HB 305 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to correctional facility oversight and 2
programming; creating s. 944.0232, F.S.; creating a 3
Citizens Oversight Council within the Department of 4
Corrections; providing for membership and terms; 5
specifying duties and responsibilities concernin g 6
adult and juvenile correctional facilities of the 7
department and the Department of Juvenile Justice; 8
prohibiting interference with day -to-day operations of 9
the departments or certain facilities; providing 10
purpose; prohibiting discussion of council busine ss 11
with certain persons; authorizing reimbursement for 12
per diem and travel expenses; amending s. 947.002, 13
F.S.; revising legislative intent concerning the 14
granting of parole; creating s. 947.136, F.S.; 15
requiring the Florida Commission on Offender Review 16
and the Department of Corrections to jointly develop a 17
voluntary long-term inmate program; requiring the 18
program to be offered to male and female inmates 19
equally; requiring the program to provide evidence -20
based programming to certain inmates; establishing 21
eligibility for referral for participation in the 22
program; providing program requirements; providing 23
that inmates may be removed from the program under 24
certain circumstances; requiring a certificate of 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
completion upon successful completion of the program; 26
providing that successful completion of the program 27
does not guarantee parole; requiring rulemaking; 28
providing an effective date. 29
30
Be It Enacted by the Legislature of the State of Florida: 31
32
Section 1. Section 944.0232, Florida Statutes, is created 33
to read: 34
944.0232 Citizens Oversight Council. — 35
(1) The Citizens Oversight Council, an advisory council as 36
defined in s. 20.03(7), is created adjunct to the Department of 37
Corrections. Except as otherwise provided in this section, the 38
council shall operate in a manner consistent with s. 20.052. 39
(2)(a) The council shall consist of the following members: 40
1. Four members appointed by the President of the Senate. 41
2. Four members appointed by the Minority Leader of the 42
Senate. 43
3. Four members appointed b y the Speaker of the House of 44
Representatives. 45
4. Four members appointed by the Minority Leader of the 46
House of Representatives. 47
(b) The initial members of the council shall be appointed 48
by October 1, 2022. Members shall be appointed for terms of 4 49
years. However, to achieve staggered terms, one member of each 50
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appointing authority shall be appointed for an initial 2 -year 51
term. Members must be appointed equally within each region of 52
the department. The council's membership shall include, to the 53
greatest extent possible, former prisoners, persons who are 54
directly impacted by the correctional system, and criminal 55
justice or prison reform advocates. 56
(3) The council's primary duties and responsibilities 57
include: 58
(a) Regularly conducting unannounced visits to adult and 59
juvenile correctional facilities, including facilities operated 60
by private contractors. Council members may enter any 61
correctional facility in which prisoners or juveniles are kept 62
and shall be immediately admitted to such facilities upon a 63
member's request and may consult and confer with any prisoner or 64
juvenile, provided that there is adequate security. A council 65
member, upon any finding of concern, shall immediately contact 66
the warden and the two will work together to resolve the 67
concern. 68
(b) Conducting confidential interviews with 69
administration, staff, officers, prisoners, juveniles, 70
prisoners' and juveniles' families, volunteers, and public 71
officials relating to the operations and conditions of adult and 72
juvenile correctional facilities as well as the general health 73
and welfare of prisoners and juveniles. 74
(c) Conducting telephone interviews with prisoners and 75
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juveniles in a manner similar to that of legal counsel in a 76
private area using a telephone that is not recorded. 77
(d) Making recommendations to the classification teams, 78
including recommendations regarding close management, 79
administrative confinement, and disciplinary hearings. 80
(4) The council may not interfere with the day -to-day 81
operations of the Department of Corrections or the Department of 82
Juvenile Justice or any facilities operated by or on behalf of 83
either department, but shall serve as a liaison between 84
administration, staff, prisoners, juveniles, and prisoners' and 85
juveniles' families. 86
(5) The council's purpose is to transcend the turmoil that 87
exists between administration, staff, officers, prisoners, 88
juveniles, and prisoners' and juveniles' families and, 89
therefore, a council member may not discuss any circumstances or 90
findings with the media or any person who is not a member or 91
appointing authority of the council. 92
(6) Members of the council shall serve without 93
compensation but may receive reimbursement for per diem and 94
travel expenses as provided in s. 112.061. 95
Section 2. Subsection (6) is added to section 947.0 02, 96
Florida Statutes, to read: 97
947.002 Intent.— 98
(6) The commission shall consider an inmate's 99
institutional achievements, lack of disciplinary report, and all 100
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indications of the lack of risk to the public in the decision to 101
parole an inmate from the in carceration portion of his or her 102
sentence. 103
Section 3. Section 947.136, Florida Statutes, is created 104
to read: 105
947.136 Long-term inmate program. — 106
(1) The commission and the department shall jointly 107
develop a long-term inmate program, housed within t he 108
department, for inmates who are eligible for parole under this 109
chapter to prepare such inmates for reintegration into the 110
community. The program shall be offered on an equal basis to 111
male and female inmates. 112
(2) The long-term inmate program is a volun tary program 113
that provides evidence -based programming to inmates who are 114
within 3 years of their presumptive parole release date as 115
established by the commission under s. 947.172. 116
(3) Inmates must be referred by the commission for 117
participation in the lo ng-term inmate program before the 118
department places the inmate into the program. An inmate who 119
meets all of the following criteria may be referred by the 120
commission for placement into the long -term inmate program: 121
(a) Does not have factors, as identified in rule, which 122
would preclude placement at an institution operating a long -term 123
inmate program. 124
(b) Must be serving a parole -eligible sentence. Inmates 125
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who have subsequently received a parole -ineligible sentence may 126
be considered for participation on a case-by-case basis. 127
(4) To successfully complete the long -term inmate program, 128
inmates participating must, at a minimum: 129
(a) Complete at least 250 hours of community service 130
projects, as approved by the department. 131
(b) Participate in at least 100 hou rs of enrichment 132
programs, as defined by rule. 133
(c) Complete an evidence -based curriculum as provided in 134
rule which, at a minimum, addresses: 135
1. Anger management. 136
2. Criminal thinking. 137
3. Educational and vocational needs. 138
4. Family relationships. 139
5. Lifestyle and wellness. 140
6. Substance use disorder treatment. 141
7. Victim impact. 142
(5) Inmates participating in the long -term inmate program 143
are expected to perform their duties and assignments as 144
instructed by their assignment supervisor. Inmates w ho fail to 145
complete duties and assignments as instructed may be removed 146
from the program. 147
(6) Upon successful completion of the program, an inmate 148
shall be awarded a certificate of completion. Successful 149
completion of the program does not guarantee that an inmate will 150
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be paroled and program participation may not extend the length 151
of the inmate's sentence. 152
(7) The commission and the department shall adopt rules as 153
necessary to implement the long -term inmate program. 154
Section 4. This act shall take effect July 1, 2022. 155