ENROLLED
       2022 Legislature                                  CS for SB 1236
       
       
       
       
       
       
                                                             20221236er
    1  
    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”; establishing the
    6         Florida Model Jail Standards Working Group for a
    7         specified purpose; providing for the membership of the
    8         working group; requiring that each entity that
    9         operates a municipal or county detention facility
   10         adopt the Florida Model Jail Standards approved by the
   11         working group; requiring that such detention
   12         facilities adopt specified minimum standards; creating
   13         s. 951.2302, F.S.; defining terms; requiring the jail
   14         standards to identify what actions result in serious
   15         violations and notable violations; specifying that the
   16         jail standards must require that each detention
   17         facility be inspected, at a minimum, twice annually;
   18         prohibiting a detention facility from refusing to be
   19         inspected or from preventing access to the detention
   20         facility; providing annual inspection requirements;
   21         providing procedures and requirements for
   22         reinspections of detention facilities due to
   23         noncompliance; providing timeframes within which
   24         detention facilities must correct violations;
   25         providing financial penalties for persons in charge of
   26         detention facilities who refuse to allow inspections
   27         or who refuse to provide access to detention
   28         facilities, or for facilities found to be noncompliant
   29         with the jail standards during an annual inspection or
   30         any reinspection; requiring certain noncompliant
   31         detention facilities to cease operations and contract
   32         with other detention facilities for inmate housing
   33         under certain circumstances; requiring that the
   34         assessed financial penalties be deposited into the
   35         detention facility’s inmate welfare fund; providing an
   36         effective date.
   37          
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Paragraphs (a) and (d) of subsection (1) and
   41  subsection (4) of section 951.23, Florida Statutes, are amended
   42  to read:
   43         951.23 County and municipal detention facilities;
   44  definitions; administration; standards and requirements.—
   45         (1) DEFINITIONS.—As used in this section, the term:
   46         (a) “County detention facility” means a county jail, a
   47  county stockade, a county work camp, a county residential
   48  probation center, and any other place except a municipal
   49  detention facility used by a county or county officer for the
   50  detention of persons charged with or convicted of a either
   51  felony or a misdemeanor, regardless of whether such facility is
   52  operated by a board of county commissioners, a sheriff, or any
   53  other entity.
   54         (d) “Municipal detention facility” means a city jail, a
   55  city stockade, a city prison camp, and any other place except a
   56  county detention facility used by a municipality or municipal
   57  officer for the detention of persons charged with or convicted
   58  of violation of municipal laws or ordinances, regardless of
   59  whether such facility is operated by a city or any other entity.
   60         (4) COUNTY AND MUNICIPAL DETENTION FACILITY STANDARDS FOR
   61  SHERIFFS AND CHIEF CORRECTIONAL OFFICERS.—
   62         (a) There is shall be established the Florida Model Jail
   63  Standards Working Group to develop and maintain model standards
   64  for county and municipal detention facilities. The seven-member
   65  a five-member working group shall consist consisting of:
   66         1. Three currently elected sheriffs, persons appointed by
   67  the Florida Sheriffs Association.
   68         2.A physician licensed in this state with at least 2 years
   69  of experience in correctional health care, appointed by the
   70  Florida Sheriffs Association.
   71         3.A currently elected county commissioner, and two persons
   72  appointed by the Florida Association of Counties.
   73         4.An experienced jail administrator of a county jail
   74  operated by a county, appointed by the Florida Association of
   75  Counties.
   76         5.A psychiatrist licensed in this state with at least 2
   77  years of experience in correctional psychiatry, appointed by the
   78  Florida Association of Counties to develop model standards for
   79  county and municipal detention facilities.
   80         (b)Each sheriff, county, city, or other entity that
   81  operates a municipal detention facility or a county detention
   82  facility By October 1, 1996, each sheriff and chief correctional
   83  officer shall adopt, at a minimum, the Florida Model Jail
   84  Standards approved by the working group with reference to all of
   85  the following:
   86         1.a. The construction, equipping, maintenance, and
   87  operation of county and municipal detention facilities.
   88         2.b. The cleanliness and sanitation of county and municipal
   89  detention facilities.;
   90         3. The number of county and municipal prisoners who may be
   91  housed therein per specified unit of floor space.;
   92         4. The quality, quantity, and supply of bedding furnished
   93  to county and municipal such prisoners.;
   94         5. The quality, quantity, and diversity of food served to
   95  county and municipal prisoners them and the manner in which it
   96  is served.;
   97         6. The furnishing to them of medical attention and health
   98  and comfort items to county and municipal prisoners.; and
   99         7. The disciplinary treatment which may be meted out to
  100  county and municipal prisoners them.
  101  
  102  Notwithstanding the provisions of the otherwise applicable
  103  building code, a reduced custody housing area may be occupied by
  104  inmates or may be used for sleeping purposes as allowed in
  105  subsection (7). The sheriff or chief correctional officer shall
  106  provide that a reduced custody housing area shall be governed by
  107  fire and life safety standards which do not interfere with the
  108  normal use of the facility and which affect a reasonable degree
  109  of compliance with rules of the State Fire Marshal for
  110  correctional facilities.
  111         8.2. The confinement of county and municipal prisoners by
  112  classification and providing, whenever possible, for
  113  classifications which separate males from females, juveniles
  114  from adults, and felons from misdemeanants, and those awaiting
  115  trial from those convicted and, in addition, providing for the
  116  separation of special risk prisoners, such as the mentally ill,
  117  alcohol or narcotic addicts, sex deviates, suicide risks, and
  118  any other classification which the local unit may deem necessary
  119  for the safety of the prisoners and the operation of the
  120  facility pursuant to degree of risk and danger criteria.
  121  Nondangerous felons may be housed with misdemeanants. Special
  122  consideration must be given to the appropriate housing of
  123  pregnant women as provided under s. 944.241.
  124         9.Requirements for the inspection of county and municipal
  125  detention facilities and the penalties for noncompliance as
  126  provided in s. 951.2302.
  127  
  128  Notwithstanding the provisions of the otherwise applicable
  129  building code, a reduced custody housing area may be occupied by
  130  prisoners or may be used for sleeping purposes as allowed in
  131  subsection (7). The sheriff or chief correctional officer shall
  132  provide that a reduced custody housing area shall be governed by
  133  fire and life safety standards which do not interfere with the
  134  normal use of the facility and which affect a reasonable degree
  135  of compliance with rules of the State Fire Marshal for
  136  correctional facilities.
  137         (c)(b) A county or municipal detention facility which
  138  stocks medicinal drugs in quantities other than individual
  139  prescriptions must obtain the services of a consultant
  140  pharmacist or dispensing physician and comply with the licensing
  141  requirements of chapter 465. A facility which has a valid
  142  license pursuant to chapter 465 shall have that part of its
  143  medical services relating to procedures for the safe handling
  144  and storage of medicinal drugs exempt from the inspection
  145  requirements of this section. A facility which maintains only
  146  individual prescriptions dispensed by a licensed pharmacist is
  147  not required to be licensed under chapter 465.
  148         Section 2. Section 951.2302, Florida Statutes, is created
  149  to read:
  150         951.2302Inspection of county and municipal detention
  151  facilities; penalties for noncompliance with jail standards.—
  152         (1)DEFINITIONS.—As used in this section, the term:
  153         (a)“Detention facility” includes a county detention
  154  facility and a municipal detention facility as those terms are
  155  defined in s. 951.23.
  156         (b)“Jail standards” means the Florida Model Jail Standards
  157  established by the working group.
  158         (c)“Notable violation” means any violation of the jail
  159  standards which is not a serious violation.
  160         (d)“Serious violation” means any violation of the jail
  161  standards or other conditions or practices which appears to pose
  162  a substantial and immediate danger to the life, health, or
  163  safety of one or more inmates or employees.
  164         (e)“Working group” means the Florida Model Jail Standards
  165  Working Group as provided in s. 951.23(4)(a).
  166         (2)VIOLATIONS CRITERIA.—The jail standards must identify
  167  those standards or conditions for which noncompliance by a
  168  detention facility is a serious violation or a notable
  169  violation.
  170         (3)TYPE AND FREQUENCY OF INSPECTIONS.—The jail standards
  171  must require that each detention facility be inspected, at a
  172  minimum, twice annually for compliance with the jail standards
  173  as provided in paragraphs (a) and (b). Each inspection must
  174  occur at least 120 days apart. A detention facility may not
  175  refuse to be inspected or prevent access to the detention
  176  facility.
  177         (a)One inspection must include an inspection for
  178  compliance with all jail standards. A detention facility must be
  179  provided reasonable advance notice of the date on which this
  180  inspection will occur.
  181         (b)One inspection must include an inspection for serious
  182  violations only. This inspection must be an unannounced
  183  inspection, with no advance notice provided to a detention
  184  facility.
  185         (4)REINSPECTIONS.—
  186         (a)If an inspection finds a detention facility to be
  187  noncompliant with the jail standards for a notable violation,
  188  the detention facility must correct the noncompliance within 30
  189  days and must be reinspected within 10 days after the 30-day
  190  correction period, or upon the detention facility notifying the
  191  working group that it has corrected its noncompliance, whichever
  192  is earlier. If upon reinspection the detention facility is still
  193  found to be noncompliant, the detention facility must correct
  194  the noncompliance within 15 days and must have a second
  195  reinspection within 48 hours thereafter.
  196         (b)If an inspection finds a detention facility to be
  197  noncompliant with the jail standards for a serious violation,
  198  the detention facility must correct the noncompliance within 24
  199  hours and must be reinspected within 48 hours after the
  200  violation was first observed. This paragraph does not prevent
  201  reinspection from occurring before the expiration of the 24-hour
  202  period if a detention facility notifies the working group that
  203  it has cured the noncompliance before such time.
  204         (5)PENALTIES FOR NONCOMPLIANCE WITH JAIL STANDARDS.—
  205         (a)If an inspection reveals that a detention facility is
  206  noncompliant with the jail standards for a notable violation,
  207  and the noncompliance is not corrected as provided in paragraph
  208  (4)(a), the detention facility must pay into the detention
  209  facility’s inmate welfare fund the following amounts for each
  210  day the detention facility is noncompliant with the jail
  211  standards:
  212         1.$500 per day for the 31st day through the 60th day of
  213  noncompliance.
  214         2.$1,000 per day for the 61st day through the 90th day of
  215  noncompliance.
  216         3.$2,000 per day for the 91st day and all remaining days
  217  the detention facility is not in compliance.
  218         (b)If a detention facility fails to correct a serious
  219  violation as required in paragraph (4)(b), the detention
  220  facility must pay into the detention facility’s inmate welfare
  221  fund $2,000 per day until the serious violation has been
  222  corrected.
  223         (c)1.In addition to the penalties set forth in paragraphs
  224  (a) and (b), if a second reinspection for a notable violation or
  225  a reinspection for a serious violation reveals that a detention
  226  facility is noncompliant with the jail standards, the detention
  227  facility must cease operations as a detention facility within 14
  228  days and must contract with one or more other detention
  229  facilities to house the noncompliant facility’s inmates until
  230  such time as the facility is determined to be in compliance with
  231  the jail standards.
  232         2.The 14-day time period shall commence upon the
  233  expiration of an appeal process to be specified in the jail
  234  standards, with the detention facility failing to file a timely
  235  appeal, or upon the conclusion of the appeal process specified
  236  in the jail standards, with a denial of the appeal resulting in
  237  a finding that the detention facility is noncompliant with the
  238  jail standards.
  239         3.The receiving detention facility or detention facilities
  240  must be in compliance with the jail standards in order to house
  241  the noncompliant detention facility’s inmates.
  242         4.If a detention facility consists of separate detention
  243  campuses, only the campus determined to be noncompliant with the
  244  jail standards must cease operations as provided in this
  245  paragraph.
  246         5.The noncompliant detention facility is responsible for
  247  the costs accrued by another detention facility or detention
  248  facilities for housing the noncompliant detention facility’s
  249  inmates.
  250         6.This paragraph may not be deemed to limit or prevent any
  251  other remedies or causes of action against a detention facility
  252  or an entity that operates a detention facility which may be
  253  brought under any other law, ordinance, or rule.
  254         (d)If any person in charge of a detention facility refuses
  255  to provide access to the detention facility or allow an
  256  inspection of the detention facility, the person’s salary must
  257  be withheld for each day he or she refuses such inspection or
  258  access, and the amount withheld must be deposited into the
  259  detention facility’s inmate welfare fund. This paragraph applies
  260  regardless of whether the person refusing to allow the
  261  inspection or refusing access to the detention facility is
  262  elected, appointed, or an employee of a county, a city, or any
  263  other political subdivision of this state.
  264         Section 3. This act shall take effect July 1, 2022.