Title: Sentencing

Summary: Creating a conditional sentence for substance use and mental health offenders in accordance with s. 948.012, F.S.; authorizing a court to sentence an offender to a conditional sentence; authorizing the sentencing court to have the Department of Corrections provide a presentence investigation report in accordance with s. 921.231, F.S., to provide the court with certain information to determine the type of probation most appropriate for the offender; requiring an offender to comply with specified terms of drug offender or mental health probation, etc.

Full Text:
An act relating to sentencing; creating s. 948.0121, F.S.; defining terms; creating a conditional sentence for substance use and mental health offenders in accordance with s. 948.012, F.S.; authorizing a court to sentence an offender to a conditional sentence; specifying requirements an offender must meet to be eligible to receive a conditional sentence; requiring that an eligible offender be a nonviolent offender; defining the term  nonviolent offender ; providing minimum sentencing requirements for a conditional sentence; providing an exception to the court s order of a conditional sentence; authorizing the sentencing court to have the Department of Corrections provide a presentence investigation report in accordance with s. 921.231, F.S., to provide the court with certain information to determine the type of probation most appropriate for the offender; requiring the department to perform specified duties; authorizing the department to enter into certain contracts; requiring the department to provide written notification to specified parties upon the offender s admission into an in-prison treatment program; providing that the department may find that an offender is not eligible to participate in an in-prison treatment program under certain circumstances; requiring written notification from the department to certain parties if an offender is terminated from or prevented from entering an in prison treatment program; requiring that an offender be transitioned to probation upon the completion of his or her in-prison treatment program; requiring an offender to comply with specified terms of drug offender or mental health probation; requiring the offender to pay specified costs associated with his or her probation; providing that certain violations may result in revocation of probation by the court and imposition of any sentence authorized by law; requiring the department to develop a computerized system to track certain data; requiring the department, on a certain date and annually thereafter, to submit an annual report to the Governor and the Legislature; requiring the department to adopt certain rules; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 948.0121, Florida Statutes, is created to read: 948.0121   Conditional sentences for substance use or mental health offenders.  (1) DEFINITIONS.  As used in this section,the term:(a) Department  means th eDepartment of Corrections. (b ) Offender  means a person found guilty of a felony offense and who receives a conditional sentence for substance use or mental health offenders as prescribed in this section. (2) CREATION. A conditional sentence for substance use or mental health offenders is established in accordance with s. 948.012. A court may sentence an offender to a conditional sentence in accordance with this section. A conditional sentence imposed by a court pursuant to this section does not confer to the offender any right to release from incarceration and placement on drug offender or mental health offender probation unless such offender complies with all sentence requirements in accordance with this section. (3) ELIGIBILITY. For an offender to receive a conditional sentence under this section, he or she must be a nonviolent offender who is in need of substance use or mental health treatment and who does not pose a danger to the community. As used in this subs ection, the term   nonviolent offender   means an offender who has never been convicted of, or pled guilty or no contest to, the commission of, an attempt to commit, or a conspiracy to commit,any of the following: (a) A capita l, life, or first degree felony. (b) A second degree felony or third degree felo ny listed in s. 775.084(1)(c)1. (c) A violation of s. 784.021, s. 784.07, s. 827.03, or s. 843.01, or any offense that requires a person to register as a sex offender in accordance with s. 943.0435. (d) An offense for which the sentence was enhanced under s. 775.087. (e) An offense in another jurisdiction which would be an offense described in this subsection, or which would have been enhanced under s. 775.087, if that offense had been committed in this state. (4) SENTENCING REQUIREMENTS.  (a)  A court must order the offender a sa part of a conditional sentence for substance use or mental health offenders,at a minimum, to:1.   Serve a term of imprisonment which must include an in prison treatment program for substance use, mental health, or co-occurring disorders which is a minimum of days in-custody treatment and is administered by the department at a department facility; and 2. Upon successful completion of such in-custody treatment program, comply with a term of special offender probation for months,which shall serve as a modification of the remainder of his or her term of imprisonment,and must consist of: a.  Either drug offender or mental health probation, to be determined by the court at the time of sentencing; b.   Any special conditions of probation ordered by the sentencing court; and c.   Any recommendations made by the department in a postrelease treatment plan for substance use or mental health aftercare services. (b)  If the department finds that the offender is ineligible or not appropriate for placement in an in-custody treatment program for the reasons pr escribed in subsection (7), or for any other reason the department deems as good cause then the offender shall serve the remainder of his or her term of imprisonment in the custody of the department. (c) The appropriate type of special offender probation shall be determined by the court at the time of sentencing based upon the recommendation by the department in a presentence investigation report. (5) PRESENTENCE INVESTIGATION REPORT.  The court may order the department to conduct a presentence investigation report in accordance with s. 921.231 for any offender who the court believes may be sentenced under this section to provide the court with appropriate information to make a determination at the time of sentencing of whether drug offender or mental health probation is most appropriate for the offender. (6) DEPARTMENT DUTIES. The department: (a) Shall administer treatment programs that comply with the type of treatment required in this section. (b) May develop and enter into performance-based contracts with qualified individuals, agencies, or corporations to provide any or all services necessary for the in-custody treatment program. Such contracts may not be entered into or renewed unless they offer a substantial savings to the department. The department may establish a system of incentives in an in-custody treatment program to promote offender participation in rehabilitative programs and the orderly operation of institutions and facilities. (c) Shall provide a special training program for staff members selected to administer or implement an in-custody treatment program. (d) Shall evaluate the offender s needs and develop a postrelease treatment plan that includes substance use or mental health aftercare services. (7) IN-PRISON TREATMENT.  (a) The department shall give written notification of the offender s admission into an in-prison treatment program portion of the conditional sentence to the sentencing court, the state attorney, the defense counsel for the offender, and any victim of the offense committed by the offender. (b)   If, after evaluating an offender for custody and classification status, the department determines at any point during the term of imprisonment that an offender sentenced under this section does not meet the criteria for placement in an in prison treatment program portion of the conditional sentence, as determined in rule by the department, or that space is not available for the offender s placement in an in-prison treatment program, the department must immediately notify the court, the state attorney, and the defense counsel that this portion of the sentence is unsuccessfully served in accordance with paragraph (4)(b). (c) If, after placement in an in-prison treatment program, an offender is unable to participate due to medical concerns or other reasons, he or she must be examined by qualified medical personnel or qualified nonmedical personnel appropriate for the offender s situation, as determined by the department. The qualified personnel shall consult with the director of the in prison treatment program, and the director shall determine whether the offender will continue with treatment or be discharged from the program. If the director discharges the offender from the treatment program, the department must immediately notify the court, the state attorney, and the defense counsel that this portion of the sentence is unsuccessfully served in accordance with paragraph (4)(b). (d) If, after placement in an in-prison treatment program, an offender is unable to participate due to disruptive behavior or violations of any of the rules the department adopts to implement this section, the director shall determine whether the offender will continue with treatment or be discharged from the program. If the director discharges the offender from the treatment program, the department must immediately notify the court, the state attorney, and the defense counsel that this portion of the sentence is unsuccessfully served in accordance with paragraph (4)(b). (e) An offender participating in an in-prison treatment program portion of his or her imprisonment must comply with any additional requirements placed on the participants by the department in rule. If an offender violates any of the rules, he or she may have sanctions imposed, including loss of privileges, restrictions, disciplinary confinement, forfeiture of gain-time or the right to earn gain-time in the future, alteration of release plans, termination from the in-prison treatment program, or other program modifications in keeping with the nature and gravity of the program violation. The department may place an inmate participating in an in-prison treatment program in administrative or protective confinement, as necessary. (8) DRUG OFFENDER OR MENTAL HEALTH PROBATION.  (a) Upon completion of the in-prison treatment program ordered by the court, the offender shall be transitioned into the community to begin his or her drug offender or mental health probation for a term of months, as ordered by the court at the time of sentencing in accordance with subsection (4). (b) An offender on drug offender or mental health probation following a conditional sentence imposed pursuant to this section must comply with all standard conditions of drug offender or mental health probation and any special condition of probation ordered by the sentencing court, including participation in an aftercare substance abuse or mental health program, residence in a postrelease transitional residential halfway house, or any other appropriate form of supervision or treatment. (c) 1.   If an offender placed on drug offender probation resides in a county that has established a drug court or a postadjudicatory drug court, the offender shall be monitored by the court as a condition of drug offender probation. 2. If an offender placed on mental health offender probation resides in a county that has established a mental health court, the offender shall be monitored by the court as a condition of mental health offender probation. (d)  While on probation pursuant to this subsection, the offender shall pay all appropriate costs of probation to the department. An offender who is determined to be financially able shall also pay all costs of substance abuse or mental health treatment. The court may impose on the offender additional conditions requiring payment of restitution, court costs, fines, community service, or compliance with other special conditions. (e ) An offender s violation of any condition or order may result in revocation of probation by the court and imposition of any sentence authorized under the law, with credit given for the time already served in prison. (9) REPORTING. The department shall develop a computerized system to track data on the recidivism and recommitment of offenders who have been sentenced to a conditional sentence for substance use or mental health offenders. On October 1, 20,and on each October thereafter, the department shall submit an annual report of the results of the collected data to the Governor, the President of the Senate, and the Speaker of the House of Representatives. (10) RULEMAKING. The department shall adopt rules pursuant to ss. 120.536(1) and 120.54 to administer this section.Section 2. This act shall take effect October 1, 2019.