Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SPB 7020
       
       
       
       
       
       
                                Ì4597042Î459704                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/13/2015           .                                
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       The Committee on Criminal Justice (Evers) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 116 - 749
    4  and insert:
    5         Section 2. Section 944.151, Florida Statutes, is amended to
    6  read:
    7         944.151 Safety and security of correctional institutions
    8  and facilities.—It is the intent of the Legislature that the
    9  Department of Corrections shall be responsible for the safe
   10  operation and security of the correctional institutions and
   11  facilities. The safe operation and security of the state’s
   12  correctional institutions and facilities is critical to ensure
   13  public safety and the safety of department employees and
   14  offenders and to contain violent and chronic offenders until
   15  offenders are otherwise released from the department’s custody
   16  pursuant to law. The Secretary of Corrections shall, at a
   17  minimum:
   18         (1) Appoint and designate select staff to the a safety and
   19  security review committee which shall, at a minimum, be composed
   20  of: the inspector general, the statewide security coordinator,
   21  the regional security coordinators, and three wardens and one
   22  correctional officer. The safety and security review committee
   23  shall evaluate new safety and security technology; review and
   24  discuss issues impacting correctional facilities; review and
   25  discuss current issues impacting correctional facilities; and
   26  review and discuss other issues as requested by management.:
   27         (a) Establish a periodic schedule for the physical
   28  inspection of buildings and structures of each state and private
   29  correctional institution to determine security deficiencies. In
   30  scheduling the inspections, priority shall be given to older
   31  institutions, institutions that house a large proportion of
   32  violent offenders, and institutions that have experienced a
   33  significant number of escapes or escape attempts in the past.
   34         (2)Ensure that appropriate staff establishes a periodic
   35  schedule for the physical inspection of buildings and structures
   36  of each state and private correctional institution and facility
   37  to determine safety and security deficiencies. In scheduling the
   38  inspections, priority shall be given to older institutions,
   39  institutions that house a large proportion of violent offenders,
   40  institutions with a high level of inappropriate incidents of use
   41  of force on inmates, assaults on employees, or inmate sexual
   42  abuse, and institutions that have experienced a significant
   43  number of escapes or escape attempts in the past.
   44         (a)(b)Ensure that appropriate staff conducts Conduct or
   45  causes cause to be conducted announced and unannounced
   46  comprehensive safety and security audits of all state and
   47  private correctional institutions. These audits shall give
   48  priority to those institutions with a high level of
   49  inappropriate incidents of use of force on inmates, assaults on
   50  employees, or inmate sexual abuse. In conducting the security
   51  audits, priority shall be given to older institutions,
   52  institutions that house a large proportion of violent offenders,
   53  and institutions that have experienced a history of escapes or
   54  escape attempts. At a minimum, the audit shall include an
   55  evaluation of the physical plant, which shall include the
   56  identification of blind spots or areas where staff or inmates
   57  may be isolated and the deployment of video monitoring systems
   58  and other monitoring technologies in such areas, landscaping,
   59  fencing, security alarms and perimeter lighting, confinement,
   60  arsenal, key and lock, and entrance/exit and inmate
   61  classification and staffing policies. Each correctional
   62  institution shall be audited at least annually. The secretary
   63  shall
   64         (b) Report the general survey findings annually to the
   65  Governor and the Legislature.
   66         (c) Ensure appropriate staff investigates and evaluates the
   67  usefulness and dependability of existing safety and security
   68  technology at the institutions and new technology and video
   69  monitoring systems available and make periodic written
   70  recommendations to the secretary on the discontinuation or
   71  purchase of various safety and security devices.
   72         (d) Contract, if deemed necessary, with security personnel,
   73  consulting engineers, architects, or other safety and security
   74  experts the department deems necessary for safety and security
   75  consultant services.
   76         (e) Ensure appropriate staff, in conjunction with the
   77  regional offices, establishes a periodic schedule for conducting
   78  announced and unannounced escape simulation drills.
   79         (f) Adopt, enforce, and annually cause the evaluation of
   80  the emergency escape response procedures, which shall at a
   81  minimum include the immediate notification and inclusion of
   82  local and state law enforcement through mutual aid agreements.
   83         (g) Ensure appropriate staff reviews staffing policies and
   84  practices as needed.
   85         (3)(c) Adopt and enforce minimum safety and security
   86  standards and policies that include, but are not limited to:
   87         1. Random monitoring of outgoing telephone calls by
   88  inmates.
   89         2. Maintenance of current photographs of all inmates.
   90         3. Daily inmate counts at varied intervals.
   91         4. Use of canine units, where appropriate.
   92         5. Use of escape alarms and perimeter lighting.
   93         6. Florida Crime Information Center/National Crime
   94  Information Center capabilities.
   95         7. Employment background investigations.
   96         (d) Annually make written prioritized budget
   97  recommendations to the secretary that identify critical security
   98  deficiencies at major correctional institutions.
   99         (e) Investigate and evaluate the usefulness and
  100  dependability of existing security technology at the
  101  institutions and new technology available and make periodic
  102  written recommendations to the secretary on the discontinuation
  103  or purchase of various security devices.
  104         (f) Contract, if deemed necessary, with security personnel,
  105  consulting engineers, architects, or other security experts the
  106  committee deems necessary for security audits and security
  107  consultant services.
  108         (g) Establish a periodic schedule for conducting announced
  109  and unannounced escape simulation drills.
  110         (4)(2)Direct staff to maintain and produce quarterly
  111  reports with accurate escape statistics. For the purposes of
  112  these reports, “escape” includes all possible types of escape,
  113  regardless of prosecution by the state attorney, and including
  114  offenders who walk away from nonsecure community facilities.
  115         (3) Adopt, enforce, and annually evaluate the emergency
  116  escape response procedures, which shall at a minimum include the
  117  immediate notification and inclusion of local and state law
  118  enforcement through a mutual aid agreement.
  119         (5)(4)Direct staff to submit in the annual legislative
  120  budget request a prioritized summary of critical safety and
  121  security deficiencies, and repair and renovation security needs.
  122         Section 3. Paragraphs (d) and (e) of subsection (4) of
  123  section 944.275, Florida Statutes, are amended to read:
  124         944.275 Gain-time.—
  125         (4)
  126         (d) Notwithstanding paragraph (b) subparagraphs (b)1. and
  127  2., the education program manager shall recommend, and the
  128  Department of Corrections may grant, a one-time award of 60
  129  additional days of incentive gain-time to an inmate who is
  130  otherwise eligible and who successfully completes requirements
  131  for and is awarded a high school equivalency diploma or
  132  vocational certificate. This incentive gain-time award may be
  133  granted to reduce any sentence for an offense committed on or
  134  after October 1, 1995. However, this gain-time may not be
  135  granted to reduce any sentence for an offense committed on or
  136  after October 1, 1995, if the inmate is, or has previously been,
  137  convicted of a violation of s. 794.011, s. 794.05, former s.
  138  796.03, former s. 796.035, s. 800.04, s. 825.1025, s. 827.03, s.
  139  827.071, s. 847.0133, s. 847.0135, s. 847.0137, s. 847.0138, s.
  140  847.0145, or s. 985.701(1), or a forcible felony offense that is
  141  specified in s. 776.08, except burglary as specified in s.
  142  810.02(4). An inmate subject to the 85 percent minimum service
  143  requirement pursuant to subparagraph (b)3. may not accumulate
  144  gain-time awards at any point when the tentative release date is
  145  the same as the 85 percent minimum service date of the sentence
  146  imposed. Under no circumstances may an inmate receive more than
  147  60 days for educational attainment pursuant to this section.
  148         (e) Notwithstanding subparagraph (b)3. and paragraph (d),
  149  for sentences imposed for offenses committed on or after October
  150  1, 2014, the department may not grant incentive gain-time if the
  151  offense is a violation of s. 782.04(1)(a)2.c.; s. 787.01(3)(a)2.
  152  or 3.; s. 787.02(3)(a)2. or 3.; s. 794.011, excluding s.
  153  794.011(10); s. 800.04; s. 825.1025; or s. 847.0135(5).
  154         Section 4. Section 944.31, Florida Statutes, is amended to
  155  read:
  156         944.31 Inspector general; inspectors; power and duties.—
  157         (1) The inspector general shall be responsible for prison
  158  inspection and investigation, internal affairs investigations,
  159  and management reviews. The office of the inspector general
  160  shall be charged with the duty of inspecting the penal and
  161  correctional systems of the state. The office of the inspector
  162  general shall inspect each correctional institution or any place
  163  in which state prisoners are housed, worked, or kept within the
  164  state, with reference to its physical conditions, cleanliness,
  165  sanitation, safety, and comfort; the quality and supply of all
  166  bedding; the quality, quantity, and diversity of food served and
  167  the manner in which it is served; the number and condition of
  168  the prisoners confined therein; and the general conditions of
  169  each institution. The office of inspector general shall see that
  170  all the rules and regulations issued by the department are
  171  strictly observed and followed by all persons connected with the
  172  correctional systems of the state. The office of the inspector
  173  general shall coordinate and supervise the work of inspectors
  174  throughout the state. The inspector general and inspectors may
  175  enter any place where prisoners in this state are kept and shall
  176  be immediately admitted to such place as they desire and may
  177  consult and confer with any prisoner privately and without
  178  molestation. The inspector general and inspectors shall be
  179  responsible for criminal and administrative investigation of
  180  matters relating to the Department of Corrections. The secretary
  181  may designate persons within the office of the inspector general
  182  as law enforcement officers to conduct any criminal
  183  investigation that occurs on property owned or leased by the
  184  department or involves matters over which the department has
  185  jurisdiction. A person designated as a law enforcement officer
  186  must be certified pursuant to s. 943.1395 and must have a
  187  minimum of 3 years’ experience as an inspector in the inspector
  188  general’s office or as a law enforcement officer.
  189         (2) The department shall maintain a written memorandum of
  190  understanding with the Department of Law Enforcement for the
  191  notification and investigation of mutually agreed-upon predicate
  192  events that shall include, but are not limited to, suspicious
  193  deaths and organized criminal activity. A copy of an active
  194  memorandum of understanding shall be provided in a timely manner
  195  to the Governor, the President of the Senate, and the Speaker of
  196  the House of Representatives.
  197         (3) During investigations, the inspector general and
  198  inspectors may consult and confer with any prisoner or staff
  199  member privately and without molestation and persons designated
  200  as law enforcement officers under this section shall have the
  201  authority to arrest, with or without a warrant, any prisoner of
  202  or visitor to a state correctional institution for a violation
  203  of the criminal laws of the state involving an offense
  204  classified as a felony that occurs on property owned or leased
  205  by the department and may arrest offenders who have escaped or
  206  absconded from custody. Persons designated as law enforcement
  207  officers have the authority to arrest with or without a warrant
  208  a staff member of the department, including any contract
  209  employee, for a violation of the criminal laws of the state
  210  involving an offense classified as a felony under this chapter
  211  or chapter 893 on property owned or leased by the department. A
  212  person designated as a law enforcement officer under this
  213  section may make arrests of persons against whom arrest warrants
  214  have been issued, including arrests of offenders who have
  215  escaped or absconded from custody. The arrested person shall be
  216  surrendered without delay to the sheriff of the county in which
  217  the arrest is made, with a formal complaint subsequently made
  218  against her or him in accordance with law.
  219         (4) The inspector general, and inspectors who conduct
  220  sexual abuse investigations in confinement settings, shall
  221  receive specialized training in conducting such investigations.
  222  The department shall be responsible for providing the
  223  specialized training. Specialized training shall include, but
  224  need not be limited to, techniques for interviewing sexual abuse
  225  victims, proper use of Miranda and Garrity warnings, sexual
  226  abuse evidence collection in confinement settings, and the
  227  criteria and evidence required to substantiate a case for
  228  administrative action or prosecution.
  229         Section 5. Section 944.331, Florida Statutes, is amended to
  230  read:
  231         944.331 Inmate grievance procedure.—
  232         (1) The department shall establish by rule an inmate
  233  grievance procedure, which that must conform to the Minimum
  234  Standards for Inmate Grievance Procedures as promulgated by the
  235  United States Department of Justice pursuant to 42 U.S.C. s.
  236  1997e. The department’s office of general counsel shall oversee
  237  the grievance procedures established by the department.
  238         (2) In establishing grievance procedures, the department
  239  shall provide multiple internal avenues for inmates to privately
  240  report sexual abuse and sexual harassment and any staff neglect
  241  of, or failure to perform, responsibilities which may have
  242  contributed to such incidents. The procedures must allow reports
  243  to be made in writing by third parties.
  244         (3) The department, in consultation with the Correctional
  245  Medical Authority, shall review inmate health care grievance
  246  procedures at each correctional institution and private
  247  correctional facility to determine the procedural soundness and
  248  effectiveness of the current health care grievance process, to
  249  identify employees prone to misconduct directly related to the
  250  delivery of health care services, and to identify life
  251  threatening inmate health concerns. The review shall determine
  252  whether inmate health care grievances are being properly
  253  reported, transmitted, and processed; inmates are allowed
  254  writing utensils and paper; multiple channels of communication
  255  exist to report alleged abuse related to the delivery of health
  256  care services; and protocols are being implemented to protect an
  257  inmate who filed a grievance concerning the delivery of health
  258  care from retaliation for filing a complaint alleging staff
  259  misconduct.
  260         (4) The department shall review inmate grievance procedures
  261  at each correctional institution and private correctional
  262  facility to determine the procedural soundness and effectiveness
  263  of the current grievance process, to identify employees prone to
  264  misconduct, and to identify life-threatening inmate safety
  265  concerns. The review shall determine whether inmate grievances
  266  are being properly reported, transmitted, and processed; inmates
  267  are allowed writing utensils and paper; multiple channels of
  268  communication exist to report alleged abuse; and protocols are
  269  being implemented to protect an inmate who filed a grievance
  270  from retaliation for filing a complaint alleging staff
  271  misconduct.
  272         (5) Beginning October 1, 2016, the department in
  273  consultation with the Correctional Medical Authority shall
  274  annually report, and post to their respective websites, their
  275  joint findings. The authority shall document in the report its
  276  findings on the effectiveness of inmate health care grievance
  277  procedures; cite the number of health care grievances filed by
  278  inmates, by institution and by region; specify the types of
  279  health care problems alleged by inmates; and summarize the
  280  actions taken by the department or the authority as a result of
  281  its investigation of inmate health care grievances.
  282         Section 6. Section 944.35, Florida Statutes, is amended to
  283  read:
  284         944.35 Authorized use of force; malicious battery and
  285  sexual misconduct prohibited; reporting required; penalties.—
  286         (1)(a) An employee of the department is authorized to apply
  287  physical force upon an inmate only when and to the extent that
  288  it reasonably appears necessary:
  289         1. To defend himself or herself or another against such
  290  other imminent use of unlawful force;
  291         2. To prevent a person from escaping from a state
  292  correctional institution when the officer reasonably believes
  293  that person is lawfully detained in such institution;
  294         3. To prevent damage to property;
  295         4. To quell a disturbance;
  296         5. To overcome physical resistance to a lawful command; or
  297         6. To administer medical treatment only by or under the
  298  supervision of a physician or his or her designee and only:
  299         a. When treatment is necessary to protect the health of
  300  other persons, as in the case of contagious or venereal
  301  diseases; or
  302         b. When treatment is offered in satisfaction of a duty to
  303  protect the inmate against self-inflicted injury or death.
  304  
  305  As part of the correctional officer training program, the
  306  Criminal Justice Standards and Training Commission shall develop
  307  a course specifically designed to explain the parameters of this
  308  subsection and to teach the proper methods and techniques in
  309  applying authorized physical force upon an inmate. Effective
  310  July 1, 2016, this course shall include specialized training for
  311  effectively managing in nonforceful ways mentally ill inmates
  312  who may exhibit erratic behavior.
  313         (b) Following any use of force, a qualified health care
  314  provider shall examine any person physically involved to
  315  determine the extent of injury, if any, and shall prepare a
  316  report which shall include, but not be limited to, a statement
  317  of whether further examination by a physician is necessary. Any
  318  noticeable physical injury shall be examined by a physician, and
  319  the physician shall prepare a report documenting the extent and
  320  probable cause of the injury and the treatment prescribed. Such
  321  report shall be completed within 5 working days of the incident
  322  and shall be submitted to the warden for appropriate
  323  investigation.
  324         (c) Each institution shall create and maintain a system to
  325  track episodes involving the use of force to determine if
  326  inmates require subsequent physical or mental health treatment.
  327         (d) No later than October 1 of each year, the department
  328  shall post on the agency website a report documenting incidents
  329  involving the use of force during the previous fiscal year. The
  330  report shall include, but not be limited to:
  331         1. Descriptive statistics on the reason force was used and
  332  whether the use of force was deemed appropriate;
  333         2. Multi-year statistics documenting annual trends in the
  334  use of force;
  335         3.Statistical information on the level of inmate or
  336  officer injury, including death, in incidents involving the use
  337  of force;
  338         4. A breakdown, by institution, of statistics on use of
  339  force; and
  340         5. Statistics on the number of employees who were
  341  disciplined or terminated because of their involvement in
  342  incidents involving the inappropriate use of force, based on
  343  notations of such incidents in their personnel files.
  344         (2) Each employee of the department who either applies
  345  physical force or was responsible for making the decision to
  346  apply physical force upon an inmate or an offender supervised by
  347  the department in the community pursuant to this subsection
  348  shall prepare, date, and sign under oath an independent report
  349  within 1 working day of the incident. The report shall be
  350  delivered to the warden or the circuit administrator, who shall
  351  forward the report with all appropriate documentation to the
  352  office of the inspector general. The inspector general shall
  353  conduct a review and make recommendations regarding the
  354  appropriateness or inappropriateness of the use of force. If the
  355  inspector general finds that the use of force was appropriate,
  356  the employee’s report, together with the inspector general’s
  357  written determination of the appropriateness of the force used
  358  and the reasons therefor, shall be forwarded to the circuit
  359  administrator or warden upon completion of the review. If the
  360  inspector general finds that the use of force was inappropriate,
  361  the inspector general shall conduct a complete investigation
  362  into the incident and forward the findings of fact to the
  363  appropriate regional director for further action. Copies of the
  364  employee’s report and the inspector general’s review shall be
  365  kept in the files of the inmate or the offender supervised by
  366  the department in the community. A notation of each incident
  367  involving use of force and the outcome based on the inspector
  368  general’s evaluation shall be kept in the employee’s file. An
  369  employee with two or more notations in the employee’s file for
  370  inappropriate use of force incidents, as specified in s. 944.35,
  371  shall not be assigned to transitional care, crisis
  372  stabilization, or corrections mental health treatment facility
  373  inmate housing units as defined in Florida Administrative Code.
  374  However, an employee with two or more notations in the
  375  employee’s file who remains free of inappropriate use of force
  376  incidents, for a significant period may be permitted to work in
  377  the transitional care, crisis stabilization, or corrections
  378  mental health treatment facility inmate housing units.
  379         (3)(a)1. Any employee of the department, private provider,
  380  or private correctional facility who, with malicious intent,
  381  commits a battery upon an inmate or an offender supervised by
  382  the department in the community, commits a misdemeanor of the
  383  first degree, punishable as provided in s. 775.082 or s.
  384  775.083.
  385         2. Any employee of the department, private provider, or
  386  private correctional facility who, with malicious intent,
  387  commits a battery or inflicts cruel or inhuman treatment by
  388  neglect or otherwise, and in so doing causes great bodily harm,
  389  permanent disability, or permanent disfigurement to an inmate or
  390  an offender supervised by the department in the community,
  391  commits a felony of the third degree, punishable as provided in
  392  s. 775.082, s. 775.083, or s. 775.084.
  393         (b) As used in this paragraph, the termneglect of an
  394  inmate” means:
  395         1.A failure or omission on the part of an employee of the
  396  department, private provider, or private correctional facility,
  397  to:
  398         a. Provide an inmate with the care, supervision, and
  399  services necessary to maintain the inmate’s physical and mental
  400  health, including, but not limited to, food, nutrition,
  401  clothing, shelter, supervision, medicine, and medical services
  402  that a prudent person would consider essential for the well
  403  being of the inmate; or
  404         b.Make a reasonable effort to protect an inmate from
  405  abuse, neglect, or exploitation by another person.
  406         2.A determination of neglect of an inmate may be based on
  407  repeated conduct or on a single incident or omission that
  408  results in, or could reasonably be expected to result in,
  409  serious physical or psychological injury, or a substantial risk
  410  of death, to an inmate.
  411         3.An employee of the department, private provider, or
  412  private correctional facility who willfully or by culpable
  413  negligence neglects an inmate and in so doing causes great
  414  bodily harm, permanent disability, or permanent disfigurement to
  415  the inmate commits a felony of the second degree, punishable as
  416  provided in s. 775.082, s. 775.083, or s. 775.084.
  417         4.Any employee of the department, private provider, or
  418  private correctional facility who willfully or by culpable
  419  negligence neglects an elderly or disabled inmate without
  420  causing great bodily harm, permanent disability, or permanent
  421  disfigurement to the inmate commits a felony of the third
  422  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  423  775.084.
  424         (c)(b)1. As used in this paragraph, the term “sexual
  425  misconduct” means the oral, anal, or vaginal penetration by, or
  426  union with, the sexual organ of another or the anal or vaginal
  427  penetration of another by any other object, but does not include
  428  an act done for a bona fide medical purpose or an internal
  429  search conducted in the lawful performance of the employee’s
  430  duty.
  431         2. Any employee of the department or a private correctional
  432  facility as defined in s. 944.710 who engages in sexual
  433  misconduct with an inmate or an offender supervised by the
  434  department in the community, without committing the crime of
  435  sexual battery, commits a felony of the third degree, punishable
  436  as provided in s. 775.082, s. 775.083, or s. 775.084.
  437         3. The consent of the inmate or offender supervised by the
  438  department in the community to any act of sexual misconduct may
  439  not be raised as a defense to a prosecution under this
  440  paragraph.
  441         4. This paragraph does not apply to any employee of the
  442  department or any employee of a private correctional facility
  443  who is legally married to an inmate or an offender supervised by
  444  the department in the community, nor does it apply to any
  445  employee who has no knowledge, and would have no reason to
  446  believe, that the person with whom the employee has engaged in
  447  sexual misconduct is an inmate or an offender under community
  448  supervision of the department.
  449         (d)(c) Notwithstanding prosecution, any violation of the
  450  provisions of this subsection, as determined by the Public
  451  Employees Relations Commission, shall constitute sufficient
  452  cause under s. 110.227 for dismissal from employment with the
  453  department, and such person shall not again be employed in any
  454  capacity in connection with the correctional system.
  455         (e)(d) Each employee who witnesses, or has reasonable cause
  456  to suspect, that an inmate or an offender under the supervision
  457  of the department in the community has been unlawfully abused or
  458  is the subject of sexual misconduct pursuant to this subsection
  459  shall immediately prepare, date, and sign an independent report
  460  specifically describing the nature of the force used or the
  461  nature of the sexual misconduct, the location and time of the
  462  incident, and the persons involved. The report shall be
  463  delivered to the inspector general of the department with a copy
  464  to be delivered to the warden of the institution or the regional
  465  administrator. The inspector general shall immediately conduct
  466  an appropriate investigation, and, if probable cause is
  467  determined that a violation of this subsection has occurred, the
  468  respective state attorney in the circuit in which the incident
  469  occurred shall be notified.
  470         (f) If an employee of the department, private provider, or
  471  private correctional facility who witnesses unlawful abuse or
  472  neglect or has reasonable cause to suspect that an inmate has
  473  been unlawfully abused or neglected, as the term “neglected” is
  474  defined in paragraph (b), fears retaliation by coworkers or
  475  supervisors if he or she submits a report as provided in
  476  paragraph (e), the employee may anonymously and confidentially
  477  report the inmate abuse or neglect directly to the department’s
  478  Office of Inspector General.
  479         (4)(a) Any employee required to report pursuant to this
  480  section who knowingly or willfully fails to do so, or who
  481  knowingly or willfully prevents another person from doing so,
  482  commits a misdemeanor of the first degree, punishable as
  483  provided in s. 775.082 or s. 775.083.
  484         (b) Any person who knowingly or willfully submits
  485  inaccurate, incomplete, or untruthful information with regard to
  486  reports required in this section commits a misdemeanor of the
  487  first degree, punishable as provided in s. 775.082 or s.
  488  775.083.
  489         (c) Any person who knowingly or willfully coerces or
  490  threatens any other person with the intent to alter either
  491  testimony or a written report regarding an incident where force
  492  was used or an incident of sexual misconduct commits a felony of
  493  the third degree, punishable as provided in s. 775.082, s.
  494  775.083, or s. 775.084.
  495  
  496  As part of the correctional officer training program, the
  497  Criminal Justice Standards and Training Commission shall develop
  498  course materials for inclusion in the appropriate required
  499  course specifically designed to explain the parameters of this
  500  subsection, teach communication techniques related to crisis
  501  stabilization to avoid the use of force, and to teach sexual
  502  assault identification and prevention methods and techniques.
  503         (5) The department shall establish a policy to protect from
  504  retaliation inmates and employees who report physical or sexual
  505  abuse. This policy shall establish multiple protective measures
  506  for both inmates and employees relating to the reporting of
  507  abuse as well as designate a method of monitoring follow up.
  508         Section 7. Section 944.8041, Florida Statutes, is amended
  509  to read:
  510         944.8041 Elderly offenders; annual review.—
  511         (1) For the purpose of providing information to the
  512  Legislature on elderly offenders within the correctional system,
  513  the department and the Correctional Medical Authority shall each
  514  submit annually a report on the status and treatment of elderly
  515  offenders in the state-administered and private state
  516  correctional systems and the department’s geriatric facilities
  517  and dorms. In order to adequately prepare the reports, the
  518  department and the Department of Management Services shall grant
  519  access to the Correctional Medical Authority that includes
  520  access to the facilities, offenders, and any information the
  521  agencies require to complete their reports. The review shall
  522  also include an examination of promising geriatric policies,
  523  practices, and programs currently implemented in other
  524  correctional systems within the United States. The reports, with
  525  specific findings and recommendations for implementation, shall
  526  be submitted to the President of the Senate and the Speaker of
  527  the House of Representatives on or before December 31 of each
  528  year.
  529         (2) The department, in producing the annual report required
  530  under s. 20.315, shall report the cost of health care provided
  531  to elderly inmates. The report shall include, but need not be
  532  limited to, the average cost per year to incarcerate an elderly
  533  inmate and the types of health care delivered to elderly inmates
  534  which result in the highest expenditures.
  535         Section 8. Section 944.805, Florida Statutes, is created to
  536  read:
  537         944.805 Veterans programs in state and private correctional
  538  institutions.—
  539         (1) The Legislature finds and declares that specialized
  540  programs for veterans offered in state and private correctional
  541  institutions have the potential to facilitate inmate
  542  institutional adjustment, help inmates assume personal
  543  responsibility, and ease community reentry through the
  544  availability of expanded community resources. For the purposes
  545  of this section, the term “veteran” has the same meaning as it
  546  is defined in s. 1.01(14).
  547         (2) It is the intent of the Legislature that the department
  548  expand the use of specialized dormitories for veterans. It is
  549  also the intent of the Legislature that veterans housed in state
  550  and private correctional institutions be provided special
  551  assistance before their release by identifying benefits and
  552  services available in the community where the veteran plans to
  553  reside.
  554         (3) The department shall measure recidivism rates for
  555  veterans who have participated in specialized dormitories and
  556  for veterans who have received special assistance in community
  557  reentry. The findings shall be included in the annual report
  558  required under s. 20.315.
  559         Section 9. Effective upon SB 540 or similar legislation
  560  creating the “State Operated Institutions Inmate Welfare Trust
  561  Fund” being adopted in the 2015 Regular Session or an extension
  562  thereof and becoming law, subsection (1) of section 945.215,
  563  Florida Statutes, is amended, present subsections (2) and (3)
  564  are redesignated as subsections (3) and (4), respectively, and a
  565  new subsection (2) is added to that section to read:
  566         945.215 Inmate welfare and employee benefit trust funds.—
  567         (1) INMATE PURCHASES; DEPARTMENT OF CORRECTIONS; STATE
  568  OPERATED INSTITUTIONS INMATE WELFARE TRUST FUND.—
  569         (a) From the net proceeds from operating inmate canteens,
  570  vending machines used primarily by inmates and visitors, hobby
  571  shops, and other such facilities must be deposited in the State
  572  Operated Institutions Inmate Welfare Trust Fund or in the
  573  General Revenue Fund; however, funds necessary to purchase items
  574  for resale at inmate canteens and vending machines must be
  575  deposited into local bank accounts designated by the department.
  576         (b) All proceeds from contracted telephone commissions must
  577  be deposited in the State Operated Institutions Inmate Welfare
  578  Trust Fund or in the General Revenue Fund. The department shall
  579  develop and update, as necessary, administrative procedures to
  580  verify that:
  581         1. Contracted telephone companies accurately record and
  582  report all telephone calls made by inmates incarcerated in
  583  correctional facilities under the department’s jurisdiction;
  584         2. Persons who accept collect calls from inmates are
  585  charged the contracted rate; and
  586         3. The department receives the contracted telephone
  587  commissions.
  588         (c) Any funds that may be assigned by inmates or donated to
  589  the department by the general public or an inmate service
  590  organization must be deposited in the State Operated
  591  Institutions Inmate Welfare Trust Fund or in the General Revenue
  592  Fund; however, the department shall not accept any donation
  593  from, or on behalf of, any individual inmate.
  594         (d) All proceeds from the following sources must be
  595  deposited in the State Operated Institutions Inmate Welfare
  596  Trust Fund or in the General Revenue Fund:
  597         1. The confiscation and liquidation of any contraband found
  598  upon, or in the possession of, any inmate;
  599         2. Disciplinary fines imposed against inmates;
  600         3. Forfeitures of inmate earnings; and
  601         4. Unexpended balances in individual inmate trust fund
  602  accounts of less than $1.
  603         (e) Items for resale at inmate canteens and vending
  604  machines maintained at the correctional facilities shall be
  605  priced comparatively with like items for retail sale at fair
  606  market prices.
  607         (f) Notwithstanding any other provision of law, inmates
  608  with sufficient balances in their individual inmate bank trust
  609  fund accounts, after all debts against the account are
  610  satisfied, shall be allowed to request a weekly draw of up to an
  611  amount set by the Secretary of Corrections, not to exceed $100,
  612  to be expended for personal use on canteen and vending machine
  613  items.
  614         (2)(a) The State Operated Institutions Inmate Welfare Trust
  615  Fund constitutes a trust held by the department for the benefit
  616  and welfare of inmates incarcerated in correctional facilities
  617  operated directly by the department.
  618         (b) Deposits into the State Operated Institutions Inmate
  619  Welfare Trust Fund shall not exceed $10 million in any fiscal
  620  year. Deposits for purchases pursuant to this section in excess
  621  of $10 million shall be deposited into the General Revenue Fund.
  622         (c) Funds in the State Operated Institutions Inmate Welfare
  623  Trust Fund shall be used exclusively for the following purposes
  624  at correctional facilities operated by the department:
  625         1. To provide literacy programs, vocational training
  626  programs, and educational programs;
  627         2. To operate inmate chapels, faith-based programs,
  628  visiting pavilions, visiting services and programs, family
  629  services and programs, and libraries;
  630         3. To provide inmate substance abuse treatment programs and
  631  transition and life skills training programs;
  632         4. To provide for the purchase, rental, maintenance or
  633  repair of electronic or audio visual equipment used by inmates;
  634  or
  635         5. To provide for the purchase, rental, maintenance or
  636  repair of recreation and wellness equipment.
  637         (d)Funds in the State Operated Institutions Inmate Welfare
  638  Trust Fund shall be expended only pursuant to legislative
  639  appropriation.
  640         (e) The department shall annually compile a report that
  641  specifically documents State Operated Institutions Inmate
  642  Welfare Trust Fund receipts and expenditures. This report shall
  643  be compiled at both the statewide and institutional levels. The
  644  department must submit this report for the previous fiscal year
  645  by September 1 of each year to the chairs of the appropriate
  646  substantive and fiscal committees of the Senate and the House of
  647  Representatives and to the Executive Office of the Governor.
  648         Section 10. Subsection (7) is added to section 945.48,
  649  Florida Statutes, to read:
  650         945.48 Rights of inmates provided mental health treatment;
  651  procedure for involuntary treatment; correctional officer
  652  staffing requirements.—
  653         (7) CORRECTIONAL OFFICER STAFFING.—A correctional officer
  654  who has close contact with inmates housed in a mental health
  655  treatment facility shall annually complete training in crisis
  656  intervention. An employee with two or more notations in the
  657  employee’s file for inappropriate use of force incidents, as
  658  specified in s. 944.35, may not be assigned to transitional
  659  care, crisis stabilization, or corrections mental health
  660  treatment facility inmate housing units as defined in Florida
  661  Administrative Code. However, an employee with two or more
  662  notations in the employee’s file who remains free of
  663  inappropriate use of force incidents, for a significant period
  664  may be permitted to work in the transitional care, crisis
  665  stabilization, or corrections mental health treatment facility
  666  inmate housing units.
  667  
  668  ================= T I T L E  A M E N D M E N T ================
  669  And the title is amended as follows:
  670         Delete lines 6 - 87
  671  and insert:
  672         s. 944.151, F.S.; expanding the department’s security
  673         review committee functions; ensuring physical
  674         inspections of state and private buildings and
  675         structures and prioritizing institutions for
  676         inspection that meet certain criteria; amending s.
  677         944.275, F.S.; prohibiting an inmate from receiving
  678         incentive gain-time credits for completing the
  679         requirements for and receiving a general educational
  680         development certificate or vocational certificate if
  681         the inmate was convicted of a specified offense on or
  682         after a specified date; amending s. 944.31, F.S.;
  683         requiring that a copy of a written memorandum of
  684         understanding for notification and investigation of
  685         certain events between the Department of Corrections
  686         and the Department of Law Enforcement be provided in a
  687         timely manner to the Governor, the President of the
  688         Senate, and the Speaker of the House of
  689         Representatives; requiring specialized training in
  690         certain circumstances; amending s. 944.331, F.S.;
  691         requiring the Department of Corrections to provide
  692         multiple private, internal avenues for the reporting
  693         by inmates of sexual abuse and sexual harassment;
  694         requiring the department, in consultation with the
  695         Correctional Medical Authority, to review inmate
  696         health care grievance procedures at each correctional
  697         institution and private correctional facility;
  698         requiring the department to review inmate grievance
  699         procedures at each correctional institution and
  700         private correctional facility; amending s. 944.35,
  701         F.S.; requiring that correctional officers have
  702         specialized training in the effective, nonforceful
  703         management of mentally ill inmates who may exhibit
  704         erratic behavior; requiring each institution to create
  705         and maintain a system to track the use of force
  706         episodes to determine if inmates need subsequent
  707         physical or mental health treatment; requiring annual
  708         reporting of use of force on the agency website;
  709         requiring that reports of physical force be signed
  710         under oath; prohibiting employees with notations
  711         regarding incidents involving the inappropriate use of
  712         force from being assigned to transitional care, crisis
  713         stabilization, or corrections mental health treatment
  714         facility housing; providing an exception; expanding
  715         applicability of a current felony offense to include
  716         certain employees of private providers and private
  717         correctional facilities; defining the term “neglect of
  718         an inmate”; providing for the determination of neglect
  719         of an inmate; creating criminal penalties for certain
  720         employees who neglect an inmate in specified
  721         circumstances; providing for anonymous reporting of
  722         inmate abuse directly to the department’s Office of
  723         Inspector General; requiring that instruction on
  724         communication techniques related to crisis
  725         stabilization to avoid use of force be included in the
  726         correctional officer training program; directing the
  727         department to establish policies to protect inmates
  728         and employees from retaliation; amending s. 944.8041,
  729         F.S.; requiring the department to report health care
  730         costs for elderly inmates in its annual report;
  731         creating s. 944.805, F.S.; providing legislative
  732         intent relating to specialized programs for veterans;
  733         requiring the department to measure recidivism and
  734         report its finding in that regard; amending s.
  735         945.215, F.S.; requiring that specified proceeds and
  736         certain funds be deposited in the State Operated
  737         Institutions Inmate Welfare Trust Fund; providing that
  738         the State Operated Institutions Inmate Welfare Trust
  739         Fund is a trust held by the Department of Corrections
  740         for the benefit and welfare of certain inmates;
  741         prohibiting deposits into the trust fund from
  742         exceeding $10 million per fiscal year; requiring that
  743         deposits in excess of that amount be deposited into
  744         the General Revenue Fund; requiring that funds of the
  745         trust fund be used exclusively for specified purposes
  746         at correctional facilities operated by the department;
  747         requiring that funds from the trust fund only be
  748         expended pursuant to legislative appropriations;
  749         requiring the department to annually compile a report,
  750         at the statewide and institutional level documenting
  751         trust fund receipts and expenditures; requiring the
  752         report be submitted by September 1 for the previous
  753         fiscal year to specified offices of the Legislature
  754         and to the Executive Office of the Governor; providing
  755         a contingent effective date; amending s. 945.48, F.S.;
  756         specifying correctional officer staffing requirements
  757         pertaining to inmates housed in mental health
  758         treatment facilities; amending s. 945.6031, F.S.;
  759         changing the
  760