HB 85

1	A bill to be entitled
2	An act relating to county and municipal detention
3	facilities; amending s. 951.23, F.S.; providing a
4	definition; conforming provisions; deleting an obsolete
5	date; requiring each county or municipal detention
6	facility to receive periodic state certification from the
7	Department of Corrections; providing for remedial measures
8	for violations; authorizing rulemaking to develop
9	certification standards and for remedial measures;
10	authorizing a position within the Department of
11	Corrections; providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Subsections (1), (2), and (3), paragraph (a) of
16	subsection (4), and subsections (8) and (10) of section 951.23,
17	Florida Statutes, are amended, and subsection (11) is added to
18	that section, to read:
19	951.23  County and municipal detention facilities;
20	definitions; administration; standards and requirements.-
21	(1)  DEFINITIONS.-As used in this section, the term:
22	(a)  "County detention facility" means a county jail, a
23	county stockade, a county work camp, a county residential
24	probation center, and any other place except a municipal
25	detention facility used by a county or county officer for the
26	detention of persons charged with or convicted of either felony
27	or misdemeanor.
28	(b)  "County residential probation center" means a county-
29	operated facility housing offenders serving misdemeanor
30	sentences or first-time felony sentences. Such facilities shall
31	provide or contract for the provision of the programs
32	established under s. 951.231.
33	(c)  "County prisoner" means a person who is detained in a
34	county detention facility by reason of being charged with or
35	convicted of either felony or misdemeanor.
36	(d)  "Department" means the Department of Corrections.
37	(e)(d)  "Municipal detention facility" means a city jail, a
38	city stockade, a city prison camp, and any other place except a
39	county detention facility used by a municipality or municipal
40	officer for the detention of persons charged with or convicted
41	of violation of municipal laws or ordinances.
42	(f)(e)  "Municipal prisoner" means a person who is detained
43	in a municipal detention facility by reason of being charged
44	with or convicted of violation of municipal law or ordinance.
45	(g)(f)  "Reduced custody housing area" means that area of a
46	county detention facility or municipal detention facility which
47	is designed to hold a large number of prisoners in a dormitory
48	or barracks-type setting. The area may or may not have a
49	security exterior, limited access, or exterior walls constructed
50	of canvas, cloth, or any material similarly flexible or woven,
51	which is flame resistant and is supported by a structural frame
52	of metal or similar durable material.
53	(2)  COLLECTION OF INFORMATION.-In conjunction with the
54	administrators of county detention facilities, the department of
55	Corrections shall develop an instrument for the collection of
56	information from the administrator of each county detention
57	facility. Whenever possible, the information shall be
58	transmitted by the administrator to the department of
59	Corrections electronically or in a computer readable format. The
60	information shall be provided on a monthly basis and shall
61	include, but is not limited to, the following:
62	(a)  The number of persons housed per day who are:
63	1.  Felons sentenced to cumulative sentences of
64	incarceration of 364 days or less.
65	2.  Felons sentenced to cumulative sentences of
66	incarceration of 365 days or more.
67	3.  Sentenced misdemeanants.
68	4.  Awaiting trial on at least one felony charge.
69	5.  Awaiting trial on misdemeanor charges only.
70	6.  Convicted felons and misdemeanants who are awaiting
71	sentencing.
72	7.  Juveniles.
73	8.  State parole violators.
74	9.  State inmates who were transferred from a state
75	correctional facility, as defined in s. 944.02, to the county
76	detention facility.
77	(b)  The number of persons housed per day, admitted per
78	month, and housed on the last day of the month, by age, race,
79	sex, country of citizenship, country of birth, and immigration
80	status classified as one of the following:
81	1.  Permanent legal resident of the United States.
82	2.  Legal visitor.
83	3.  Undocumented or illegal alien.
84	4.  Unknown status.
85	(c)  The number of persons housed per day:
86	1.  Pursuant to part I of chapter 394, "The Florida Mental
87	Health Act."
88	2.  Pursuant to chapter 397, "Substance Abuse Services."
89	(d)  The cost per day for housing a person in the county
90	detention facility.
91	(e)  The number of persons admitted per month, and the
92	number of persons housed on the last day of the month, by age,
93	race, and sex, who are:
94	1.  Felons sentenced to cumulative sentences of
95	incarceration of 364 days or less.
96	2.  Felons sentenced to cumulative sentences of
97	incarceration of 365 days or more.
98	3.  Sentenced misdemeanants.
99	4.  Awaiting trial on at least one felony charge.
100	5.  Awaiting trial on misdemeanor charges only.
101	6.  Convicted felons and misdemeanants who are awaiting
102	sentencing.
103	7.  Juveniles.
104	8.  State parole violators.
105	9.  State inmates who were transferred from a state
106	correctional facility, as defined in s. 944.02, to the county
107	detention facility.
108	(f)  The number of persons admitted per month, by age,
109	race, and sex:
110	1.  Pursuant to part I of chapter 394, "The Florida Mental
111	Health Act."
112	2.  Pursuant to chapter 397, "Substance Abuse Services."
113	(3)  ANALYSIS AND USE OF INFORMATION; LISTS OF CONSTRUCTION
114	PLANS.-The information shall be analyzed and evaluated by the
115	department of Corrections for comparisons of various categories
116	between counties and may be used for the provision of technical
117	assistance, upon request of the chief correctional officer. Such
118	assistance may include, but is not limited to, enhancement of
119	existing pretrial intervention programs and state reimbursement
120	for operational, renovation, or construction costs for county
121	detention facilities.
122	(4)  STANDARDS FOR SHERIFFS AND CHIEF CORRECTIONAL
123	OFFICERS.-
124	(a)  There shall be established a five-member working group
125	consisting of three persons appointed by the Florida Sheriffs
126	Association and two persons appointed by the Florida Association
127	of Counties to develop model standards for county and municipal
128	detention facilities. By October 1, 1996, Each sheriff and chief
129	correctional officer shall adopt, at a minimum, the model
130	standards with reference to:
131	1.a.  The construction, equipping, maintenance, and
132	operation of county and municipal detention facilities.
133	b.  The cleanliness and sanitation of county and municipal
134	detention facilities; the number of county and municipal
135	prisoners who may be housed therein per specified unit of floor
136	space; the quality, quantity, and supply of bedding furnished to
137	such prisoners; the quality, quantity, and diversity of food
138	served to them and the manner in which it is served; the
139	furnishing to them of medical attention and health and comfort
140	items; and the disciplinary treatment which may be meted out to
141	them.
142
143	Notwithstanding the provisions of the otherwise applicable
144	building code, a reduced custody housing area may be occupied by
145	inmates or may be used for sleeping purposes as allowed in
146	subsection (7). The sheriff or chief correctional officer shall
147	provide that a reduced custody housing area shall be governed by
148	fire and life safety standards which do not interfere with the
149	normal use of the facility and which affect a reasonable degree
150	of compliance with rules of the State Fire Marshal for
151	correctional facilities.
152	2.  The confinement of prisoners by classification and
153	providing, whenever possible, for classifications which separate
154	males from females, juveniles from adults, felons from
155	misdemeanants, and those awaiting trial from those convicted
156	and, in addition, providing for the separation of special risk
157	prisoners, such as the mentally ill, alcohol or narcotic
158	addicts, sex deviates, suicide risks, and any other
159	classification which the local unit may deem necessary for the
160	safety of the prisoners and the operation of the facility
161	pursuant to degree of risk and danger criteria. Nondangerous
162	felons may be housed with misdemeanants.
163	(8)  ASSISTANCE TO LOCAL GOVERNMENT.-Upon the request of a
164	sheriff, or the chair of the board of county commissioners in a
165	county in which the chief corrections officer is not a
166	constitutional officer, the department of Corrections may
167	provide technical assistance to local governments in the design
168	and implementation of offender classification systems,
169	evaluation of construction and financing alternatives, the
170	development of community service programs, and the use of mutual
171	aid programs in jail-sharing efforts.
172	(10)  RULE VIOLATIONS BY PRISONERS.-It is a misdemeanor of
173	the second degree, punishable as provided in s. 775.082 or s.
174	775.083, for a county prisoner or a municipal prisoner in a
175	county detention facility to knowingly, on two or more
176	occasions, violate a posted jail rule governing the conduct of
177	prisoners, if the rule prohibits any of the following acts:
178	(a)  Assaulting any person;
179	(b)  Fighting with another person;
180	(c)  Threatening another with bodily harm, or any offense
181	against another person or property;
182	(d)  Extortion, blackmail, protection, demanding or
183	receiving money or anything of value in return for protection
184	against others to avoid bodily harm, or under threat of
185	informing;
186	(e)  Engaging in sexual acts with others;
187	(f)  Making sexual proposals or threats to another;
188	(g)  Indecent exposure;
189	(h)  Escape;
190	(i)  Attempting or planning escape;
191	(j)  Wearing a disguise or mask;
192	(k)  Setting a fire;
193	(l)  Destroying, altering, damaging, or defacing government
194	property or the property of another person;
195	(m)  Stealing (theft);
196	(n)  Tampering with or blocking any locking device;
197	(o)  Adulteration of any food or drink;
198	(p)  Possession or introduction of any explosive,
199	ammunition, firearm, or weapon;
200	(q)  Possession of contraband;
201	(r)  Misuse of authorized medication;
202	(s)  Loaning of property or anything of value for profit or
203	increased return;
204	(t)  Possession of anything not authorized for retention or
205	receipt by the inmate and not issued to him or her through
206	regular institutional channels;
207	(u)  Mutilating or altering issued clothing, bedding,
208	linen, or mattresses;
209	(v)  Rioting;
210	(w)  Encouraging others to riot;
211	(x)  Engaging in or encouraging a group demonstration;
212	(y)  Refusing to work;
213	(z)  Encouraging others to refuse to work or participating
214	in work stoppage;
215	(aa)  Refusing to obey a reasonable order of any staff
216	member;
217	(bb)  Unexcused absence from work or any assignment;
218	(cc)  Malingering; feigning an illness or injury;
219	(dd)  Failing to perform work as instructed by a
220	supervisor;
221	(ee)  Lying or providing a false statement to a staff
222	member;
223	(ff)  Conduct which disrupts or interferes with the
224	security or orderly running of the institution;
225	(gg)  Counterfeiting, forging, or unauthorized reproduction
226	of any document, article, or identification, money, security, or
227	official paper;
228	(hh)  Participating in an unauthorized meeting or
229	gathering;
230	(ii)  Being in an unauthorized area;
231	(jj)  Failure to follow safety or sanitation regulations;
232	(kk)  Using any equipment or machinery contrary to
233	instructions or posted safety standards;
234	(ll)  Failing to stand count;
235	(mm)  Interfering with the taking of count;
236	(nn)  Making intoxicants or being intoxicated;
237	(oo)  Smoking where prohibited;
238	(pp)  Using abusive or obscene language;
239	(qq)  Gambling; preparing or conducting a gambling pool;
240	possession of gambling paraphernalia;
241	(rr)  Being unsanitary or untidy; failing to keep one's
242	person and one's quarters in accordance with posted standards;
243	(ss)  Tattooing or self-mutilation;
244	(tt)  Unauthorized use of mail or telephone;
245	(uu)  Unauthorized contacts with the public;
246	(vv)  Correspondence or conduct with a visitor in violation
247	of posted regulations;
248	(ww)  Giving or offering any official or staff member a
249	bribe or anything of value; or
250	(xx)  Giving money or anything of value to, or accepting
251	money or anything of value from another inmate, a member of his
252	or her family, or his or her friend.
253
254	Punishment for a violation of this subsection shall run
255	consecutive to any other sentence.
256	(11)  CERTIFICATION OF FACILITIES.-
257	(a)  Each county detention facility or municipal detention
258	facility must receive state certification every 2 years that the
259	facility is operated consistent with public safety, security,
260	and efficiency. The department shall be the state agency
261	responsible for developing inspection criteria, conducting
262	inspections, and issuing certifications. If a facility fails
263	inspection, the department shall manage and operate the
264	facility, provide probationary status with a plan to achieve
265	certification, or undertake any other remedial measures in the
266	discretion of the Secretary of Corrections as may be appropriate
267	and commensurate with the determined violations.
268	(b)  The department may adopt rules concerning
269	certification standards for facilities under this subsection,
270	for penalties, fines, or any other penalty measures to ensure
271	compliance with this subsection, and for reimbursements by local
272	governments to the state for costs incurred when it becomes
273	necessary for the department to manage and operate a facility
274	under this subsection.
275	Section 2.  For the 2011-2012 fiscal year, the Department
276	of Corrections is authorized one additional full-time equivalent
277	position to conduct the inspections and perform other duties
278	required by s. 951.23(11), Florida Statutes, as created by this
279	act.
280	Section 3.  This act shall take effect July 1, 2011.

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