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| 1 | A bill to be entitled | ||
| 2 | An act relating to transportation of inmates; amending s. | ||
| 3 | 945.091, F.S.; limiting the mode of transport an inmate | ||
| 4 | may use in traveling to and from a place of employment, | ||
| 5 | education, or training; authorizing the Department of | ||
| 6 | Corrections to transport inmates in state-owned vehicles | ||
| 7 | under certain circumstances; creating s. 945.0913, F.S.; | ||
| 8 | prohibiting an inmate from driving a state-owned vehicle | ||
| 9 | to transport inmates in a work-release program; providing | ||
| 10 | an effective date. | ||
| 11 | |||
| 12 | Be It Enacted by the Legislature of the State of Florida: | ||
| 13 | |||
| 14 | Section 1. Subsection (1) of section 945.091, Florida | ||
| 15 | Statutes, is amended to read: | ||
| 16 | 945.091 Extension of the limits of confinement; | ||
| 17 | restitution by employed inmates.-- | ||
| 18 | (1) The department may adopt rules permitting the | ||
| 19 | extension of the limits of the place of confinement of an inmate | ||
| 20 | as to whom there is reasonable cause to believe that the inmate | ||
| 21 | will honor his or her trust by authorizing the inmate, under | ||
| 22 | prescribed conditions and following investigation and approval | ||
| 23 | by the secretary, or the secretary's designee, who shall | ||
| 24 | maintain a written record of such action, to leave the confines | ||
| 25 | of that place unaccompanied by a custodial agent for a | ||
| 26 | prescribed period of time to: | ||
| 27 | (a) Visit, for a specified period, a specifically | ||
| 28 | designated place or places: | ||
| 29 | 1. For the purpose of visiting a dying relative, attending | ||
| 30 | the funeral of a relative, or arranging for employment or for a | ||
| 31 | suitable residence for use when released; | ||
| 32 | 2. To otherwise aid in the rehabilitation of the inmate | ||
| 33 | and his or her successful transition into the community; or | ||
| 34 | 3. For another compelling reason consistent with the | ||
| 35 | public interest, and return to the same or another institution | ||
| 36 | or facility designated by the Department of Corrections. | ||
| 37 | (b) Work at paid employment, participate in an education | ||
| 38 | or a training program, or voluntarily serve a public or | ||
| 39 | nonprofit agency or faith-based service group in the community, | ||
| 40 | while continuing as an inmate of the institution or facility in | ||
| 41 | which the inmate is confined, except during the hours of his or | ||
| 42 | her employment, education, training, or service and traveling | ||
| 43 | thereto and therefrom. An inmate may travel to and from his or | ||
| 44 | her place of employment, education, or training only by means of | ||
| 45 | walking, bicycling, or using public transportation or | ||
| 46 | transportation that is provided by a family member or employer. | ||
| 47 | Contingent upon specific appropriations, the department may | ||
| 48 | transport an inmate in a state-owned vehicle if the inmate is | ||
| 49 | unable to obtain other means of travel to his or her place of | ||
| 50 | employment, education, or training. | ||
| 51 | 1. An inmate may participate in paid employment only | ||
| 52 | during the last 36 months of his or her confinement, unless | ||
| 53 | sooner requested by the Parole Commission or the Control Release | ||
| 54 | Authority. | ||
| 55 | 2. While working at paid employment and residing in the | ||
| 56 | facility, an inmate may apply for placement at a contracted | ||
| 57 | substance abuse transition housing program. The transition | ||
| 58 | assistance specialist shall inform the inmate of program | ||
| 59 | availability and assess the inmate's need and suitability for | ||
| 60 | transition housing assistance. If an inmate is approved for | ||
| 61 | placement, the specialist shall assist the inmate. If an inmate | ||
| 62 | requests and is approved for placement in a contracted faith- | ||
| 63 | based substance abuse transition housing program, the specialist | ||
| 64 | must consult with the chaplain prior to such placement. The | ||
| 65 | department shall ensure that an inmate's faith orientation, or | ||
| 66 | lack thereof, will not be considered in determining admission to | ||
| 67 | a faith-based program and that the program does not attempt to | ||
| 68 | convert an inmate toward a particular faith or religious | ||
| 69 | preference. | ||
| 70 | (c) Participate in a residential or nonresidential | ||
| 71 | rehabilitative program operated by a public or private nonprofit | ||
| 72 | agency, including faith-based service groups, with which the | ||
| 73 | department has contracted for the treatment of such inmate. The | ||
| 74 | provisions of ss. 216.311 and 287.057 shall apply to all | ||
| 75 | contracts between the department and any private entity | ||
| 76 | providing such services. The department shall require such | ||
| 77 | agency to provide appropriate supervision of inmates | ||
| 78 | participating in such program. The department is authorized to | ||
| 79 | terminate any inmate's participation in the program if such | ||
| 80 | inmate fails to demonstrate satisfactory progress in the program | ||
| 81 | as established by departmental rules. | ||
| 82 | Section 2. Section 945.0913, Florida Statutes, is created | ||
| 83 | to read: | ||
| 84 | 945.0913 Inmates prohibited from driving state-owned | ||
| 85 | vehicles to transport inmates in a work-release program.--An | ||
| 86 | inmate may not drive a state-owned vehicle for the purpose of | ||
| 87 | transporting inmates who are participating in a work-release | ||
| 88 | program authorized in s. 945.091(1)(b). | ||
| 89 | Section 3. This act shall take effect October 1, 2003. | ||