HB 0829CS

CHAMBER ACTION




1The Criminal Justice Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to prison industries; creating the Prison
7Industries Task Force within the Office of Legislative
8Services; requiring the task force to determine how well
9the prison industries program has fulfilled its statutory
10mission and purpose; providing for the appointment of
11members to the task force; requiring the task force to
12hold a minimum number of meetings; providing for members
13of the task force to be reimbursed for per diem and travel
14expenses; requiring the Legislative Committee on
15Intergovernmental Relations to provide staff support for
16the task force; specifying the duties of the task force
17with respect to taking testimony; requiring the task force
18to submit a report to the Governor and the Legislature;
19abolishing the task force on a future date; amending s.
20946.505, F.S.; clarifying the state's reversionary
21interest in the facilities, property, and assets of the
22corporation operating a correctional work program;
23providing an effective date.
24
25Be It Enacted by the Legislature of the State of Florida:
26
27     Section 1.  Prison Industries Task Force.--
28     (1)(a)  There is created within the Office of Legislative
29Services the Prison Industries Task Force to review how well
30PRIDE has fulfilled its statutory missions and purposes and
31whether the statutory missions of the prison industries program
32are feasible and relevant today and in the future.
33     (b)  The task force shall consist of the following 13
34members:
35     1.  The Secretary of Corrections, who shall serve as chair,
36and two wardens of prisons that have prison industries programs;
37     2.  A representative from the Agency for Workforce
38Innovation;
39     3.  A representative from the Office of Workforce Education
40within the Department of Education;
41     4.  A member of the Senate, appointed by the President of
42the Senate;
43     5.  A member of the House of Representatives, appointed by
44the Speaker of the House of Representatives;
45     6.  A representative from the board of directors of the
46private nonprofit prison industries corporation, as defined in
47s. 946.503, Florida Statutes;
48     7.  A representative from a local governmental entity that
49purchases products that are produced by prison industries;
50     8.  A representative from a private industry that regularly
51employs former inmates;
52     9.  A representative from a private industry that regularly
53trains inmates;
54     10.  A representative from the academic community who has
55expertise in research concerning the reentry of former prisoners
56into society and the employment of former felons; and
57     11.  A former inmate who has worked in the prison
58industries program.
59     (c)  The President of the Senate and the Speaker of the
60House of Representatives shall jointly appoint the members of
61the task force specified in subparagraphs (b)6.-11. by July 1,
622006.
63     (d)  The task force shall hold its first meeting by July
6415, 2006.
65     (e)  All recommendations of the task force shall be by
66majority vote.
67     (f)  The task force shall meet at the call of the
68chairperson and shall conduct at least three meetings.
69     (g)  Members of the task force shall serve without
70compensation, but are entitled to reimbursement for per diem and
71travel expenses in accordance with s. 112.061, Florida Statutes.
72     (h)  The Legislative Committee on Intergovernmental
73Relations shall provide staff support for the task force.
74     (2)(a)  The task force shall receive testimony from the
75Auditor General, the Governor's Inspector General, the Office of
76Program Policy Analysis and Government Accountability, PRIDE,
77and other appropriate officials to address the following:
78     1.  Are the statutory missions of the prison industries
79program as defined in s. 946.501(2), Florida Statutes, still
80valid?
81     2.  Should other valid missions be included within the
82program?
83     3.  How do the current or recommended missions conflict
84with any other valid missions?
85     4.  Should the missions be ranked in order of priority and,
86if so, to what extent can accomplishment of a higher-priority
87mission be reduced in order to accomplish a lower-priority
88mission?
89     5.  Is the method of addressing the legislative finding in
90s. 946.501(3), Florida Statutes, which is that it is in the best
91interest of the state, inmates, and the general public to
92duplicate as closely as possible free-enterprise production and
93service operations, also the most effective manner in which to
94accomplish the missions of the prison industries program?
95     6.  Should the structure for managing the correctional work
96program be changed in order to facilitate accomplishing the
97missions of the program?
98     7.  Is operating the prison industries program
99independently of state government the most effective manner in
100which to accomplish its valid mission?
101     8.  To what extent can PRIDE fulfill the legislative intent
102stated in s. 946.502(6), Florida Statutes, which is that prison
103industries programs use inmates in all levels of custody, with
104specific emphasis on reducing idleness among inmates in close
105custody?
106     9.  To what extent, if any, have privatization of
107governmental functions and changing markets reduced sales by
108PRIDE or impeded its ability to expand prison industry training?
109     10.  What creative strategies could enhance the prison
110industries program's ability to meet its valid missions?
111     (b)  The task force shall submit a report of its findings
112and recommendations to the Governor, the President of the
113Senate, and the Speaker of the House of Representatives by
114February 15, 2007.
115     (3)  All meetings of the task force and all business of the
116task force for which reimbursement may be requested must be
117concluded before the report is filed. The task force is
118abolished July 1, 2007.
119     Section 2.  Subsection (1) of section 946.505, Florida
120Statutes, is amended to read:
121     946.505  Reversion upon dissolution of corporation or
122termination of lease.--
123     (1)  In the event the corporation is dissolved or its lease
124of any correctional work program expires or is otherwise
125terminated, all property relating to such correctional work
126program which ceases to function because of such termination or
127dissolution, including all buildings, land, furnishings,
128equipment, and other chattels and assets, whether originally
129leased from the department or, as well as any subsequently
130constructed or otherwise acquired facilities in connection with
131its continued operation of that program, automatically reverts
132to full ownership by the department unless the corporation
133intends to use utilize such property in another correctional
134work program. Such a reversionary ownership interest of the
135state in any and all such after-acquired facilities, property,
136and assets by the corporation is in furtherance of the goals
137established in s. 946.502(4), and such a present ownership
138interest by the state is a continuing and insurable state
139interest.
140     Section 3.  This act shall take effect upon becoming a law.


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