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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 restorative justice; amending s. 2
945.71, F.S.; revising legislative intent for inmate 3
training programs; amending s. 945.73, F.S.; requiring 4
the Department of Corrections to develop and implement 5
training about restorative justice practices; amending 6
s. 960.001, F.S.; requiring notice to victims if 7
restorative justice is available; defining the term 8
"restorative justice"; providing an effective date. 9
10
Be It Enacted by the Legislature of the State of Florida: 11
12
Section 1. Section 945.71, Florida Statutes, is amended to 13
read: 14
945.71 Inmate training programs; intent and purposes. —It 15
is the intent of ss. 945.71 -945.74 to authorize the 16
establishment of structured disciplinary training programs 17
within the Department of Corrections expressly intended to 18
instill self-discipline, improve work habits, increase 19
accountability and reparative behavior, and improve self-20
confidence for inmates. 21
Section 2. Subsection (1) of section 945.73, Florida 22
Statutes, is amended to read: 23
945.73 Inmate training program operation. — 24
(1) The department shall, subject to specific legislative 25
HB 855 2023
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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
appropriation, develop and implement training programs for 26
eligible inmates which include, but are not limited to, marching 27
drills, calisthenics, a rigid dress code, work assignments, 28
physical training, training in decisionmaking and personal 29
development, drug counseling, education, training about 30
restorative justice practice s, and rehabilitation. 31
Section 3. Paragraph (a) of subsection (1) of section 32
960.001, Florida Statutes, is amended to read: 33
960.001 Guidelines for fair treatment of victims and 34
witnesses in the criminal justice and juvenile justice systems. — 35
(1) The Department of Legal Affairs, the state attorneys, 36
the Department of Corrections, the Department of Juvenile 37
Justice, the Florida Commission on Offender Review, the State 38
Courts Administrator and circuit court administrators, the 39
Department of Law Enforce ment, and every sheriff's department, 40
police department, or other law enforcement agency as defined in 41
s. 943.10(4) shall develop and implement guidelines for the use 42
of their respective agencies, which guidelines are consistent 43
with the purposes of this a ct and s. 16(b), Art. I of the State 44
Constitution and are designed to implement s. 16(b), Art. I of 45
the State Constitution and to achieve the following objectives: 46
(a) Information concerning services available to victims 47
of adult and juvenile crime. —As provided in s. 27.0065, state 48
attorneys and public defenders shall gather information 49
regarding the following services in the geographic boundaries of 50
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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
their respective circuits and shall provide such information to 51
each law enforcement agency with jurisdict ion within such 52
geographic boundaries. Law enforcement personnel shall ensure, 53
through distribution of a victim's rights information card or 54
brochure at the crime scene, during the criminal investigation, 55
and in any other appropriate manner, that victims a re given, as 56
a matter of course at the earliest possible time, information 57
about: 58
1. The availability of crime victim compensation, if 59
applicable; 60
2. Crisis intervention services, supportive or bereavement 61
counseling, social service support referrals, and community-62
based victim treatment programs; 63
3. The role of the victim in the criminal or juvenile 64
justice process, including what the victim may expect from the 65
system as well as what the system expects from the victim; 66
4. The stages in the criminal or juvenile justice process 67
which are of significance to the victim and the manner in which 68
information about such stages can be obtained; 69
5. The right of a victim, who is not incarcerated, 70
including the victim's parent or guardian if the victim is a 71
minor, the lawful representative of the victim or of the 72
victim's parent or guardian if the victim is a minor, and the 73
next of kin of a homicid e victim, upon request, to be informed, 74
to be present, and to be heard at all stages of a criminal or 75
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juvenile proceeding as provided by s. 16(b), Art. I of the State 76
Constitution; 77
6. In the case of incarcerated victims, the right, upon 78
request, to be informed and to submit written statements at all 79
stages of the criminal proceedings, parole proceedings, or 80
juvenile proceedings; 81
7. The right of a victim to a prompt and timely 82
disposition of the case in order to minimize the period during 83
which the victim must endure the responsibilities and stress 84
involved; and 85
8. The right of a victim to employ private counsel. The 86
Florida Bar is encouraged to develop a registry of attorneys who 87
are willing to serve on a pro bono basis as advocates for crime 88
victims. 89
9.a. The right of a victim to be notified of restorative 90
justice if it is available in the jurisdiction. The victim or 91
their next of kin shall be advised that restorative justice may 92
be considered as a voluntary option, or a part of a deferred 93
prosecution or pretrial intervention. A notice shall be posted 94
on each waiting room floor of the lobbies of the State Attorney 95
and shall contain the location and contact information 96
concerning restorative justice programs which serve the county 97
or circuit. 98
b. As used in this subparagraph, the term "restorative 99
justice" means a gathering, in which parties who have caused 100
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harm or who have been harmed and community stakeholders choose 101
to collectively meet to identify and repair harm inflicted to 102
the extent possible, a ddress trauma, reduce the likelihood of 103
further harm, and strengthen community ties by focusing on the 104
needs and obligations of all parties involved through a 105
voluntary and participatory process. 106
Section 4. This act shall take effect July 1, 2023. 107