Senate Bill 1618

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    Florida Senate - 1999                                  SB 1618

    By Senator Klein





    28-1267-99

  1                      A bill to be entitled

  2         An act relating to correctional work programs;

  3         amending s. 944.801, F.S.; requiring that the

  4         Department of Corrections periodically evaluate

  5         its vocational education programs; requiring

  6         the department to develop a plan to improve its

  7         educational and vocational classes; prohibiting

  8         the department from assigning an inmate to

  9         certain correctional work programs unless the

10         inmate has a high school diploma or a general

11         educational development certificate; amending

12         s. 946.002, F.S.; providing requirements for

13         assigning inmates to correctional work

14         programs; providing additional requirements for

15         reimbursement by inmates to the state for the

16         costs of incarceration; requiring that such

17         reimbursement is secondary in priority to

18         court-ordered restitution or child support;

19         amending s. 946.006, F.S.; requiring that the

20         Department of Corrections deduct a certain

21         amount from the wages of inmates who are

22         employed in correctional work programs;

23         providing certain limitations; amending s.

24         946.0061, F.S.; conforming a cross-reference to

25         changes made by the act; amending s. 946.008,

26         F.S., relating to the financing of correctional

27         work programs; deleting obsolete provisions;

28         amending s. 946.511, F.S.; revising the order

29         of priority for assigning inmates to

30         correctional work programs; amending s.

31         946.520, F.S.; revising requirements for

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  1         assigning inmates to a correctional work

  2         program operated by a private business;

  3         providing an effective date.

  4

  5  Be It Enacted by the Legislature of the State of Florida:

  6

  7         Section 1.  Section 944.801, Florida Statutes, is

  8  amended to read:

  9         944.801  Education for state prisoners.--

10         (1)  There is hereby established under the Department

11  of Corrections a Correctional Education Program which shall be

12  composed of the educational facilities and services of all

13  institutions and facilities housing inmates operated by the

14  Department of Corrections and shall be supervised by the

15  Department of Corrections.

16         (2)  The Department of Corrections is vested with the

17  authority and responsibility to manage and operate the

18  Correctional Education Program as provided by law.

19         (3)  The responsibilities of the Correctional Education

20  Program shall be to:

21         (a)  Develop guidelines for collecting

22  education-related information during the inmate reception

23  process and for disseminating such information to the

24  classification staff of the Department of Corrections.  The

25  information collected shall include the inmate's areas of

26  educational or vocational interest, vocational skills, and

27  level of education.

28         (b)  In cooperation with the Department of Education,

29  pursuant to s. 229.565, monitor and assess all inmate

30  education program services and report the results of such

31  evaluation in the annual report of activities.

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  1         (c)  In cooperation with the Department of Education,

  2  pursuant to s. 229.8075, develop complete and reliable

  3  statistics on the educational histories, the city/intracity

  4  area and school district where the inmate was domiciled prior

  5  to incarceration, the participation in state educational and

  6  training programs, and the occupations of inmates confined to

  7  state correctional facilities.  The compiled statistics shall

  8  be summarized and analyzed in the annual report of

  9  correctional educational activities required by paragraph (f).

10         (d)  Approve educational programs of the appropriate

11  levels and types in the correctional institutions and develop

12  procedures for the admission of inmate students thereto.

13         (e)  Enter into agreements with public or private

14  school districts, entities, community colleges, junior

15  colleges, colleges, or universities as may be deemed

16  appropriate for the purpose of carrying out its duties and

17  responsibilities and ensure that agreements require minimum

18  performance standards and standards for measurable objectives,

19  in accordance with established Department of Education

20  standards.

21         (f)  Report annual activities to the Secretary of

22  Corrections, the Commissioner of Education, the Governor, and

23  the Legislature.

24         (g)  Develop and maintain complete and reliable

25  statistics on the number of general educational development

26  (GED) certificates and vocational certificates issued by each

27  institution in each skill area, the change in inmate literacy

28  levels, and the number of inmate admissions to and withdrawals

29  from education courses.  The compiled statistics shall be

30  summarized and analyzed in the annual report of correctional

31  education activities required by paragraph (f) (e).

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  1         (h)  Develop a written procedure for selecting programs

  2  to add to or delete from the vocational curriculum.  The

  3  procedure shall include labor market analyses which

  4  demonstrate the projected demand for certain occupations and

  5  the projected supply of potential employees.  In conducting

  6  these analyses, the department shall evaluate the feasibility

  7  of adding vocational education programs which have been

  8  identified by the Department of Labor and Employment Security

  9  or a regional coordinating council as being in undersupply in

10  this state. The department must ensure that it periodically

11  reevaluates the vocational education programs that are offered

12  in major institutions. The department must, as part of its

13  periodic reevaluation and analyses, determine which vocational

14  educational programs are most likely to directly relate to and

15  provide valuable skills that would assist inmates who could

16  later be assigned to a correctional work program that is

17  operated as a Prison Industry Enhancement Program.

18         (i)  Ensure that every inmate who has 2 years or more

19  remaining to serve on his or her sentence at the time that he

20  or she is received at an institution and who lacks basic and

21  functional literacy skills as defined in s. 239.105 attends

22  not fewer than 150 hours of sequential instruction in a

23  correctional adult basic education program.  The basic and

24  functional literacy level of an inmate shall be determined by

25  the average composite test score obtained on a test approved

26  for this purpose by the State Board of Education.

27         1.  Upon completion of the 150 hours of instruction,

28  the inmate shall be retested and, if a composite test score of

29  functional literacy is not attained, the department is

30  authorized to require the inmate to remain in the

31  instructional program.

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  1         2.  Highest priority of inmate participation shall be

  2  focused on youthful offenders and those inmates nearing

  3  release from the correctional system.

  4         3.  An inmate shall be required to attend the 150 hours

  5  of adult basic education instruction unless such inmate:

  6         a.  Is serving a life sentence or is under sentence of

  7  death.

  8         b.  Is specifically exempted for security or health

  9  reasons.

10         c.  Is housed at a community correctional center, road

11  prison, work camp, or vocational center.

12         d.  Attains a functional literacy level after

13  attendance in fewer than 150 hours of adult basic education

14  instruction.

15         e.  Is unable to enter such instruction because of

16  insufficient facilities, staff, or classroom capacity.

17         4.  The Department of Corrections shall provide classes

18  to accommodate those inmates assigned to correctional or

19  public work programs after normal working hours.

20         5.  If an inmate attends and actively participates in

21  the 150 hours of instruction, the Department of Corrections

22  may grant a one-time award of up to 6 additional days of

23  incentive gain-time, which must be credited and applied as

24  provided by law.  Active participation means, at a minimum,

25  that the inmate is attentive, responsive, cooperative, and

26  completes assigned work.

27         (j)  Recommend the award of additional incentive

28  gain-time for inmates who receive a general educational

29  development certificate or a vocational certificate.

30         (k)  Ensure that all education staff are certified in

31  accordance with the Department of Education standards.

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  1         (l)  Develop goals and objectives relating to all

  2  phases of the correctional education program.

  3

  4  The department shall develop a plan by December 1, 1999, that

  5  improves its effort to provide educational and vocational

  6  classes on a more frequent basis and at times that accommodate

  7  the increasing number of inmates who are given work

  8  assignments. This plan must be provided to the Commissioner of

  9  Education, the Governor, and the Legislature. The plan must

10  include details as to how the department will implement the

11  plan by July 1, 2000.

12         (4)  Notwithstanding s. 120.81(3), all inmates under 22

13  years of age who qualify for special educational services and

14  programs pursuant to the Individuals with Disabilities

15  Education Act, 20 U.S.C. ss. 1400 et seq., and who request a

16  due process hearing as provided by that act shall be entitled

17  to such hearing before the Division of Administrative

18  Hearings.  Administrative law judges shall not be required to

19  travel to state or private correctional institutions and

20  facilities in order to conduct these hearings.

21         (5)  The Department of Corrections may not assign any

22  inmate to a correctional work program that operates under the

23  federally certified program called the Prison Industry

24  Enhancement Program unless the inmate has completed and

25  received, at a minimum, his or her high school diploma or

26  general educational development certificate.

27         Section 2.  Section 946.002, Florida Statutes, is

28  amended to read:

29         946.002  Requirement of labor; priority for

30  assignments; compensation; amount; crediting of account of

31

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  1  prisoner; forfeiture; civil rights; prisoner not employee or

  2  entitled to compensation insurance benefits.--

  3         (1)(a)  The department shall require of every

  4  able-bodied prisoner imprisoned in any institution as many

  5  hours of faithful labor in each day and every day during his

  6  or her term of imprisonment as shall be prescribed by the

  7  rules of the department.  Every able-bodied prisoner

  8  classified as medium custody or minimum custody who does not

  9  satisfactorily participate in any institutional work,

10  academic, or vocational programs shall be required to perform

11  work for such political subdivisions of the state as might

12  have entered into agreement with the department pursuant to s.

13  946.40.

14         (b)  The department shall have as a continuous goal the

15  reduction of inmate idleness in the prison system and shall

16  incorporate this goal and that of maximizing the use of

17  inmates while incarcerated in its strategic plan.  A goal of

18  the department shall be for all inmates, except those inmates

19  who pose a serious security risk or who are unable to work, to

20  work at least 40 hours a week.  Until this goal can be

21  accomplished, the department shall maximize the utilization of

22  inmates within existing resources.

23         (2)  The Department of Corrections shall establish

24  criteria for the assignment of inmates to correctional work

25  programs in major institutions. As part of its criteria, the

26  department must require every inmate to first work in an

27  unpaid, institutional work assignment before an inmate may be

28  assigned to a work program that compensates an inmate for the

29  work he or she performs. The department's criteria for work

30  assignments must also require an inmate to first work in a

31  work program that is leased or managed by the corporation that

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  1  is authorized under part II before an inmate may be assigned

  2  to a work program that operates as a Prison Industry

  3  Enhancement Program, whenever it is possible to do so.

  4         (3)(2)(a)  Each prisoner who is engaged in productive

  5  work in any state correctional institution, program, or

  6  facility under the jurisdiction of the department may receive

  7  for work performed such compensation as the department shall

  8  determine, except for compensation received by an inmate who

  9  works in a program that operates as a Prison Industry

10  Enhancement Program.  Such compensation shall be in accordance

11  with a schedule based on quality and quantity of work

12  performed and skill required for performance, and said

13  compensation shall be credited to the account of the prisoner

14  or the prisoner's family.

15         (b)  Any monetary payments made directly to the

16  prisoner shall be used in whole or in part to satisfy

17  restitution ordered by a court of competent jurisdiction to

18  the victim of the criminal act.

19         (c)  It shall be the policy of the department to

20  require inmates receiving compensation for work performed in

21  community programs to reimburse the state for lodging, food,

22  transportation, and other expenses incurred for sustaining the

23  inmate. Reimbursement shall be according to rules adopted

24  promulgated by the department, which shall provide that the

25  inmate retain only a minimal amount of money for personal

26  items and shall take into consideration compensation that may

27  be allocated for the support of the inmate's family and for

28  restitution for the victim of the crime committed. The amount

29  of reimbursement to the state shall be a standard amount that

30  most closely reflects the per diem average cost of

31  incarceration that is annually determined by the department.

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  1  The amount will be automatically deducted from an inmate's

  2  payment or upon deposit into an inmate's bank account.

  3  Reimbursement to the state for the cost of incarceration shall

  4  be secondary in priority to any court-ordered restitution or

  5  child support payments.

  6         (4)(3)  Said compensation shall be paid from the

  7  Department of Corrections Correctional Work Program Trust

  8  Fund. Whenever any price is fixed on any article, material,

  9  supply, or service, to be produced, manufactured, supplied, or

10  performed in connection with the work program of the

11  department, the compensation paid to the prisoners shall be

12  included as an item of cost in the final price.

13         (5)(4)(a)  When any prisoner shall willfully violate

14  the terms of his or her employment or the rules and

15  regulations of the department, the department may in its

16  discretion determine what portion of all moneys earned by the

17  prisoner shall be forfeited by said prisoner and such

18  forfeiture shall be redeposited to the Department of

19  Corrections Correctional Work Program Trust Fund.

20         (b)  When any prisoner escapes, the department shall

21  determine what portion of the prisoner's earnings shall be

22  forfeited, and such forfeiture shall be deposited in the State

23  Treasury in the Inmate Welfare Fund of the department.

24         (6)(5)  Nothing in this section is intended to restore,

25  in whole or in part, the civil rights of any prisoner. No

26  prisoner compensated under this section shall be considered as

27  an employee of the state or the department, nor shall such

28  prisoner come within any other provision of the Workers'

29  Compensation Act.

30         Section 3.  Present subsections (4) and (5) of section

31  946.006, Florida Statutes, are redesignated as subsections (5)

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  1  and (6) respectively, and a new subsection (4) is added to

  2  that section, to read:

  3         946.006  Correctional work programs.--

  4         (4)  For inmates who work for a private sector business

  5  that operates pursuant to a contract as authorized under

  6  subsection (3), the department shall deduct a standard amount

  7  from inmates wages which reflects the standard average per

  8  diem cost of incarceration that is determined by the

  9  department on an annual basis. This deduction amount is only

10  limited by the maximum percentage amount that is delineated by

11  the federal guidelines that limit the amount the state may

12  deduct for the cost of incarceration.

13         Section 4.  Section 946.0061, Florida Statutes, is

14  amended to read:

15         946.0061  Application.--Section 946.006(5) does

16  946.006(4) shall not apply to the correctional work programs

17  operated under part II of this chapter.

18         Section 5.  Section 946.008, Florida Statutes, is

19  amended to read:

20         946.008  Financing of correctional work programs.--

21         (1)  The Department of Corrections shall explore new

22  financing arrangements, including the involvement of private

23  industry and expertise within or outside the institutions, to

24  the maximum extent allowed by law. Nothing in this section

25  shall be construed or interpreted as authorizing or permitting

26  the department to incur a state debt of any kind or nature as

27  contemplated by the State Constitution in relation to such

28  financing arrangements.

29         (2)  Except as otherwise provided by law, funds

30  appropriated to the Correctional Work Program Trust Fund shall

31  be utilized for the purpose of renovation of, addition to, or

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  1  construction of facilities or implementation of correctional

  2  work programs, including academic or vocational training

  3  designed to meet the needs of the selected industry programs

  4  at the various correctional institutions as authorized

  5  pursuant to s. 946.006.  Such renovation, addition, or

  6  construction shall utilize inmate labor.

  7         (3)  A one-time sum of $500,000 shall be appropriated

  8  from the Inmate Welfare Trust Fund to the Correctional Work

  9  Program Trust Fund in fiscal year 1996-1997 to fund the

10  provisions of this section.  This sum shall be repaid by the

11  department when the unencumbered balance in the Correctional

12  Work Program Trust Fund equals $750,000 or more.

13         (3)(4)  The correctional work program shall be

14  efficient and shall stress productive labor for all inmates

15  physically able to engage in it.

16         Section 6.  Section 946.511, Florida Statutes, is

17  amended to read:

18         946.511  Provision of inmate labor to operate

19  correctional work programs; priorities, policies, and

20  procedures.--

21         (1)  Inmates shall be evaluated and identified during

22  the reception process to determine basic literacy, employment

23  skills, academic skills, vocational skills, and remedial and

24  rehabilitative needs.  The evaluation shall prescribe

25  education, work, and work-training for each inmate. Assignment

26  to programs shall be based on the evaluation and the length of

27  time the inmate will be in the custody of the department.

28  Assignment to programs shall be reviewed every 6 months to

29  ensure proper placement based on bed space availability.

30  Assignment of inmates shall be governed by the following

31  objectives and in the order of the following priorities:

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  1         (a)  Inmates shall be first assigned to meet the needs

  2  of the work requirements of the Department of Corrections,

  3  including essential operational functions and

  4  revenue-generating contracts that do not compensate an inmate

  5  for the work performed before an inmate may be assigned to a

  6  program that compensates an inmate for work performed.

  7         (b)  Inmates shall be assigned to correctional

  8  education to obtain a general educational development

  9  certificate or a basic educational foundation to subsequently

10  prepare to obtain a general educational development

11  certificate if an inmate does not have his or her high school

12  diploma.

13         (c)  Inmates shall be assigned to a work program that

14  is operated by the corporation before an inmate may be

15  assigned to a work program that is operated by a private

16  sector business, whenever it is feasible.

17         (d)(c)  Inmates shall be assigned to meet all other

18  work requirements of the department, including remaining

19  operational functions and nonrevenue-generating contracts.

20

21  As used in this subsection, the term "revenue-generating

22  contracts" includes contracts with the Department of

23  Transportation, the corporation authorized to conduct the

24  correctional work programs under part II, private sector

25  businesses operating programs authorized under s. 946.006(3),

26  and federal, state, or local governmental entities or

27  subdivisions authorized under s. 944.10(7).

28         (2)  The corporation shall establish policies and

29  procedures relating to the use of inmates in its correctional

30  work program, which shall be submitted to the department for

31

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  1  approval. Any policies and procedures in effect on the

  2  effective date of this act do not require approval.

  3         Section 7.  Section 946.520, Florida Statutes, is

  4  amended to read:

  5         946.520  Assignment of inmates by Department of

  6  Corrections.--

  7         (1)  The department shall exert its best efforts to

  8  assign inmates to the corporation, or the private sector

  9  business authorized under part I of this chapter, who have not

10  less than 1 nor more than 5 years remaining before their

11  tentative release dates. The department, however, may assign

12  inmates to a private sector business only if each inmate has,

13  at a minimum, his or her high school diploma or general

14  educational development certificate in accordance with the

15  requirements of s. 944.801. Any inmate assigned to work in a

16  program that is operated by the corporation or the private

17  business sector must first work in an assignment that meets

18  the needs of the department for operational functions and

19  revenue-generating contracts where an inmate is not

20  compensated for his or her work performed in such an

21  assignment. The department must first place an inmate in an

22  assignment that compensates an inmate at a lower rate, such as

23  a program that is operated by the corporation, before an

24  inmate may be assigned to work in a program that is operated

25  by a private sector business, whenever it is feasible to do

26  so. Beginning January 1,1998, The department shall maintain

27  the assignment of at least 60 percent of inmates to all

28  correctional work programs collectively to the corporation, or

29  to the private sector business authorized under part I of this

30  chapter, who have less than 10 years remaining before their

31  tentative release dates. This 60-percent requirement does not

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  1  apply to any correctional work program, or private sector

  2  business authorized under part I of this chapter, within an

  3  institution for any year in which, as of January 1 of that

  4  year, the average years remaining before the tentative release

  5  date of all inmates assigned to that institution exceeds 12

  6  years.

  7         (2)  The department may not remove an inmate once

  8  assigned to the corporation or to the private sector business

  9  authorized under part I of this chapter, except upon request

10  of or consent of such corporation or private sector business

11  or for the purposes of population management, for inmate

12  conduct that may subject the inmate to disciplinary

13  confinement or loss of gain-time, or for security and safety

14  concerns specifically set forth in writing to the corporation

15  or private sector business.

16         Section 8.  This act shall take effect upon becoming a

17  law.

18

19            *****************************************

20                          SENATE SUMMARY

21    Revises various provisions governing the operation of
      educational programs and work programs by the Department
22    of Corrections. Requires that the department evaluate its
      vocational education programs. Prohibits the department
23    from assigning an inmate to certain correctional work
      programs unless the inmate has a high school diploma or a
24    general educational development certificate. Provides
      that the reimbursement paid by inmates to the state for
25    the costs of incarceration is secondary in priority to
      court-ordered restitution or child support. Revises the
26    order of priority for assigning inmates to correctional
      work programs. (See bill for details.)
27

28

29

30

31

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