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 855 2023
1 A bill to be entitled
2 An act relating to restorative justice; amending s.
3 945.71, F.S.; revising legislative intent for inmate
4 training programs; amending s. 945.73, F.S.; requiring
5 the Department of Corrections to develop and implement
6 training about restorative justice practices; amending
7 s. 960.001, F.S.; requiring notice to victims if
8 restorative justice is available; defining the term
9 "restorative justice"; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Section 945.71, Florida Statutes, is amended to
14 read:
15 945.71 Inmate training programs; intent and purposes.—It
16 is the intent of ss. 945.71-945.74 to authorize the
17 establishment of structured disciplinary training programs
18 within the Department of Corrections expressly intended to
19 instill self-discipline, improve work habits, increase
20 accountability and reparative behavior, and improve self-
21 confidence for inmates.
22 Section 2. Subsection (1) of section 945.73, Florida
23 Statutes, is amended to read:
24 945.73 Inmate training program operation.—
25 (1) The department shall, subject to specific legislative
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26 appropriation, develop and implement training programs for
27 eligible inmates which include, but are not limited to, marching
28 drills, calisthenics, a rigid dress code, work assignments,
29 physical training, training in decisionmaking and personal
30 development, drug counseling, education, training about
31 restorative justice practices, and rehabilitation.
32 Section 3. Paragraph (a) of subsection (1) of section
33 960.001, Florida Statutes, is amended to read:
34 960.001 Guidelines for fair treatment of victims and
35 witnesses in the criminal justice and juvenile justice systems. —
36 (1) The Department of Legal Affairs, the state attorneys,
37 the Department of Corrections, the Department of Juvenile
38 Justice, the Florida Commission on Offender Review, the State
39 Courts Administrator and circuit court administrators, the
40 Department of Law Enforcement, and every sheriff's department,
41 police department, or other law enforcement agency as defined in
42 s. 943.10(4) shall develop and implement guidelines for the use
43 of their respective agencies, which guidelines are consistent
44 with the purposes of this act and s. 16(b), Art. I of the State
45 Constitution and are designed to implement s. 16(b), Art. I of
46 the State Constitution and to achieve the following objectives:
47 (a) Information concerning services available to victims
48 of adult and juvenile crime.—As provided in s. 27.0065, state
49 attorneys and public defenders shall gather information
50 regarding the following services in the geographic boundaries of
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51 their respective circuits and shall provide such information to
52 each law enforcement agency with jurisdiction within such
53 geographic boundaries. Law enforcement personnel shall ensure,
54 through distribution of a victim's rights information card or
55 brochure at the crime scene, during the criminal investigation,
56 and in any other appropriate manner, that victims a re given, as
57 a matter of course at the earliest possible time, information
58 about:
59 1. The availability of crime victim compensation, if
60 applicable;
61 2. Crisis intervention services, supportive or bereavement
62 counseling, social service support referrals, and community-
63 based victim treatment programs;
64 3. The role of the victim in the criminal or juvenile
65 justice process, including what the victim may expect from the
66 system as well as what the system expects from the victim;
67 4. The stages in the criminal or juvenile justice process
68 which are of significance to the victim and the manner in which
69 information about such stages can be obtained;
70 5. The right of a victim, who is not incarcerated,
71 including the victim's parent or guardian if the victim is a
72 minor, the lawful representative of the victim or of the
73 victim's parent or guardian if the victim is a minor, and the
74 next of kin of a homicide victim, upon request, to be informed,
75 to be present, and to be heard at all stages of a criminal or
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76 juvenile proceeding as provided by s. 16(b), Art. I of the State
77 Constitution;
78 6. In the case of incarcerated victims, the right, upon
79 request, to be informed and to submit written statements at all
80 stages of the criminal proceedings, parole proceedings, or
81 juvenile proceedings;
82 7. The right of a victim to a prompt and timely
83 disposition of the case in order to minimize the period during
84 which the victim must endure the responsibilities and stress
85 involved; and
86 8. The right of a victim to employ private counsel. The
87 Florida Bar is encouraged to develop a registry of attorneys who
88 are willing to serve on a pro bono basis as advocates for crime
89 victims.
90 9.a. The right of a victim to be notified of restorative
91 justice if it is available in the jurisdiction. The victim or
92 their next of kin shall be advised that restorative justice may
93 be considered as a voluntary option, or a part of a deferred
94 prosecution or pretrial intervention. A notice shall be posted
95 on each waiting room floor of the lobbies of the State Attorney
96 and shall contain the location and contact information
97 concerning restorative justice programs which serve the county
98 or circuit.
99 b. As used in this subparagraph, the term "restorative
100 justice" means a gathering, in which parties who have caused
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101 harm or who have been harmed and community stakeholders choose
102 to collectively meet to identify and repair harm inflicted to
103 the extent possible, address trauma, reduce the likelihood of
104 further harm, and strengthen community ties by focusing on the
105 needs and obligations of all parties involved through a
106 voluntary and participatory process.
107 Section 4. This act shall take effect July 1, 2023.
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Statutes affected: H 855 Filed: 945.71, 945.73, 960.001