Senate Bill sb1534

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    Florida Senate - 2001                                  SB 1534

    By Senator Crist





    13-968-01

  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Corrections; amending s. 921.161, F.S.;

  4         revising requirements for the department with

  5         respect to calculating credit allowed to a

  6         defendant for time served; revising

  7         requirements for certifying time served;

  8         amending s. 944.28, F.S.; providing for a

  9         disciplinary hearing officer rather than a

10         disciplinary committee to determine forfeiture

11         of gain-time; amending s. 944.35, F.S.;

12         requiring that the department's Inspector

13         General review the use of force by department

14         employees; providing for the Inspector General

15         to determine the appropriateness of the force

16         used; amending ss. 944.012, 944.02, 944.023,

17         944.026, 944.033, 944.09, 944.095, 944.10,

18         944.11, 944.115, 944.14, 944.151, 944.23,

19         944.24, 944.31, 944.32, 944.39, 944.402,

20         944.44, 944.45, 944.46, 944.47, 944.611,

21         944.613, 944.801, 944.803, 944.8031, F.S.,

22         relating to the state correctional system;

23         amending ss. 945.025, 945.0311, 945.091,

24         945.215, 945.21501, 945.21502, 945.27, 945.35,

25         945.6031, 945.6037, 945.72, 945.75, F.S.,

26         relating to the Department of Corrections;

27         amending ss. 946.002, 946.205, 946.25, 946.40,

28         946.504, 946.513, F.S., relating to inmate

29         labor and correctional work programs;

30         redesignating correctional institutions as

31         "prisons" and community correctional centers as

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  1         "work-release centers"; amending ss. 413.051,

  2         414.40, 948.03, 951.23, 958.04, F.S., relating

  3         to vending operations, the Stop Inmate Fraud

  4         Program, probation and community control,

  5         county and municipal detention facilities, and

  6         youthful offenders; conforming cross-references

  7         to changes made by the act; providing an

  8         effective date.

  9

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

11

12         Section 1.  Section 921.161, Florida Statutes, is

13  amended to read:

14         921.161  Sentence not to run until imposed; credit for

15  county jail time after sentence; certificate of custodian of

16  jail.--

17         (1)  A sentence of imprisonment shall not begin to run

18  before the date it is imposed, but the court imposing a

19  sentence shall allow a defendant credit for all of the time

20  she or he spent in the county jail before sentence. Unless

21  documented on the sheriff's certificate, the Department of

22  Corrections may not credit time served that is awarded by the

23  court when calculating, under s. 944.275, the date on which a

24  defendant will satisfy 85 percent of the sentence imposed.

25  However, the department may apply such additional credit for

26  time served prior to sentencing if the court specifies on the

27  judgment and sentence, or by separate court order, the dates

28  and places of the defendant's additional incarceration. The

29  credit must be for a specified period of time and shall be

30  provided for in the sentence.

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  1         (2)  In addition to other credits, a person sentenced

  2  to imprisonment in custody of the Department of Corrections

  3  shall receive credit on her or his sentence for all time spent

  4  between sentencing and being placed in custody of the

  5  department. When delivering a prisoner to the department, the

  6  custodian of the local jail shall certify to the department it

  7  in writing:

  8         (a)  The date of arrest or, if the prisoner is received

  9  from another jurisdiction, the date on which and name of the

10  agency from which the prisoner is received, the date the

11  sentence was imposed, and the date the prisoner was delivered

12  to the department or to another jurisdiction.

13         (b)  The dates of any periods after sentence when the

14  prisoner was at liberty on bond.

15         (c)  The dates and reasons for any other times the

16  prisoner was at liberty between the date the prisoner was

17  arrested and the date the prisoner was delivered to the

18  Department of Corrections after sentence.

19         (d)  The offender-based transaction system number or

20  numbers from the uniform arrest report or reports established

21  pursuant to s. 943.05(2).

22

23  The certificate shall be prima facie evidence of the facts

24  certified.

25         Section 2.  Paragraph (c) of subsection (2) of section

26  944.28, Florida Statutes, is amended to read:

27         944.28  Forfeiture of gain-time and the right to earn

28  gain-time in the future.--

29         (2)

30         (c)  The method of declaring a forfeiture under

31  paragraph (a) or paragraph (b) shall be as follows:  A written

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  1  charge shall be prepared, which shall specify each instance of

  2  misconduct upon which it is based and the approximate date

  3  thereof.  A copy of such charge shall be delivered to the

  4  prisoner, and he or she shall be given notice of a hearing

  5  before the disciplinary hearing officer designated committee

  6  created under the authorization of rules heretofore or

  7  hereafter adopted by the department for the institution in

  8  which he or she is confined.  The prisoner shall be present at

  9  the hearing.  If at such hearing the prisoner pleads guilty to

10  the charge or if the disciplinary hearing officer committee

11  determines that the prisoner is guilty thereof upon the basis

12  of proof presented at such hearing, it shall find him or her

13  guilty. If the disciplinary hearing officer committee

14  considers that all or part of the prisoner's gain-time and the

15  prisoner's right to earn gain-time during all or any part of

16  the sentence or sentences under which he or she is imprisoned

17  shall be forfeited, it shall so recommend in its written

18  report. Such report shall be presented to the warden of the

19  institution, who may approve such recommendation in whole or

20  in part by endorsing such approval on the report.  In the

21  event of approval, the warden shall forward the report to the

22  department. Thereupon, the department may, in its discretion,

23  declare the forfeiture thus approved by the warden or any

24  specified part thereof.

25         Section 3.  Paragraph (a) of subsection (1) and

26  subsection (2) of section 944.35, Florida Statutes, are

27  amended to read:

28         944.35  Authorized use of force; malicious battery and

29  sexual misconduct prohibited; reporting required; penalties.--

30

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  1         (1)(a)  An employee of the department is authorized to

  2  apply physical force upon an inmate only when and to the

  3  extent that it reasonably appears necessary:

  4         1.  To defend himself or herself or another against

  5  such other imminent use of unlawful force;

  6         2.  To prevent a person from escaping from a state

  7  prison correctional institution when the officer reasonably

  8  believes that person is lawfully detained in such institution;

  9         3.  To prevent damage to property;

10         4.  To quell a disturbance;

11         5.  To overcome physical resistance to a lawful

12  command; or

13         6.  To administer medical treatment only by or under

14  the supervision of a physician or his or her designee and

15  only:

16         a.  When treatment is necessary to protect the health

17  of other persons, as in the case of contagious or venereal

18  diseases; or

19         b.  When treatment is offered in satisfaction of a duty

20  to protect the inmate against self-inflicted injury or death.

21

22  As part of the correctional officer training program, the

23  Criminal Justice Standards and Training Commission shall

24  develop a course specifically designed to explain the

25  parameters of this subsection and to teach the proper methods

26  and techniques in applying authorized physical force upon an

27  inmate.

28         (2)  Each employee of the department who either applies

29  physical force or was responsible for making the decision to

30  apply physical force upon an inmate or an offender supervised

31  by the department in the community pursuant to this subsection

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  1  shall prepare, date, and sign an independent report within 5

  2  working days after of the incident. The report shall be

  3  delivered to the circuit administrator or warden or the

  4  regional administrator, who shall forward the report with all

  5  appropriate documentation to the Office of the Inspector

  6  General have an investigation made and shall approve or

  7  disapprove the force used. The Inspector General shall conduct

  8  a review and make recommendations regarding the

  9  appropriateness or inappropriateness of the use of force. If

10  the Inspector General finds that the use of force was

11  appropriate, the employee's report, together with the

12  Inspector General's written determination of the

13  appropriateness of the force used and the reasons therefor,

14  shall be forwarded to the circuit administrator or warden

15  within 5 working days after the date of the completion of the

16  review. If the Inspector General finds that the use of force

17  was inappropriate, the Inspector General shall conduct a

18  complete investigation into the incident and forward the

19  findings of fact to the appropriate regional director for

20  further action. The employee's report, together with the

21  warden's or regional administrator's written approval or

22  disapproval of the force used and the reasons therefor, shall

23  be forwarded within 5 working days of the date of the

24  completion of the investigation to the regional director. The

25  regional director shall, in writing, concur in the warden's or

26  regional administrator's evaluation or disapprove it. Copies

27  of the employee's report, the warden's or regional

28  administrator's evaluation, and the Inspector General's

29  regional director's review shall be kept in the files of the

30  inmate or the offender supervised by the department in the

31  community. A notation of each incident involving use of force

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  1  and the outcome based on the Inspector General's warden's or

  2  regional director's evaluation and the regional

  3  administrator's review shall be kept in the employee's file.

  4         Section 4.  Subsections (1) and (2) of section 944.012,

  5  Florida Statutes, are amended to read:

  6         944.012  Legislative intent.--The Legislature hereby

  7  finds and declares that:

  8         (1)  Florida spends each year in excess of $60 million

  9  for its state correctional system, but Florida citizens have

10  not received a fair return on that investment.  Florida

11  prisons correctional institutions have contributed little to

12  the reduction of crime.  To the contrary, crime rates continue

13  to rise; recidivism rates are notoriously high; and large

14  prisons have for the most part become schools for crime,

15  making successful reintegration into the community unlikely.

16         (2)  It is clear that major changes in correctional

17  methods are required.  It is essential to abate the use of

18  large institutions and continue the development of

19  community-based corrections; to equip judges with more

20  effective evaluative tools to deal with the criminal offender;

21  and to provide alternatives to institutionalization, including

22  the availability of probationers' residences and work-release

23  community correctional centers.

24         Section 5.  Subsections (2) and (8) of section 944.02,

25  Florida Statutes, are amended to read:

26         944.02  Definitions.--The following words and phrases

27  used in this chapter shall, unless the context clearly

28  indicates otherwise, have the following meanings:

29         (2)  "Correctional system" means all prisons and other

30  state prisons correctional institutions now existing or

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  1  hereafter created under the jurisdiction of the Department of

  2  Corrections.

  3         (8)  "State prison correctional institution" means any

  4  prison, road camp, prison industry, prison forestry camp, or

  5  any prison camp or prison farm or other correctional facility,

  6  temporary or permanent, in which prisoners are housed, worked,

  7  or maintained, under the custody and jurisdiction of the

  8  department.

  9         Section 6.  Paragraph (b) of subsection (1) of section

10  944.023, Florida Statutes, is amended to read:

11         944.023  Comprehensive correctional master plan.--

12         (1)  As used in this section, the term:

13         (b)  "Total capacity" of the state correctional system

14  means the total design capacity of all institutions and

15  facilities in the state correctional system, which may include

16  those facilities authorized and funded under chapter 957,

17  increased by one-half, with the following exceptions:

18         1.  Medical and mental health beds must remain at

19  design capacity.

20         2.  Community-based contracted beds must remain at

21  design capacity.

22         3.  The one-inmate-per-cell requirement at Florida

23  State Prison and other maximum security facilities must be

24  maintained pursuant to paragraph (7)(a).

25         4.  Work-release Community correctional centers and

26  drug treatment centers must be increased by one-third.

27         5.  A housing unit may not exceed its maximum capacity

28  pursuant to paragraphs (7)(a) and (b).

29         6.  A number of beds equal to 5 percent of total

30  capacity shall be deducted for management beds at

31  institutions.

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  1         Section 7.  Paragraphs (a) and (c) of subsection (1) of

  2  section 944.026, Florida Statutes, are amended to read:

  3         944.026  Community-based facilities and programs.--

  4         (1)  In addition to those facilities and services

  5  described elsewhere in this chapter, the department shall

  6  develop, provide, or contract for a statewide system of

  7  community-based facilities, services, and programs dealing

  8  with the rehabilitation of offenders, which shall include, but

  9  not be limited to:

10         (a)  A system of work-release community correctional

11  centers to be used for reintegration of the offender back into

12  the community, located at various places throughout the state

13  as provided in s. 944.033.

14         (c)  A system of probation and restitution centers

15  throughout the state whereby probationers, drug offender

16  probationers, and community controllees who have violated

17  their terms or conditions, and whose presumptive sentence

18  exceeds 22 months, may be required to reside while working,

19  receiving treatment, or attending school, or for persons on

20  probation, drug offender probation, or community control who

21  may be required to attend outpatient substance abuse

22  counseling.  The purpose of these facilities and services is

23  to provide the court with an alternative to committing

24  offenders to more secure state prisons correctional

25  institutions and to assist in the supervision of probationers,

26  drug offender probationers, and community controllees.

27         Section 8.  Section 944.033, Florida Statutes, is

28  amended to read:

29         944.033  Work-release Community correctional centers;

30  existence; location; purpose; restriction.--

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  1         (1)  A statewide system of correctional facilities is

  2  established to be known as "work-release community

  3  correctional centers."

  4         (2)  The purpose of these centers is to facilitate the

  5  reintegration of state inmates back into the community by

  6  means of participation in various work-release, study-release,

  7  community service, substance abuse treatment, and other

  8  rehabilitative programs.

  9         (3)  No person convicted of sexual battery pursuant to

10  s. 794.011 is eligible for placement in any work-release

11  community correctional center.

12         (4)  No facility shall be constructed, leased, or

13  purchased in any county until public hearings have been held

14  in that county.  Such public hearings shall be held pursuant

15  to uniform rules adopted by the department.

16         Section 9.  Paragraph (e) of subsection (1) and

17  subsection (2) of section 944.09, Florida Statutes, are

18  amended to read:

19         944.09  Rules of the department; offenders,

20  probationers, and parolees.--

21         (1)  The department has authority to adopt rules

22  pursuant to ss. 120.536(1) and 120.54 to implement its

23  statutory authority. The rules must include rules relating to:

24         (e)  The operation and management of the prison

25  correctional institution or facility and its personnel and

26  functions.

27         (2)  It is the duty of the wardens to supervise the

28  governance, discipline, and policy of the state prisons

29  correctional institutions and to enforce all orders and rules.

30         Section 10.  Section 944.095, Florida Statutes, is

31  amended to read:

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  1         944.095  Siting of additional prisons correctional

  2  facilities; procedure.--

  3         (1)  It is the intent of the Legislature that the

  4  siting of additional prisons correctional facilities shall be

  5  achieved in the most cost-efficient manner possible.

  6         (2)  When the department proposes a site for a state

  7  prison correctional facility, it shall request that the local

  8  government having jurisdiction over such proposed site

  9  determine whether or not the proposed site is in compliance

10  with local government comprehensive plans, local land use

11  ordinances, local zoning ordinances or regulations, and other

12  local ordinances in effect at the time of such request.  If no

13  such determination is made within 90 days after of the

14  request, it shall be presumed that the proposed site is in

15  compliance with such plans, ordinances, or regulations.

16         (3)  If the local government determines within 90 days

17  after of the request that construction of a prison

18  correctional facility on the proposed site does not comply

19  with any such plan, ordinance, or regulation, the department

20  may request a modification of such plan, ordinance, or

21  regulation without having an ownership interest in such

22  property.  For the purposes of this section, modification

23  includes, but is not limited to, a variance, rezoning, special

24  exception, or any other action of the local government having

25  jurisdiction over the proposed site which would authorize

26  siting of a prison correctional facility.

27         (4)  Upon receipt of a request for modification from

28  the department, the local government may recommend alternative

29  sites to the department and shall give notice and hold a

30  public hearing on the request for modification in the same

31  manner as for a rezoning as provided under the appropriate

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  1  special or local law or ordinance, except that such proceeding

  2  shall be recorded by tape or by a certified court reporter and

  3  made available for transcription at the expense of any

  4  interested party.

  5         (5)  When the department requests such a modification

  6  and it is denied by the local government or there is no action

  7  on such request within 90 days after of the request, the

  8  department may appeal the decision of the local government on

  9  the requested modification of local plans, ordinances, or

10  regulations to the Governor and Cabinet.

11         (6)  The Governor and Cabinet shall consider the

12  following when determining whether to grant the appeal from

13  the decision of the local government on the requested

14  modification:

15         (a)  The record of the proceedings before the local

16  government.

17         (b)  Reports and studies by any other agency relating

18  to matters within the jurisdiction of such agency which

19  matters may be potentially affected by the proposed site.

20         (c)  Existing studies and reports and information

21  maintained by the department as the Governor and Cabinet may

22  request addressing the feasibility and availability of

23  alternative sites in the general area.

24         (7)  The Governor and Cabinet, upon determining that

25  the local government has recommended no feasible alternative

26  site and that the interests of the state in providing prisons

27  correctional facilities outweigh the concerns of the local

28  government, shall authorize construction and operation of a

29  prison correctional facility on the proposed site

30  notwithstanding any local plan, ordinance, or regulation.

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  1         (8)  The Governor and Cabinet may adopt rules of

  2  procedure to govern these proceedings in accordance with the

  3  provisions of s. 120.54.

  4         (9)  Actions taken by the department or the Governor

  5  and Cabinet pursuant to this section shall not be subject to

  6  the provisions of ss. 120.56, 120.569, and 120.57. The

  7  decision by the Governor and Cabinet shall be subject to

  8  judicial review pursuant to s. 120.68 in the District Court of

  9  Appeal, First District.

10         (10)  Insofar as the provisions of this section are

11  inconsistent with the provisions of any other law, general,

12  special, or local, the provisions of this section are

13  controlling. Additionally, the criteria and procedures set

14  forth in this section supersede and are in lieu of any review

15  and approval required by s. 380.06.

16         Section 11.  Section 944.10, Florida Statutes, is

17  amended to read:

18         944.10  Department of Corrections to provide buildings;

19  sale and purchase of land; contracts to provide services and

20  inmate labor.--

21         (1)  It is the intent of the Legislature to expedite

22  the siting of, acquisition of land for, and construction by

23  the Department of Corrections of state prisons correctional

24  facilities operated by the department or a private vendor

25  under contract with the department. Other agencies shall

26  cooperate with the department and expeditiously fulfill their

27  responsibilities to avoid unnecessary delay in the siting of,

28  acquisition of land for, and construction of state prisons

29  correctional facilities. This section and all other laws of

30  the state shall be construed to accomplish this intent. This

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  1  section shall take precedence over any other law to the

  2  contrary.

  3         (2)  The department shall cause all necessary

  4  buildings, facilities, and physical plants to be erected to

  5  accommodate all prisoners and from time to time shall make

  6  such additional alterations as may be necessary to provide for

  7  any increase in the number of prisoners; it shall cause to be

  8  established proper accommodations for such officers of the

  9  department who are required to reside constantly within the

10  precincts of the institutions.

11         (3)(a)  The department may enter into lease-purchase

12  agreements to provide prisons to house correctional facilities

13  for the housing of state inmates. However, no such

14  lease-purchase agreement shall be entered into without

15  specific legislative authorization of that agreement, and

16  funds must be specifically appropriated for each

17  lease-purchase agreement. The facilities provided through such

18  agreements shall meet the program plans and specifications of

19  the department. The department may enter into such lease

20  agreements with private corporations and other governmental

21  entities. However, notwithstanding the provisions of s.

22  255.25(3)(a), no such lease agreement may be entered into

23  except upon advertisement for and receipt of competitive bids

24  and award to the lowest and best bidder.

25         (b)  Such a lease-purchase agreement which is for a

26  term extending beyond the end of a fiscal year shall be

27  subject to the provisions of s. 216.311.

28         (4)(a)  Notwithstanding s. 253.025 or s. 287.057,

29  whenever the department finds it to be necessary for timely

30  site acquisition, it may contract without the need for

31  competitive selection with one or more appraisers whose names

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  1  are contained on the list of approved appraisers maintained by

  2  the Division of State Lands of the Department of Environmental

  3  Protection in accordance with s. 253.025(6)(b). In those

  4  instances in which the department directly contracts for

  5  appraisal services, it must also contract with an approved

  6  appraiser who is not employed by the same appraisal firm for

  7  review services.

  8         (b)  Notwithstanding s. 253.025(6), the department may

  9  negotiate and enter into an option contract before an

10  appraisal is obtained. The option contract must state that the

11  final purchase price cannot exceed the maximum value allowed

12  by law. The consideration for such an option contract may not

13  exceed 10 percent of the estimate obtained by the department

14  or 10 percent of the value of the parcel, whichever amount is

15  greater.

16         (c)  This subsection does not apply to any purchase or

17  acquisition of state land except for a purchase or acquisition

18  made specifically for a prison correctional facilities. This

19  subsection does not mitigate in any manner the authority of

20  the Board of Trustees of the Internal Improvement Trust Fund

21  or the Division of State Lands to approve any contract for

22  purchase for state lands as provided by law or to require

23  policies and procedures to obtain clear legal title to parcels

24  purchased for state purposes.

25         (5)  The department may sell, to the best possible

26  advantage, any or all detached parcels of land belonging to

27  the bodies of land purchased for the state prisons

28  correctional institutions. The department is authorized to

29  purchase any contiguous parcels of land within the boundary

30  lines of the lands purchased for state prisons correctional

31  institutions.

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  1         (6)  The department is authorized to begin preliminary

  2  site preparation and obtain the appropriate permits with

  3  regard to the construction of state prisons correctional

  4  institutions after approval by the Board of Trustees of the

  5  Internal Improvement Trust Fund of the purchase agreement or

  6  option agreement if, in the department's discretion,

  7  commencing construction is in the best interests of the state.

  8         (7)  The department may enter into contracts with

  9  federal, state, or local governmental entities or subdivisions

10  to provide services and inmate labor for the construction of

11  buildings, parks, roads, any prisons detention or commitment

12  facilities, or any other project deemed to be appropriate by

13  the Department of Corrections, which includes site acquisition

14  or preparation, management, or construction of such projects.

15  The department may charge fees for providing such services.

16  All fees collected must be placed in the Correctional Work

17  Program Trust Fund.

18         Section 12.  Section 944.11, Florida Statutes, is

19  amended to read:

20         944.11  Department to regulate admission of books.--

21         (1)  The department shall regulate the admission of

22  educational and other reading matter within the state prisons

23  institutions for the use of the prisoners, and for the proper

24  observance of days of religious significance within the

25  prisons institutions and for the proper instruction of the

26  prisoners in their basic moral and religious duties.

27         (2)  The department may shall have the authority to

28  prohibit admission of reading materials or publications with

29  content that which depicts sexual conduct as defined by s.

30  847.001 or presents nudity in such a way as to create the

31  appearance that sexual conduct is imminent.  The department

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  1  may shall have the authority to prohibit admission of such

  2  materials at a particular state prison correctional facility

  3  upon a determination by the department that such material or

  4  publications would be detrimental to the safety, security,

  5  order, or rehabilitative interests of a particular state

  6  prison correctional facility or would create a risk of

  7  disorder at a particular state prison correctional facility.

  8         Section 13.  Section 944.115, Florida Statutes, is

  9  amended to read:

10         944.115  Smoking prohibited inside state prisons

11  correctional facilities.--

12         (1)  The purpose of this section is to protect the

13  health, comfort, and environment of employees of the

14  Department of Corrections, employees of privately operated

15  prisons correctional facilities, employees of the Correctional

16  Privatization Commission, and inmates by prohibiting inmates

17  from using tobacco products inside any office or building

18  within state prisons correctional facilities, and by ensuring

19  that employees and visitors do not use tobacco products inside

20  any office or building within state prisons correctional

21  facilities. Scientific evidence links the use of tobacco

22  products with numerous significant health risks. The use of

23  tobacco products by inmates, employees, or visitors is

24  contrary to efforts by the Department of Corrections to reduce

25  the cost of inmate health care and to limit unnecessary

26  litigation. The Department of Corrections and the private

27  vendors operating prisons correctional facilities shall make

28  smoking-cessation assistance available to inmates in order to

29  implement this section. The Department of Corrections and the

30  private vendors operating prisons correctional facilities

31  shall implement this section as soon as possible, and all

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  1  provisions of this section must be fully implemented by

  2  January 1, 2000.

  3         (2)  As used in this section, the term:

  4         (a)  "Department" means the Department of Corrections.

  5         (b)  "Employee" means an employee of the department or

  6  a private vendor in a contractual relationship with either the

  7  Department of Corrections or the Correctional Privatization

  8  Commission, and includes persons such as contractors,

  9  volunteers, or law enforcement officers who are within a state

10  prison correctional facility to perform a professional

11  service.

12         (c)  "State prison correctional facility" means a state

13  or privately operated prison correctional institution as

14  defined in s. 944.02, or a prison correctional institution or

15  facility operated under s. 944.105 or chapter 957.

16         (d)  "Tobacco products" means items such as cigars,

17  cigarettes, snuff, loose tobacco, or similar goods made with

18  any part of the tobacco plant, which are prepared or used for

19  smoking, chewing, dipping, sniffing, or other personal use.

20         (e)  "Visitor" means any person other than an inmate or

21  employee who is within a state prison correctional facility

22  for a lawful purpose and includes, but is not limited to,

23  persons who are authorized to visit state prisons correctional

24  institutions pursuant to s. 944.23 and persons authorized to

25  visit as prescribed by departmental rule or vendor policy.

26         (f)  "Prohibited areas" means any indoor areas of any

27  building, portable, or other enclosed structure within a state

28  prison correctional facility. The secretary of the department

29  may, by rule, designate other areas, including vehicles, as

30  "prohibited areas" to be regulated under this section. Neither

31  employee housing on the grounds of a state prison correctional

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  1  facility nor maximum security inmate housing areas may be

  2  designated as prohibited areas under this section.

  3         (3)(a)  An inmate within a state prison correctional

  4  facility may not use tobacco products in prohibited areas at

  5  any time while in the custody of the department or under the

  6  supervision of a private vendor operating a prison

  7  correctional facility.

  8         (b)1.  An employee or visitor may not use any tobacco

  9  products in prohibited areas.

10         2.  The warden or supervisor of a state prison

11  correctional facility shall take reasonable steps to ensure

12  that the tobacco prohibition for employees and visitors is

13  strictly enforced.

14         (4)  An inmate who violates this section commits a

15  disciplinary infraction and is subject to punishment

16  determined to be appropriate by the disciplinary authority in

17  the state prison correctional facility, including, but not

18  limited to, forfeiture of gain-time or the right to earn

19  gain-time in the future under s. 944.28.

20         (5)  The department may adopt rules and the private

21  vendors operating prison correctional facilities may adopt

22  policies and procedures for the implementation of this

23  section, the designation of prohibited areas and smoking

24  areas, and for the imposition of the following penalties:

25         (a)  Inmates who violate this section will be subject

26  to disciplinary action as provided by rule and in accordance

27  with this section.

28         (b)  Employees who violate this section will be subject

29  to disciplinary action as provided by rule.

30

31

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  1         (c)  Visitors who violate this section will be subject

  2  to removal of authorization to enter a prison correctional

  3  facility as provided by rule.

  4         Section 14.  Section 944.14, Florida Statutes, is

  5  amended to read:

  6         944.14  Supervision of prisons correctional

  7  institutions; enforcement of orders and regulations.--Subject

  8  to the orders, policies, and regulations established by the

  9  department, it shall be the duty of the wardens to supervise

10  the government, discipline, and policy of the state prisons

11  correctional institutions, and to enforce all orders, rules

12  and regulations.

13         Section 15.  Section 944.151, Florida Statutes, is

14  amended to read:

15         944.151  Security of prisons correctional institutions;

16  legislative intent; periodic physical inspection of

17  facilities; security audits; reports of security audits;

18  procedures in the event of escapes; annual budget request.--It

19  is the intent of the Legislature that the Department of

20  Corrections shall be responsible for the security of the

21  prisons correctional institutions and facilities. The security

22  of the state's prisons correctional institutions and

23  facilities is critical to ensure public safety and to contain

24  violent and chronic offenders until offenders are otherwise

25  released from the department's custody pursuant to law.  The

26  Secretary of Corrections shall, at a minimum:

27         (1)  Appoint a security review committee which shall,

28  at a minimum, be composed of:  the inspector general, the

29  statewide security coordinator, the regional security

30  coordinators, and three wardens and one correctional officer.

31  The security review committee shall:

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  1         (a)  Establish a periodic schedule for the physical

  2  inspection of buildings and structures of each state and

  3  private prison correctional institution to determine security

  4  deficiencies.  In scheduling the inspections, priority shall

  5  be given to older institutions, institutions that house a

  6  large proportion of violent offenders, and institutions that

  7  have experienced a significant number of escapes or escape

  8  attempts in the past.

  9         (b)  Conduct or cause to be conducted announced and

10  unannounced comprehensive security audits of all state and

11  private prisons correctional institutions.  In conducting the

12  security audits, priority shall be given to older

13  institutions, institutions that house a large proportion of

14  violent offenders, and institutions that have experienced a

15  history of escapes or escape attempts.  At a minimum, the

16  audit shall include an evaluation of the physical plant,

17  landscaping, fencing, security alarms and perimeter lighting,

18  and inmate classification and staffing policies.  Each prison

19  correctional institution shall be audited at least annually.

20  The secretary shall report the general survey findings

21  annually to the Governor and the Legislature.

22         (c)  Adopt and enforce minimum security standards and

23  policies that include, but are not limited to:

24         1.  Random monitoring of outgoing telephone calls by

25  inmates.

26         2.  Maintenance of current photographs of all inmates.

27         3.  Daily inmate counts at varied intervals.

28         4.  Use of canine units, where appropriate.

29         5.  Use of escape alarms and perimeter lighting.

30         6.  Florida Crime Information Center/National Crime

31  Information Center capabilities.

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  1         7.  Employment background investigations.

  2         (d)  Annually make written prioritized budget

  3  recommendations to the secretary that identify critical

  4  security deficiencies at major prisons correctional

  5  institutions.

  6         (e)  Investigate and evaluate the usefulness and

  7  dependability of existing security technology at the prisons

  8  institutions and new technology available and make periodic

  9  written recommendations to the secretary on the

10  discontinuation or purchase of various security devices.

11         (f)  Contract, if deemed necessary, with security

12  personnel, consulting engineers, architects, or other security

13  experts the committee deems necessary for security audits and

14  security consultant services.

15         (g)  Establish a periodic schedule for conducting

16  announced and unannounced escape simulation drills.

17         (2)  Maintain and produce quarterly reports with

18  accurate escape statistics.  For the purposes of these

19  reports, "escape" includes all possible types of escape,

20  regardless of prosecution by the state attorney, and including

21  offenders who walk away from nonsecure community facilities.

22         (3)  Adopt, enforce, and annually evaluate the

23  emergency escape response procedures, which shall at a minimum

24  include the immediate notification and inclusion of local and

25  state law enforcement through a mutual aid agreement.

26         (4)  Submit in the annual legislative budget request a

27  prioritized summary of critical repair and renovation security

28  needs.

29         Section 16.  Section 944.23, Florida Statutes, is

30  amended to read:

31

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  1         944.23  Persons authorized to visit state prisons.--The

  2  following persons shall be authorized to visit at their

  3  pleasure all state prisons correctional institutions:  The

  4  Governor, all Cabinet members, members of the Legislature,

  5  judges of state courts, state attorneys, public defenders, and

  6  authorized representatives of the commission.  No other person

  7  not otherwise authorized by law shall be permitted to enter a

  8  state prison correctional institution except under such

  9  regulations as the department may prescribe.  Permission shall

10  not be unreasonably withheld from those who give sufficient

11  evidence to the department that they are bona fide reporters

12  or writers.

13         Section 17.  Section 944.24, Florida Statutes, is

14  amended to read:

15         944.24  Administration of prisons correctional

16  institutions for women.--

17         (1)  This section may be cited as the "Corrections

18  Equality Act."

19         (2)  All regularly employed assistants, officers, and

20  employees whose duties bring them into contact with the

21  inmates of the prison institution shall be women as far as

22  practicable.

23         (3)  Women inmates shall have access to programs of

24  education, vocational training, rehabilitation, and substance

25  abuse treatment that are equivalent to those programs which

26  are provided for male inmates.  The department shall ensure

27  that women inmates are given opportunities for exercise,

28  recreation, and visitation privileges according to the same

29  standards as those privileges are provided for men. Women

30  inmates shall be given opportunities to participate in

31  work-release programs which are comparable to the

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  1  opportunities provided for male inmates and shall be eligible

  2  for early release according to the same standards and

  3  procedures under which male inmates are eligible for early

  4  release.

  5         (4)  The department shall continue to provide prenatal

  6  care and such medical treatment as determined by the Assistant

  7  Secretary for Health Services for an inmate who is pregnant.

  8         (5)  An inmate who is pregnant shall be provided with

  9  prenatal care and medical treatment for the duration of her

10  pregnancy.  The department shall ensure that a pregnant inmate

11  receives supplemental food and clothing and is excused from

12  inappropriate work assignments.  An inmate shall be

13  transferred to a hospital outside the prison grounds if a

14  condition develops which is beyond the scope and capabilities

15  of the prison's medical facilities.

16         (6)  Any woman inmate who gives birth to a child during

17  her term of imprisonment may be temporarily taken to a

18  hospital outside the prison for the purpose of childbirth, and

19  the charge for hospital and medical care shall be charged

20  against the funds allocated to the prison institution.  The

21  department shall provide for the care of any child so born and

22  shall pay for the child's care until the child is suitably

23  placed outside the prison system.

24         Section 18.  Section 944.31, Florida Statutes, is

25  amended to read:

26         944.31  Inspector general; inspectors; power and

27  duties.--The inspector general shall be responsible for prison

28  inspection and investigation, internal affairs investigations,

29  and management reviews. The office of the inspector general

30  shall be charged with the duty of inspecting the penal and

31  correctional systems of the state. The office of the inspector

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  1  general shall inspect each prison correctional institution or

  2  any place in which state prisoners are housed, worked, or kept

  3  within the state, with reference to its physical conditions,

  4  cleanliness, sanitation, safety, and comfort; the quality and

  5  supply of all bedding; the quality, quantity, and diversity of

  6  food served and the manner in which it is served; the number

  7  and condition of the prisoners confined therein; and the

  8  general conditions of each institution. The office of

  9  inspector general shall see that all the rules and regulations

10  issued by the department are strictly observed and followed by

11  all persons connected with the correctional systems of the

12  state.  The office of the inspector general shall coordinate

13  and supervise the work of inspectors throughout the state. The

14  inspector general and inspectors may enter any place where

15  prisoners in this state are kept and shall be immediately

16  admitted to such place as they desire and may consult and

17  confer with any prisoner privately and without molestation.

18  The inspector general and inspectors shall be responsible for

19  criminal and administrative investigation of matters relating

20  to the Department of Corrections. In such investigations, the

21  inspector general and inspectors may consult and confer with

22  any prisoner or staff member privately and without molestation

23  and shall have the authority to detain any person for

24  violations of the criminal laws of the state. Such detention

25  shall be made only on properties owned or leased by the

26  department, and the detained person shall be surrendered

27  without delay to the sheriff of the county in which the

28  detention is made, with a formal complaint subsequently made

29  against her or him in accordance with law.

30         Section 19.  Section 944.32, Florida Statutes, is

31  amended to read:

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  1         944.32  Reports of prison inspectors; recordation;

  2  inspection.--Upon completing an inspection of a prison,

  3  correctional institution the inspector shall make a full and

  4  complete report on such forms as shall be provided by the

  5  department.  One copy of each report must shall be filed with

  6  the department, one copy must shall be sent to the officer in

  7  charge of the prison correctional institution, and as many

  8  other copies must be provided as the department requires.

  9  shall require; These reports shall be matters of public record

10  and subject to inspection by the public at any time.

11         Section 20.  Section 944.39, Florida Statutes, is

12  amended to read:

13         944.39  Interference with prisoners; penalty.--Any

14  person who, without authority, interferes with or in any way

15  interrupts the work of any prisoner under the custody of the

16  department or who in any way interferes with the discipline or

17  good conduct of any prisoner shall be guilty of a misdemeanor

18  of the second degree, punishable as provided in s. 775.082 or

19  s. 775.083.  No person shall, by disguise, misrepresentation

20  of identity or other illicit means, attempt to gain admission

21  to or enter upon the grounds of any state prison correctional

22  institution for the purpose of visiting any prisoner in

23  violation of the general visiting policy adopted by the

24  department. A person, upon conviction of an offense as

25  outlined in this section, shall be guilty of a misdemeanor of

26  the second degree, punishable as provided in s. 775.082 or s.

27  775.083.  Any peace officer or any correctional officer of the

28  department or any prison inspector or any employee of the

29  department may arrest without warrant any person violating the

30  provisions of this section.

31

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  1         Section 21.  Section 944.402, Florida Statutes, is

  2  amended to read:

  3         944.402  Reward for capture of escapee from prison

  4  correctional institution.--The warden of a state prison

  5  correctional institution may pay a reward in an amount not

  6  greater than $100 from institutional funds to each person who

  7  is directly responsible for the capture of an inmate who has

  8  escaped from the institution. The warden of the institution

  9  from which the inmate escaped shall determine the amount of

10  the reward. Employees of state, county, and municipal law

11  enforcement or correctional agencies who are engaged in the

12  apprehension, detection, or detention of prisoners are not

13  eligible to receive such rewards.

14         Section 22.  Section 944.44, Florida Statutes, is

15  amended to read:

16         944.44  Holding persons as hostages; penalty.--Any

17  prisoner who holds as hostage any person within any prison

18  correctional institution or anywhere while under the

19  jurisdiction of the department, or who by force, or threat of

20  force holds any person or persons against their will in

21  defiance of official orders, commits shall be guilty of a

22  felony of the second degree, punishable as provided in s.

23  775.082, s.  775.083, or s. 775.084.

24         Section 23.  Section 944.45, Florida Statutes, is

25  amended to read:

26         944.45  Mutiny, riot, strike; penalty.--Whoever

27  instigates, contrives, willfully attempts to cause, assists,

28  or conspires to cause any mutiny, riot, or strike in defiance

29  of official orders, in any state prison, commits correctional

30  institution, shall be guilty of a felony of the second degree,

31

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  1  punishable as provided in s. 775.082, s. 775.083, or s.

  2  775.084.

  3         Section 24.  Section 944.46, Florida Statutes, is

  4  amended to read:

  5         944.46  Harboring, concealing, aiding escaped

  6  prisoners; penalty.--Whoever harbors, conceals, maintains, or

  7  assists, or gives any other aid to any prisoner after his or

  8  her escape from any state prison correctional institution,

  9  knowing that he or she is an escaped prisoner, commits shall

10  be guilty of a felony of the third degree, punishable as

11  provided in s.  775.082, s. 775.083, or s. 775.084.

12         Section 25.  Section 944.47, Florida Statutes, is

13  amended to read:

14         944.47  Introduction, removal, or possession of certain

15  articles unlawful; penalty.--

16         (1)(a)  Except through regular channels as authorized

17  by the officer in charge of the prison correctional

18  institution, it is unlawful to introduce into or upon the

19  grounds of any state prison correctional institution, or to

20  take or attempt to take or send or attempt to send therefrom,

21  any of the following articles, which are hereby declared to be

22  contraband for the purposes of this section, to wit:

23         1.  Any written or recorded communication or any

24  currency or coin given or transmitted, or intended to be given

25  or transmitted, to any inmate of any state prison correctional

26  institution.

27         2.  Any article of food or clothing given or

28  transmitted, or intended to be given or transmitted, to any

29  inmate of any state prison correctional institution.

30         3.  Any intoxicating beverage or beverage that which

31  causes or may cause an intoxicating effect.

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  1         4.  Any controlled substance as defined in s. 893.02(4)

  2  or any prescription or nonprescription drug having a hypnotic,

  3  stimulating, or depressing effect.

  4         5.  Any firearm or weapon of any kind or any explosive

  5  substance.

  6         (b)  It is unlawful to transmit or attempt to transmit

  7  to, or cause or attempt to cause to be transmitted to or

  8  received by, any inmate of any state prison correctional

  9  institution any article or thing declared by this subsection

10  to be contraband, at any place that which is outside the

11  grounds of the prison such institution, except through regular

12  channels as authorized by the officer in charge of the prison

13  such correctional institution.

14         (c)  It is unlawful for any inmate of any state prison

15  correctional institution or any person while upon the grounds

16  of any state prison correctional institution to be in actual

17  or constructive possession of any article or thing declared by

18  this section to be contraband, except as authorized by the

19  officer in charge of the prison such correctional institution.

20         (2)  A person who violates any provision of this

21  section as it pertains to an article of contraband described

22  in subparagraph (1)(a)1. or subparagraph (1)(a)2., commits is

23  guilty of a felony of the third degree, punishable as provided

24  in s. 775.082, s. 775.083, or s. 775.084.  In all other cases,

25  a violation of a provision of this section constitutes a

26  felony of the second degree, punishable as provided in s.

27  775.082, s. 775.083, or s. 775.084.

28         Section 26.  Section 944.611, Florida Statutes, is

29  amended to read:

30         944.611  Legislative intent.--The Legislature finds and

31  declares that:

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  1         (1)  It is desirable that each inmate be confined in

  2  and released from a prison an institution or facility as close

  3  to the inmate's permanent residence or county of commitment as

  4  possible, in order to lessen the transportation expense to the

  5  public.

  6         (2)  It is the intent of the Legislature that:

  7         (a)  To the extent possible, an inmate be returned,

  8  upon release, to the same area from which the inmate was

  9  committed.

10         (b)  An inmate being released from a community

11  work-release center program is not eligible for the provision

12  of transportation.

13         (c)  Transportation provided for an eligible inmate

14  upon release shall be to one of the following points:

15         1.  The county where parole placement has been approved

16  and supervision is to commence.

17         2.  Another state.

18         3.  The county of employment within the state.

19         4.  The county of legal residence within the state.

20         5.  The county of original commitment within the state.

21         (d)  Each releasee who is eligible for the provision of

22  transportation shall be escorted to the site of embarkation by

23  an officer of the prison correctional facility, who shall

24  remain until the releasee has departed.

25         Section 27.  Subsection (2) of section 944.613, Florida

26  Statutes, is amended to read:

27         944.613  Methods of transportation.--

28         (2)  FLORIDA RELEASEE.--In instances when a releasee

29  remains in this state but leaves the county where the prison

30  correctional institution or facility of her or his confinement

31  is located, transportation shall be provided by common carrier

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  1  using the most economical means. Transportation as authorized

  2  herein shall be furnished by nonnegotiable travel voucher

  3  payable to the common carrier being utilized, and in no event

  4  shall there be any cash disbursement to the releasee or any

  5  person, firm, or corporation. Such travel voucher is to be

  6  utilized immediately by the releasee. The source of any

  7  private transportation must be a family member or friend whose

  8  purpose is to immediately transport the releasee to the

  9  approved location pursuant to section 1.

10         Section 28.  Subsection (1), paragraphs (c), (d), and

11  (i) of subsection (3), and subsection (5) of section 944.801,

12  Florida Statutes, are amended to read:

13         944.801  Education for state prisoners.--

14         (1)  There is hereby established under the Department

15  of Corrections a Correctional Education Program which shall be

16  composed of the educational facilities and services of all

17  prisons institutions and facilities housing inmates operated

18  by the Department of Corrections and shall be supervised by

19  the Department of Corrections.

20         (3)  The responsibilities of the Correctional Education

21  Program shall be to:

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

23  pursuant to s. 229.8075, develop complete and reliable

24  statistics on the educational histories, the city/intracity

25  area and school district where the inmate was domiciled prior

26  to incarceration, the participation in state educational and

27  training programs, and the occupations of inmates confined to

28  state prisons correctional facilities.  The compiled

29  statistics shall be summarized and analyzed in the annual

30  report of correctional educational activities required by

31  paragraph (f).

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  1         (d)  Approve educational programs of the appropriate

  2  levels and types in the prisons correctional institutions and

  3  develop procedures for the admission of inmate students

  4  thereto.

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

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

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

  8  functional literacy skills as defined in s. 239.105 attends

  9  not fewer than 150 hours of sequential instruction in a

10  correctional adult basic education program.  The basic and

11  functional literacy level of an inmate shall be determined by

12  the average composite test score obtained on a test approved

13  for this purpose by the State Board of Education.

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

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

16  functional literacy is not attained, the department is

17  authorized to require the inmate to remain in the

18  instructional program.

19         2.  Highest priority of inmate participation shall be

20  focused on youthful offenders and those inmates nearing

21  release from the correctional system.

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

23  of adult basic education instruction unless such inmate:

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

25  death.

26         b.  Is specifically exempted for security or health

27  reasons.

28         c.  Is housed at a work-release community correctional

29  center, road prison, work camp, or vocational center.

30

31

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  1         d.  Attains a functional literacy level after

  2  attendance in fewer than 150 hours of adult basic education

  3  instruction.

  4         e.  Is unable to enter such instruction because of

  5  insufficient facilities, staff, or classroom capacity.

  6         4.  The Department of Corrections shall provide classes

  7  to accommodate those inmates assigned to correctional or

  8  public work programs after normal working hours. The

  9  department shall develop a plan to provide academic and

10  vocational classes on a more frequent basis and at times that

11  accommodate the increasing number of inmates with work

12  assignments, to the extent that resources permit.

13         5.  If an inmate attends and actively participates in

14  the 150 hours of instruction, the Department of Corrections

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

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

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

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

19  completes assigned work.

20         (5)  Notwithstanding s. 120.81(3), all inmates under 22

21  years of age who qualify for special educational services and

22  programs pursuant to the Individuals with Disabilities

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

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

25  to such hearing before the Division of Administrative

26  Hearings.  Administrative law judges shall not be required to

27  travel to state or private prisons correctional institutions

28  and facilities in order to conduct these hearings.

29         Section 29.  Section 944.803, Florida Statutes, is

30  amended to read:

31         944.803  Faith-based programs for inmates.--

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  1         (1)  The Legislature finds and declares that

  2  faith-based programs offered in state and private prisons

  3  correctional institutions and facilities have the potential to

  4  facilitate inmate institutional adjustment, help inmates

  5  assume personal responsibility, and reduce recidivism.

  6         (2)  It is the intent of the Legislature that the

  7  Department of Corrections and the private vendors operating

  8  prisons private correctional facilities shall continuously:

  9         (a)  Measure recidivism rates for inmates who have

10  participated in religious programs;

11         (b)  Increase the number of volunteers who minister to

12  inmates from various faith-based institutions in the

13  community;

14         (c)  Develop community linkages with churches,

15  synagogues, mosques, and other faith-based institutions to

16  assist inmates in their release back into the community; and

17         (d)  Fund through the use of inmate welfare trust funds

18  pursuant to s. 945.215 an adequate number of chaplains and

19  support staff to operate faith-based programs in correctional

20  institutions.

21         Section 30.  Subsections (1) and (2) of section

22  944.8031, Florida Statutes, are amended to read:

23         944.8031  Inmate's family visitation; legislative

24  intent; minimum services provided to visitors; budget

25  requests.--

26         (1)  The Legislature finds that maintaining an inmate's

27  family and community relationships through enhancing visitor

28  services and programs and increasing the frequency and quality

29  of the visits is an underutilized correctional resource that

30  can improve an inmate's behavior in prison the correctional

31

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  1  facility and, upon an inmate's release from a prison

  2  correctional facility, will help to reduce recidivism.

  3         (2)  The department shall provide, at a minimum, the

  4  following services at designated visiting areas for approved

  5  visitors in state prisons correctional facilities:

  6         (a)  Information relating to applicable visiting

  7  regulations, dress codes, and visiting procedures.

  8         (b)  A sheltered area, outside the security perimeter,

  9  for visitors waiting before and after visiting inmates.

10         (c)  Food services with food choices which are

11  nutritious and acceptable for children and youth visitors.

12         (d)  Minimal equipment and supplies which assist staff

13  and visitors in managing and occupying the time and meeting

14  the needs of children and youth visitors.

15         Section 31.  Subsections (1) and (3) of section

16  945.025, Florida Statutes, are amended to read:

17         945.025  Jurisdiction of department.--

18         (1)  The Department of Corrections shall have

19  supervisory and protective care, custody, and control of the

20  inmates, buildings, grounds, property, and all other matters

21  pertaining to the following facilities and programs for the

22  imprisonment, correction, and rehabilitation of adult

23  offenders:

24         (a)  Department of Corrections adult prisons

25  correctional institutions;

26         (b)  Department of Corrections youthful offender

27  institutions;

28         (c)  Department of Corrections Mental Health Treatment

29  Facility;

30         (d)  Department of Corrections Probation and

31  Restitution Center;

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  1         (e)  Department of Corrections work-release community

  2  correctional centers; and

  3         (f)  Department of Corrections vocational centers.

  4         (3)  There shall be other correctional facilities,

  5  including detention facilities of varying levels of security,

  6  work-release centers facilities, and community correctional

  7  facilities, halfway houses, and other approved community

  8  residential and nonresidential facilities and programs.;

  9  However, an no adult prison correctional facility may not be

10  established by changing the use and purpose of any mental

11  health facility or mental health institution under the

12  jurisdiction of any state agency or department without

13  authorization in the General Appropriations Appropriation Act

14  or other approval by the Legislature.  Any facility the

15  purpose and use of which was changed subsequent to January 1,

16  1975, shall be returned to its original use and purpose by

17  July 1, 1977.  However, the G. Pierce Wood Memorial Hospital

18  located at Arcadia, DeSoto County, may not be converted into a

19  prison correctional facility as long as such hospital is in

20  use as a state mental health hospital.  Any community

21  residential facility may be deemed a part of the state

22  correctional system for purposes of maintaining custody of

23  offenders, and for this purpose the department may contract

24  for and purchase the services of such facilities.

25         Section 32.  Paragraph (c) of subsection (1) of section

26  945.0311, Florida Statutes, is amended to read:

27         945.0311  Employment of relatives.--

28         (1)  For the purposes of this section, the term:

29         (c)  "Organizational unit" includes:

30         1.  A unit of a state prison correctional institution

31  such as security, medical, dental, classification,

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  1  maintenance, personnel, or business.  A work camp, boot camp,

  2  or other annex of a state prison correctional institution is

  3  considered part of the institution and not a separate unit.

  4         2.  An area of a regional office such as personnel,

  5  medical, administrative services, probation and parole, or

  6  community facilities.

  7         3.  A correctional work center, road prison, or

  8  work-release work release center.

  9         4.  A probation and parole circuit office or a

10  suboffice within a circuit.

11         5.  A bureau of the Office of the Secretary or of any

12  of the assistant secretaries.

13         Section 33.  Paragraphs (a) and (b) of subsection (1)

14  of section 945.091, Florida Statutes, are amended to read:

15         945.091  Extension of the limits of confinement;

16  restitution by employed inmates.--

17         (1)  The department is authorized to adopt regulations

18  permitting the extension of the limits of the place of

19  confinement of an inmate as to whom there is reasonable cause

20  to believe that the inmate will honor his or her trust by

21  authorizing the inmate, under prescribed conditions and

22  following investigation and approval by the secretary, or the

23  secretary's designee, who shall maintain a written record of

24  such action, to leave the confines of that place unaccompanied

25  by a custodial agent for a prescribed period of time to:

26         (a)  Visit, for a specified period, a specifically

27  designated place or places:

28         1.  For the purpose of visiting a dying relative,

29  attending the funeral of a relative, or arranging for

30  employment or for a suitable residence for use when released;

31

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  1         2.  To otherwise aid in the rehabilitation of the

  2  inmate; or

  3         3.  For another compelling reason consistent with the

  4  public interest,

  5

  6  and return to the same or another prison institution or

  7  facility designated by the Department of Corrections.

  8         (b)  Work at paid employment, participate in an

  9  education or a training program, or voluntarily serve a public

10  or nonprofit agency in the community, while continuing as an

11  inmate of the prison institution or facility in which the

12  inmate is confined, except during the hours of his or her

13  employment, education, training, or service and traveling

14  thereto and therefrom.  An inmate may participate in paid

15  employment only during the last 36 months of his or her

16  confinement, unless sooner requested by the Parole Commission

17  or the Control Release Authority.

18         Section 34.  Paragraphs (a), (b), and (e) of subsection

19  (1) and paragraph (b) of subsection (3) of section 945.215,

20  Florida Statutes, are amended to read:

21         945.215  Inmate welfare and employee benefit trust

22  funds.--

23         (1)  INMATE WELFARE TRUST FUND; DEPARTMENT OF

24  CORRECTIONS.--

25         (a)  The Inmate Welfare Trust Fund constitutes a trust

26  held by the department for the benefit and welfare of inmates

27  incarcerated in prisons correctional facilities operated

28  directly by the department and for visitation and family

29  programs and services in such prisons correctional facilities.

30  Funds shall be credited to the trust fund as follows:

31

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  1         1.  All funds held in any auxiliary, canteen, welfare,

  2  or similar fund in any prison correctional facility operated

  3  directly by the department.

  4         2.  All net proceeds from operating inmate canteens,

  5  vending machines used primarily by inmates and visitors, hobby

  6  shops, and other such facilities; however, funds necessary to

  7  purchase items for resale at inmate canteens and vending

  8  machines must be deposited into local bank accounts designated

  9  by the department.

10         3.  All proceeds from contracted telephone commissions.

11  The department shall develop and update, as necessary,

12  administrative procedures to verify that:

13         a.  Contracted telephone companies accurately record

14  and report all telephone calls made by inmates incarcerated in

15  prisons correctional facilities under the department's

16  jurisdiction;

17         b.  Persons who accept collect calls from inmates are

18  charged the contracted rate; and

19         c.  The department receives the contracted telephone

20  commissions.

21         4.  Any funds that may be assigned by inmates or

22  donated to the department by the general public or an inmate

23  service organization; however, the department shall not accept

24  any donation from, or on behalf of, any individual inmate.

25         5.  All proceeds from:

26         a.  The confiscation and liquidation of any contraband

27  found upon, or in the possession of, any inmate;

28         b.  Disciplinary fines imposed against inmates;

29         c.  Forfeitures of inmate earnings; and

30         d.  Unexpended balances in individual inmate trust fund

31  accounts of less than $1.

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  1         6.  All interest earnings and other proceeds derived

  2  from investments of funds deposited in the trust fund. In the

  3  manner authorized by law for fiduciaries, the secretary of the

  4  department, or the secretary's designee, may invest any funds

  5  in the trust fund when it is determined that such funds are

  6  not needed for immediate use.

  7         (b)  Funds in the Inmate Welfare Trust Fund must be

  8  used exclusively for the following purposes at prisons

  9  correctional facilities operated directly by the department:

10         1.  To operate inmate canteens and vending machines,

11  including purchasing items for resale at inmate canteens and

12  vending machines; employing personnel and inmates to manage,

13  supervise, and operate inmate canteens and vending machines;

14  and covering other operating and fixed capital outlay expenses

15  associated with operating inmate canteens and vending

16  machines;

17         2.  To employ personnel to manage and supervise the

18  proceeds from telephone commissions;

19         3.  To develop, implement, and maintain the medical

20  copayment accounting system;

21         4.  To provide literacy programs, vocational training

22  programs, and educational programs that comply with standards

23  of the Department of Education, including employing personnel

24  and covering other operating and fixed capital outlay expenses

25  associated with providing such programs;

26         5.  To operate inmate chapels, faith-based programs,

27  visiting pavilions, visiting services and programs, family

28  services and programs, libraries, and law libraries, including

29  employing personnel and covering other operating and fixed

30  capital outlay expenses associated with operating inmate

31  chapels, faith-based programs, visiting pavilions, visiting

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  1  services and programs, family services and programs,

  2  libraries, and law libraries;

  3         6.  To provide for expenses associated with various

  4  inmate clubs;

  5         7.  To provide for expenses associated with legal

  6  services for inmates;

  7         8.  To provide inmate substance abuse treatment

  8  programs and transition and life skills training programs,

  9  including employing personnel and covering other operating and

10  fixed capital outlay expenses associated with providing such

11  programs.

12         (e)  Items for resale at inmate canteens and vending

13  machines maintained at prisons the correctional facilities

14  shall be priced comparatively with like items for retail sale

15  at fair market prices.

16         (3)  EMPLOYEE BENEFIT TRUST FUND; DEPARTMENT OF

17  CORRECTIONS.--

18         (b)  Funds from the Employee Benefit Trust Fund may be

19  used to construct, operate, and maintain training and

20  recreation facilities at prisons correctional facilities for

21  the exclusive use of department employees. Such facilities are

22  the property of the department and must provide the maximum

23  benefit to all interested employees, regardless of gender.

24         Section 35.  Subsection (1) of section 945.21501,

25  Florida Statutes, is amended to read:

26         945.21501  Employee Benefit Trust Fund.--

27         (1)  There is hereby created in the Department of

28  Corrections the Employee Benefit Trust Fund. The purpose of

29  the trust fund shall be to construct, operate, and maintain

30  training and recreation facilities at prisons correctional

31  facilities for the exclusive use of department employees.

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  1  Moneys shall be deposited in the trust fund as provided in s.

  2  945.215.

  3         Section 36.  Subsection (1) of section 945.21502,

  4  Florida Statutes, is amended to read:

  5         945.21502  Inmate Welfare Trust Fund.--

  6         (1)  There is hereby created in the Department of

  7  Corrections the Inmate Welfare Trust Fund. The purpose of the

  8  trust fund shall be the benefit and welfare of inmates

  9  incarcerated in prisons correctional facilities operated by

10  the department. Moneys shall be deposited in the trust fund

11  and expenditures made from the trust fund as provided in s.

12  945.215.

13         Section 37.  Subsection (1) of section 945.27, Florida

14  Statutes, is amended to read:

15         945.27  Proceedings by department.--

16         (1)  Whenever it becomes necessary to increase the

17  number of prison beds by acquiring private property for the

18  construction of new prisons correctional facilities or for the

19  expansion of existing prisons facilities, and the property

20  cannot be acquired by agreement satisfactory to the Department

21  of Corrections and the parties interested in, or the owners

22  of, the private property, the department may is hereby

23  empowered and authorized to exercise the right of eminent

24  domain and to proceed to condemn the property in the same

25  manner as provided by law for the condemnation of property.

26         Section 38.  Subsection (2) of section 945.35, Florida

27  Statutes, is amended to read:

28         945.35  Requirement for education on human

29  immunodeficiency virus and acquired immune deficiency

30  syndrome.--

31

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  1         (2)  The Department of Corrections, in conjunction with

  2  the Department of Health, shall establish a mandatory

  3  education program on human immunodeficiency virus and acquired

  4  immune deficiency syndrome with an emphasis on appropriate

  5  behavior and attitude change to be offered on an annual basis

  6  to all staff in prisons correctional facilities, including new

  7  staff.

  8         Section 39.  Subsections (2), (3), (4), and (5) of

  9  section 945.6031, Florida Statutes, are amended to read:

10         945.6031  Required reports and surveys.--

11         (2)  The authority shall conduct surveys of the

12  physical and mental health care system at each prison

13  correctional institution at least triennially and shall report

14  the survey findings for each institution to the Secretary of

15  Corrections.

16         (3)  Deficiencies found by the authority to be

17  life-threatening or otherwise serious shall be immediately

18  reported to the Secretary of Corrections.  The Department of

19  Corrections shall take immediate action to correct

20  life-threatening or otherwise serious deficiencies identified

21  by the authority and within 3 calendar days file a written

22  corrective action plan with the authority indicating the

23  actions that will be taken to address the deficiencies.

24  Within 60 calendar days following a survey, the authority

25  shall submit a report to the Secretary of Corrections

26  indicating deficiencies found at the prison institution.

27         (4)  Within 30 calendar days after the receipt of a

28  survey report from the authority, the Department of

29  Corrections shall file a written corrective action plan with

30  the authority, indicating the actions which will be taken to

31  address deficiencies determined by the authority to exist at a

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  1  prison an institution.  Each plan shall set forth an estimate

  2  of the time and resources needed to correct identified

  3  deficiencies.

  4         (5)  The authority shall monitor the Department of

  5  Corrections' implementation of corrective actions which have

  6  been taken at each prison institution to address deficiencies

  7  related to the Department of Corrections' provision of

  8  physical and mental health care services found to exist by the

  9  authority.

10         Section 40.  Paragraph (c) of subsection (3) of section

11  945.6037, Florida Statutes, is amended to read:

12         945.6037  Nonemergency health care; inmate

13  copayments.--

14         (3)

15         (c)  The expenses and operating capital outlay required

16  to develop, implement, and maintain the medical copayment

17  accounting system must be appropriated from the Inmate Welfare

18  Trust Fund. The fiscal assistants and accountants at prisons

19  the correctional facilities funded from the Inmate Welfare

20  Trust Fund are, in addition to their duties relating to the

21  inmate canteen and bank, responsible for managing the medical

22  copayment system.

23         Section 41.  Subsection (1) of section 945.72, Florida

24  Statutes, is amended to read:

25         945.72  Eligibility and screening of inmates.--

26         (1)  The provisions of ss. 945.71-945.74 apply to all

27  eligible inmates in state prisons correctional institutions.

28         Section 42.  Section 945.75, Florida Statutes, is

29  amended to read:

30         945.75  Tours of state correctional facilities for

31  juveniles.--The Department of Corrections shall develop a

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  1  program under which a judge may order that juveniles who have

  2  committed delinquent acts shall be allowed to tour state

  3  prisons correctional facilities under the terms and conditions

  4  established by the department. Each county shall develop a

  5  comparable program to allow juveniles to tour county jails

  6  pursuant to a court order.

  7         Section 43.  Paragraph (a) of subsection (2) of section

  8  946.002, Florida Statutes, is amended to read:

  9         946.002  Requirement of labor; compensation; amount;

10  crediting of account of prisoner; forfeiture; civil rights;

11  prisoner not employee or entitled to compensation insurance

12  benefits.--

13         (2)(a)  Each prisoner who is engaged in productive work

14  in any state prison correctional institution, program, or

15  facility under the jurisdiction of the department may receive

16  for work performed such compensation as the department shall

17  determine.  Such compensation shall be in accordance with a

18  schedule based on quality and quantity of work performed and

19  skill required for performance, and said compensation shall be

20  credited to the account of the prisoner or the prisoner's

21  family.

22         Section 44.  Section 946.205, Florida Statutes, is

23  amended to read:

24         946.205  Institutional work.--The department may cause

25  to be cultivated by the inmates of the adult prisons

26  correctional institutions that are under the control and

27  supervision of the department such food items as are grown on

28  farms or in gardens generally, and as are needed and used in

29  the state institutions. The department may sell any surplus

30  food items to the corporation authorized under part II of this

31  chapter. Any proceeds received from such sales by the

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  1  department shall be deposited into the Correctional Work

  2  Program Trust Fund. The department may also use the services

  3  of inmates of the adult prisons who correctional institutions

  4  that are under the control and supervision of the department

  5  to perform such work as is needed and used within the state

  6  institutions.

  7         Section 45.  Section 946.25, Florida Statutes, is

  8  amended to read:

  9         946.25  Sale of hobbycrafts by prisoners.--When, in the

10  planning of the rehabilitation program of the Department of

11  Corrections through its recreational facilities, plans are

12  made for prisoners to engage in hobbies and hobbycrafts after

13  their normal working hours and when they are not required by

14  the warden of a state prison or correctional institution to be

15  on their assigned duties, they may make items of a hobby or

16  hobbycraft nature which may be disposed of by the prisoner

17  through the institutional canteen or commissary to persons

18  visiting the institution.

19         Section 46.  Subsection (1) of section 946.40, Florida

20  Statutes, is amended to read:

21         946.40  Use of prisoners in public works.--

22         (1)  The Department of Corrections shall, subject to

23  the availability of funds appropriated for that purpose, and,

24  in the absence of such funds, may, enter into agreements with

25  such political subdivisions in the state, as defined by s.

26  1.01(8), including municipalities; with such agencies and

27  institutions of the state; and with such nonprofit

28  corporations as might use the services of inmates of prisons

29  correctional institutions and camps when it is determined by

30  the department that such services will not be detrimental to

31  the welfare of such inmates or the interests of the state in a

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  1  program of rehabilitation.  An agreement for use of fewer than

  2  15 minimum custody inmates and medium custody inmates may

  3  provide that supervision will be either by the department or

  4  by the political subdivision, institution, nonprofit

  5  corporation, or agency using the inmates.  The department is

  6  authorized to adopt rules governing work and supervision of

  7  inmates used in public works projects, which rules shall

  8  include, but shall not be limited to, the proper screening and

  9  supervision of such inmates.  Inmates may be used for these

10  purposes without being accompanied by a correctional officer,

11  provided the political subdivision, municipality, or agency of

12  the state or the nonprofit corporation provides proper

13  supervision pursuant to the rules of the Department of

14  Corrections.

15         Section 47.  Subsections (4) and (8) of section

16  946.504, Florida Statutes, are amended to read:

17         946.504  Organization of corporation to operate

18  correctional work programs; lease of facilities.--

19         (4)  If the department leases a single correctional

20  work program at any prison correctional institution to the

21  corporation, the corporation shall lease all such correctional

22  work programs at that prison institution.

23         (8)  Notwithstanding any provision to the contrary, the

24  corporation may is authorized to use tax-exempt financing

25  through the issuance of tax-exempt bonds, certificates of

26  participation, lease-purchase agreements, or other tax-exempt

27  financing methods for the purpose of constructing facilities

28  or making capital improvements for correctional work programs

29  and prison industry enhancement programs on state-owned land

30  within state prisons correctional institutions. Such

31  tax-exempt financing may be funded by the General

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  1  Appropriations Act. If the corporation obtains tax-exempt

  2  financing, the state retains a secured interest by holding a

  3  lien against any structure or improvement for which tax-exempt

  4  financing or state funds are used. The corporation shall

  5  include a provision in its financing contract requiring that a

  6  lien be filed by the Department of Corrections, on behalf of

  7  the state, in order to procure the issuance of tax-exempt

  8  bonds or certificates of participation; to enter into

  9  lease-purchase agreements; or to obtain any other tax-exempt

10  financing methods for the construction or renovation of

11  facilities related to correctional work programs or prison

12  industry enhancement programs. The lien shall be against the

13  property where any facility or structure is located which has

14  been constructed or substantially renovated, in whole or in

15  part, through the use of state funds. However, there is no

16  requirement for the Department of Corrections to file a lien

17  if the amount of state funds does not exceed $25,000 or 10

18  percent of the contract amount, whichever is less. The lien

19  must be recorded, upon the execution of the contract

20  authorizing such construction or renovation, in the county

21  where the property is located. The lien must specify that the

22  Department of Corrections has a financial interest in the

23  property equal to the pro rata portion of the state's original

24  investment of the then-fair-market value of the construction.

25  The lien must also specify that the Department of Corrections'

26  financial interest is proportionately reduced and subsequently

27  vacated over a 20-year period of depreciation. The contract

28  must include a provision that as a condition of receipt of

29  state funding for this purpose, the corporation agrees that,

30  if it disposes of the property before the state's interest is

31  vacated, the corporation will refund the proportionate share

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  1  of the state's initial investment, as adjusted by

  2  depreciation.

  3         Section 48.  Section 946.513, Florida Statutes, is

  4  amended to read:

  5         946.513  Private employment of inmates; disposition of

  6  compensation received.--

  7         (1)  Notwithstanding the provisions of any other law,

  8  an inmate may be employed by the corporation or by any other

  9  private entity operating on the grounds of a prison

10  correctional institution prior to the last 24 months of the

11  inmate's confinement. Compensation received for such

12  employment shall be credited by the department to an account

13  for the inmate and shall be used to make any court-ordered

14  payments, including restitution to the victim. The department

15  rules shall provide that a portion of such compensation be

16  credited by the department in the manner provided in s.

17  946.512.

18         (2)  No inmate is eligible for unemployment

19  compensation, whether employed by the corporation or by any

20  other private enterprise operating on the grounds of a prison

21  correctional institution or elsewhere, when such employment is

22  part of a correctional work program or work-release program of

23  either the corporation or the department.

24         Section 49.  Paragraph (d) of subsection (2) of section

25  413.051, Florida Statutes, is amended to read:

26         413.051  Eligible blind persons; operation of vending

27  stands.--

28         (2)  As used in this section:

29         (d)  "State property" means any building or land owned,

30  leased, or otherwise controlled by the state, but does not

31  include any building or land under the control of the Board of

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  1  Regents, a community college district board of trustees, or

  2  any state prison correctional institution as defined in s.

  3  944.02.

  4         Section 50.  Paragraphs (a), (c), and (d) of subsection

  5  (2) of section 414.40, Florida Statutes, are amended to read:

  6         414.40  Stop Inmate Fraud Program established;

  7  guidelines.--

  8         (2)  The Department of Law Enforcement is directed to

  9  implement the Stop Inmate Fraud Program in accordance with the

10  following guidelines:

11         (a)  The program shall establish procedures for sharing

12  public records not exempt from the public records law among

13  social services agencies regarding the identities of persons

14  incarcerated in state prisons correctional institutions, as

15  defined in s. 944.02, or in county, municipal, or regional

16  jails or other detention facilities of local governments under

17  chapter 950 or chapter 951 who are wrongfully receiving public

18  assistance benefits or entitlement benefits.

19         (c)  Database searches shall be conducted of the inmate

20  population at each prison correctional institution or other

21  detention facility.  A prison correctional institution or a

22  detention facility shall provide the Stop Inmate Fraud Program

23  with the information necessary to identify persons wrongfully

24  receiving benefits in the medium requested by the Stop Inmate

25  Fraud Program if the prison correctional institution or

26  detention facility maintains the information in that medium.

27         (d)  Data obtained from prisons correctional

28  institutions or other detention facilities shall be compared

29  with the client files of the Department of Children and Family

30  Services, the Department of Labor and Employment Security, and

31  other state or local agencies as needed to identify persons

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  1  wrongfully obtaining benefits.  Data comparisons shall be

  2  accomplished during periods of low information demand by

  3  agency personnel to minimize inconvenience to the agency.

  4         Section 51.  Paragraph (a) of subsection (7) of section

  5  948.03, Florida Statutes, is amended to read:

  6         948.03  Terms and conditions of probation or community

  7  control.--

  8         (7)(a)  If the court imposes a period of residential

  9  treatment or incarceration as a condition of probation or

10  community control, the residential treatment or incarceration

11  shall be restricted to the following facilities:

12         1.  A Department of Corrections probation and

13  restitution center;

14         2.  A probation program drug punishment treatment

15  community;

16         3.  A community residential facility that which is

17  owned and operated by any public or private entity, excluding

18  a work-release community correctional center as defined in s.

19  944.026; or

20         4.  A county-owned facility.

21         Section 52.  Paragraphs (a) and (e) of subsection (2)

22  of section 951.23, Florida Statutes, are amended to read:

23         951.23  County and municipal detention facilities;

24  definitions; administration; standards and requirements.--

25         (2)  COLLECTION OF INFORMATION.--In conjunction with

26  the administrators of county detention facilities, the

27  Department of Corrections shall develop an instrument for the

28  collection of information from the administrator of each

29  county detention facility.  Whenever possible, the information

30  shall be transmitted by the administrator to the Department of

31  Corrections electronically or in a computer readable format.

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  1  The information shall be provided on a monthly basis and shall

  2  include, but is not limited to, the following:

  3         (a)  The number of persons housed per day who are:

  4         1.  Felons sentenced to cumulative sentences of

  5  incarceration of 364 days or less.

  6         2.  Felons sentenced to cumulative sentences of

  7  incarceration of 365 days or more.

  8         3.  Sentenced misdemeanants.

  9         4.  Awaiting trial on at least one felony charge.

10         5.  Awaiting trial on misdemeanor charges only.

11         6.  Convicted felons and misdemeanants who are awaiting

12  sentencing.

13         7.  Juveniles.

14         8.  State parole violators.

15         9.  State inmates who were transferred from a state

16  prison correctional facility, as defined in s. 944.02, to the

17  county detention facility.

18         (e)  The number of persons admitted per month, and the

19  number of persons housed on the last day of the month, by age,

20  race, and sex, who are:

21         1.  Felons sentenced to cumulative sentences of

22  incarceration of 364 days or less.

23         2.  Felons sentenced to cumulative sentences of

24  incarceration of 365 days or more.

25         3.  Sentenced misdemeanants.

26         4.  Awaiting trial on at least one felony charge.

27         5.  Awaiting trial on misdemeanor charges only.

28         6.  Convicted felons and misdemeanants who are awaiting

29  sentencing.

30         7.  Juveniles.

31         8.  State parole violators.

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  1         9.  State inmates who were transferred from a state

  2  prison correctional facility, as defined in s. 944.02, to the

  3  county detention facility.

  4         Section 53.  Paragraph (b) of subsection (2) of section

  5  958.04, Florida Statutes, is amended to read:

  6         958.04  Judicial disposition of youthful offenders.--

  7         (2)  In lieu of other criminal penalties authorized by

  8  law and notwithstanding any imposition of consecutive

  9  sentences, the court shall dispose of the criminal case as

10  follows:

11         (b)  The court may impose a period of incarceration as

12  a condition of probation or community control, which period of

13  incarceration shall be served in either a county facility, a

14  department probation and restitution center, or a community

15  residential facility which is owned and operated by any public

16  or private entity providing such services.  No youthful

17  offender may be required to serve a period of incarceration in

18  a work-release community correctional center as defined in s.

19  944.026.  Admission to a department facility or center shall

20  be contingent upon the availability of bed space and shall

21  take into account the purpose and function of such facility or

22  center.  Placement in such a facility or center shall not

23  exceed 364 days.

24         Section 54.  This act shall take effect July 1, 2001.

25

26

27

28

29

30

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  1            *****************************************

  2                          SENATE SUMMARY

  3    Requires that the court specify any additional
      incarceration served by a defendant for purposes of
  4    calculating credit allowed by the Department of
      Corrections for time served. Requires that a disciplinary
  5    hearing officer rather than a disciplinary committee
      determine an inmate's forfeiture of gain-time. Requires
  6    the Inspector General of the Department of Corrections to
      review instances of the use of force by department
  7    employees and determine whether the use of force was
      appropriate. Revises various provisions of law relating
  8    to the state correctional system, the Department of
      Corrections, and inmate labor and correctional work
  9    programs to redesignate the term "correctional
      institution" as "prison" and the term "community
10    correctional center" as "work-release center."

11

12

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17

18

19

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