Florida Senate - 2022 SB 1236
By Senator Jones
35-00828-22 20221236__
1 A bill to be entitled
2 An act relating to county and municipal detention
3 facilities; amending s. 951.23, F.S.; revising the
4 definitions of the terms “county detention facility”
5 and “municipal detention facility”; creating the
6 Florida Model Jail Standards Commission to supersede a
7 working group; prescribing the commission’s
8 membership; specifying that each entity that operates
9 a municipal or county detention facility shall adopt
10 the Florida Model Jail Standards approved by the
11 commission; specifying minimum commission standards;
12 creating s. 951.2302, F.S.; defining terms; requiring
13 the jail standards to include criteria and standards
14 for what actions result in serious violations and
15 notable violations; specifying that the jail standards
16 must require that each county detention facility and
17 municipal detention facility be inspected, at a
18 minimum, twice annually; prohibiting any person in
19 charge of a county detention facility or municipal
20 detention facility from refusing to be inspected or
21 refusing access to commission inspectors; providing
22 annual inspection requirements; providing procedures
23 and requirements for reinspections of detention
24 facilities due to noncompliance; providing timeframes
25 within which detention facilities must correct
26 violations; providing financial penalties for persons
27 in charge of detention facilities who refuse to allow
28 inspections or who refuse to provide access to
29 detention facilities, or for facilities found to be
30 noncompliant with the jail standards during an annual
31 inspection or any reinspection; requiring certain
32 noncompliant detention facilities to cease operations
33 and contract with other detention facilities for
34 inmate housing under certain circumstances; requiring
35 that the assessed financial penalties be deposited
36 into the detention facility’s inmate welfare fund;
37 providing an effective date.
38
39 Be It Enacted by the Legislature of the State of Florida:
40
41 Section 1. Paragraphs (a) and (d) of subsection (1) and
42 paragraph (a) of subsection (4) of section 951.23, Florida
43 Statutes, are amended to read:
44 951.23 County and municipal detention facilities;
45 definitions; administration; standards and requirements.—
46 (1) DEFINITIONS.—As used in this section, the term:
47 (a) “County detention facility” means a county jail, a
48 county stockade, a county work camp, a county residential
49 probation center, and any other place except a municipal
50 detention facility used by a county or county officer for the
51 detention of persons charged with or convicted of a either
52 felony or a misdemeanor, regardless of whether such facility is
53 operated by a board of county commissioners, a sheriff, or any
54 other entity.
55 (d) “Municipal detention facility” means a city jail, a
56 city stockade, a city prison camp, and any other place except a
57 county detention facility used by a municipality or municipal
58 officer for the detention of persons charged with or convicted
59 of violation of municipal laws or ordinances, regardless of
60 whether such facility is operated by a city or any other entity.
61 (4) STANDARDS FOR SHERIFFS AND CHIEF CORRECTIONAL
62 OFFICERS.—
63 (a) There is shall be established the Florida Model Jail
64 Standards Commission, a seven-member commission five-member
65 working group consisting of four three persons appointed by the
66 Florida Sheriffs Association, three of whom must be currently
67 elected sheriffs and one of whom must be a Florida licensed
68 physician with at least 2 years of experience in correctional
69 health care, and three two persons appointed by the Florida
70 Association of Counties, of whom one must be a currently elected
71 county commissioner, one must be an experienced jail
72 administrator of a Florida county jail operated by a county, and
73 one must be a Florida licensed psychiatrist with at least 2
74 years of experience in correctional psychiatry, to develop and
75 maintain minimum model standards for county and municipal
76 detention facilities. Every sheriff, county, city, or other
77 entity that operates a municipal detention facility or a county
78 detention facility By October 1, 1996, each sheriff and chief
79 correctional officer shall adopt, at a minimum, the Florida
80 Model Jail Standards approved by the commission with reference
81 to all of the following:
82 1.a. The construction, equipping, maintenance, and
83 operation of county and municipal detention facilities.
84 b. The cleanliness and sanitation of county and municipal
85 detention facilities; the number of county and municipal
86 prisoners who may be housed therein per specified unit of floor
87 space; the quality, quantity, and supply of bedding furnished to
88 such prisoners; the quality, quantity, and diversity of food
89 served to them and the manner in which it is served; the
90 furnishing to them of medical attention and health and comfort
91 items; and the disciplinary treatment which may be meted out to
92 them.
93
94 Notwithstanding the provisions of the otherwise applicable
95 building code, a reduced custody housing area may be occupied by
96 inmates or may be used for sleeping purposes as allowed in
97 subsection (7). The sheriff or chief correctional officer shall
98 provide that a reduced custody housing area shall be governed by
99 fire and life safety standards which do not interfere with the
100 normal use of the facility and which affect a reasonable degree
101 of compliance with rules of the State Fire Marshal for
102 correctional facilities.
103 2. The confinement of prisoners by classification and
104 providing, whenever possible, for classifications which separate
105 males from females, juveniles from adults, and felons from
106 misdemeanants, and those awaiting trial from those convicted
107 and, in addition, providing for the separation of special risk
108 prisoners, such as the mentally ill, alcohol or narcotic
109 addicts, sex deviates, suicide risks, and any other
110 classification which the local unit may deem necessary for the
111 safety of the prisoners and the operation of the facility
112 pursuant to degree of risk and danger criteria. Nondangerous
113 felons may be housed with misdemeanants. Special consideration
114 must be given to the appropriate housing of pregnant women.
115 3. The additional jail standard requirements provided for
116 under s. 951.2302.
117 Section 2. Section 951.2302, Florida Statutes, is created
118 to read:
119 951.2302 Inspection of county and municipal detention
120 facilities; penalties for noncompliance with jail standards.—
121 (1) DEFINITIONS.—As used in this section, the term:
122 (a) “Commission” means the Florida Model Jail Standards
123 Commission as provided in s. 951.23(4)(a).
124 (b) “County detention facility” has the same meaning as in
125 s. 951.23.
126 (c) “Jail standards” means the Florida Model Jail Standards
127 established by the commission, as set forth in s. 951.23(4)(a).
128 (d) “Municipal detention facility” has the same meaning as
129 in s. 951.23.
130 (2) VIOLATIONS CRITERIA.—The jail standards must create and
131 identify criteria and standards for which noncompliance with
132 those provisions results in a serious violation or a notable
133 violation.
134 (3) TYPE AND FREQUENCY OF INSPECTIONS.—The jail standards
135 must require that each county detention facility and municipal
136 detention facility be inspected, at a minimum, twice annually,
137 as outlined in this section, for compliance with the jail
138 standards. Each inspection must occur at least 120 days apart. A
139 county detention facility or municipal detention facility may
140 not refuse to be inspected or refuse access to the facility by
141 commission inspectors. If any person in charge of a county
142 detention facility or municipal detention facility refuses to
143 allow inspection of the facility or to provide access to the
144 facility, he or she shall be subject to the penalties in
145 paragraph (5)(f).
146 (a) One of the annual inspections must be announced, with
147 advance notice of the date on which the inspection will commence
148 provided to the detention facility. The announced annual
149 inspection must include an inspection of compliance with all
150 jail standards.
151 (b) One of the annual inspections must be a limited,
152 unannounced inspection, with no advance notice provided to the
153 detention facility. The scope of the unannounced annual
154 inspection must be limited to a review for serious violations.
155 (4) REINSPECTIONS.—
156 (a) If an announced or unannounced annual inspection finds
157 a detention facility to be noncompliant with the jail standards
158 for a notable violation, the facility must correct the
159 noncompliance within 30 days and must be reinspected within 10
160 days after the 30-day correction period, or upon the facility
161 notifying the commission that it has corrected its
162 noncompliance, whichever is earlier. If upon reinspection the
163 detention facility is still found to be noncompliant, the
164 facility must correct the noncompliance within 15 days and must
165 have a second reinspection within 48 hours thereafter. If the
166 detention facility is found to be noncompliant during the second
167 reinspection, the penalties and procedures set forth in
168 paragraph (5)(e) shall apply. This paragraph does not prevent
169 reinspection from occurring before the expiration of the
170 timeframes stated in this paragraph if a detention facility
171 notifies the commission that it has cured the noncompliance
172 before the expiration of such timeframes.
173 (b) If an announced or unannounced annual inspection finds
174 a detention facility to be noncompliant with the jail standards
175 for a serious violation, the facility must correct the
176 noncompliance within 24 hours and must be reinspected within 48
177 hours after the violation was first observed. This paragraph
178 does not prevent reinspection from occurring before the
179 expiration of the 24-hour period if a detention facility
180 notifies the commission that it has cured the noncompliance
181 before such time. If the detention facility is found to be
182 noncompliant during the reinspection, the penalties and
183 procedures set forth in paragraph (5)(e) shall apply.
184 (5) PENALTIES FOR NONCOMPLIANCE WITH JAIL STANDARDS.—The
185 following penalties shall apply to any person in charge of a
186 detention facility who refuses to allow an inspection or to
187 provide access to a facility, or to a detention facility that is
188 found to be noncompliant with the jail standards during an
189 annual inspection or any reinspection:
190 (a) If an annual inspection reveals that a detention
191 facility is noncompliant with the jail standards for a notable
192 violation and the noncompliance is corrected within the initial
193 30-day correction period, there is no penalty.
194 (b) If an annual inspection reveals that a detention
195 facility is noncompliant with the jail standards for a notable
196 violation, and the noncompliance is not corrected within the
197 initial 30-day correction period, the facility must pay into the
198 facility’s inmate welfare fund the following specified amounts
199 per day that the facility is not in compliance until the
200 noncompliance has been corrected:
201 1. The 31st day through the 60th day: $500 per day of
202 noncompliance.
203 2. The 61st day through the 90th day: $1,000 per day of
204 noncompliance.
205 3. The 91st day and all remaining days: $2,000 per day of
206 noncompliance.
207 (c) If an annual inspection reveals that a detention
208 facility is noncompliant with the jail standards for a serious
209 violation, but the noncompliance is corrected within 24 hours
210 after its discovery, there is no penalty.
211 (d) If an annual inspection reveals that a detention
212 facility is noncompliant with the jail standards for a serious
213 violation and the noncompliance is not corrected within 24 hours
214 after its discovery, the facility must pay into the facility’s
215 inmate welfare fund $2,000 per day that the commission
216 determines that the facility is noncompliant.
217 (e) In addition to the penalties set forth in paragraphs
218 (b) and (d), if a second reinspection for a notable violation or
219 a serious violation reveals that a detention facility is still
220 noncompliant with the jail standards, the facility must cease
221 its operations as a detention facility within 14 days and must
222 contract with one or more other detention facilities to house
223 the noncompliant facility’s inmates until such time as the
224 facility is determined to be in compliance with the jail
225 standards. The receiving detention facility or facilities must
226 be in compliance with the jail standards in order to house the
227 noncompliant facility’s inmates. However, if a detention
228 facility consists of separate detention campuses, only the
229 campus determined to be noncompliant with the jail standards
230 must cease operations as stated in this paragraph. The 14-day
231 time period shall commence upon the expiration of the appeal
232 process specified in the jail standards, with the detention
233 facility failing to file a timely appeal, or upon the conclusion
234 of the appeal process specified in the jail standards, resulting
235 in a finding that the detention facility is noncompliant with
236 the jail standards. The noncompliant detention facility is
237 responsible for the costs accrued by another detention facility
238 or facilities for housing the noncompliant facility’s inmates.
239 This paragraph may not be deemed to limit or prevent any other
240 remedies or causes of action against a facility or an entity
241 that operates a facility which may be brought under any other
242 law, ordinance, or rule.
243 (f) If any person in charge of a county detention facility
244 or municipal detention facility refuses to allow inspection of
245 the facility or to provide access to the facility, such person’s
246 salary must be withheld for each day he or she refuses such
247 inspection or access, and the amount withheld must be deposited
248 into the facility’s inmate welfare fund. This paragraph applies
249 regardless of whether the person refusing to allow the
250 inspection or refusing access to the detention facility is
251 elected, appointed, or an employee of a county, a city, or any
252 other political subdivision of this state.
253 Section 3. This act shall take effect July 1, 2022.