Florida 2024 Regular Session

Florida House Bill H0881 Latest Draft

Bill / Introduced Version Filed 12/13/2023

                               
 
HB 881  	2024 
 
 
 
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A bill to be entitled 1 
An act relating to restorative justice; amending s. 2 
945.71, F.S.; revising the intent of specified 3 
provisions; amending s. 945.73, F.S.; requiring the 4 
Department of Corrections to develop and implement 5 
training programs for eligible inmates which include 6 
training about restorative justice practices; amending 7 
s. 960.001, F.S.; revising a guideline for providing 8 
information concerning services available to victims 9 
of crime to include restorative justice; amending s. 10 
960.03, F.S.; defining the term "restorative justice"; 11 
providing an effective date. 12 
 13 
Be It Enacted by the Legislature of the State of Florida: 14 
 15 
 Section 1.  Section 945.71, Florida Statute s, is amended to 16 
read: 17 
 945.71  Inmate training programs; intent and purposes. —It 18 
is the intent of ss. 945.71 -945.74 to authorize the 19 
establishment of structured disciplinary training programs 20 
within the Department of Corrections expressly intended to 21 
instill self-discipline, improve work habits, increase 22 
accountability and reparative behavior, and improve self-23 
confidence for inmates. 24 
 Section 2.  Subsection (1) of section 945.73, Florida 25     
 
HB 881  	2024 
 
 
 
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Statutes, is amended to read: 26 
 945.73  Inmate training program oper ation.— 27 
 (1)  The department shall, subject to specific legislative 28 
appropriation, develop and implement training programs for 29 
eligible inmates which include, but are not limited to, marching 30 
drills, calisthenics, a rigid dress code, work assignments, 31 
physical training, training in decisionmaking and personal 32 
development, drug counseling, education, training about 33 
restorative justice practices, and rehabilitation. 34 
 Section 3.  Paragraph (a) of subsection (1) of section 35 
960.001, Florida Statutes, is amende d to read: 36 
 960.001  Guidelines for fair treatment of victims and 37 
witnesses in the criminal justice and juvenile justice systems. — 38 
 (1)  The Department of Legal Affairs, the state attorneys, 39 
the Department of Corrections, the Department of Juvenile 40 
Justice, the Florida Commission on Offender Review, the State 41 
Courts Administrator and circuit court administrators, the 42 
Department of Law Enforcement, and every sheriff's department, 43 
police department, or other law enforcement agency as defined in 44 
s. 943.10(4) shall develop and implement guidelines for the use 45 
of their respective agencies, which guidelines are consistent 46 
with the purposes of this act and s. 16(b), Art. I of the State 47 
Constitution and are designed to implement s. 16(b), Art. I of 48 
the State Constitution and to achieve the following objectives: 49 
 (a)  Information concerning services available to victims 50     
 
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of adult and juvenile crime. —As provided in s. 27.0065, state 51 
attorneys and public defenders shall gather information 52 
regarding the following services in the geographic boundaries of 53 
their respective circuits and shall provide such information to 54 
each law enforcement agency with jurisdiction within such 55 
geographic boundaries. Law enforcement personnel shall ensure, 56 
through distribution of a victim's rig hts information card or 57 
brochure at the crime scene, during the criminal investigation, 58 
and in any other appropriate manner, that victims are given, as 59 
a matter of course at the earliest possible time, information 60 
about: 61 
 1.  The availability of crime vict im compensation, if 62 
applicable; 63 
 2.  Crisis intervention services, supportive or bereavement 64 
counseling, social service support referrals, and community -65 
based victim treatment programs and restorative justice 66 
programs; 67 
 3.  The role of the victim in the cr iminal or juvenile 68 
justice process, including what the victim may expect from the 69 
system as well as what the system expects from the victim; 70 
 4.  The stages in the criminal or juvenile justice process 71 
which are of significance to the victim and the manner in which 72 
information about such stages can be obtained; 73 
 5.  The right of a victim, who is not incarcerated, 74 
including the victim's parent or guardian if the victim is a 75     
 
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minor, the lawful representative of the victim or of the 76 
victim's parent or guardian if the victim is a minor, and the 77 
next of kin of a homicide victim, upon request, to be informed, 78 
to be present, and to be heard at all stages of a criminal or 79 
juvenile proceeding as provided by s. 16(b), Art. I of the State 80 
Constitution; 81 
 6.  In the case of incarcerated victims, the right, upon 82 
request, to be informed and to submit written statements at all 83 
stages of the criminal proceedings, parole proceedings, or 84 
juvenile proceedings; 85 
 7.  The right of a victim to a prompt and timely 86 
disposition of the case in order to minimize the period during 87 
which the victim must endure the responsibilities and stress 88 
involved; and 89 
 8.  The right of a victim to employ private counsel. The 90 
Florida Bar is encouraged to develop a registry of a ttorneys who 91 
are willing to serve on a pro bono basis as advocates for crime 92 
victims; and 93 
 9.  The right of a victim to pursue restorative justice as 94 
defined in s. 960.03, if available . 95 
 Section 4.  Present subsections (13) and (14) of section 96 
960.03, Florida Statutes, are redesignated as subsections (14) 97 
and (15), respectively, and a new subsection (13) is added to 98 
that section, to read: 99 
 960.03  Definitions; ss. 960.01 -960.28.—As used in ss. 100     
 
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960.01-960.28, unless the context otherwise requires, the term : 101 
 (13)  "Restorative justice" means a victim -centered 102 
response to crime that enables those most impacted by an 103 
offense, the victim, the offender, their families, and community 104 
members, to meet and participate directly in addressing the 105 
resulting harm through a voluntary process that prioritizes 106 
accountability, repair, and the safety of participants. The term 107 
includes restorative justice processes, which include, but are 108 
not limited to, victim -offender dialogues, family group 109 
conferences, restorative circle s, community conferences, and 110 
other similar victim -centered processes. 111 
 Section 5.  This act shall take effect July 1, 2024. 112