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