Florida 2024 Regular Session

Florida House Bill H0881 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 the intent of specified 3
17	17	provisions; amending s. 945.73, F.S.; requiring the 4
18	18	Department of Corrections to develop and implement 5
19	19	training programs for eligible inmates which include 6
20	20	training about restorative justice practices; amending 7
21	21	s. 960.001, F.S.; revising a guideline for providing 8
22	22	information concerning services available to victims 9
23	23	of crime to include restorative justice; amending s. 10
24	24	960.03, F.S.; defining the term "restorative justice"; 11
25	25	providing an effective date. 12
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27	27	Be It Enacted by the Legislature of the State of Florida: 14
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29	29	Section 1. Section 945.71, Florida Statute s, is amended to 16
30	30	read: 17
31	31	945.71 Inmate training programs; intent and purposes. —It 18
32	32	is the intent of ss. 945.71 -945.74 to authorize the 19
33	33	establishment of structured disciplinary training programs 20
34	34	within the Department of Corrections expressly intended to 21
35	35	instill self-discipline, improve work habits, increase 22
36	36	accountability and reparative behavior, and improve self-23
37	37	confidence for inmates. 24
38	38	Section 2. Subsection (1) of section 945.73, Florida 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	Statutes, is amended to read: 26
52	52	945.73 Inmate training program oper ation.— 27
53	53	(1) The department shall, subject to specific legislative 28
54	54	appropriation, develop and implement training programs for 29
55	55	eligible inmates which include, but are not limited to, marching 30
56	56	drills, calisthenics, a rigid dress code, work assignments, 31
57	57	physical training, training in decisionmaking and personal 32
58	58	development, drug counseling, education, training about 33
59	59	restorative justice practices, and rehabilitation. 34
60	60	Section 3. Paragraph (a) of subsection (1) of section 35
61	61	960.001, Florida Statutes, is amende d to read: 36
62	62	960.001 Guidelines for fair treatment of victims and 37
63	63	witnesses in the criminal justice and juvenile justice systems. — 38
64	64	(1) The Department of Legal Affairs, the state attorneys, 39
65	65	the Department of Corrections, the Department of Juvenile 40
66	66	Justice, the Florida Commission on Offender Review, the State 41
67	67	Courts Administrator and circuit court administrators, the 42
68	68	Department of Law Enforcement, and every sheriff's department, 43
69	69	police department, or other law enforcement agency as defined in 44
70	70	s. 943.10(4) shall develop and implement guidelines for the use 45
71	71	of their respective agencies, which guidelines are consistent 46
72	72	with the purposes of this act and s. 16(b), Art. I of the State 47
73	73	Constitution and are designed to implement s. 16(b), Art. I of 48
74	74	the State Constitution and to achieve the following objectives: 49
75	75	(a) Information concerning services available to victims 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	of adult and juvenile crime. —As provided in s. 27.0065, state 51
89	89	attorneys and public defenders shall gather information 52
90	90	regarding the following services in the geographic boundaries of 53
91	91	their respective circuits and shall provide such information to 54
92	92	each law enforcement agency with jurisdiction within such 55
93	93	geographic boundaries. Law enforcement personnel shall ensure, 56
94	94	through distribution of a victim's rig hts information card or 57
95	95	brochure at the crime scene, during the criminal investigation, 58
96	96	and in any other appropriate manner, that victims are given, as 59
97	97	a matter of course at the earliest possible time, information 60
98	98	about: 61
99	99	1. The availability of crime vict im compensation, if 62
100	100	applicable; 63
101	101	2. Crisis intervention services, supportive or bereavement 64
102	102	counseling, social service support referrals, and community -65
103	103	based victim treatment programs and restorative justice 66
104	104	programs; 67
105	105	3. The role of the victim in the cr iminal or juvenile 68
106	106	justice process, including what the victim may expect from the 69
107	107	system as well as what the system expects from the victim; 70
108	108	4. The stages in the criminal or juvenile justice process 71
109	109	which are of significance to the victim and the manner in which 72
110	110	information about such stages can be obtained; 73
111	111	5. The right of a victim, who is not incarcerated, 74
112	112	including the victim's parent or guardian if the victim is a 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	minor, the lawful representative of the victim or of the 76
126	126	victim's parent or guardian if the victim is a minor, and the 77
127	127	next of kin of a homicide victim, upon request, to be informed, 78
128	128	to be present, and to be heard at all stages of a criminal or 79
129	129	juvenile proceeding as provided by s. 16(b), Art. I of the State 80
130	130	Constitution; 81
131	131	6. In the case of incarcerated victims, the right, upon 82
132	132	request, to be informed and to submit written statements at all 83
133	133	stages of the criminal proceedings, parole proceedings, or 84
134	134	juvenile proceedings; 85
135	135	7. The right of a victim to a prompt and timely 86
136	136	disposition of the case in order to minimize the period during 87
137	137	which the victim must endure the responsibilities and stress 88
138	138	involved; and 89
139	139	8. The right of a victim to employ private counsel. The 90
140	140	Florida Bar is encouraged to develop a registry of a ttorneys who 91
141	141	are willing to serve on a pro bono basis as advocates for crime 92
142	142	victims; and 93
143	143	9. The right of a victim to pursue restorative justice as 94
144	144	defined in s. 960.03, if available . 95
145	145	Section 4. Present subsections (13) and (14) of section 96
146	146	960.03, Florida Statutes, are redesignated as subsections (14) 97
147	147	and (15), respectively, and a new subsection (13) is added to 98
148	148	that section, to read: 99
149	149	960.03 Definitions; ss. 960.01 -960.28.—As used in ss. 100
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162	162	960.01-960.28, unless the context otherwise requires, the term : 101
163	163	(13) "Restorative justice" means a victim -centered 102
164	164	response to crime that enables those most impacted by an 103
165	165	offense, the victim, the offender, their families, and community 104
166	166	members, to meet and participate directly in addressing the 105
167	167	resulting harm through a voluntary process that prioritizes 106
168	168	accountability, repair, and the safety of participants. The term 107
169	169	includes restorative justice processes, which include, but are 108
170	170	not limited to, victim -offender dialogues, family group 109
171	171	conferences, restorative circle s, community conferences, and 110
172	172	other similar victim -centered processes. 111
173	173	Section 5. This act shall take effect July 1, 2024. 112