Florida Senate - 2020                                     SB 960
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-00182A-20                                           2020960__
    1                        A bill to be entitled                      
    2         An act relating to citizen oversight of correctional
    3         facilities; creating s. 944.0232, F.S.; creating a
    4         Citizens Oversight Council adjunct to the Department
    5         of Corrections; providing for membership and terms;
    6         specifying duties and responsibilities of the council;
    7         prohibiting the council from interfering with the day
    8         to-day operations of the Department of Corrections or
    9         the Department of Juvenile Justice or certain
   10         facilities; providing a purpose of the council;
   11         providing for confidentiality of council business;
   12         authorizing reimbursement for per diem and travel
   13         expenses; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 944.0232, Florida Statutes, is created
   18  to read:
   19         944.0232 Citizens Oversight Council.—
   20         (1) The Citizens Oversight Council, an advisory council as
   21  defined in s. 20.03(7), is created adjunct to the Department of
   22  Corrections. Except as otherwise provided in this section, the
   23  council shall operate in a manner consistent with s. 20.052.
   24         (2)(a) The council shall consist of the following members:
   25         1. Four members appointed by the President of the Senate.
   26         2. Four members appointed by the Minority Leader of the
   27  Senate.
   28         3. Four members appointed by the Speaker of the House of
   29  Representatives.
   30         4. Four members appointed by the Minority Leader of the
   31  House of Representatives.
   32         (b) The initial members of the council shall be appointed
   33  by October 1, 2020. Members shall be appointed for terms of 4
   34  years. However, to achieve staggered terms, one member of each
   35  appointing authority shall be appointed for an initial 2-year
   36  term. Members must be appointed equally within each region of
   37  the department. The council’s membership shall include, to the
   38  greatest extent possible, former prisoners, persons who are
   39  directly impacted by the correctional system, and criminal
   40  justice or prison reform advocates.
   41         (3) The council’s primary duties and responsibilities
   42  include:
   43         (a) Regularly conducting unannounced visits to adult and
   44  juvenile correctional facilities, including facilities operated
   45  by private contractors. Council members may enter any
   46  correctional facility where prisoners or juveniles are kept and
   47  shall be immediately admitted to such facilities upon their
   48  request and may consult and confer with any prisoner or
   49  juvenile, provided that there is adequate security. A council
   50  member, upon any finding of concern, shall immediately contact
   51  the warden and the two will work together to resolve the
   52  concern.
   53         (b) Conducting confidential interviews with administration,
   54  staff, officers, prisoners, juveniles, prisoners’ and juveniles’
   55  families, volunteers, and public officials relating to the
   56  operations and conditions of adult and juvenile correctional
   57  facilities as well as the general health and welfare of
   58  prisoners and juveniles.
   59         (c) Conducting telephone interviews with prisoners and
   60  juveniles in a manner similar to that of legal counsel in a
   61  private area using a telephone that is not recorded.
   62         (d) Making recommendations to the classification teams,
   63  including recommendations regarding close management,
   64  administrative confinement, and disciplinary hearings.
   65         (4) The council may not interfere with the day-to-day
   66  operations of the Department of Corrections or the Department of
   67  Juvenile Justice or any facilities operated by or on behalf of
   68  either department, but shall serve as a liaison between
   69  administration, staff, prisoners, juveniles, and prisoners’ and
   70  juveniles’ families.
   71         (5) The council’s purpose is to transcend the turmoil that
   72  exists between administration, staff, officers, prisoners,
   73  juveniles, and prisoners’ and juveniles’ families and,
   74  therefore, a council member may not discuss any circumstances or
   75  findings with the media or any person who is not a member or
   76  appointing authority of the council.
   77         (6) Members of the council shall serve without compensation
   78  but may receive reimbursement for per diem and travel expenses
   79  as provided in s. 112.061.
   80         Section 2. This act shall take effect July 1, 2020.