CS for SB 7020                                   First Engrossed
       
       
       
       
       
       
       
       
       20157020e1
       
    1                        A bill to be entitled                      
    2         An act relating to corrections; amending s. 110.205,
    3         F.S.; specifying employees and officers of the
    4         Corrections Commission are exempt from career service;
    5         amending s. 20.315, F.S.; revising the method of
    6         appointment for the Secretary of Corrections; creating
    7         the Florida Corrections Commission within the Justice
    8         Administrative Commission; specifying that the
    9         Corrections Commission shall not be subject to the
   10         control or direction of the Justice Administrative
   11         Commission but the employees shall be governed by the
   12         classification plan and salary and benefits plan
   13         approved by the Justice Administrative Commission;
   14         providing for membership and terms of appointment for
   15         commission members; prescribing duties and
   16         responsibilities of the commission; prohibiting the
   17         commission from entering into the department’s
   18         operation; establishing meeting and notice
   19         requirements; requiring the commission to appoint an
   20         executive director; authorizing reimbursement of per
   21         diem and travel expenses for commission members;
   22         prohibiting certain conflicts of interest among
   23         commission members; providing for applicability;
   24         amending s. 216.136, F.S.; requiring the Criminal
   25         Justice Estimating Conference to develop projections
   26         of prison admissions and populations for elderly
   27         felony offenders; amending s. 43.16, F.S.; clarifying
   28         the duties of the Justice Administrative Commission in
   29         the operations of the Corrections Commission; amending
   30         s. 921.0021, F.S.; revising the definition of “victim
   31         injury” by removing a prohibition on assessing certain
   32         victim injury sentence points for sexual misconduct by
   33         an employee of the Department of Corrections or a
   34         private correctional facility with an inmate or an
   35         offender supervised by the department; conforming a
   36         provision to changes made by the act; amending s.
   37         944.151, F.S.; expanding the department’s security
   38         review committee functions; ensuring physical
   39         inspections of state and private buildings and
   40         structures and prioritizing institutions for
   41         inspection that meet certain criteria; amending s.
   42         944.275, F.S.; prohibiting an inmate from receiving
   43         incentive gain-time credits for completing the
   44         requirements for and receiving a general educational
   45         development certificate or vocational certificate if
   46         the inmate was convicted of a specified offense on or
   47         after a specified date; amending s. 944.31, F.S.;
   48         requiring that a copy of a written memorandum of
   49         understanding for notification and investigation of
   50         certain events between the Department of Corrections
   51         and the Department of Law Enforcement be provided in a
   52         timely manner to the Governor, the President of the
   53         Senate, and the Speaker of the House of
   54         Representatives; requiring specialized training in
   55         certain circumstances; amending s. 944.331, F.S.;
   56         requiring the Department of Corrections to provide
   57         multiple private, internal avenues for the reporting
   58         by inmates of sexual abuse and sexual harassment;
   59         requiring the department, in consultation with the
   60         Correctional Medical Authority, to review inmate
   61         health care grievance procedures at each correctional
   62         institution and private correctional facility;
   63         requiring the department to review inmate grievance
   64         procedures at each correctional institution and
   65         private correctional facility; amending s. 944.35,
   66         F.S.; requiring that correctional officers have
   67         specialized training in the effective, nonforceful
   68         management of mentally ill inmates who may exhibit
   69         erratic behavior; requiring each institution to create
   70         and maintain a system to track the use of force
   71         episodes to determine if inmates need subsequent
   72         physical or mental health treatment; requiring annual
   73         reporting of use of force on the agency website;
   74         requiring that reports of physical force be signed
   75         under oath; prohibiting employees with notations
   76         regarding incidents involving the inappropriate use of
   77         force from being assigned to transitional care, crisis
   78         stabilization, or corrections mental health treatment
   79         facility housing; providing an exception; expanding
   80         applicability of a current felony offense to include
   81         certain employees of private providers and private
   82         correctional facilities; creating criminal penalties
   83         for employees who willfully or by culpable negligence
   84         withhold food and water and other essential services;
   85         providing for anonymous reporting of inmate abuse
   86         directly to the department’s Office of Inspector
   87         General; requiring that instruction on communication
   88         techniques related to crisis stabilization to avoid
   89         use of force be included in the correctional officer
   90         training program; directing the department to
   91         establish policies to protect inmates and employees
   92         from retaliation; requiring the department to
   93         establish policies relating to the use of chemical
   94         agents; requiring all nonreactionary use of force
   95         incidents using chemical agents be videotaped;
   96         amending s. 944.8041, F.S.; requiring the department
   97         to report health care costs for elderly inmates in its
   98         annual report; creating s. 944.805, F.S.; providing
   99         legislative intent relating to specialized programs
  100         for veterans; requiring the department to measure
  101         recidivism and report its finding in that regard;
  102         amending s. 945.10, F.S.; authorizing the release of
  103         certain confidential and exempt information to the
  104         Florida Corrections Commission; amending s. 945.215,
  105         F.S.; requiring that specified proceeds and certain
  106         funds be deposited in the State Operated Institutions
  107         Inmate Welfare Trust Fund; providing that the State
  108         Operated Institutions Inmate Welfare Trust Fund is a
  109         trust held by the Department of Corrections for the
  110         benefit and welfare of certain inmates; prohibiting
  111         deposits into the trust fund from exceeding $5 million
  112         per fiscal year; requiring that deposits in excess of
  113         that amount be deposited into the General Revenue
  114         Fund; requiring that funds of the trust fund be used
  115         exclusively for specified purposes at correctional
  116         facilities operated by the department; requiring that
  117         funds from the trust fund only be expended pursuant to
  118         legislative appropriations; requiring the department
  119         to annually compile a report, at the statewide and
  120         institutional level documenting trust fund receipts
  121         and expenditures; requiring that the report be
  122         submitted by September 1 for the previous fiscal year
  123         to specified offices of the Legislature and to the
  124         Executive Office of the Governor; prohibiting the
  125         purchase of weight-training equipment; providing a
  126         contingent effective date; amending s. 945.48, F.S.;
  127         specifying correctional officer staffing requirements
  128         pertaining to inmates housed in mental health
  129         treatment facilities; amending s. 945.6031, F.S.;
  130         changing the frequency of required surveys; amending
  131         s. 945.6033, F.S.; providing for damages in inmate
  132         health care contracts; amending s. 945.6034, F.S.;
  133         requiring the department to consider the needs of
  134         inmates over 50 years of age and adopt health care
  135         standards for that population; creating s. 945.6039,
  136         F.S.; allowing an inmate’s family, lawyer, and other
  137         interested parties to hire and pay for an independent
  138         medical evaluation; specifying the purpose for outside
  139         evaluations; requiring the department to provide
  140         reasonable and timely access to the inmate; amending
  141         s. 947.149, F.S.; defining the term “elderly and
  142         infirm inmate”; expanding eligibility for conditional
  143         medical release to include elderly and infirm inmates;
  144         amending ss. 948.10 and 951.221, F.S.; conforming
  145         cross-references to changes made by the act; providing
  146         for applicability; reenacting ss. 435.04(2)(uu) and
  147         921.0022(3)(f), F.S., relating to level 2 screening
  148         standards and the Criminal Punishment Code and offense
  149         severity ranking chart, respectively, to incorporate
  150         the amendment made to s. 944.35, F.S., in references
  151         thereto; reenacting ss. 944.72(1), 945.21501(1), and
  152         945.2151, F.S., relating to the Privately Operated
  153         Institutions Inmate Welfare Trust Fund, the Employee
  154         Benefit Trust Fund, and the verification of social
  155         security numbers, respectively, to incorporate the
  156         amendment made to s. 945.215, F.S., in references
  157         thereto; providing for appropriations to the
  158         Corrections Commission; providing for appropriations
  159         to the Correctional Medical Authority; providing for
  160         appropriations to the Department of Corrections;
  161         providing effective dates.
  162          
  163  Be It Enacted by the Legislature of the State of Florida:
  164  
  165         Section 1. Paragraph (x) of subsection (2) of section
  166  110.205, Florida Statutes, is amended to read:
  167         110.205 Career service; exemptions.—
  168         (2) EXEMPT POSITIONS.—The exempt positions that are not
  169  covered by this part include the following:
  170         (x) All officers and employees of the Justice
  171  Administrative Commission, Office of the State Attorney, Office
  172  of the Public Defender, regional offices of capital collateral
  173  counsel, offices of criminal conflict and civil regional
  174  counsel, and Statewide Guardian Ad Litem Office, including the
  175  circuit guardian ad litem programs, and the Florida Corrections
  176  Commission.
  177         Section 2. Subsection (3) of section 20.315, Florida
  178  Statutes, is amended, present subsections (4) through (12) of
  179  that section are redesignated as subsections (5) through (13),
  180  respectively, and a new subsection (4) is added to that section,
  181  to read:
  182         20.315 Department of Corrections.—There is created a
  183  Department of Corrections.
  184         (3) SECRETARY OF CORRECTIONS.—The head of the Department of
  185  Corrections is the Secretary of Corrections. The secretary shall
  186  be is appointed by the Governor with the concurrence of three
  187  members of the Cabinet, subject to confirmation by the Senate,
  188  and shall serve at the pleasure of the Governor and Cabinet. The
  189  secretary is responsible for planning, coordinating, and
  190  managing the corrections system of the state. The secretary
  191  shall ensure that the programs and services of the department
  192  are administered in accordance with state and federal laws,
  193  rules, and regulations, with established program standards, and
  194  consistent with legislative intent. The secretary shall identify
  195  the need for and recommend funding for the secure and efficient
  196  operation of the state correctional system.
  197         (a) The secretary shall appoint a deputy secretary. The
  198  deputy secretary shall be directly responsible to the secretary
  199  and shall serve at the pleasure of the secretary.
  200         (b) The secretary shall appoint a general counsel and an
  201  inspector general, who are exempt from part II of chapter 110
  202  and are included in the Senior Management Service.
  203         (c) The secretary may appoint assistant secretaries,
  204  directors, or other such persons that he or she deems are
  205  necessary to accomplish the mission and goals of the department,
  206  including, but not limited to, the following areas of program
  207  responsibility:
  208         1. Security and institutional operations, which shall
  209  provide inmate work programs, offender programs, security
  210  administration, emergency operations response, and operational
  211  oversight of the regions.
  212         2. Health services, which shall be headed by a physician
  213  licensed under chapter 458 or an osteopathic physician licensed
  214  under chapter 459, or a professionally trained health care
  215  administrator with progressively responsible experience in
  216  health care administration. This individual shall be responsible
  217  for the delivery of health services to offenders within the
  218  system and shall have direct professional authority over such
  219  services.
  220         3. Community corrections, which shall provide for
  221  coordination of community alternatives to incarceration and
  222  operational oversight of community corrections regions.
  223         4. Administrative services, which shall provide budget and
  224  accounting services within the department, including the
  225  construction and maintenance of correctional institutions, human
  226  resource management, research, planning and evaluation, and
  227  technology.
  228         5. Program, transition, and postrelease services, which
  229  shall provide for the direct management and supervision of all
  230  departmental programs, including the coordination and delivery
  231  of education and job training to the offenders in the custody of
  232  the department. In addition, this program shall provide for the
  233  direct management and supervision of all programs that furnish
  234  transition assistance to inmates who are or have recently been
  235  in the custody of the department, including the coordination,
  236  facilitation, and contract management of prerelease and
  237  postrelease transition services provided by governmental and
  238  private providers, including faith-based service groups.
  239         (4) FLORIDA CORRECTIONS COMMISSION.—The Florida Corrections
  240  Commission is created. The primary focus of the commission shall
  241  be on matters relating to corrections with an emphasis on the
  242  safe and effective operations of major correctional
  243  institutions. However, in instances in which the policies of
  244  other components of the criminal justice system affect
  245  corrections, the commission shall advise and make
  246  recommendations. The Justice Administrative Commission shall
  247  provide administrative support and service to the Florida
  248  Corrections Commission to the extent requested by the Florida
  249  Corrections Commission. The Florida Corrections Commission shall
  250  not be subject to the control, supervision, or direction by
  251  the Justice Administrative Commission in the performance of its
  252  duties, but the employees of the Florida Corrections Commission
  253  shall be governed by the classification plan and salary and
  254  benefits plan approved by the Justice Administrative Commission.
  255         (a) The commission shall be composed of nine members. The
  256  President of the Senate, the Speaker of the House of
  257  Representatives, the minority leader of the Senate, and the
  258  minority leader of the House of Representatives shall each
  259  provide a list of six nominees to the Governor for consideration
  260  and initial appointment to the commission. The Governor may
  261  appoint two members to the commission from each list. The
  262  Governor may also appoint a ninth member of his or her choosing.
  263  The initial members of the commission shall be appointed by
  264  October 1, 2015. Members of the commission shall be appointed
  265  for terms of 4 years. However, to achieve staggered terms, four
  266  of the initial members shall be appointed to 2-year terms.
  267  Members must be appointed in a manner that ensures equitable
  268  representation of different geographic regions and the ethnic
  269  diversity of this state. Each member of the commission must be a
  270  resident and a registered voter of this state. A commission
  271  member must represent the state as a whole and may not
  272  subordinate the needs of the state to those of a particular
  273  region. The commission’s membership should, to the greatest
  274  extent possible, include a person with a background in law
  275  enforcement or jail management, a person with a background in
  276  criminal prosecution, a person with a background in criminal
  277  defense, a pastor or former prison chaplain, a community leader,
  278  and a business leader.
  279         (b) The primary duties and responsibilities of the Florida
  280  Corrections Commission include:
  281         1. Conducting investigations, internal affairs
  282  investigations, and criminal investigations.
  283         2. Conducting announced and unannounced inspections of
  284  correctional facilities, including facilities operated by
  285  private contractors. The commission may enter any place where
  286  prisoners in this state are kept and shall be immediately
  287  admitted to such place as they desire and may consult and confer
  288  with any prisoner privately and without molestation.
  289         3. Identifying and monitoring high-risk and problematic
  290  correctional facilities, and reporting findings and
  291  recommendations relating to such facilities.
  292         4. Continually monitoring on a statewide basis the
  293  incidence of inmate-on-inmate and officer-on-inmate violence and
  294  the introduction of contraband.
  295         5. Submitting an annual report to the Governor, the
  296  President of the Senate, and the Speaker of the House of
  297  Representatives by each November 1, beginning in 2016.
  298         6. Developing legislative, budgetary, and operational
  299  recommendations for correctional system improvement.
  300         7. Reviewing the annual Legislative Budget Request of the
  301  department and making recommendations and comments on such
  302  budgetary request to the Governor.
  303         8. Convening public hearings, for which the commission is
  304  authorized to issue subpoenas and take sworn testimony of
  305  witnesses.
  306         9. Conducting confidential interviews with staff, officers,
  307  inmates, correctional health care professionals, citizens,
  308  volunteers, and public officials relating to the operations and
  309  conditions of correctional facilities.
  310         10. Developing and implementing a set of standards and
  311  performance measures which establishes an accountability system
  312  that allows each correctional institution or facility to be
  313  individually measured annually for performance. The standards
  314  and measures shall be primarily focused on inmate achievement,
  315  inmate institutional adjustment, safe and secure prison
  316  operations, officer safety, officer training, and inmate safety.
  317  The Florida Corrections Commission shall maintain an
  318  accountability system that tracks the department’s progress
  319  toward meeting specified goals at both regional and
  320  institutional levels.
  321         (c) The commission may not enter into the day-to-day
  322  operation of the department, but may conduct investigations.
  323         (d) The commission shall hold a minimum of six regular
  324  meetings annually. A majority of the membership of the
  325  commission constitutes a quorum at any meeting of the
  326  commission. The chair shall be elected from the commission’s
  327  membership. The chair shall direct that complete and accurate
  328  minutes be kept of all commission meetings, which shall be open
  329  for public inspection. Additional meetings may be held upon the
  330  written request of at least four members, with at least 1 week’s
  331  notice of such meeting being given to all members and the public
  332  by the chair pursuant to chapter 120. Emergency meetings may be
  333  held without notice upon request of all members. Meetings of the
  334  commission shall be held at major correctional facilities around
  335  the state as determined by the chair.
  336         (e) The commission shall appoint an executive director who
  337  shall serve under the direction, supervision, and control of the
  338  commission. The executive director, with consent of the
  339  commission, shall employ staff as necessary to adequately
  340  perform the functions of the commission.
  341         (f) Commission members shall serve without compensation but
  342  are entitled to receive reimbursement for per diem and travel
  343  expenses as provided in s. 112.061.
  344         (g) Commission members may not have an immediate family
  345  member who works in the department or any private institution or
  346  contractor under contract with the department and may not have
  347  any interest, direct or indirect, in a contract, franchise,
  348  privilege, or other benefit granted or awarded by the
  349  department, or any of its contractors or subcontracts, while
  350  serving as a member of the commission.
  351         Section 3. The amendments made by this act to s. 20.315(3),
  352  Florida Statutes, do not apply to a Secretary of Corrections
  353  appointed before July 1, 2015.
  354         Section 4. Paragraph (d) is added to subsection (5) of
  355  section 216.136, Florida Statutes, to read:
  356         216.136 Consensus estimating conferences; duties and
  357  principals.—
  358         (5) CRIMINAL JUSTICE ESTIMATING CONFERENCE.—The Criminal
  359  Justice Estimating Conference shall:
  360         (d) Develop projections of prison admissions and
  361  populations for elderly felony offenders.
  362         Section 5. Subsections (5) and (6) of section 43.16,
  363  Florida Statutes, are amended to read:
  364         43.16 Justice Administrative Commission; membership, powers
  365  and duties.—
  366         (5) The duties of the commission shall include, but not be
  367  limited to, the following:
  368         (a) The maintenance of a central state office for
  369  administrative services and assistance when possible to and on
  370  behalf of the state attorneys and public defenders of Florida,
  371  the capital collateral regional counsel of Florida, the criminal
  372  conflict and civil regional counsel, and the Guardian Ad Litem
  373  Program, and the Florida Corrections Commission.
  374         (b) Each state attorney, public defender, and criminal
  375  conflict and civil regional counsel, and the Guardian Ad Litem
  376  Program, and the Florida Corrections Commission shall continue
  377  to prepare necessary budgets, vouchers that represent valid
  378  claims for reimbursement by the state for authorized expenses,
  379  and other things incidental to the proper administrative
  380  operation of the office, such as revenue transmittals to the
  381  Chief Financial Officer and automated systems plans, but will
  382  forward such items to the commission for recording and
  383  submission to the proper state officer. However, when requested
  384  by a state attorney, a public defender, a criminal conflict and
  385  civil regional counsel, or the Guardian Ad Litem Program, or the
  386  Florida Corrections Commission, the commission will either
  387  assist in the preparation of budget requests, voucher schedules,
  388  and other forms and reports or accomplish the entire project
  389  involved.
  390         (6) The provisions contained in this section shall be
  391  supplemental to those of chapter 27, relating to state
  392  attorneys, public defenders, criminal conflict and civil
  393  regional counsel, and capital collateral regional counsel; to
  394  those of chapter 39, relating to the Guardian Ad Litem Program;
  395  to those of chapter 20, relating to the Florida Corrections
  396  Commission, or to other laws pertaining hereto.
  397         Section 6. Subsection (7) of section 921.0021, Florida
  398  Statutes, is amended to read:
  399         921.0021 Definitions.—As used in this chapter, for any
  400  felony offense, except any capital felony, committed on or after
  401  October 1, 1998, the term:
  402         (7)(a) “Victim injury” means the physical injury or death
  403  suffered by a person as a direct result of the primary offense,
  404  or any additional offense, for which an offender is convicted
  405  and which is pending before the court for sentencing at the time
  406  of the primary offense.
  407         (b) Except as provided in paragraph (c) or paragraph (d),
  408         1. If the conviction is for an offense involving sexual
  409  contact that includes sexual penetration, the sexual penetration
  410  must be scored in accordance with the sentence points provided
  411  under s. 921.0024 for sexual penetration, regardless of whether
  412  there is evidence of any physical injury.
  413         2. If the conviction is for an offense involving sexual
  414  contact that does not include sexual penetration, the sexual
  415  contact must be scored in accordance with the sentence points
  416  provided under s. 921.0024 for sexual contact, regardless of
  417  whether there is evidence of any physical injury.
  418  
  419  If the victim of an offense involving sexual contact suffers any
  420  physical injury as a direct result of the primary offense or any
  421  additional offense committed by the offender resulting in
  422  conviction, such physical injury must be scored separately and
  423  in addition to the points scored for the sexual contact or the
  424  sexual penetration.
  425         (c) The sentence points provided under s. 921.0024 for
  426  sexual contact or sexual penetration may not be assessed for a
  427  violation of s. 944.35(3)(b)2.
  428         (c)(d) If the conviction is for the offense described in s.
  429  872.06, the sentence points provided under s. 921.0024 for
  430  sexual contact or sexual penetration may not be assessed.
  431         (d)(e) Notwithstanding paragraph (a), if the conviction is
  432  for an offense described in s. 316.027 and the court finds that
  433  the offender caused victim injury, sentence points for victim
  434  injury may be assessed against the offender.
  435         Section 7. Section 944.151, Florida Statutes, is amended to
  436  read:
  437         944.151 Safety and security of correctional institutions
  438  and facilities.—It is the intent of the Legislature that the
  439  Department of Corrections shall be responsible for the safe
  440  operation and security of the correctional institutions and
  441  facilities. The safe operation and security of the state’s
  442  correctional institutions and facilities is critical to ensure
  443  public safety and the safety of department employees and
  444  offenders and to contain violent and chronic offenders until
  445  offenders are otherwise released from the department’s custody
  446  pursuant to law. The Secretary of Corrections shall, at a
  447  minimum:
  448         (1) Appoint and designate select staff to the a safety and
  449  security review committee which shall, at a minimum, be composed
  450  of: the inspector general, the statewide security coordinator,
  451  the regional security coordinators, and three wardens and one
  452  correctional officer. The safety and security review committee
  453  shall evaluate new safety and security technology; review and
  454  discuss issues impacting correctional facilities; review and
  455  discuss current issues impacting correctional facilities; and
  456  review and discuss other issues as requested by management.:
  457         (a) Establish a periodic schedule for the physical
  458  inspection of buildings and structures of each state and private
  459  correctional institution to determine security deficiencies. In
  460  scheduling the inspections, priority shall be given to older
  461  institutions, institutions that house a large proportion of
  462  violent offenders, and institutions that have experienced a
  463  significant number of escapes or escape attempts in the past.
  464         (2)Ensure that appropriate staff establishes a periodic
  465  schedule for the physical inspection of buildings and structures
  466  of each state and private correctional institution and facility
  467  to determine safety and security deficiencies. In scheduling the
  468  inspections, priority shall be given to older institutions,
  469  institutions that house a large proportion of violent offenders,
  470  institutions with a high level of inappropriate incidents of use
  471  of force on inmates, assaults on employees, or inmate sexual
  472  abuse, and institutions that have experienced a significant
  473  number of escapes or escape attempts in the past.
  474         (a)(b)Ensure that appropriate staff conducts Conduct or
  475  causes cause to be conducted announced and unannounced
  476  comprehensive safety and security audits of all state and
  477  private correctional institutions. In conducting the security
  478  audits, priority shall be given to older institutions,
  479  institutions that house a large proportion of violent offenders,
  480  institutions with a high level of inappropriate incidents of use
  481  of force on inmates, assaults on employees, or inmate sexual
  482  abuse, and institutions that have experienced a history of
  483  escapes or escape attempts. At a minimum, the audit shall
  484  include an evaluation of the physical plant, which shall include
  485  the identification of blind spots or areas where staff or
  486  inmates may be isolated and the deployment of audio and video
  487  monitoring systems and other monitoring technologies in such
  488  areas, landscaping, fencing, security alarms and perimeter
  489  lighting, confinement, arsenal, key and lock, and entrance/exit
  490  and inmate classification and staffing policies. Each
  491  correctional institution shall be audited at least annually. The
  492  secretary shall
  493         (b) Report the general survey findings annually to the
  494  Governor and the Legislature.
  495         (c) Ensure appropriate staff investigates and evaluates the
  496  usefulness and dependability of existing safety and security
  497  technology at the institutions and new technology and video
  498  monitoring systems available and make periodic written
  499  recommendations to the secretary on the discontinuation or
  500  purchase of various safety and security devices.
  501         (d) Contract, if deemed necessary, with security personnel,
  502  consulting engineers, architects, or other safety and security
  503  experts the department deems necessary for safety and security
  504  consultant services.
  505         (e) Ensure appropriate staff, in conjunction with the
  506  regional offices, establishes a periodic schedule for conducting
  507  announced and unannounced escape simulation drills.
  508         (f) Adopt, enforce, and annually cause the evaluation of
  509  the emergency escape response procedures, which shall at a
  510  minimum include the immediate notification and inclusion of
  511  local and state law enforcement through mutual aid agreements.
  512         (g) Ensure appropriate staff reviews staffing policies,
  513  classification, and practices as needed.
  514         (3)(c) Adopt and enforce minimum safety and security
  515  standards and policies that include, but are not limited to:
  516         (a)1. Random monitoring of outgoing telephone calls by
  517  inmates.
  518         (b)2. Maintenance of current photographs of all inmates.
  519         (c)3. Daily inmate counts at varied intervals.
  520         (d)4. Use of canine units, where appropriate.
  521         (e)5. Use of escape alarms and perimeter lighting.
  522         (f)6. Florida Crime Information Center/National Crime
  523  Information Center capabilities.
  524         (g)7. Employment background investigations.
  525         (d) Annually make written prioritized budget
  526  recommendations to the secretary that identify critical security
  527  deficiencies at major correctional institutions.
  528         (e) Investigate and evaluate the usefulness and
  529  dependability of existing security technology at the
  530  institutions and new technology available and make periodic
  531  written recommendations to the secretary on the discontinuation
  532  or purchase of various security devices.
  533         (f) Contract, if deemed necessary, with security personnel,
  534  consulting engineers, architects, or other security experts the
  535  committee deems necessary for security audits and security
  536  consultant services.
  537         (g) Establish a periodic schedule for conducting announced
  538  and unannounced escape simulation drills.
  539         (4)(2)Direct staff to maintain and produce quarterly
  540  reports with accurate escape statistics. For the purposes of
  541  these reports, “escape” includes all possible types of escape,
  542  regardless of prosecution by the state attorney, and including
  543  offenders who walk away from nonsecure community facilities.
  544         (3) Adopt, enforce, and annually evaluate the emergency
  545  escape response procedures, which shall at a minimum include the
  546  immediate notification and inclusion of local and state law
  547  enforcement through a mutual aid agreement.
  548         (5)(4)Direct staff to submit in the annual legislative
  549  budget request a prioritized summary of critical safety and
  550  security deficiencies, and repair and renovation security needs.
  551         Section 8. Paragraphs (d) and (e) of subsection (4) of
  552  section 944.275, Florida Statutes, are amended to read:
  553         944.275 Gain-time.—
  554         (4)
  555         (d) Notwithstanding paragraph (b) subparagraphs (b)1. and
  556  2., the education program manager shall recommend, and the
  557  Department of Corrections may grant, a one-time award of 60
  558  additional days of incentive gain-time to an inmate who is
  559  otherwise eligible and who successfully completes requirements
  560  for and is awarded a high school equivalency diploma or
  561  vocational certificate. This incentive gain-time award may be
  562  granted to reduce any sentence for an offense committed on or
  563  after October 1, 1995. However, this gain-time may not be
  564  granted to reduce any sentence for an offense committed on or
  565  after October 1, 1995, if the inmate is, or has previously been,
  566  convicted of a violation of s. 794.011, s. 794.05, former s.
  567  796.03, former s. 796.035, s. 800.04, s. 825.1025, s. 827.03, s.
  568  827.071, s. 847.0133, s. 847.0135, s. 847.0137, s. 847.0138, s.
  569  847.0145, or s. 985.701(1), or a forcible felony offense that is
  570  specified in s. 776.08, except burglary as specified in s.
  571  810.02(4). An inmate subject to the 85 percent minimum service
  572  requirement pursuant to subparagraph (b)3. may not accumulate
  573  gain-time awards at any point when the tentative release date is
  574  the same as the 85 percent minimum service date of the sentence
  575  imposed. Under no circumstances may an inmate receive more than
  576  60 days for educational attainment pursuant to this section.
  577         (e) Notwithstanding subparagraph (b)3. and paragraph (d),
  578  for sentences imposed for offenses committed on or after October
  579  1, 2014, the department may not grant incentive gain-time if the
  580  offense is a violation of s. 782.04(1)(a)2.c.; s. 787.01(3)(a)2.
  581  or 3.; s. 787.02(3)(a)2. or 3.; s. 794.011, excluding s.
  582  794.011(10); s. 800.04; s. 825.1025; or s. 847.0135(5).
  583         Section 9. Section 944.31, Florida Statutes, is amended to
  584  read:
  585         944.31 Inspector general; inspectors; power and duties.—
  586         (1) The inspector general shall be responsible for prison
  587  inspection and investigation, internal affairs investigations,
  588  and management reviews. The office of the inspector general
  589  shall be charged with the duty of inspecting the penal and
  590  correctional systems of the state. The office of the inspector
  591  general shall inspect each correctional institution or any place
  592  in which state prisoners are housed, worked, or kept within the
  593  state, with reference to its physical conditions, cleanliness,
  594  sanitation, safety, and comfort; the quality and supply of all
  595  bedding; the quality, quantity, and diversity of food served and
  596  the manner in which it is served; the number and condition of
  597  the prisoners confined therein; and the general conditions of
  598  each institution. The office of inspector general shall see that
  599  all the rules and regulations issued by the department are
  600  strictly observed and followed by all persons connected with the
  601  correctional systems of the state. The office of the inspector
  602  general shall coordinate and supervise the work of inspectors
  603  throughout the state. The inspector general and inspectors may
  604  enter any place where prisoners in this state are kept and shall
  605  be immediately admitted to such place as they desire and may
  606  consult and confer with any prisoner privately and without
  607  molestation. The inspector general and inspectors shall be
  608  responsible for criminal and administrative investigation of
  609  matters relating to the Department of Corrections. The secretary
  610  may designate persons within the office of the inspector general
  611  as law enforcement officers to conduct any criminal
  612  investigation that occurs on property owned or leased by the
  613  department or involves matters over which the department has
  614  jurisdiction. A person designated as a law enforcement officer
  615  must be certified pursuant to s. 943.1395 and must have a
  616  minimum of 3 years’ experience as an inspector in the inspector
  617  general’s office or as a law enforcement officer.
  618         (2) The department, after consultation with the Florida
  619  Corrections Commission, shall maintain a written memorandum of
  620  understanding with the Department of Law Enforcement for the
  621  notification and investigation of mutually agreed-upon predicate
  622  events that shall include, but are not limited to, suspicious
  623  deaths and organized criminal activity. A copy of an active
  624  memorandum of understanding shall be provided in a timely manner
  625  to the Governor, the President of the Senate, and the Speaker of
  626  the House of Representatives.
  627         (3) During investigations, the inspector general and
  628  inspectors may consult and confer with any prisoner or staff
  629  member privately and without molestation and persons designated
  630  as law enforcement officers under this section shall have the
  631  authority to arrest, with or without a warrant, any prisoner of
  632  or visitor to a state correctional institution for a violation
  633  of the criminal laws of the state involving an offense
  634  classified as a felony that occurs on property owned or leased
  635  by the department and may arrest offenders who have escaped or
  636  absconded from custody. Persons designated as law enforcement
  637  officers have the authority to arrest with or without a warrant
  638  a staff member of the department, including any contract
  639  employee, for a violation of the criminal laws of the state
  640  involving an offense classified as a felony under this chapter
  641  or chapter 893 on property owned or leased by the department. A
  642  person designated as a law enforcement officer under this
  643  section may make arrests of persons against whom arrest warrants
  644  have been issued, including arrests of offenders who have
  645  escaped or absconded from custody. The arrested person shall be
  646  surrendered without delay to the sheriff of the county in which
  647  the arrest is made, with a formal complaint subsequently made
  648  against her or him in accordance with law.
  649         (4) The inspector general, and inspectors who conduct
  650  sexual abuse investigations in confinement settings, shall
  651  receive specialized training in conducting such investigations.
  652  The department shall be responsible for providing the
  653  specialized training. Specialized training shall include, but
  654  need not be limited to, techniques for interviewing sexual abuse
  655  victims, proper use of Miranda and Garrity warnings, sexual
  656  abuse evidence collection in confinement settings, and the
  657  criteria and evidence required to substantiate a case for
  658  administrative action or prosecution.
  659         Section 10. Section 944.331, Florida Statutes, is amended
  660  to read:
  661         944.331 Inmate grievance procedure.—
  662         (1) The department shall establish by rule an inmate
  663  grievance procedure, which that must conform to the Minimum
  664  Standards for Inmate Grievance Procedures as promulgated by the
  665  United States Department of Justice pursuant to 42 U.S.C. s.
  666  1997e. The department’s office of general counsel shall oversee
  667  the grievance procedures established by the department.
  668         (2) In establishing grievance procedures, the department
  669  shall provide multiple internal avenues for inmates to privately
  670  report sexual abuse and sexual harassment and any staff neglect
  671  of, or failure to perform, responsibilities which may have
  672  contributed to such incidents. The procedures must allow reports
  673  to be made in writing by third parties.
  674         (3) The department, in consultation with the Correctional
  675  Medical Authority, shall review inmate health care grievance
  676  procedures at each correctional institution and private
  677  correctional facility to determine the procedural soundness and
  678  effectiveness of the current health care grievance process, to
  679  identify employees prone to misconduct directly related to the
  680  delivery of health care services, and to identify life
  681  threatening inmate health concerns. The review shall determine
  682  whether inmate health care grievances are being properly
  683  reported, transmitted, and processed; inmates are allowed
  684  writing utensils and paper; multiple channels of communication
  685  exist to report alleged abuse related to the delivery of health
  686  care services; and protocols are being implemented to protect an
  687  inmate who filed a grievance concerning the delivery of health
  688  care from retaliation for filing a complaint alleging staff
  689  misconduct.
  690         (4) The department shall review inmate grievance procedures
  691  at each correctional institution and private correctional
  692  facility to determine the procedural soundness and effectiveness
  693  of the current grievance process, to identify employees prone to
  694  misconduct, and to identify life-threatening inmate safety
  695  concerns. The review shall determine whether inmate grievances
  696  are being properly reported, transmitted, and processed; inmates
  697  are allowed writing utensils and paper; multiple channels of
  698  communication exist to report alleged abuse; and protocols are
  699  being implemented to protect an inmate who filed a grievance
  700  from retaliation for filing a complaint alleging staff
  701  misconduct.
  702         (5) Beginning October 1, 2015, the department in
  703  consultation with the Correctional Medical Authority shall
  704  annually report, and post to their respective websites, their
  705  joint findings. The authority shall document in the report its
  706  findings on the effectiveness of inmate health care grievance
  707  procedures; cite the number of health care grievances filed by
  708  inmates, by institution and by region; specify the types of
  709  health care problems alleged by inmates; and summarize the
  710  actions taken by the department or the authority as a result of
  711  its investigation of inmate health care grievances.
  712         Section 11. Section 944.35, Florida Statutes, is amended to
  713  read:
  714         944.35 Authorized use of force; malicious battery and
  715  sexual misconduct prohibited; reporting required; penalties.—
  716         (1)(a) An employee of the department is authorized to apply
  717  physical force upon an inmate only when and to the extent that
  718  it reasonably appears necessary:
  719         1. To defend himself or herself or another against such
  720  other imminent use of unlawful force;
  721         2. To prevent a person from escaping from a state
  722  correctional institution when the officer reasonably believes
  723  that person is lawfully detained in such institution;
  724         3. To prevent damage to property;
  725         4. To quell a disturbance;
  726         5. To overcome physical resistance to a lawful command; or
  727         6. To administer medical treatment only by or under the
  728  supervision of a physician or his or her designee and only:
  729         a. When treatment is necessary to protect the health of
  730  other persons, as in the case of contagious or venereal
  731  diseases; or
  732         b. When treatment is offered in satisfaction of a duty to
  733  protect the inmate against self-inflicted injury or death.
  734  
  735  As part of the correctional officer training program, the
  736  Criminal Justice Standards and Training Commission shall develop
  737  a course specifically designed to explain the parameters of this
  738  subsection and to teach the proper methods and techniques in
  739  applying authorized physical force upon an inmate. Effective
  740  October 1, 2015, this course shall include specialized training
  741  for effectively managing in nonforceful ways mentally ill
  742  inmates who may exhibit erratic behavior.
  743         (b) Following any use of force, a qualified health care
  744  provider shall examine any person physically involved to
  745  determine the extent of injury, if any, and shall prepare a
  746  report which shall include, but not be limited to, a statement
  747  of whether further examination by a physician is necessary. The
  748  identity of the qualified health care provider on the report
  749  shall be designated by using an employee identification number
  750  in lieu of a name and signature. Any noticeable physical injury
  751  shall be examined by a physician, and the physician shall
  752  prepare a report documenting the extent and probable cause of
  753  the injury and the treatment prescribed. Such report shall be
  754  completed within 5 working days of the incident and shall be
  755  submitted to the warden for appropriate investigation.
  756         (c) Each institution shall create and maintain a system to
  757  track episodes involving the use of force to determine if
  758  inmates require subsequent physical or mental health treatment.
  759         (d) No later than October 1 of each year, the department
  760  shall post on the agency website a report documenting incidents
  761  involving the use of force during the previous fiscal year. The
  762  report shall include, but not be limited to:
  763         1. Descriptive statistics on the reason force was used and
  764  whether the use of force was deemed appropriate;
  765         2. Multi-year statistics documenting annual trends in the
  766  use of force;
  767         3.Statistical information on the level of inmate or
  768  officer injury, including death, in incidents involving the use
  769  of force;
  770         4. A breakdown, by institution, of statistics on use of
  771  force; and
  772         5. Statistics on the number of employees who were
  773  disciplined or terminated because of their involvement in
  774  incidents involving the inappropriate use of force, based on
  775  notations of such incidents in their personnel files.
  776         (2) Each employee of the department who either applies
  777  physical force or was responsible for making the decision to
  778  apply physical force upon an inmate or an offender supervised by
  779  the department in the community pursuant to this subsection
  780  shall prepare, date, and sign under oath an independent report
  781  within 1 working day of the incident. The report shall be
  782  delivered to the warden or the circuit administrator, who shall
  783  forward the report with all appropriate documentation to the
  784  office of the inspector general. The inspector general shall
  785  conduct a review and make recommendations regarding the
  786  appropriateness or inappropriateness of the use of force. If the
  787  inspector general finds that the use of force was appropriate,
  788  the employee’s report, together with the inspector general’s
  789  written determination of the appropriateness of the force used
  790  and the reasons therefor, shall be forwarded to the circuit
  791  administrator or warden upon completion of the review. If the
  792  inspector general finds that the use of force was inappropriate,
  793  the inspector general shall conduct a complete investigation
  794  into the incident and forward the findings of fact to the
  795  appropriate regional director for further action. Copies of the
  796  employee’s report and the inspector general’s review shall be
  797  kept in the files of the inmate or the offender supervised by
  798  the department in the community. A notation of each incident
  799  involving use of force and the outcome based on the inspector
  800  general’s evaluation shall be kept in the employee’s file. An
  801  employee with two or more notations in the employee’s file for
  802  inappropriate use of force incidents, as specified in s. 944.35,
  803  shall not be assigned to transitional care, crisis
  804  stabilization, or corrections mental health treatment facility
  805  inmate housing units as defined in Florida Administrative Code.
  806  However, an employee with two or more notations in the
  807  employee’s file who remains free of inappropriate use of force
  808  incidents for a significant period may be permitted to work in
  809  the transitional care, crisis stabilization, or corrections
  810  mental health treatment facility inmate housing units.
  811         (3)(a)1. Any employee of the department, private provider,
  812  or private correctional facility who, with malicious intent,
  813  commits a battery upon an inmate or an offender supervised by
  814  the department in the community, commits a misdemeanor of the
  815  first degree, punishable as provided in s. 775.082 or s.
  816  775.083.
  817         2. Any employee of the department, private provider, or
  818  private correctional facility who, with malicious intent,
  819  commits a battery or inflicts cruel or inhuman treatment by
  820  neglect or otherwise, and in so doing causes great bodily harm,
  821  permanent disability, or permanent disfigurement to an inmate or
  822  an offender supervised by the department in the community,
  823  commits a felony of the third degree, punishable as provided in
  824  s. 775.082, s. 775.083, or s. 775.084.
  825         (b)1. An employee of the department, private provider, or
  826  private correctional facility who:
  827         a. Willfully or by culpable negligence withholds food,
  828  water, clothing, shelter, supervision, medicine, or medical
  829  services from an inmate that a prudent person would consider
  830  essential for the well-being of the inmate; and
  831         b. Causes the inmate to suffer great bodily harm, permanent
  832  disability, or permanent disfigurement by such action;
  833  
  834  commits a felony of the third degree, punishable as provided in
  835  s. 775.082, s. 775.083, or s. 775.084.
  836         2. This section does not preclude prosecution for a
  837  criminal act under any other law.
  838         (c)(b)1. As used in this paragraph, the term “sexual
  839  misconduct” means the oral, anal, or vaginal penetration by, or
  840  union with, the sexual organ of another or the anal or vaginal
  841  penetration of another by any other object, but does not include
  842  an act done for a bona fide medical purpose or an internal
  843  search conducted in the lawful performance of the employee’s
  844  duty.
  845         2. Any employee of the department or a private correctional
  846  facility as defined in s. 944.710 who engages in sexual
  847  misconduct with an inmate or an offender supervised by the
  848  department in the community, without committing the crime of
  849  sexual battery, commits a felony of the third degree, punishable
  850  as provided in s. 775.082, s. 775.083, or s. 775.084.
  851         3. The consent of the inmate or offender supervised by the
  852  department in the community to any act of sexual misconduct may
  853  not be raised as a defense to a prosecution under this
  854  paragraph.
  855         4. This paragraph does not apply to any employee of the
  856  department or any employee of a private correctional facility
  857  who is legally married to an inmate or an offender supervised by
  858  the department in the community, nor does it apply to any
  859  employee who has no knowledge, and would have no reason to
  860  believe, that the person with whom the employee has engaged in
  861  sexual misconduct is an inmate or an offender under community
  862  supervision of the department.
  863         (d)(c) Notwithstanding prosecution, any violation of the
  864  provisions of this subsection, as determined by the Public
  865  Employees Relations Commission, shall constitute sufficient
  866  cause under s. 110.227 for dismissal from employment with the
  867  department, and such person shall not again be employed in any
  868  capacity in connection with the correctional system.
  869         (e)(d) Each employee who witnesses, or has reasonable cause
  870  to suspect, that an inmate or an offender under the supervision
  871  of the department in the community has been unlawfully abused or
  872  is the subject of sexual misconduct pursuant to this subsection
  873  shall immediately prepare, date, and sign an independent report
  874  specifically describing the nature of the force used or the
  875  nature of the sexual misconduct, the location and time of the
  876  incident, and the persons involved. The report shall be
  877  delivered to the inspector general of the department with a copy
  878  to be delivered to the warden of the institution or the regional
  879  administrator. The inspector general shall immediately conduct
  880  an appropriate investigation, and, if probable cause is
  881  determined that a violation of this subsection has occurred, the
  882  respective state attorney in the circuit in which the incident
  883  occurred shall be notified.
  884         (f) If an employee of the department, private provider, or
  885  private correctional facility who witnesses unlawful abuse or
  886  neglect or has reasonable cause to suspect that an inmate has
  887  been unlawfully abused or neglected, as prohibited by this
  888  section, fears retaliation by coworkers or supervisors if he or
  889  she submits a report as provided in this section, the employee
  890  may anonymously and confidentially report the inmate abuse or
  891  neglect directly to the department’s Office of Inspector
  892  General.
  893         (4)(a) Any employee required to report pursuant to this
  894  section who knowingly or willfully fails to do so, or who
  895  knowingly or willfully prevents another person from doing so,
  896  commits a misdemeanor of the first degree, punishable as
  897  provided in s. 775.082 or s. 775.083.
  898         (b) Any person who knowingly or willfully submits
  899  inaccurate, incomplete, or untruthful information with regard to
  900  reports required in this section commits a misdemeanor of the
  901  first degree, punishable as provided in s. 775.082 or s.
  902  775.083.
  903         (c) Any person who knowingly or willfully coerces or
  904  threatens any other person with the intent to alter either
  905  testimony or a written report regarding an incident where force
  906  was used or an incident of sexual misconduct commits a felony of
  907  the third degree, punishable as provided in s. 775.082, s.
  908  775.083, or s. 775.084.
  909  
  910  As part of the correctional officer training program, the
  911  Criminal Justice Standards and Training Commission shall develop
  912  course materials for inclusion in the appropriate required
  913  course specifically designed to explain the parameters of this
  914  subsection, teach communication techniques related to crisis
  915  stabilization to avoid the use of force, and to teach sexual
  916  assault identification and prevention methods and techniques.
  917         (5) The department shall establish a policy to protect from
  918  retaliation inmates and employees who report physical or sexual
  919  abuse. This policy shall establish multiple protective measures
  920  for both inmates and employees relating to the reporting of
  921  abuse as well as designate a method of monitoring follow up.
  922         (6) The department shall establish a usage and inventory
  923  policy to track, by institution, the use of chemical agents and
  924  the disposal of expired, used, or damaged canisters of chemical
  925  agents. The policy shall include, but not be limited to, a
  926  requirement that a numbered seal be affixed to each chemical
  927  agent canister in such a manner that the canister cannot be
  928  removed from the carrier without breaking the seal. All
  929  canisters in the carriers will be checked out at the beginning
  930  of each shift and checked back in at the end of the shift. The
  931  shift supervisor should be charged with verifying the condition
  932  of the numbered seals and periodically weighing random canisters
  933  to insure that they have not been used without the required
  934  documentation. All nonreactionary use of force incidents using
  935  chemical agents shall be videotaped.
  936         Section 12. Section 944.8041, Florida Statutes, is amended
  937  to read:
  938         944.8041 Elderly offenders; annual review.—
  939         (1) For the purpose of providing information to the
  940  Legislature on elderly offenders within the correctional system,
  941  the department and the Correctional Medical Authority shall each
  942  submit annually a report on the status and treatment of elderly
  943  offenders in the state-administered and private state
  944  correctional systems and the department’s geriatric facilities
  945  and dorms. In order to adequately prepare the reports, the
  946  department and the Department of Management Services shall grant
  947  access to the Correctional Medical Authority that includes
  948  access to the facilities, offenders, and any information the
  949  agencies require to complete their reports. The review shall
  950  also include an examination of promising geriatric policies,
  951  practices, and programs currently implemented in other
  952  correctional systems within the United States. The reports, with
  953  specific findings and recommendations for implementation, shall
  954  be submitted to the President of the Senate and the Speaker of
  955  the House of Representatives on or before December 31 of each
  956  year.
  957         (2) The department, in producing the annual report required
  958  under s. 20.315, shall report the cost of health care provided
  959  to elderly inmates. The report shall include, but need not be
  960  limited to, the average cost per year to incarcerate an elderly
  961  inmate and the types of health care delivered to elderly inmates
  962  which result in the highest expenditures.
  963         Section 13. Section 944.805, Florida Statutes, is created
  964  to read:
  965         944.805 Veterans programs in state and private correctional
  966  institutions.—
  967         (1) The Legislature finds and declares that specialized
  968  programs for veterans offered in state and private correctional
  969  institutions have the potential to facilitate inmate
  970  institutional adjustment, help inmates assume personal
  971  responsibility, and ease community reentry through the
  972  availability of expanded community resources. For the purposes
  973  of this section, the term “veteran” has the same meaning as it
  974  is defined in s. 1.01(14).
  975         (2) It is the intent of the Legislature that the department
  976  expand the use of specialized dormitories for veterans. It is
  977  also the intent of the Legislature that veterans housed in state
  978  and private correctional institutions be provided special
  979  assistance before their release by identifying benefits and
  980  services available in the community where the veteran plans to
  981  reside.
  982         (3) The department shall measure recidivism rates for
  983  veterans who have participated in specialized dormitories and
  984  for veterans who have received special assistance in community
  985  reentry. The findings shall be included in the annual report
  986  required under s. 20.315.
  987         Section 14. Paragraph (h) is added to subsection (2) of
  988  section 945.10, Florida Statutes, to read:
  989         945.10 Confidential information.—
  990         (2) The records and information specified in paragraphs
  991  (1)(a)-(h) may be released as follows unless expressly
  992  prohibited by federal law:
  993         (h) Information specified in paragraphs (1)(a)-(h) to the
  994  Florida Corrections Commission.
  995  
  996  Records and information released under this subsection remain
  997  confidential and exempt from the provisions of s. 119.07(1) and
  998  s. 24(a), Art. I of the State Constitution when held by the
  999  receiving person or entity.
 1000         Section 15. Effective upon SB 540 or similar legislation
 1001  creating the “State Operated Institutions Inmate Welfare Trust
 1002  Fund” being adopted in the 2015 Regular Session or an extension
 1003  thereof and becoming law, subsection (1) of section 945.215,
 1004  Florida Statutes, is amended, present subsections (2) and (3)
 1005  are redesignated as subsections (3) and (4), respectively, and a
 1006  new subsection (2) is added to that section, to read:
 1007         945.215 Inmate welfare and employee benefit trust funds.—
 1008         (1) INMATE PURCHASES; DEPARTMENT OF CORRECTIONS; STATE
 1009  OPERATED INSTITUTIONS INMATE WELFARE TRUST FUND.—
 1010         (a) The From the net proceeds from operating inmate
 1011  canteens, vending machines used primarily by inmates and
 1012  visitors, hobby shops, and other such facilities must be
 1013  deposited in the State Operated Institutions Inmate Welfare
 1014  Trust Fund or, as set forth in this section, in the General
 1015  Revenue Fund; however, funds necessary to purchase items for
 1016  resale at inmate canteens and vending machines must be deposited
 1017  into local bank accounts designated by the department.
 1018         (b) All proceeds from contracted telephone commissions must
 1019  be deposited in the State Operated Institutions Inmate Welfare
 1020  Trust Fund or, as set forth in this section, in the General
 1021  Revenue Fund. The department shall develop and update, as
 1022  necessary, administrative procedures to verify that:
 1023         1. Contracted telephone companies accurately record and
 1024  report all telephone calls made by inmates incarcerated in
 1025  correctional facilities under the department’s jurisdiction;
 1026         2. Persons who accept collect calls from inmates are
 1027  charged the contracted rate; and
 1028         3. The department receives the contracted telephone
 1029  commissions.
 1030         (c) Any funds that may be assigned by inmates or donated to
 1031  the department by the general public or an inmate service
 1032  organization must be deposited in the State Operated
 1033  Institutions Inmate Welfare Trust Fund or, as set forth in this
 1034  section, in the General Revenue Fund; however, the department
 1035  shall not accept any donation from, or on behalf of, any
 1036  individual inmate.
 1037         (d) All proceeds from the following sources must be
 1038  deposited in the State Operated Institutions Inmate Welfare
 1039  Trust Fund or, as set forth in this section, in the General
 1040  Revenue Fund:
 1041         1. The confiscation and liquidation of any contraband found
 1042  upon, or in the possession of, any inmate;
 1043         2. Disciplinary fines imposed against inmates;
 1044         3. Forfeitures of inmate earnings; and
 1045         4. Unexpended balances in individual inmate trust fund
 1046  accounts of less than $1.
 1047         (e) Items for resale at inmate canteens and vending
 1048  machines maintained at the correctional facilities shall be
 1049  priced comparatively with like items for retail sale at fair
 1050  market prices.
 1051         (f) Notwithstanding any other provision of law, inmates
 1052  with sufficient balances in their individual inmate bank trust
 1053  fund accounts, after all debts against the account are
 1054  satisfied, shall be allowed to request a weekly draw of up to an
 1055  amount set by the Secretary of Corrections, not to exceed $100,
 1056  to be expended for personal use on canteen and vending machine
 1057  items.
 1058         (2)(a) The State Operated Institutions Inmate Welfare Trust
 1059  Fund constitutes a trust held by the department for the benefit
 1060  and welfare of inmates incarcerated in correctional facilities
 1061  operated directly by the department.
 1062         (b) Deposits into the State Operated Institutions Inmate
 1063  Welfare Trust Fund shall not exceed a total of $5 million in any
 1064  fiscal year. Any proceeds or funds that would cause deposits
 1065  into the State Operated Institutions Inmate Welfare Trust Fund
 1066  to exceed this restriction shall be deposited into the General
 1067  Revenue Fund.
 1068         (c) Funds in the State Operated Institutions Inmate Welfare
 1069  Trust Fund shall be used exclusively for the following purposes
 1070  at correctional facilities operated by the department:
 1071         1. To provide literacy programs, vocational training
 1072  programs, and educational programs;
 1073         2. To operate inmate chapels, faith-based programs,
 1074  visiting pavilions, visiting services and programs, family
 1075  services and programs, and libraries;
 1076         3. To provide inmate substance abuse treatment programs and
 1077  transition and life skills training programs;
 1078         4. To provide for the purchase, rental, maintenance or
 1079  repair of electronic or audio visual equipment used by inmates;
 1080         5. To provide for the purchase, rental, maintenance or
 1081  repair of recreation and wellness equipment; or
 1082         6. To provide for the purchase, rental, maintenance, or
 1083  repair of bicycles used by inmates traveling to and from
 1084  employment in the work-release program authorized in s.
 1085  945.091(1)(b).
 1086         (d)Funds in the State Operated Institutions Inmate Welfare
 1087  Trust Fund shall be expended only pursuant to legislative
 1088  appropriation.
 1089         (e) The department shall annually compile a report that
 1090  specifically documents State Operated Institutions Inmate
 1091  Welfare Trust Fund receipts and expenditures. This report shall
 1092  be compiled at both the statewide and institutional levels. The
 1093  department must submit this report for the previous fiscal year
 1094  by September 1 of each year to the chairs of the appropriate
 1095  substantive and fiscal committees of the Senate and the House of
 1096  Representatives and to the Executive Office of the Governor.
 1097         (f) Funds in the State Operated Institutions Inmate Welfare
 1098  Trust Fund or any other fund may not be used to purchase weight
 1099  training equipment.
 1100         Section 16. Subsection (7) is added to section 945.48,
 1101  Florida Statutes, to read:
 1102         945.48 Rights of inmates provided mental health treatment;
 1103  procedure for involuntary treatment; correctional officer
 1104  staffing requirements.—
 1105         (7) CORRECTIONAL OFFICER STAFFING.—A correctional officer
 1106  who has close contact with inmates housed in a mental health
 1107  treatment facility shall annually complete training in crisis
 1108  intervention. An employee with two or more notations in the
 1109  employee’s file for inappropriate use of force incidents, as
 1110  specified in s. 944.35, may not be assigned to transitional
 1111  care, crisis stabilization, or corrections mental health
 1112  treatment facility inmate housing units as defined in the
 1113  Florida Administrative Code. However, an employee with two or
 1114  more notations in the employee’s file who remains free of
 1115  inappropriate use of force incidents for a significant period
 1116  may be permitted to work in the transitional care, crisis
 1117  stabilization, or corrections mental health treatment facility
 1118  inmate housing units.
 1119         Section 17. Subsection (2) of section 945.6031, Florida
 1120  Statutes, is amended to read:
 1121         945.6031 Required reports and surveys.—
 1122         (2) The authority shall conduct surveys of the physical and
 1123  mental health care system at each correctional institution at
 1124  least every 18 months triennially and shall report the survey
 1125  findings for each institution to the Secretary of Corrections.
 1126         Section 18. Section 945.6033, Florida Statutes, is amended
 1127  to read:
 1128         945.6033 Continuing contracts with health care providers.—
 1129         (1) The Department of Corrections may enter into continuing
 1130  contracts with licensed health care providers, including
 1131  hospitals and health maintenance organizations, for the
 1132  provision of inmate health care services which the department is
 1133  unable to provide in its facilities.
 1134         (2) The Department of Corrections, in negotiating contracts
 1135  for the delivery of inmate health care, shall only enter into
 1136  contracts which contain damage provisions.
 1137         Section 19. Subsection (1) of section 945.6034, Florida
 1138  Statutes, is amended to read:
 1139         945.6034 Minimum health care standards.—
 1140         (1) The Assistant Secretary for Health Services is
 1141  responsible for developing a comprehensive health care delivery
 1142  system and promulgating all department health care standards.
 1143  Such health care standards shall include, but are not limited
 1144  to, rules relating to the management structure of the health
 1145  care system and the provision of health care services to
 1146  inmates, health care policies, health care plans, quality
 1147  management systems and procedures, health service bulletins, and
 1148  treatment protocols. In establishing standards of care, the
 1149  department shall examine and consider the needs of inmates over
 1150  50 years of age and adopt health care standards unique to this
 1151  population.
 1152         Section 20. Section 945.6039, Florida Statutes, is created
 1153  to read:
 1154         945.6039 Independent Medical Evaluations and Examinations.
 1155  The department shall promulgate rules and permit an inmate’s
 1156  family member, lawyer, or interested party to hire and pay for
 1157  an independent medical evaluation or examination by a medical
 1158  professional of an incarcerated inmate. The results of the
 1159  medical evaluation or examination shall be provided to the
 1160  department and to the Commission on Offender Review. The purpose
 1161  of these outside evaluations is to assist in the delivery of
 1162  medical care to the inmate and to assist the Commission on
 1163  Offender Review in considering an inmate for conditional medical
 1164  release. Inmates at all department facilities and the contracted
 1165  private correctional facilities are eligible for consideration
 1166  to arrange for these medical evaluations. The department’s
 1167  contracted private health care providers may also provide such
 1168  medical evaluations. The department, the private correctional
 1169  facilities, and private health care providers shall provide
 1170  reasonable and timely access to the inmate once a family member,
 1171  lawyer, or interested party provides a written request for
 1172  access.
 1173         Section 21. Present paragraphs (a) and (b) of subsection
 1174  (1) of section 947.149, Florida Statutes, are redesignated as
 1175  paragraphs (b) and (c), respectively, and a new paragraph (a) is
 1176  added to that subsection, to read:
 1177         947.149 Conditional medical release.—
 1178         (1) The commission shall, in conjunction with the
 1179  department, establish the conditional medical release program.
 1180  An inmate is eligible for consideration for release under the
 1181  conditional medical release program when the inmate, because of
 1182  an existing medical or physical condition, is determined by the
 1183  department to be within one of the following designations:
 1184         (a) “Elderly and infirm inmate,” which means an inmate who
 1185  has no current or prior convictions for capital or first degree
 1186  felonies, who has no current or prior convictions for sexual
 1187  offenses or offenses against children, who is over 70 years of
 1188  age, and who has a condition caused by injury, disease, or
 1189  illness which, to a reasonable degree of medical certainty,
 1190  renders the inmate infirm or physically impaired to the extent
 1191  that the inmate does not constitute a danger to himself or
 1192  herself or others.
 1193         Section 22. Subsection (5) of section 948.10, Florida
 1194  Statutes, is amended to read:
 1195         948.10 Community control programs.—
 1196         (5) In its annual report to the Governor, the President of
 1197  the Senate, and the Speaker of the House of Representatives
 1198  under s. 20.315(6) s. 20.315(5), the department shall include a
 1199  detailed analysis of the community control program and the
 1200  department’s specific efforts to protect the public from
 1201  offenders placed on community control. The analysis must
 1202  include, but need not be limited to, specific information on the
 1203  department’s ability to meet minimum officer-to-offender contact
 1204  standards, the number of crimes committed by offenders on
 1205  community control, and the level of community supervision
 1206  provided.
 1207         Section 23. Subsection (1) of section 951.221, Florida
 1208  Statutes, is amended to read:
 1209         951.221 Sexual misconduct between detention facility
 1210  employees and inmates; penalties.—
 1211         (1) Any employee of a county or municipal detention
 1212  facility or of a private detention facility under contract with
 1213  a county commission who engages in sexual misconduct, as defined
 1214  in s. 944.35(3)(c)1. s. 944.35(3)(b)1., with an inmate or an
 1215  offender supervised by the facility without committing the crime
 1216  of sexual battery commits a felony of the third degree,
 1217  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1218  The consent of an inmate to any act of sexual misconduct may not
 1219  be raised as a defense to prosecution under this section.
 1220         Section 24. For the purpose of incorporating the amendment
 1221  made by this act to section 944.35, Florida Statutes, in a
 1222  reference thereto, paragraph (uu) of subsection (2) of section
 1223  435.04, Florida Statutes, is reenacted to read:
 1224         435.04 Level 2 screening standards.—
 1225         (2) The security background investigations under this
 1226  section must ensure that no persons subject to the provisions of
 1227  this section have been arrested for and are awaiting final
 1228  disposition of, have been found guilty of, regardless of
 1229  adjudication, or entered a plea of nolo contendere or guilty to,
 1230  or have been adjudicated delinquent and the record has not been
 1231  sealed or expunged for, any offense prohibited under any of the
 1232  following provisions of state law or similar law of another
 1233  jurisdiction:
 1234         (uu) Section 944.35(3), relating to inflicting cruel or
 1235  inhuman treatment on an inmate resulting in great bodily harm.
 1236         Section 25. For the purpose of incorporating the amendment
 1237  made by this act to section 944.35, Florida Statutes, in a
 1238  reference thereto, paragraph (f) of subsection (3) of section
 1239  921.0022, Florida Statutes, is reenacted to read:
 1240         921.0022 Criminal Punishment Code; offense severity ranking
 1241  chart.—
 1242         (3) OFFENSE SEVERITY RANKING CHART
 1243         (f) LEVEL 6
 1244  
 1245  FloridaStatute              FelonyDegree        Description        
 1246  316.027(2)(b)                    2nd     Leaving the scene of a crash involving serious bodily injury.
 1247  316.193(2)(b)                    3rd     Felony DUI, 4th or subsequent conviction.
 1248  499.0051(3)                      2nd     Knowing forgery of pedigree papers.
 1249  499.0051(4)                      2nd     Knowing purchase or receipt of prescription drug from unauthorized person.
 1250  499.0051(5)                      2nd     Knowing sale or transfer of prescription drug to unauthorized person.
 1251  775.0875(1)                      3rd     Taking firearm from law enforcement officer.
 1252  784.021(1)(a)                    3rd     Aggravated assault; deadly weapon without intent to kill.
 1253  784.021(1)(b)                    3rd     Aggravated assault; intent to commit felony.
 1254  784.041                          3rd     Felony battery; domestic battery by strangulation.
 1255  784.048(3)                       3rd     Aggravated stalking; credible threat.
 1256  784.048(5)                       3rd     Aggravated stalking of person under 16.
 1257  784.07(2)(c)                     2nd     Aggravated assault on law enforcement officer.
 1258  784.074(1)(b)                    2nd     Aggravated assault on sexually violent predators facility staff.
 1259  784.08(2)(b)                     2nd     Aggravated assault on a person 65 years of age or older.
 1260  784.081(2)                       2nd     Aggravated assault on specified official or employee.
 1261  784.082(2)                       2nd     Aggravated assault by detained person on visitor or other detainee.
 1262  784.083(2)                       2nd     Aggravated assault on code inspector.
 1263  787.02(2)                        3rd     False imprisonment; restraining with purpose other than those in s. 787.01.
 1264  790.115(2)(d)                    2nd     Discharging firearm or weapon on school property.
 1265  790.161(2)                       2nd     Make, possess, or throw destructive device with intent to do bodily harm or damage property.
 1266  790.164(1)                       2nd     False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
 1267  790.19                           2nd     Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
 1268  794.011(8)(a)                    3rd     Solicitation of minor to participate in sexual activity by custodial adult.
 1269  794.05(1)                        2nd     Unlawful sexual activity with specified minor.
 1270  800.04(5)(d)                     3rd     Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
 1271  800.04(6)(b)                     2nd     Lewd or lascivious conduct; offender 18 years of age or older.
 1272  806.031(2)                       2nd     Arson resulting in great bodily harm to firefighter or any other person.
 1273  810.02(3)(c)                     2nd     Burglary of occupied structure; unarmed; no assault or battery.
 1274  810.145(8)(b)                    2nd     Video voyeurism; certain minor victims; 2nd or subsequent offense.
 1275  812.014(2)(b)1.                  2nd     Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
 1276  812.014(6)                       2nd     Theft; property stolen $3,000 or more; coordination of others.
 1277  812.015(9)(a)                    2nd     Retail theft; property stolen $300 or more; second or subsequent conviction.
 1278  812.015(9)(b)                    2nd     Retail theft; property stolen $3,000 or more; coordination of others.
 1279  812.13(2)(c)                     2nd     Robbery, no firearm or other weapon (strong-arm robbery).
 1280  817.4821(5)                      2nd     Possess cloning paraphernalia with intent to create cloned cellular telephones.
 1281  825.102(1)                       3rd     Abuse of an elderly person or disabled adult.
 1282  825.102(3)(c)                    3rd     Neglect of an elderly person or disabled adult.
 1283  825.1025(3)                      3rd     Lewd or lascivious molestation of an elderly person or disabled adult.
 1284  825.103(3)(c)                    3rd     Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
 1285  827.03(2)(c)                     3rd     Abuse of a child.         
 1286  827.03(2)(d)                     3rd     Neglect of a child.       
 1287  827.071(2) & (3)                 2nd     Use or induce a child in a sexual performance, or promote or direct such performance.
 1288  836.05                           2nd     Threats; extortion.       
 1289  836.10                           2nd     Written threats to kill or do bodily injury.
 1290  843.12                           3rd     Aids or assists person to escape.
 1291  847.011                          3rd     Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
 1292  847.012                          3rd     Knowingly using a minor in the production of materials harmful to minors.
 1293  847.0135(2)                      3rd     Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
 1294  914.23                           2nd     Retaliation against a witness, victim, or informant, with bodily injury.
 1295  944.35(3)(a)2.                   3rd     Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
 1296  944.40                           2nd     Escapes.                  
 1297  944.46                           3rd     Harboring, concealing, aiding escaped prisoners.
 1298  944.47(1)(a)5.                   2nd     Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
 1299  951.22(1)                        3rd     Intoxicating drug, firearm, or weapon introduced into county facility.
 1300  
 1301         Section 26. For the purpose of incorporating the amendment
 1302  made by this act to section 945.215, Florida Statutes, in a
 1303  reference thereto, subsection (1) of section 944.72, Florida
 1304  Statutes, is reenacted to read:
 1305         944.72 Privately Operated Institutions Inmate Welfare Trust
 1306  Fund.—
 1307         (1) There is hereby created in the Department of
 1308  Corrections the Privately Operated Institutions Inmate Welfare
 1309  Trust Fund. The purpose of the trust fund shall be the benefit
 1310  and welfare of inmates incarcerated in private correctional
 1311  facilities under contract with the department pursuant to this
 1312  chapter or the Department of Management Services pursuant to
 1313  chapter 957. Moneys shall be deposited in the trust fund and
 1314  expenditures made from the trust fund as provided in s. 945.215.
 1315         Section 27. For the purpose of incorporating the amendment
 1316  made by this act to section 945.215, Florida Statutes, in a
 1317  reference thereto, subsection (1) of section 945.21501, Florida
 1318  Statutes, is reenacted to read:
 1319         945.21501 Employee Benefit Trust Fund.—
 1320         (1) There is hereby created in the Department of
 1321  Corrections the Employee Benefit Trust Fund. The purpose of the
 1322  trust fund shall be to:
 1323         (a) Construct, operate, and maintain training and
 1324  recreation facilities at correctional facilities for the
 1325  exclusive use of department employees. Any facility constructed
 1326  using funds from the Employee Benefit Trust Fund is the property
 1327  of the department and must provide the maximum benefit to all
 1328  interested employees, regardless of gender.
 1329         (b) Provide funding for employee appreciation programs and
 1330  activities designed to enhance the morale of employees.
 1331  
 1332  Moneys shall be deposited in the trust fund as provided in s.
 1333  945.215.
 1334         Section 28. For the purpose of incorporating the amendment
 1335  made by this act to section 945.215, Florida Statutes, in a
 1336  reference thereto, section 945.2151, Florida Statutes, is
 1337  reenacted to read:
 1338         945.2151 Verifying social security numbers.—Prior to
 1339  opening a canteen account pursuant to s. 945.215, an inmate who
 1340  is eligible to receive a social security number must report his
 1341  or her social security number. The department shall, in
 1342  adherence with its agreement with the Social Security
 1343  Administration and in a timely manner, submit sufficient and
 1344  necessary information to verify that the reported inmate’s
 1345  social security number is accurate and properly belongs to the
 1346  inmate. If the Social Security Administration is unable to
 1347  verify a reported social security number for an inmate, the
 1348  department shall prohibit canteen purchases by the inmate if the
 1349  department concludes that the inmate was deceptive in reporting
 1350  the social security number. The prohibition against purchasing
 1351  canteen items will remain in effect until a verified social
 1352  security number is obtained.
 1353         Section 29. The sum of $808,709 is appropriated to the
 1354  Corrections Commission from recurring general revenue funds for
 1355  the 2015-2016 fiscal year and eight full-time equivalent
 1356  positions are authorized with salary of $525,000 and associated
 1357  salary rate of 525,000, benefits of $204,650, and standard
 1358  expenses of $79,059. The sum of $400,000 is appropriated to the
 1359  commission from recurring general revenue funds for the 2015
 1360  2016 fiscal year, which funds shall be used for travel and
 1361  expenses of the commissioners and commission employees. The sum
 1362  of $96,000 is appropriated to the commission from nonrecurring
 1363  general revenue for the 2015-2016 fiscal year, which funds shall
 1364  be used to purchase vehicles for use by employees of the
 1365  commission.
 1366         Section 30. The sum of $439,548 is appropriated to the
 1367  Correctional Medical Authority from recurring general revenue
 1368  funds for the 2015-2016 fiscal year and an additional six full
 1369  time equivalent positions are authorized with salary of $276,000
 1370  and associated salary rate of 276,000, benefits of $103,260, and
 1371  standard expenses of $60,288. The sum of $350,000 is
 1372  appropriated to the authority from recurring general revenue
 1373  funds for the 2015-2016 fiscal year for health surveyor contract
 1374  fees.
 1375         Section 31. The sum of $1,000,000 is appropriated to the
 1376  Department of Corrections from recurring general revenue for the
 1377  2015-2016 fiscal year for expenses to provide crisis
 1378  intervention training for correctional officers who have close
 1379  contact with inmates housed in a mental health treatment
 1380  facility, as required by this act.
 1381         Section 32. The sum of $5,000,000 in recurring funds is
 1382  appropriated from the State Operated Institutions Inmate Welfare
 1383  Trust Fund to the Department of Corrections for the following
 1384  purposes:
 1385         1. To provide literacy programs, vocational training
 1386  programs, and educational programs;
 1387         2. To operate inmate chapels, faith-based programs,
 1388  visiting pavilions, visiting services and programs, family
 1389  services and programs, and libraries;
 1390         3. To provide inmate substance abuse treatment programs and
 1391  transition and life skills training programs;
 1392         4. To provide for the purchase, rental, maintenance or
 1393  repair of electronic or audio visual equipment used by inmates;
 1394         5. To provide for the purchase, rental, maintenance or
 1395  repair of recreation and wellness equipment; or
 1396         6. To provide for the purchase, rental, maintenance, or
 1397  repair of bicycles used by inmates traveling to and from
 1398  employment in the work-release program authorized in s.
 1399  945.091(1)(b).
 1400  
 1401  This appropriation is contingent on SB 540 or similar
 1402  legislation creating the “State Operated Institutions Inmate
 1403  Welfare Trust Fund” being adopted in the 2015 Regular Session or
 1404  an extension thereof and becoming law.
 1405         Section 33. Except as otherwise provided in this act, this
 1406  act shall take effect July 1, 2015.