoner in a state prison in this state who has an unserved violation of probation or an unserved violation of community control warrant for his or her arrest may file a state prisoner’s notice of unserved warrant in the circuit court of the judicial circuit in which the unserved warrant was issued.

The prisoner must also serve notice on the state attorney of that circuit.

The circuit court shall schedule the notice for a status hearing within 90 days after receipt of the notice.

The state prisoner may not be transported to the status hearing.

At the status hearing, the state attorney shall inform the court as to whether there is an unserved violation of probation warrant or an unserved violation of community control warrant for the arrest of the state prisoner.

If a warrant for either violation exists, the court must enter an order within 30 days after the status hearing for the transport of the state prisoner to the county jail of the county that issued the warrant for prosecution of the violation, and the court shall send the order to the county sheriff for execution.

Section 7. This act shall take effect October 1, 2018.