Senate Bill sb0338

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    Florida Senate - 2007                                   SB 338

    By Senator Wilson





    33-26-07

  1                      A bill to be entitled

  2         An act relating to female inmates who are

  3         parents of minor children; providing

  4         legislative findings and intent with respect to

  5         the importance of a female inmate maintaining a

  6         relationship with her minor child; requiring

  7         the Department of Corrections to collect

  8         certain information concerning the children of

  9         female inmates in the state correctional

10         system; requiring the department to analyze the

11         institutional assignment of each female inmate

12         who is a parent and determine the inmate's

13         proximity to her minor child; providing an

14         exception if the court has restricted a female

15         inmate's contact with her child; amending s.

16         944.17, F.S.; requiring the department to

17         consider a female inmate's proximity to her

18         minor child when transferring the inmate;

19         amending s. 944.24, F.S.; requiring that a

20         female inmate be assigned to a facility as near

21         as possible to her minor child; providing an

22         exception if the court has restricted the

23         inmate's contact with the child; amending s.

24         944.8031, F.S.; revising legislative findings

25         with respect to the benefit of fostering

26         relationships between a female inmate and her

27         minor children; providing an effective date.

28  

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

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    Florida Senate - 2007                                   SB 338
    33-26-07




 1         Section 1.  Female inmates who are parents of minor

 2  children; legislative findings and intent; institutional

 3  assignments; data collection.--

 4         (1)  The Legislature finds that it is important that

 5  each female inmate in the state correctional system maintain

 6  contact with her minor children through visitation in order to

 7  prepare the inmate to be reunited with her family upon

 8  release. Although the Department of Corrections may limit the

 9  activities of an inmate, the inmate may fulfill parental

10  responsibilities through visits and telephone and mail

11  communication with her family. The Legislature also finds that

12  the support provided by an inmate's family can be an important

13  resource in combating crime and reducing recidivism.

14         (2)  It is the intent of the Legislature that each

15  female inmate be assigned, whenever possible, to a

16  correctional facility that is located in close proximity to

17  the residence of the inmate's children.

18         (3)(a)  The Department of Corrections shall collect

19  information concerning the minor children of female inmates

20  committed to the state correctional system. At a minimum, the

21  information must include:

22         1.  The number of minor children of each inmate.

23         2.  The date of birth of each minor child.

24         3.  The residential address for each minor child.

25         4.  The custodial status of each minor child.

26         (b)  The department shall annually analyze the

27  institutional assignments of female inmates to determine

28  whether each female inmate who is the parent of a minor child

29  is being housed in an institution that is located in close

30  proximity to the residence of the minor child. The analysis

31  must include mapping and distance calculations.

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    Florida Senate - 2007                                   SB 338
    33-26-07




 1         (4)  The department need not reassign a female inmate

 2  to an institution located in close proximity to the residence

 3  of the inmate's minor child if the court has restricted the

 4  inmate's contact with her minor child.

 5         Section 2.  Subsection (7) of section 944.17, Florida

 6  Statutes, is amended to read:

 7         944.17  Commitments and classification; transfers.--

 8         (7)  Pursuant to such regulations as it may provide,

 9  the department may transfer prisoners from one institution to

10  another institution in the correctional system and classify

11  and reclassify prisoners as circumstances may require. In

12  transferring a female prisoner from one institution to

13  another, the department shall consider, in addition to

14  security and medical considerations, whether the prisoner

15  would benefit from being housed in close proximity to her

16  minor child.

17         Section 3.  Subsection (7) is added to section 944.24,

18  Florida Statutes, to read:

19         944.24  Administration of correctional institutions for

20  women.--

21         (7)  Each female inmate who has a minor child shall,

22  whenever possible, be assigned to a correctional facility that

23  is in close proximity to the child. This subsection does not

24  apply if the court has restricted the inmate's contact with

25  her child.

26         Section 4.  Subsection (1) of section 944.8031, Florida

27  Statutes, is amended to read:

28         944.8031  Inmate's family visitation; legislative

29  intent; minimum services provided to visitors; budget

30  requests.--

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    Florida Senate - 2007                                   SB 338
    33-26-07




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

 2  family and community relationships, and fostering the

 3  relationship between a female inmate and her minor child,

 4  through enhancing visitor services and programs and increasing

 5  the frequency and quality of the visits is an underused

 6  underutilized correctional resource that can improve an

 7  inmate's behavior in the correctional facility and, upon an

 8  inmate's release from a correctional facility, will help to

 9  reduce recidivism.

10         Section 5.  This act shall take effect October 1, 2007.

11  

12            *****************************************

13                          SENATE SUMMARY

14    Requires the Department of Corrections to collect certain
      information regarding the children of female inmates in
15    the state correctional system and to determine whether
      such inmates are in institutions as near to their
16    children as possible. Requires the department to consider
      a female inmate's proximity to her minor child when
17    transferring the inmate. Requires that female inmates be
      assigned to correctional facilities near their minor
18    children and provides exceptions. Provides legislative
      findings and intent.
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