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