Senate Bill 2046

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1999                                  SB 2046

    By Senator Thomas





    3-1421-99

  1                      A bill to be entitled

  2         An act relating to county prisoners;

  3         authorizing a board of county commissioners to

  4         contract with the Department of Corrections to

  5         temporarily house county prisoners in a state

  6         correctional facility; requiring that such

  7         contract be approved pursuant to an ordinance

  8         adopted by an extraordinary vote of the board;

  9         providing for termination of the contract;

10         requiring that a county prisoner be transported

11         by the county, except in the case of a medical

12         emergency; specifying certain limitations with

13         respect to the authority granted under a

14         contract to house county prisoners; providing

15         that the penalty imposed for escape applies to

16         a county prisoner who fails to remain within a

17         state correctional facility; providing an

18         effective date.

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

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22         Section 1.  Contractual arrangements for the short-term

23  use and operation of state corrections beds to house county

24  prisoners.--

25         (1)  After consultation with the sheriff and upon

26  adoption of an ordinance by a vote of a majority plus one, the

27  board of county commissioners may enter into a contract with

28  the Department of Corrections for use and operation of

29  available beds at a state correctional facility to temporarily

30  house county prisoners who have been convicted and sentenced

31  for felonies or misdemeanors. The contract term and

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    Florida Senate - 1999                                  SB 2046
    3-1421-99




  1  compensation by the county to the Department of Corrections

  2  shall be determined by the parties under terms and conditions

  3  acceptable to the Department of Corrections. The Department of

  4  Corrections or the board of county commissioners may terminate

  5  the contract at any time upon 60 days' notice.

  6         (2)  The county may not transfer any county prisoner to

  7  a contracted state correctional facility if such transfer is

  8  inconsistent with the institutional profile established by the

  9  Department of Corrections. The Department of Corrections may

10  return a county prisoner at any time.

11         (3)  Except in the case of a medical emergency, the

12  county shall transport any county prisoner to and from the

13  contracted state correctional facility for any reason. The

14  county shall compensate the Department of Corrections for the

15  costs of transporting a county prisoner due to a medical

16  emergency.

17         (4)  A contract entered into under this section does

18  not authorize, allow, or imply a delegation of authority to

19  the Department of Corrections to:

20         (a)  Make a final determination on the classification

21  of a county prisoner.

22         (b)  Develop or adopt disciplinary rules or penalties

23  that differ from the disciplinary rules and penalties that

24  apply to county prisoners housed in facilities operated by the

25  county.

26         (c)  Make a final determination on a disciplinary

27  action that affects the liberty of a county prisoner. However,

28  the Department of Corrections may remove a county prisoner

29  from the general population during an emergency, before final

30  resolution of a disciplinary hearing, or in response to a

31  county prisoner's request to be housed in protective custody.

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    Florida Senate - 1999                                  SB 2046
    3-1421-99




  1         (d)  Make a decision that affects the sentence imposed

  2  upon or the time served by a county prisoner, including a

  3  decision to award, deny, or forfeit gain-time.

  4         (e)  Develop and implement requirements that county

  5  prisoners engage in any type of work, except to the extent

  6  that those requirements are accepted by the county.

  7         (f)  Determine a county prisoner's eligibility for any

  8  form of conditional, temporary, or permanent release from the

  9  contracted facility.

10         (5)  In the case of a county prisoner's willful failure

11  to remain within the supervisory control of the contracted

12  state correctional facility, such action constitutes an escape

13  and is punishable as provided in section 944.40, Florida

14  Statutes.

15         Section 2.  This act shall take effect July 1, 1999.

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18                          SENATE SUMMARY

19    Authorizes any board of county commissioners to contract
      with the Department of Corrections to temporarily house
20    county prisoners. Requires that the ordinance authorizing
      such a contract be approved by an extraordinary vote of
21    the board. Provides that the county or the department may
      terminate the contract upon 60 days' notice. Provides for
22    the county to be responsible for transporting county
      prisoners, except in the case of a medical emergency.
23    (See bill for details.)

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