Florida 2024 Regular Session

Florida House Bill H1315 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3	HB 1315 2024
4	4
5	5
6	6
7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb1315-00
9	9	Page 1 of 8
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
11	11
12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to an independent incentivized prison 2
16	16	program; providing a short title; creating s. 3
17	17	944.8032, F.S.; providing legislative intent; defining 4
18	18	the terms "nonviolent offense," "recidivism," and 5
19	19	"tentative release date"; requiring the Department of 6
20	20	Corrections to establish an independent incentivized 7
21	21	prison program for nonviolent offenders; providing 8
22	22	location requirements for the program; specifying 9
23	23	admission criteria and program requirements; providing 10
24	24	reporting requirements by specified dates; requiring 11
25	25	annual reports after a specified date; requiring the 12
26	26	department to adopt rules; providing an effective 13
27	27	date. 14
28	28	15
29	29	Be It Enacted by the Legislature of the State of Florida: 16
30	30	17
31	31	Section 1. Section 944.8032, Florida Statutes, is created 18
32	32	to read: 19
33	33	944.8032 Independent incentivized prison program. — 20
34	34	(1) LEGISLATIVE INTENT. —It is the intent of the 21
35	35	Legislature that the department expand the incentivized pri son 22
36	36	program to provide education, life skills, and discharge 23
37	37	planning in a continued effort to reduce recidivism rates. The 24
38	38	department is encouraged to identify areas of need and 25
39	39
40	40	HB 1315 2024
41	41
42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb1315-00
46	46	Page 2 of 8
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
48	48
49	49
50	50
51	51	alternative pathways to reducing recidivism rates. 26
52	52	(2) DEFINITIONS.—As used in this section, the term: 27
53	53	(a) "Nonviolent offense" means an offense, or attempted 28
54	54	offense, that does not involve the intentional use or threat of 29
55	55	physical force or violence against another individual. 30
56	56	(b) "Recidivism" means an inmate's rearrest, conv iction, 31
57	57	reincarceration, or probation revocation within 3 years after 32
58	58	his or her release from incarceration. 33
59	59	(c) "Tentative release date" means the anticipated date on 34
60	60	which an inmate will be released from incarceration after the 35
61	61	application of adjustmen t for any gain-time earned or credit for 36
62	62	time served. 37
63	63	(3) PROGRAM ESTABLISHMENT. —The department shall establish 38
64	64	an independent incentivized prison program under the Office of 39
65	65	Programs and Re-Entry for nonviolent offenders who have 40
66	66	demonstrated positive b ehavior while incarcerated. The program's 41
67	67	focus must be on preparing inmates for reentry into the 42
68	68	community by emphasizing education and vocational training, job 43
69	69	readiness skills, substance use disorder treatment, mental 44
70	70	health treatment, life skills, and post-release planning. 45
71	71	(4) LOCATION.—The department shall establish the 46
72	72	independent incentivized prison program at a rural correctional 47
73	73	institution that houses male inmates at a capacity of at least 48
74	74	1,500 inmates and that is located in a county that has a 49
75	75	population of no less than 25,000 and no more than 30,000. The 50
76	76
77	77	HB 1315 2024
78	78
79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb1315-00
83	83	Page 3 of 8
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
85	85
86	86
87	87
88	88	program shall serve the entire institution. 51
89	89	(5) ADMISSION CRITERIA. — 52
90	90	(a) To qualify for participation in the independent 53
91	91	incentivized prison program, an inmate must: 54
92	92	1. Request to parti cipate in the program using the process 55
93	93	developed by the department by rule; 56
94	94	2. Be serving a term of imprisonment only for a nonviolent 57
95	95	offense or offenses that are not a violation of any offense 58
96	96	listed in s. 775.21; s. 776.08, except violations of s. 59
97	97	810.02(3)(b), (3)(f), and (4); or s. 943.0435; 60
98	98	3. Have never been convicted of a violation of any offense 61
99	99	listed in s. 775.21 or s. 943.0435; 62
100	100	4. Have a tentative release date that is greater than 24 63
101	101	months away and not more than 60 months away at the time of 64
102	102	consideration for the program; and 65
103	103	5. Qualify under department rules to participate in the 66
104	104	program. 67
105	105	(b) The department shall give priority consideration to an 68
106	106	inmate who is a veteran as defined in s. 1.01 and who meets the 69
107	107	requirements of parag raph (a). 70
108	108	(c) An inmate may be removed from the independent 71
109	109	incentivized prison program if: 72
110	110	1. The inmate is found guilty of a violation on any 73
111	111	disciplinary report; 74
112	112	2. The inmate requests removal in the manner prescribed by 75
113	113
114	114	HB 1315 2024
115	115
116	116
117	117
118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb1315-00
120	120	Page 4 of 8
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
122	122
123	123
124	124
125	125	the department by rule; or 76
126	126	3. The department determines that the inmate poses a 77
127	127	threat to the safety, security, or orderly operation of the 78
128	128	independent incentivized prison program, and such threat is 79
129	129	documented by the department. 80
130	130	(6) PROGRAM REQUIREMENTS. — 81
131	131	(a) The department shall consult with CareerSource Florida 82
132	132	to identify high-demand occupations in which inmates are likely 83
133	133	to gain successful employment upon release. The department shall 84
134	134	prioritize its training and educational opportunities to prepare 85
135	135	program participants f or such occupations. 86
136	136	(b) Upon entry into the program, the department shall 87
137	137	evaluate all of the participants' needs related to education and 88
138	138	vocational training, substance use disorder treatment, mental 89
139	139	health treatment, and community supports. 90
140	140	(c) The department shall provide program participants 91
141	141	access to substance abuse treatment, remedial and basic 92
142	142	educational services, and other enrichment programs in the same 93
143	143	manner as provided in other incentivized prison programs in 94
144	144	correctional institutions oper ated by the department. 95
145	145	(d) The department shall provide increased visitation and 96
146	146	increased phone calls or free phone calls to program 97
147	147	participants, and may provide any other incentives to program 98
148	148	participants as deemed appropriate by the department. 99
149	149	(e) The department may enter into agreements with the 100
150	150
151	151	HB 1315 2024
152	152
153	153
154	154
155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb1315-00
157	157	Page 5 of 8
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
159	159
160	160
161	161
162	162	Florida Virtual School and Florida Southern University to 101
163	163	provide access to academic education and vocational training. 102
164	164	(f) Services in the independent incentivized prison 103
165	165	program must be provided in a facility that is at least 104
166	166	partially equipped with air -conditioning. However, the program 105
167	167	may begin before the facility is fully equipped with air -106
168	168	conditioning. 107
169	169	(g) The department shall employ transition specialists who 108
170	170	are responsible for developing an individualized reentry plan 109
171	171	for each of the program participants. Each individualized 110
172	172	reentry plan must address: 111
173	173	1. Obtaining identification needed for reentry, such as 112
174	174	birth certificates, social security cards, and a state -issued 113
175	175	identification card or driver license; 114
176	176	2. Obtaining any necessary vocational or occupational 115
177	177	license or credential; 116
178	178	3. Eligibility for state and federal benefits, including, 117
179	179	but not limited to, social security benefits and veteran 118
180	180	benefits; 119
181	181	4. Accessing health services in the community, including 120
182	182	medical and dental treatment, mental health services, and 121
183	183	substance use disorder treatment; 122
184	184	5. Job placement and other employment services, such as 123
185	185	interviewing skills and resume writing; 124
186	186	6. Meeting basic physical needs, such a s housing, food, 125
187	187
188	188	HB 1315 2024
189	189
190	190
191	191
192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb1315-00
194	194	Page 6 of 8
195	195	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
196	196
197	197
198	198
199	199	and clothing; 126
200	200	7. Life skills, including, but not limited to, money 127
201	201	management, anger management, and conflict resolution; 128
202	202	8. Identification of support systems, such as family, 129
203	203	friends, community groups, religious activities, and recove ry 130
204	204	groups; 131
205	205	9. Academic and vocational programs; 132
206	206	10. Transportation; and 133
207	207	11. Postrelease support for 12 months. 134
208	208	(h) The department shall provide specialized training for 135
209	209	staff and correctional officers in the independent incentivized 136
210	210	prison program. 137
211	211	(7) REPORTS.—The department shall submit the following 138
212	212	reports to the Governor, the President of the Senate, and the 139
213	213	Speaker of the House of Representatives: 140
214	214	(a) By October 1, 2025, a report that provides an overview 141
215	215	of the program as implemented and, at a minimum, provides: 142
216	216	1. The status of implementation of the independent 143
217	217	incentivized prison program; 144
218	218	2. Identified high-demand occupations and implemented 145
219	219	vocational training and educational programs; 146
220	220	3. The implemented services and programming a vailable to 147
221	221	participants; 148
222	222	4. A description of incentives provided to participants; 149
223	223	5. A status update on equipping the facility with air -150
224	224
225	225	HB 1315 2024
226	226
227	227
228	228
229	229	CODING: Words stricken are deletions; words underlined are additions.
230	230	hb1315-00
231	231	Page 7 of 8
232	232	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
233	233
234	234
235	235
236	236	conditioning; 151
237	237	6. The number and description of participants' 152
238	238	disciplinary reports and removals from the program, as 153
239	239	applicable; and 154
240	240	7. Any information required under paragraph (b), as 155
241	241	applicable. 156
242	242	(b) By October 1, 2028, and annually thereafter, a report 157
243	243	that includes the following: 158
244	244	1. The number of participants in the independent 159
245	245	incentivized prison program and a description of program 160
246	246	participants, including, but not limited to, the types of crimes 161
247	247	for which participants are incarcerated, the average length of 162
248	248	time remaining on participants' sentences at the time of entry 163
249	249	into the program, the number of partici pants subject to 164
250	250	supervision upon release from incarceration, and the basic 165
251	251	demographics of the participants; 166
252	252	2. A description of the educational and vocational courses 167
253	253	offered through the program, the number of participants enrolled 168
254	254	in each course, and the number of participants who have 169
255	255	completed each course; 170
256	256	3. The number of job placements for participants upon 171
257	257	release, by educational and vocational skill, as applicable; 172
258	258	4. Community involvement in the program; 173
259	259	5. Participant satisfaction; 174
260	260	6. The number of participants who are removed from the 175
261	261
262	262	HB 1315 2024
263	263
264	264
265	265
266	266	CODING: Words stricken are deletions; words underlined are additions.
267	267	hb1315-00
268	268	Page 8 of 8
269	269	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
270	270
271	271
272	272
273	273	program for disciplinary issues, who requested removal from the 176
274	274	program, or who were removed from the program due to other 177
275	275	reasons, as applicable; 178
276	276	7. Recommendations of the department and of program 179
277	277	participants; and 180
278	278	8. The recidivism rate of participants in the independent 181
279	279	incentivized prison program, of participants in other 182
280	280	incentivized programs previously established by the department, 183
281	281	and of non-participating inmates. 184
282	282	(8) RULEMAKING.-The department shall adopt rules pursuant 185
283	283	to ss. 120.536(1) and 120.54 to implement and administer this 186
284	284	section. 187
285	285	Section 2. This act shall take effect July 1, 2024. 188