Legislative Session Ended: The Bad & The Good
The Bad:
While the Florida Senate passed Witness Identification Reform Bill, the Florida House of Representatives failed to take up and pass this important legislation.
Civil Rights Restoration Process rolled back: Acting as the Board of Executive Clemency, the Governor and Cabinet created new rules that mandate a minimum five year waiting period after a felony sentence has been served and restitution is paid before a convicted felon can apply to have civil rights restored in Florida. In cases involving violent crimes, the waiting period is 7 years. The new rules roll back those set in place in 2007 under Governor Charlie Crist. The new rules related to restoration of civil rights do not allow for automatic restoration of rights. The new rules require individuals to apply for restoration of civil rights. Governor Scott says "felons seeking restoration of civil rights demonstrate they desire and deserve clemency only after they show they are willing to abide by the law."
The Good: The Florida Innocence Commission was funded. The Commission will continue its work investigating the causes of wrongful convictions and make recommendations to prevent future ones.
SB 146/HB 449 separates the restoration of civil rights from the evaluation of occupational license applications. This bill 'decouples' the civil rights issues of voting and standing as a juror, from occupational licensing. These were previously linked together under the heading
of civil rights denied to those with felony convictions. This decoupling is important as it effectively clears any concern for public safety related to the restoration of the right to vote. Public safety was the argument put forth to maintain the denial of civil rights to those with felony conviction. That argument no longer has a leg to stand on.
Revise state-created employment restrictions based on criminal records
Legislative Action: One of the main drivers of recidivism in the state of Florida is the lack of employment opportunities for former inmates. Without gainful employment many former inmates will turn back to crime. SB146, known as the "Jim King Keep Florida Working Act" requires state agencies to prepare reports that identify and evaluate restrictions on licensing and employment for ex-offenders; it also prohibits state agencies from denying application for license, permit, certificate, or employment based solely on person's lack of civil rights. The bill is awaiting the Governor's signature.
Instituting adult post-incarceration drug courts
Legislative Action: SB400 relating to drug courts passed in both the Senate and the House and was signed by the Governor and will take effect on July 1, 2011. This bill requires offenders, sentenced to a post adjudicatory drug court program, who are drug court participants and are the subject of a violation of probation, to have the violation of probation or community control heard by the judge presiding over the drug court program.
Expand Faith-and Character-based Prison Programs
Legislative Action: HB369 provides requirements for faith- and character-based programs and deletes provisions relating to funding. It also revises requirements for participation and deletes provisions relating to assignment of chaplains. The bill passed both Chambers unanimously on May 2.
Expand Juvenile Civil Citation
Legislative Action: HB997 requires the state government to work together with local governments, businesses, and community organizations throughout the state to implement Civil Citation programs in their communities was ordered enrolled on May 2, and currently awaits the Governor's approval.
Limit the Commitment of Juvenile Midemeanants
Legislative Action: While Florida must continue to incarcerate youth who pose serious risks to public safety, detention and incarceration of young people should be an option of last resort. SB2114 prohibits a court from committing a child adjudicated with any misdemeanor or probation violation. A court may commit such child to a low-risk or moderate-risk residential placement under certain circumstances. This is expected to save $24.6 million.
Residential Placement of Juvenile Offenders
Legislative Action: SB618 repeals provisions relating to legislative intent for serious or habitual juvenile offenders in the juvenile justice system, definitions of terms for a training school and the serious or habitual juvenile offender program, the serious or habitual juvenile offender program in the juvenile justice system, the intensive residential treatment program for offenders less than 13 year of age, and the designation of persons holding law enforcement certification within the Office of the Inspector General to act as law enforcement officers.
Interstate Juvenile Offender Compact
Legislative action: HB1029 This bill requires the state's participation in a uniform set of procedures to facilitate the return of juveniles who ran away to other states and to create a system in which juvenile offenders could be supervised in other states. It creates the State Council for Interstate Juvenile Offender Supervision to oversee state participation in the compact.
Please contact us with your comments concerning any of the 2011 legislative activity, and questions about the upcoming year.
Information gathered from the Innocence Project of Florida: www.innocenceproject.org
and the Florida Tax Watch Center for Smart Justice: www.floridataxwatch.org
Support the Innocence Project of Florida
We are handling more cases than ever. Each case requires DNA testing on multiple pieces of evidence. DNA testing is vital, yet so costly.. Please join us to unlock the truth for those who are wrongfully incarcerated.
|
