Florida 2023 Regular Session

Florida House Bill H0855 Compare Versions

Only one version of the bill is available at this time.

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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to restorative justice; amending s. 2
16	16	945.71, F.S.; revising legislative intent for inmate 3
17	17	training programs; amending s. 945.73, F.S.; requiring 4
18	18	the Department of Corrections to develop and implement 5
19	19	training about restorative justice practices; amending 6
20	20	s. 960.001, F.S.; requiring notice to victims if 7
21	21	restorative justice is available; defining the term 8
22	22	"restorative justice"; providing an effective date. 9
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24	24	Be It Enacted by the Legislature of the State of Florida: 11
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26	26	Section 1. Section 945.71, Florida Statutes, is amended to 13
27	27	read: 14
28	28	945.71 Inmate training programs; intent and purposes. —It 15
29	29	is the intent of ss. 945.71 -945.74 to authorize the 16
30	30	establishment of structured disciplinary training programs 17
31	31	within the Department of Corrections expressly intended to 18
32	32	instill self-discipline, improve work habits, increase 19
33	33	accountability and reparative behavior, and improve self-20
34	34	confidence for inmates. 21
35	35	Section 2. Subsection (1) of section 945.73, Florida 22
36	36	Statutes, is amended to read: 23
37	37	945.73 Inmate training program operation. — 24
38	38	(1) The department shall, subject to specific legislative 25
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47	47	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
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51	51	appropriation, develop and implement training programs for 26
52	52	eligible inmates which include, but are not limited to, marching 27
53	53	drills, calisthenics, a rigid dress code, work assignments, 28
54	54	physical training, training in decisionmaking and personal 29
55	55	development, drug counseling, education, training about 30
56	56	restorative justice practice s, and rehabilitation. 31
57	57	Section 3. Paragraph (a) of subsection (1) of section 32
58	58	960.001, Florida Statutes, is amended to read: 33
59	59	960.001 Guidelines for fair treatment of victims and 34
60	60	witnesses in the criminal justice and juvenile justice systems. — 35
61	61	(1) The Department of Legal Affairs, the state attorneys, 36
62	62	the Department of Corrections, the Department of Juvenile 37
63	63	Justice, the Florida Commission on Offender Review, the State 38
64	64	Courts Administrator and circuit court administrators, the 39
65	65	Department of Law Enforce ment, and every sheriff's department, 40
66	66	police department, or other law enforcement agency as defined in 41
67	67	s. 943.10(4) shall develop and implement guidelines for the use 42
68	68	of their respective agencies, which guidelines are consistent 43
69	69	with the purposes of this a ct and s. 16(b), Art. I of the State 44
70	70	Constitution and are designed to implement s. 16(b), Art. I of 45
71	71	the State Constitution and to achieve the following objectives: 46
72	72	(a) Information concerning services available to victims 47
73	73	of adult and juvenile crime. —As provided in s. 27.0065, state 48
74	74	attorneys and public defenders shall gather information 49
75	75	regarding the following services in the geographic boundaries of 50
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84	84	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
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88	88	their respective circuits and shall provide such information to 51
89	89	each law enforcement agency with jurisdict ion within such 52
90	90	geographic boundaries. Law enforcement personnel shall ensure, 53
91	91	through distribution of a victim's rights information card or 54
92	92	brochure at the crime scene, during the criminal investigation, 55
93	93	and in any other appropriate manner, that victims a re given, as 56
94	94	a matter of course at the earliest possible time, information 57
95	95	about: 58
96	96	1. The availability of crime victim compensation, if 59
97	97	applicable; 60
98	98	2. Crisis intervention services, supportive or bereavement 61
99	99	counseling, social service support referrals, and community-62
100	100	based victim treatment programs; 63
101	101	3. The role of the victim in the criminal or juvenile 64
102	102	justice process, including what the victim may expect from the 65
103	103	system as well as what the system expects from the victim; 66
104	104	4. The stages in the criminal or juvenile justice process 67
105	105	which are of significance to the victim and the manner in which 68
106	106	information about such stages can be obtained; 69
107	107	5. The right of a victim, who is not incarcerated, 70
108	108	including the victim's parent or guardian if the victim is a 71
109	109	minor, the lawful representative of the victim or of the 72
110	110	victim's parent or guardian if the victim is a minor, and the 73
111	111	next of kin of a homicid e victim, upon request, to be informed, 74
112	112	to be present, and to be heard at all stages of a criminal or 75
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121	121	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
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125	125	juvenile proceeding as provided by s. 16(b), Art. I of the State 76
126	126	Constitution; 77
127	127	6. In the case of incarcerated victims, the right, upon 78
128	128	request, to be informed and to submit written statements at all 79
129	129	stages of the criminal proceedings, parole proceedings, or 80
130	130	juvenile proceedings; 81
131	131	7. The right of a victim to a prompt and timely 82
132	132	disposition of the case in order to minimize the period during 83
133	133	which the victim must endure the responsibilities and stress 84
134	134	involved; and 85
135	135	8. The right of a victim to employ private counsel. The 86
136	136	Florida Bar is encouraged to develop a registry of attorneys who 87
137	137	are willing to serve on a pro bono basis as advocates for crime 88
138	138	victims. 89
139	139	9.a. The right of a victim to be notified of restorative 90
140	140	justice if it is available in the jurisdiction. The victim or 91
141	141	their next of kin shall be advised that restorative justice may 92
142	142	be considered as a voluntary option, or a part of a deferred 93
143	143	prosecution or pretrial intervention. A notice shall be posted 94
144	144	on each waiting room floor of the lobbies of the State Attorney 95
145	145	and shall contain the location and contact information 96
146	146	concerning restorative justice programs which serve the county 97
147	147	or circuit. 98
148	148	b. As used in this subparagraph, the term "restorative 99
149	149	justice" means a gathering, in which parties who have caused 100
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158	158	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
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162	162	harm or who have been harmed and community stakeholders choose 101
163	163	to collectively meet to identify and repair harm inflicted to 102
164	164	the extent possible, a ddress trauma, reduce the likelihood of 103
165	165	further harm, and strengthen community ties by focusing on the 104
166	166	needs and obligations of all parties involved through a 105
167	167	voluntary and participatory process. 106
168	168	Section 4. This act shall take effect July 1, 2023. 107